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HomeMy WebLinkAbout6861 C 21AEU-- TA)C j rJ 0 )Or�4-) goad Sou+twid y Ak Ion wayl of 403 coo/n -T- con,�4rac+ a f)eAO VO Jq(7 bo on lo�I +bs-b G,6ofR co ad- Acr luT, f)f I -; ///`�;-j, ,,j-- PH BOARD MEMBERS SOU/4i_ Southold Town Hall Leslie Kanes Weisman,Chairperson •••,°.140 53095 Main Road•P.O.Box 1179 rrr � . <:$ : Southold,NY 11971-0959 Eric Dantes ; Office Location: Gerard P.Goehringer 4Town Annex/First Floor,Capital One Bank George Horning � rr� 54375 Main Road(at Youngs Avenue) Kenneth Schneider =. 0®U ��� �rr ��`�®r Southold,NY 11971 ... .0,I http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVE Tel.(631)765-1809•Fax(631)765-9064 t l /,�1 W:3�fc , , MA `s ` � 2 Ol � , " 1. FINDINGS,DELIBERATIONS AND DETERMINATION Southold Town Clerk MEETING OF MARCH 17,2016 ZBA FILE: 6861 NAME OF APPLICANT: Southold Farm and Cellar PROPERTY LOCATION: 860 Old North Road, Southold,NY SCTM#1000-55-1-7&8.3 SEQRA DETERMINATION: The Zoning Board of Appeals ("ZBA") has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 15, 2015, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The property (hereinafter referred to as the "subject property") which is the subject of this application consisted of two adjoining parcels of land, which were subsequently merged, one of which had its development rights intact (DRI) and one of which had its development rights sold (DRS). The subject property is located in the Agricultural Conservation (AC) zoning district. The development rights intact parcel (SCTM 1000-55-1-7) is non-conforming at 45,512 square feet in area,where 80,000 square feet is required. It is improved with a two story framed house and an accessory one story framed building. It has 231.77 feet of frontage on Old North Road; 275.37 feet along the eastern property line; 337.33 feet along the southern property line; and 81.32 feet along the western property line. As referenced above, during the course of the hearings on this application the subject parcel was voluntarily merged by the applicant to an adjoining lot known as SCTM#1000-55-1- - 8.3 which contains 22.6 acres of development rights sold vacant agricultural land, and which by"Deed of Development Rights" recorded with the Suffolk County Clerk on December 4, 1992, is limited to - agricultural production and is prohibited from being utilized for "processing or retail merchandising". The improved parcel is shown on the survey prepared by John T. Metzger, LLS, dated April 16,2015. Page 2 of 8—March 17,2016 ZBA#6861—Southold Farm+Cellar SCTM#1000-55-1-7&8.3 BASIS OF ORIGINAL APPLICATION: Request for variances from Town Code Article III §280- 13A(4)(c)and §280-14 in connection with the Building Inspector's Notice of Disapproval dated April 9, 2015, last amended October 27, 2015,which denied a building permit for the conversion of an existing building to include a tasting room and the construction of a new winery building,at: 1. less than the minimum required setback of 100 feet from a major road, 2. less than the code required 80,000 square feet of development rights intact land per use; in addition to requiring site plan approval from the Planning Board. Intervening ZBA Decision# 6903 —Code Interpretation Variance relief is no longer required from §280-13A(4)(c)(less than the minimum required setback of 100 feet from a major road)because on January 7,2016, in a separate ZBA Decision# 6903—Code Interpretation,the Board determined that: 1. There exists only two "Major Roads" within the Town of Southold, namely County Road 48 (AKA the North Road/Sound Avenue), and State Road 25 (AKA Main Road). 2. Therefore, Old North Road (the road adjoining the subject property) is not a major road. It falls under the current definition of"street, local" within the definitional section (240-3) of Chapter 240. 3. Winery structures, located on properties which do not adjoin a Major Road, shall be set back at the principal front yard setback as cited in the applicable bulk schedule and here the subject structures meet same. RELIEF REQUESTED: Thus,the applicant is solely seeking a variance from §280-14 which pursuant to the Bulk Schedule requires 80,000 square feet of land per use and here the applicant is seeking to add an additional use (winery) onto a substandard 45,512 sq. ft. non-conforming development rights intact ("DRI")parcel that is presently improved with a single family dwelling and a 1 story framed building. ADDITIONAL INFORMATION/BACKGROUND: History-Notices of Disapproval The original Notice of Disapproval (NOD #1), dated April 9, 2015, disapproved the subject building permit application "...for the conversion of an existing building to include a tasting room and the construction of a new building for agricultural `production' due to: 1. the proposed winery structure holding a front yard setback of 60 feet where the code requires a 100 foot minimum setback from a major road, in addition to requiring site plan approval. On June 19, 2015 NOD #1 was amended (NOD#2) to clarify that the proposed construction was not a "new building for agricultural production" but rather a "new winery building" (agricultural processing) with an accessory wine tasting room on the 1.04 acre/45,512 sq. ft. non-conforming DRI parcel, improved with a single family residence and framed building. Additionally,NOD #2, added the following grounds for disapproval: 1. less than the 10 acres of land devoted to agricultural purposes required on which to locate a winery; 2. insufficient lot area of 45, 512 sq. ft. where the code requires 80,000 sq. ft. per use in the AC zone district, per the bulk schedule, or here a total minimum of 160,000 sq. ft. for the existing residential use and the proposed winery use; 3. a rear yard setback proposed for the winery building at 15 ft. and 4 ft. respectively where the code requires a minimum rear yard setback of 60 ft. in the AC zone district. Page 3 of 8—March 17,2016 ZBA#6861—Southold Farm+Cellar SCTM#1000-55-1-7&8.3 Subsequent to the issuance of NOD#2 the ZBA received a deed from the applicant's attorney on September 10, 2015, whereby the applicant voluntarily merged the improved DRI parcel,with an adjacent property (SCTM#1000-55-1-8.3) which contains 22.6 acres of development rights sold (DRS) vacant agricultural land, thereby creating a 23 + acre single parcel. This merger eliminated the need for two of the above referenced variances namely: 1. less than the 10 acres of land devoted to agricultural purposes required on which to locate a winery and 2.the rear yard setback. On September 10, 2015 (NOD#3) based on the merger an amended Notice of Disapproval was issued to formally remove those grounds of disapproval. However, the §280-14 ground for insufficient lot area of 45, 512 sq. ft. where the code requires 80,000 sq. ft. per use in the AC zone district, per the bulk schedule, or here a total minimum of 160,000 sq. ft. for the existing residential use and the proposed winery use was baselessly removed from NOD#3. In an amended Notice of Disapproval dated October 27, 2015 (NOD#4), the §280-14 ground for disapproval was rightfully returned to same as referenced above under Basis of Application/Relief Requested. ZBA File#6889,Alison Latham, 1755 Old North Road, Southold,NY It must be noted, that after NOD#3 was issued, the ZBA received an application from the applicant's neighbor, Alison Latham, requesting an interpretation of the Town Code, pursuant to §280-146D, Article III Section 280-14, "Bulk Schedule," appealing NOD#3 regarding the absence of the §280-14 ground of disapproval, inter alia. A public hearing on the application was scheduled and legally noticed for November 5, 2015. On November 4, 2015, the Board of Appeals received a letter from Ms. Latham stating that since the October 27, 2015, Notice of Disapproval remedied the bulk schedule omission, she now deemed her application to be moot and withdrew same with the caveat that her file #6889 with attachments be formally incorporated into the subject Southold Farm and Cellar application #6861. The Board did so by Resolution at the November 5, 2015, public hearing, also incorporating into the record the written response by the attorney/agent for Southold Farm and Cellar. Public Comments The ZBA received several letters, along with verbal testimony at public hearings which occurred on June 4, July 2, August 6, October 1, November 5 and December 3, 2015, concerning this application. The majority of the comments that were in support were not based on the merits of the application, but rather the applicant's ability to make wine. Most of those who commented in support do not live in the subject neighborhood or in Southold Town and did not address the variance relief requested, but rather focused on the applicant having a young family and the quality of the wine. Letters of support were received from three neighbor's(Johnson,4130 Horton's Lane;Burns, 500 Old North Road; and Haman, 1020 Old North Road) all referring to the Meador's as "very nice people," and stating that the proposed winery would be good for the local economy. One neighbor ( Latham, 1755 Old North Road) submitted extensive written documentation and verbal testimony arguing against the application on the basis of the standards for variance relief defined in New York Town Law 267 (B). Since it is well settled that variances run with the land, the ZBA may not grant variance relief on the basis of the applicant's character or business model, but rather solely based upon the merits of the application as evaluated pursuant to the Town Law §267 standards as set forth below. Page 4 of 8—March 17,2016 ZBA#6861—Southold Farm+Cellar SCTM#1000-55-1-7&8 3 Comments from other Southold Town Agencies Town of Southold Planning Board The Zoning Board, in a Memo dated April 21, 2015, requested comments from the Southold Town Planning Board. The Planning Board responded in a memo dated May 6, 2015, with numerous concerns about the application including the "incompatibility of a retail winery with the subject neighborhood where there are houses on three sides of the parcel in very close proximity." On September 1, 2015, the Planning Board sent a memo with additional comments stating "[t]he Planning Board does not support granting relief for a winery to be located on this parcel" (SCTM#1000-55-01-07). The Planning Board again gives numerous reasons for its statement such as "serious concerns over the long range effects of allowing retail wineries on parcels with no room for more than a few parking spaces....This location is on a narrow street, which is not designed to handle the usual winery traffic that typically includes stretch limousines and buses. There is no shoulder available for parking on the street." The Planning Board concludes with "Finally, any relief must be conditioned on Site Plan approval by the Planning Board and the variances should be considered null and void if they cannot obtain site plan approval. There should be acknowledged that a variance is not a guarantee of approvals from any other agency. The site is small enough that the Planning Board could conceivably be unable to safely site plan the uses." Town of Southold Agricultural Advisory Committee(AAC) At the ZBA's request for comments, the AAC sent a letter on August 19, 2015, stating that it reviewed the application. The overall tone of the letter appears to support the application. However, the AAC does not state its support definitively, nor does it provide substantive reasoning that would mitigate the intensity of a winery use on such a small, non-conforming property in a residential neighborhood. Additionally, contrary to the AAC letter, there is no precedent for the ZBA granting such substantial relief; and the AAC cites no such precedent. Moreover,the AAC acknowledged that it has,for some time, been working with the Town Board to finalize revisions of the Town Code affecting agriculture, citing examples of areas they believe need to be updated and improved to better support farming operations. However, the Board of Appeals is not the legislative body of town government and may only grant relief, where justified, from the code that is currently in force and effect. Town of Southold Department of Land Preservation The ZBA requested review by the Department of Land Preservation who replied in writing on August 19, 2015, stating no specific comment on the application, since the 1.04 acre property with the development rights in tact is not subject to a Development Rights Easement, and was not part of the land involved in the 1992 Dickerson to Town of Southold sale of development rights on the applicant's adjacent agricultural property. Violations on the Subject Property 1. Since June 2014, the applicant has been operating an illegal wine tasting room in an accessory building located on the subject property without the benefit of the requisite certificate of occupancy, and without ZBA and Planning Board approvals. Per code, a wine tasting room may only be operated in an AC zone as an accessory to a winery (agricultural processing) use. The only lawful use which currently exists on the subject property is residential. Page 5 of 8—March 17,2016 ZBA#6861—Southold Farm+Cellar SCTM#1000-55-1-7&8.3 2. The Building Department issued a cease and desist order on or about July 8, 2015, and the applicant ceased operations, however resumed same sometime after the filing of the subject ZBA application pursuant to Town Law §267-a(6). 3. The applicant has acquired a NYS Farm Winery license based upon a false statement made in the application.The application specifically questions, in the Premises Questionnaire portion, Section 2. (e), "Does the proposed location of the business comply with all state and local regulations and zoning code?" The applicant answered: Yes. This is clearly a false statement because the applicant did not have a permit to construct a winery, a certificate of occupancy to operate same, • nor did the applicant have site plan approval for a winery at the proposed location. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on June 4,July 2,August 6, October 1,November 5 and December 3, 2015, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: *** 1. Town Law §267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. In the vicinity of the subject parcel, exists Old North Road a narrow two lane local street with a legal 50 foot right of way width, of which only approximately 20 feet in width is paved with asphalt. The street shoulders between the edges of pavement and the road right of way has mature trees and lawns maintained by adjoining properties. Old North Road has no striping and no curbing. The subject property is located on Old North Road and lies between Horton's Lane to the west and Young's Avenue (AKA Railroad Avenue) to the east. Both of these streets connect to CR 48, a major road. Either one of these streets must be used to access the subject property. During personal inspections of the surrounding neighborhood, members of the Board observed that Old North Road terminates at the intersection of Horton's Lane, where there is an extremely narrow three-way junction on a sharp bend with a stop sign and blind spots. Accessing the subject property from CR 48 along Horton's Lane one passes seven dwellings; accessing the subject property from CR 48 along Young's Avenue one passes 15 dwellings. Granting the requested variance will be detrimental to these nearby residential properties, which are located in a quiet residential enclave, as a winery will necessarily cause an increase in vehicular traffic on this very narrow residential country lane, along with causing an increase in the noise normally associated with a winery to wit vehicular, music, and social, thereby interfering with the quiet enjoyment of those residential properties. Adding a tasting room and winery on the one acre subject parcel, which is already developed with a pre-existing single family dwelling on a non-conforming lot, would also create an undesirable change in the character of the subject neighborhood by authorizing a unique mixed-use parcel which is not characteristic of the residential neighborhood. The Board is aware that there is a well-established vineyard located at the easterly origin of Old North Road where it intersects with CR 48 (One Woman Vineyard). This vineyard is currently proposing to establish a winery in a pre-existing agricultural building with a conforming front yard setback on a portion of the parcel with the development rights intact.No variance to the bulk schedule is required since the DRI property does not and will not contain a dwelling (which requires the issuance of a certificate of Page 6 of 8—March 17,2016 ZBA#6861—Southold Farm+Cellar SCTM#1000-55-1-7&8.3 occupancy) but rather will contain one use, a winery with an accessory trailer for temporary farm labor housing which has a legal trailer permit that is current and must be regularly renewed. Additionally, although this property is located on Old North Road, unlike the applicant's property this vineyard has extensive frontage on CR 48, a major road, with the winery entrance on Old North Road visible from and merely 400 feet away from CR 48. In contrast,the entrance to the applicant's property is 2,100 feet from CR 48 via Horton's Lane; more than 5 times that distance. 2. Town Law 267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The benefit of being able to process and market wine from the subject residential property may be achieved by the transportation of grapes grown on the subject property to an off-site independent wine processing facility. In fact since 2013 the applicant has been producing wine in exactly such a manner. Additionally, the applicant can legally establish an ' off-site tasting room within the Town of Southold in a properly zoned business/retail district as other local wineries have done. 3. Town Law $267-b(3)(b)(3). The variance requested herein is mathematically substantial, representing a 71%relief from the code. The subject 45.512 sq. ft. parcel is already non-conforming with an established one-family dwelling that requires a minimum of 80,000 sq. feet per bulk schedule. Granting a variance from §280-14 for a winery with an accessory tasting room will constitute a second use requiring an additional 80,000 sq. feet or a minimum total of 160,000 sq. feet, and will severely increase the parcel's non-conformity. Although the applicant merged the two adjacent parcels to create a 23.6 acre parcel, thereby eliminating two variances that were originally required (rear yard setback and insufficient acreage devoted to the vineyard), the development rights on the 22.65 acres portion of the subject property were conveyed to the Town of Southold by deed dated November 25, 1992. Pursuant to that deed and the covenants and restrictions imposed by the Town when development rights were purchased, the property is prohibited from being used for "processing or retail merchandising", and may only be used for agricultural production, defined as the growing of crops. Therefore, since the applicant cannot put a winery on the DRS portion of the property,the Board finds that the applicant may not benefit from such acreage by merger for bulk schedule purposes. Additionally, the Board finds that it is irrational that development rights sold property should be utilized to satisfy the bulk schedule for proposed uses on land which cannot be so developed. To do so would virtually undermine the intent of the Town's bulk schedule and the Town's Land Preservation Program. These findings are consistent with the opinions expressed in a Memorandum to the Chief Building Inspector from the Office of the Town Attorney dated October 27, 2015, and by the Southold Town Planning Board in their Memorandum of May 6, 2015 in which they state: "The Planning Board is very concerned that a winery is being proposed on this small parcel.There is already a single family dwelling on this parcel and a winery would result in a 2nd principal use on an already non-conforming lot, according to the Bulk Schedule in the Town Code. Adding a winery use to this 1 acre parcel would require a substantial Area Variance (160,000 sq. ft. of lot area where only 45,512 sq. ft. exists) or a 71% lot area difference." Finally, granting such substantial relief from the bulk schedule would set a precedent that would adversely impact not only the subject neighborhood, but could have town wide consequences for appearing to support huge increases in the degree of non-conformity on similar small residential lots in other neighborhoods in Southold Town. 4. Town Law 267-b(3)(b)(4) Grant of the variance has the potential to have an adverse impact on the physical or environmental conditions in the neighborhood because it would permit the establishment of a commercial winery with retail wine sales in an otherwise quiet residential/rural neighborhood, and on a Page 7 of 8—March 17,2016 ZBA#6861—Southold Farm+Cellar SCTM#1000-55-1-7&8.3 very small lot that would not allow for adequate buffering and only very limited on-site parking. Such commerciaUretail activity would increase traffic on Old North Road, which is a narrow residential street that is not in the best condition, and, with only 8 parking spaces proposed, visitors to the winery would necessarily be parking in the street. This will result in damage to lawns of neighboring properties and make that portion of the road narrower and considerably more dangerous. To mitigate potential adverse impacts,the applicant has offered to accept conditions and/or covenants and restrictions on variance relief that include no special events, busses, or limousines; barring the public from the wine processing building; and capping the occupancy of the tasting room to the number of on- site parking spaces, which restrictions they allege comport with their proposed business model. However, conditions or covenants and restrictions cannot remedy the grossly undersized nature of the portion of the subject parcel with the development rights intact, or the intensity of the uses which would be conducted thereon. Additionally, while the ZBA appreciates these assurances from the applicant, we agree with the opinion expressed by the Planning Board that the applicant's "very existence on the map of wineries will lead to this type of traffic [buses and limousines] attempting to visit by virtue of being easily located on internet maps and GPS systems.Also we must consider that future owners might have a different business model."(Planning Board Memorandum dated Sept. 1,2015). 5. Town Law $267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel(s) after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel(s) under the Zoning Code in effect prior to or at the time of purchase, as well as actual or constructive knowledge of the covenants and restrictions encumbering the property the applicant merged with the residential parcel that prohibits "processing or retail merchandising" of crops grown on same. 6. Town Law $267-b. Denial of the requested relief is the minimum action necessary and adequate to preserve and protect the character of the neighborhood and the health, safety and welfare of the community. ***After the closing of the December 3, 2015, public hearing, the applicant's agent/attorney granted an extension to "the end of March 2016" on the 62 day time frame in which the Board is required to render a decision. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman(Chairperson), seconded by Member Schneider, and duly carried,to DENY the variance as applied for. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Horning, Goehringer, Schneider. This '-solution was duly adopted(5-0). Leslie Kanes eisman, Chairperson Approved for filing /2212016 Page 8 of 8—March 17,2016 ZBA#6861—Southold Farm+Cellar SCTM#1000-55-1-7&8.3 RESOLUTION OF THE BOARD: motion was offered by Member Weisman (Chairperson), seconded by Member Schneider, and duly carried, as follows: WHEREAS, the applicant voluntarily merged his improved DRI parcel (SCTM 1000-55-1-7) with his adjacent DRS agricultural property (SCTM# 1000-55-1-8.3) to remove two required variances from this application; AND WHEREAS said variance relief is now moot by virtue of this denial; NOW BE IT RESOLVED that the Board of Appeals grants the applicant a waiver of merger and waives associated fees and the required public hearing, upon written request of same, followed by the submission of duly recorded deeds, all to be completed within 2 years of the date of this decision. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Horning, Goehringer, Schneider. This Resolution was duly adopted(5-0). • Leslie Kanes Weisman, Chairperson Approved for filing c�/ f /2016 Q� L MAILING ADDRESS: J.K CANNING BOARD MEMBERS if S®(/ry P.O.Box 1179 DONALD J.WILCENSKI ®� ®l® Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex \\\ PIERCE RAFFERTY ® @ 54375 State Route 25 �° JAMES H.RICH III ®� (cor.Main Rd. &Youngs Ave.) Sw� MARTIN H.SIDOR C®U Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD r_ RECEIVED MEMORANDUM SEP 0 12015 BOARD OF APPEALS To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman�6�' - Members.of the Planning Board Date: September 1, 2015 Re: Second Request for Comments for Southold Farm & Cellar SCTM#1000-55-1-7 ZBA#6861 The Planning Board has reviewed the application referenced above, along with the revised Notice of Disapproval, and provides these comments as follow-up to our previous comments from May. The Planning Board does not support granting relief for a winery to be located on this parcel. As stated in our last letter, the Planning Board has serious concerns over the long-range effects of allowing retail wineries on parcels with no room for more than a few parking spaces. Southold is already experiencing the serious traffic problems that -occur on and around sites that do not have enough space for parking. This location is on a narrow local street, which is not designed to handle the usual winery traffic that typically includes stretch limousines and buses. There is no shoulder available for parking on the street. A retail winery at this location would be incompatible with the neighborhood -there are houses on three sides of this parcel in very close proximity. While we appreciate the assurances of this applicant that they will not welcome buses and limousines, their very existence on the map of wineries will lead to this type of traffic attempting to visit by virtue of being easily located on internet maps and GPS systems. Also we must consider that future owners might have a different business model. • Soutf'-__ 'Farm & Cellar, Inc. -August, 2015 The Variances are all substantial and this is also a cause for concern to the Planning Board. This would set a precedent. The Code stating a winery must be set back from the road at least 100 feet was enacted to help mitigate impacts of wineries and their accessory retail activities (wine tasting, special events) to their neighbors and to the public streets. This application proposes to locate the building only 60' from the road (40% variance). And this proposal would create two principal uses on only 45,000 sq. ft., where the Code calls for 80,000 sq. ft. of lot area for each principal use. The applicant has stated in writing in their"Amendment to Southold Farm and Cellar Zoning Application", dated as received by the ZBA on 6/26/15, that they will merge the parcels. It appears this action is necessary if there is to be any consideration of relief by the ZBA (it could be a condition of relief if the applicant is reluctant to merge the parcels prior to a decision). If the parcels are not merged, the Variances are so extreme that it would appear the door is open for just about any property next door to a vineyard to build a winery and conduct public wine tasting. Should the ZBA consider granting relief, the Planning Board recommends strong covenants that restrict the future uses. The following are some ideas for covenants: • A winery for wine-making only, with no public tasting; No special events-there is no space on the one-acre parcel; • No outdoor music or other entertainment; A membership club model where only club members come for tasting; Very limited hours or days of operation; Limit the number of people to only those that can park on site in accordance with a Site Plan approved by the Planning Board; 30 minute visits and tastings limited to 1 oz. each type of wine (this is from the applicant's description of their retail wine-tasting business in their 6/26/15 amendment to their ZBA application). Any covenants imposed by the ZBA should be coordinated with the Planning Board prior to their being filed with the County. Finally, any relief must be conditioned on Site Plan approval by the Planning Board and the'Variances should be considered null and void if they cannot obtain Site Plan approval. There should be acknowledgement that a Variance is not a guarantee of approvals from any other agency. This site is small enough that the Planning Board could conceivably be unable to safely site plan the uses. The larger question of what rights remain with regard to the bulk schedule after a Sale of Development Rights must also be explored further. In other words, does the acreage from the development-rights-sold land count towards the Bulk Schedule for a winery principal use? Currently, when someone is selling their development rights, they are told that a strict reading of the Code would require them to leave out from the sale at least 80,000 sq. ft. per future proposed use (house, winery) to meet the Bulk Schedule. Perhaps the Town Code needs to be revisited to clarify this point. RECEIVED- 2 SEP 0 1 2015 BOARD OF APPEALS Soutti-_ Farm & Cellar, Inc. —August, 2015 111 One last point, the very large Variances being requested can also be taken as a sign that the Town Code might need a closer look by the Town Board. In this case, the issue is whether there some way to codify and allow the small wine tasting room/producer use, without opening the door to potentially adverse impacts from traffic and noise. Thank you for the opportunity to provide input on this application. // b ry RECEIVED SEP 0 12015 BOAR® OF APPEALS 3 MAILING ADDRESS: ING BOARD MEMBERS Jf S®Ujjy® So uhold,Box 1179 11971 DONALD J.WILCENSKI Q l® Chair r J� OFFICE LOCATION: AA �� WILLIAM J.CREMERS va yC Town Hall Annex 1 ` PIERCE RAFFERTY �� 54375 State Route 25 l JAMES H.RICH III ®l (cor.Main Rd. &Youngs Ave.) Y MARTIN H.SIDOR yC®UNTI,� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUMF- RECEIVE® To: Leslie Weisman, ZBA Chairperson MAY €4 6 2(J;5 Members of the Zoning Board of Appeals 130ARD OF APPEALS From: Donald J. Wilcenski, Chairman Members of the Planning Board Date: May 6, 2015 Re: Request for Comments for Southold Farm & Cellar SCTM#1000-55-1-7 ZBA#6861 The Planning Board has reviewed the request for comments on this application referenced above, and has also made a preliminary review of the Site Plan Application for this winery and accessory wine tasting (aka "tasting room"). The subject parcel appears to have been created in 1962, and is a separate parcel from the adjacent vineyard (see attached Assessors' property cards). It is one acre in size.,_ The Planning Board is very concerned that a winery is being proposed on this small parcel. There is already a single family dwelling on this parcel and a winery would result in a 2"d principal use on an already non-conforming lot, according to the Bulk Schedule in the Town Code. Adding a winery to this one-acre parcel would seem to require a substantial Area Variance (160,000 sq. ft. of lot area required where only 45,000 sq. ft. exists — a 71% lot area difference). As you are aware, Town Code §280-13 A (4) states that a winery "shall be on a parcel on which at least 10 acres are devoted to vineyard or other agriculture purposes, and which is owned by the winery owner. At one acre, this parcel does not appear to meet this Code section. Further, the Code section above also states that the winery must be set back from the road at least 100 feet. This setback for a winery was enacted to help mitigate impacts of wineries and their accessory retail activities (wine tasting, special events) to their neighbors and to the public streets. This application proposes to locate the building only 60' from the road (40% difference). l 1 uw ithold Farm & Cellar, Inc. — May 6, 2( The garage or barn on the property, only four feet from the property line, seems to have an open Building Permit for a farm stand (BP#38951, 6/10/14), however, there is no farm on this one-acre parcel. Whether a farm stand could even be allowed by Town Code on this parcel must be investigated further. Also, the Farm Stand Code (in Chapter 72), requires that 60% of the offerings are actual produce from the farm (fruit and vegetables) (only 40% can be "processed" —wine is an example of a processed item). Another issue with this building is that it is now being proposed to be converted to an accessory wine tasting building. Would the change of use from a barn/garage to a retail accessory wine tasting building require a variance to the setback distance from the property line? Finally, from a long-range planning perspective, allowing retail wineries on parcels with no room for more than a handful of parking spaces will lead to serious traffic safety problems over time. This has already proven to be true in numerous locations in Southold. This location is on a narrow local street, which is not designed to handle the usual winery traffic that includes stretch limousines and buses. There is no shoulder available for parking on the street. A retail winery at this location would be incompatible with the neighborhood - there are houses on three sides of this parcel in very close proximity. The Planning Board is concerned that the only Variance noted in the Zoning Board of Appeal's request for comments is for the 100 foot setback. The other zoning issues identified above need to be addressed and resolved prior to the Planning Board processing this Site Plan Application further, or providing comments to the ZBA on their application for relief. In summary, those other zoning issues are as follows: 1. Bulk schedule for principal uses— 2 proposed principal uses on a 1 acre lot in the AC Zone. 2. Requirement in 280-13 for a winery to be on a parcel with 10 acres of agriculture or vineyard. 3. Farm stand/accessory wine tasting building use, compliance and setback. To make the process more efficient for the applicant, we recommend a meeting be arranged between the Planning, Building, and Zoning Board of Appeals departments to discuss how best to move forward on this proposal. Please contact the Planning Department with any questions or to arrange a meeting at your earliest convenience. Thank you for the opportunity to provide input on this application. 2 Juthold Farm & Cellar, Neighborhood of the Proposed Winery. (The proposed winery location is marked with a yellow stickpin and the label I acre parcel".) .t I ASO •C 48 l t t acre parcel '�y _ - 5 ti 5 •,i •1 iuthold Farm & Cellar, Close-up of the Residential Neighbors of the Proposed Winery r, r� � f �� � 1 acie parcel f xv -,aUNTX OF SUFFOLK RECEIVED MAY 14 2015 Steven Bellone 130ARD OF APPEALS SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment May 5, 2015 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: I Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Pfanner, Andreas #6859 Kolyer, Steven &Andrea #6860 Southold Farm and Cellar Inc. #6861 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0 (631)853-5191 r� ° Fri K 104 Edwards Avenue, Suite 3 o 0, C _b © Calverton, NY 11933 r '_`� ® `"''' Tel (631) 727-3777 Fax (631) 727-3721 ON LONG ISLAND c O � / AskUs@lifb.com www.lifb.com RECEIVED AUG 2 0 2015 August 6, 2015 ZONING BOARD OF APPEALS TO WHOM IT MAY CONCERN: Long Island Farm Bureau is a membership association comprised of over 3,600 members interested in a rural quality of life. Our mission is to serve and strengthen agriculture, not only on Long Island, but on a state and federal level as well. Our members are comprised of growers and farmland owners from all commodities grown on Long Island and residents that support farming and agriculture here as a way of life. Over the last 3 decades, we have witnessed the evolution of agriculture from mainly traditional row crops to a variety of new and innovative selection of crops including wine and grape production, sod, greenhouse production, small animal production and aquaculture. Additionally, new and innovative growing practices have evolved with these new commodities and new farmers. We realize our County, Towns, and residents do not always fully comprehended the changing face of agriculture and the innovation and practices that result from these changes. Additionally, programs are not always flexible enough to accommodate these new practices. We at Long Island Farm Bureau support those innovations and encourage our County and Towns to recognize the changing face of agriculture. Our farm operations are an important part of the quality of life our residents enjoy. Additionally, agriculture provides an economic engine that creates jobs and is an important basis for Long Island's leading industry which is tourism. Suffolk County to this day continues to be one of the top leading counties in New York State in terms of the value of products we produce. Long Island Farm Bureau encourages our local governments and residents to support our farmers and recognizes that the laws and regulations in place today do not always help our farmers. In fact, the same laws that were enacted in the past to aid agriculture may now be hindering viability of agriculture. We remain open to any discussions to support our farmers when issues like this arise to help keep our industry strong and vibrant into the foreseeable future. Sincer , Robert Carpenter Administrative Director UW Town Hall,53095 Aiain Road Chris Baiz,Chairman `� a' '; P.O.Box 1179 Karen Rivara c� rr Southold,New York 11971 Doug Cooper John B.Sepenosla John P.Sep Jim Glover Lou Caracciola Tom Stevenson AGRICULTURAL ADVISORY COMMITTEE Mark Van Bourgondien Bill Ruland,Town Board Liaison August 19,2015 . RECEIVED Leslie Kanes Weisman,Chairperson ��G ® Z015 And Members of the Board Zoning Board of Appeals Town of Southold Z®N1NG BOARD OF APPEAL 54375 Main Road, P.O. Box 1179 Southold, NY 11971 Dear Chairperson Weisman& Members: Re:Southold Farm+Cellar.-ZBA File#6861 The Agricultural Advisory Committee has reviewed the application for variances at-860 Old North Road, Southold. There are numerous points in the Town Code which have not favorably impacted the agricultural industry's use of farm lands in the Town of Southold.To that end, the Agricultural Advisory Committee has been working for some time now with the Town Board to finalize a full revision of the Town's Code affecting agriculture from 'bulk schedules', setbacks, land-based aquaculture and land- based farm stands for shellfishermen, to on-farm processing for all crops other than just wine grapes. The application for variances in the case of 860 Old North Road include some of the forward looking needs currently4n the legislative process. The following points are important to sustaining agriculture as a viable land use in the Town of Southold in considering this application's requests. 1. An "agricultural farmstead" such as 860 Old North Road is the keystone to return and keep some 22 acres of agricultural lands in productive agriculture that would otherwise not fare as well. The more the intensity of use of these farm lands, the greater the opportunity for longer term economic viability. 2. 860 Old North Road was a lot created long before there were zoning designations in the Town of Southold.When the Town did eventually place zoning designations, it knew that by designating 860 Old North Road in an AC Zone,that the Town was creating a non-conforming lot out of 860. The Town created the problem, not the owners of 860. On this point alone, 860 should be granted full relief in regard to all setbacks and uses for agriculture,especially as it keeps 22 acres of farmlands in production. k 3. 860 Old North Road should be merged with its 22 acres of agricultural lands as quickly as possible, and, in addition to its 22 acres of farmland, be placed in the Agricultural District#1, Town of Southold.This will enable the owners and operators of this agricultural entity to seek future relief from local burdens through the Commissioner of Agriculture and Markets NYS in Albany.This would also mitigate the rear yard setbacks. 4. The front yard setback for the pole-barn structure to be used as a winery, once the parcel is in the Agricultural District, per Ag&Markets would be deemed "unreasonably restrictive"at a 100 foot setback. Ag & Markets applies the setback for the primary residential structure as an appropriate setback for all agricultural buildings. 5. Existing structures on 860 can be more easily resolved when 860 is merged with its farm land. The Town Board and the Agricultural Advisory Committee have been discussing for some time now the need for a modified "Bulk Schedule" for agriculture. There are "Residential Bulk Schedules"and "Commercial Bulk Schedules" in the Town Code.And as result of the absence of an "Agricultural Bulk Schedule" in the Code, the Town has tried to rationalize such a schedule for agricultural uses.This simply has not worked. 6. At the Supervisor's request, AAC has been discussing what principal uses and how many principal uses should be allowed on one farmstead lot,perhaps up to four,or more if they are all in balance. AAC likes to think of it as one designation, "Farmstead Use", which would allow multiple uses of the present "Residential and Commercial Bulk Schedules" on one lot as a keystone to adjacent owned and operated farmland. 7. Finally, the application requests of 860 Old North Road have precedence on other farmsteads presently operating in the Town of Southold, including issues of setbacks, land use,and multiple agricultural uses on non-conforming lots.860 should not be the exception to those. The Agricultural Advisory Committee would be pleased to discuss any questions the Zoning Board of Appeals may have in this matter. On behalf of the Committee, �y p AUG 202015 _y`� • g®eEd1Yh7 SO ARD OF App6ALS OFFICE LOCATION: MELISSA A.SPIRO ��®F So Town Town Hall Annex LAND PRESERVATION COORDINATOR �® �® 54375 State Route 25 \� melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue) Southold,New York `v Telephone(631)765-5711 Facsimile(631)765-6640 ® �� MAILING ADDRESS: y�'®USN P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Zoning Board of Appeals Vol RECEIVED From: Land Preservation Committee AUG 2 ® 2015 ZONING BOARD OF APPEALS Date: August 19, 2015 Re: Southold Farm + Cellar (ZBA file #6861) At its regular meeting held on August 18, 2015, the Land Preservation Committee reviewed your August 7, 2015 memo with attached documentation requesting comments on the above referenced application. The ZBA application and Building Department Notice of Disapproval pertain to a 1.04 acre property known as SCTM #1000-55.-1-7. The 1.04 acre property is not subject to a Development Rights Easement and was not part of the land involved in the 1992 Dickerson to Town of Southold sale of development rights. Therefore, proposed uses on the 1.04 acre property are not subject to the Town's easement and the Land Preservation Committee has no comments on this application. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 January 8, 2016 Attn: Vicki Toth ZBA, Town of Southold D o 0 20�� Main Road JAN Southold, NY 11971 RE: ZBA APPEAL#6861 (Meador) Dear Chairman Weisman & Board:" Please be advised that we hereby extend the Board's time to render a decision until March, 2016 when there will be a full Board. Thank you. Very truly yours, �- -1ft.ricia C. Moore PCM/bp C: Southold Farm and Cellar Inc. FORM NO. 3 Q�/� f� lY�1W RECEIVE TOWN OF SOUTHOLD BUILDING DEPARTMENT OCT 2 7 Z015 SOUTHOLD, N.Y. ZONING BOARD OF APPEALS NOTICE OF IDISAPPROVAL DATE: April 9,2015 AMENDED:June 19,2015 AMENDED: September 10,2015 AMENDED: October 27,2015 TO: Southold Farm&Cellar 860 Old North Road Southold,NY 11971 ' Please take notice that your request dated March 31, 2015 For permit for the conversion of a an existing building to mclude a tasting room and the construction of a new winery building at Location of property: 860 Old North Road, Southold,NY County Tax Map No. 1000—Section 55 Block 1 Lot 7&8.3 Is returned herewith and disapproved on the following grounds; The proposed construction is not permitted pursuant to Article III,Section 280-14, No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80,R-120,R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule[l]incorporated into this chapter with the same force and effect as if such regulations were set forth herein full. Pursuant to Bulk Schedule,80,000 square feet of property,development rights intact,is required per use.The portion of property with development rights intact is+/-40,000 square feet. Pursuant to Article III, Section 280-13A,4, (c)The winery structures shall be set back a minimum of 100 feet from a major road;and (d)The winery shall obtain site plan approval. The proposed winery building is located 60 feet from Old North Road, This Notice of disapproval was amended on June 19, 2015 to address the issue of two uses,'acreage for winery, and rear yard setbacks. It was further amended to eliminate the need for certain variances after the applicant legally combined two parcels. This notice was further amended to add the need for a variance and lk sche i 0V• ------------------ ---------------- ------ Authors ature Cc:File,ZBA,planning,town attorney FORM NO. 3 � i a& M RECEIVED TOWN OF SOUTHOLD SEP 10 2015 BUILDING DEPARTMENT SOUTHOLD, N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: April 9,2015 AMENDED:June 19,2015 AMENDED: September 10,2015 TO: Southold Farm&Cellar 860 Old North Road Southold,NY 11971 Please take notice that your request dated March 31,2015 For permit for the conversion of a an existing building to include a tasting room and the construction of a new winery building at Location of property: 860 Old North Road, Southold,NY County Tax Map No. 1000—Section 55 Block 1 Lot 7&8.3 Is returned herewith and disapproved on the following grounds: Pursuant to Article III, Section 280-13A,4, (c)The winery structures shall be set back a minimum of 100 feet from a major road;and (d)The winery shall obtain site plan approval. The proposed winery building is located 60 feet from Old North Road. This Notice of disapproval was amended on June 19, 2015 to address t issue of two 4se acreage for inery, and rear yard setbacks.It was further amended to eliminate the need for certa riances after-the pli ant le ally combined two parcels Authorized Sign Cc:File,ZBA,planning J � FORM NO. 3 f TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT SOUTHOLD,N.Y. JUL 01 2015 NOTICE OF DISAPPROVAL BCAp OF APPEALS DATE: April 9,2015 AMENDED:June 19,2015 TO: Southold Farm&Cellar 860 Old North Road Southold,NY 11971 Please take notice that your request dated March 31, 2015 For permit for the conversion of a an existing building to include a tasting room and the construction of a new winery building at Location of property: 860 Old North Road, Southold,NY County Tax Map No. 1000-Section 55 Block 1 Lot 7 Is returned herewith and disapproved on the following grounds: Pursuant to Article III, Section 280-13A,4, (b)The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes,and which is owned by the winery owner; (c)The winery structures shall be set back a minimum of 100 feet from a major road;and (d)The winery shall obtain site plan approval. The proposed winery building is located 60 feet from Old North Road. Furthermore,the proposed construction is not permitted pursuant to Article III,Section 280-14,which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A- C,R-80,R-120,R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule[11 incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk schedule allows one use per 80,000 square feet.The addition of a winery/tasting room,in addition to the existing single family dwelling,constitutes a second use on this 45,512 square foot parcel. The proposed construction on this non-conforming 45,512 square foot parcel in the AC District,is not permitted pursuant to Article XXIII,Section 280-124,which states that,on lots measuring between 40,000 and 59,999 square feet in total size,a minimum rear yard setback of 60 feet is required. Following the proposed construction/conversion,the winery buildings will-have,wiH-have,a rear vard setback of 15 feet and 4 feet,respectively. This Notice of disapproval was amended on June 19, 2015 to addre s:the issue o4twoes,`` cre ge for winery, and rear yard setbacks. ignature Cc:File,ZBA,planning FORM NO. 3 ` TOWN OF SOUTHOLD �� n BUILDING DEPARTMENT V� SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: April 9,2015 AMENDED:June 19,2015 TO: Southold Farm&Cellar 860 Old North Road Southold,NY 11971 Please take notice that your request dated March 31,2015 For permit for the conversion of a an existing building to include a tasting room and the construction of a new building for agricultural"production"at Location of property: 860 Old North Road, Southold,NY County Tax Map No. 1000—Section 55 Block 1 Lot 7 Is returned herewith and disapproved on the following grounds: Pursuant to Article III, Section 280-13A,4, (b)The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; ,_,/(c)The winery structures shall be set back a minimum of 100 feet from a major road;and (d)The winery shall obtain site plan approval. The proposed"agricultural production"is located 60 feet from Old North Road. Furthermore,the proposed construction is not permitted pursuant to Article III,Section 280-14,which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A- C,R-80,R-120,R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule[l]incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." �{ Bulk schedule allows one use per 80,000 square feet.The addition of a winery/tasting room,in addition to the existing single family dwelling,constitutes a second use on this 45,512 square foot parcel. The proposed construction on this non-conforming 45,512 square foot parcel in the AC District,is not permitted pursuant to Article XXIII,Section 280-124,which states that,on lots measuring between 40,000 and 59,999 square feet in total size,a minimum rear yard setback of 60 feet is required. Following the proposed construction/conversion,the winery buildings will have a rear yard setback of 15 feet and 4 feet,respectively. < This Notice of disapproval was amended on June 19, 2015 to address th ue o 7usesreag for winery, and rear yard setbacks. Authgn e Cc: File,ZBA,planning \ ._ V S RECEIV D� 1 FORM NO. 3 APR 17 20 TOWN OF SOUTHOLD �Q1 BUILDING DEPARTMENT ZONING BOARD OF APPEALS N ..x, SOUTHOLD,N.Y. b 5'c S 5 NOTICE OF DISAPPROVAL '� y DATE: April 9, 2015 _ i TO: Southold Farm& Cellar 5-if 860 Old North Road Southold, NY 11971 Please take notice that your request dated March 31, 2015 For permit for the conversion of a an existing building to include a tasting room and the construction of a new building for agricultural"production"at Location of property: 860 Old North Road, Southold,NY County Tax Map No. 1000—Section 55 Block 1 Lot 7 Is returned herewith and disapproved on the following grounds: Pursuant to Article III, Section 280-13, 4, (c)The winery structures shall be set back a minimum of 100 feet from a-major road; and (d)The winery shall obtain site plan approval. The —Proposed"agricultural production7 is located 60 feet from Old oad. ----------------- Authorized Signature Cc:File,ZBA, planning PATRICIA C. MOORE Attorney at Law RECEIVED 51020 Main Road Southold,New York 11971 SEP 2015 Tel:(631)765-4330 Fax:(631)765-4643 ZONING BOARD Op APPEALS September 10, 201 ,( ikpVerity Chief ldi6,-in ector To`w of2?Vti1Atullildi�q Department h1lain\,Ro Southold, NY-11.9�71, b�, hand b Re: 1000-55-1-7 & 8.3 ". Carey & Regan Meador Southold Farm and Cellar, Inc. Dear Mike: Attached please find the deed which now evidences title to the above 2 parcels are held in one entity. Please revise and reissue the Notice of Disapproval at your earliest convenience. Thank you and please do not hesitate to call should you have any questions. Z ours, tr"icia C. Moore PCM/bp encls. -E BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND I CHASER BEFORE SIGNING. 1/w^ THIS INDENTURE,made the r day of September,.2015 RECEIVED between CAREY MEADOR,his wife,residing at 860 Old North Road,Southold,New York 11971 SEP 10 2015 party of the first part,and MEADOR LAND COMPANY LLC,a New York Limited Liability Company with offices located at 860 Old North Road,Southold,New York 11971 ZONING BOARD OF APPEALS party of the second part, - . WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration,paid by the party.of,the second part,does hereby grant and release unto the party of the second part,the heirs of'successois and'assignq of the party of the second part forever, ALL that certain plot,'piece or parcel of land,with the buildings and improvements thereon erected, situate,lying'ancl being,in the- SEE SCHEDULE A ATTACHED(DESCRIPTION OF PREMISES PARCEL I AND PARCEL II BEING AND INTENDED TO BE the same premises as conveyed by deed dated June 7,2012 and recorded in Liber 12696 page 388 and dated June 7,2012 and recorded in Liber 12696 page. This conveyance is intended to cover premises designated as sctm:1000-55-1-7 and 8.3 TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration 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. IN PRESENCE OF: AREY ADOR NYSBA Residential Real Estate Forts on HotDocs'(9/00) Copyright CapsofO Development -I- State of New York) ss: County of Suffolk On this J day of September,2015 before, the undersigned, personally appeared, CAREY MEADOR personally known to me or proved to me on the basis of satisfactory �� 1 evidence to the be individual(s)whose name(s) is(are)subscribed to the within instrument l and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), RECEIVED and that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument. SEP Il ® 2095 ZONING BOARD OF APPEALS otary Pu BETSYA:PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk doun Commission Expires July 1 NYSBA Residential Real Estate Fortes on HotDoce(9100) Copyright Capsoft"Development -2- SCHEDULE A-DESCRIPTION RARCHL I(1000-055.00-01,00-008.003) f �� ALL that certain plot,piece or parcel of land,situate,lying and being in the Town of Southold, RECEIVED County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the easterly side of Horton Lane,said point being the southwesterly S E P R 0 2015 comer of premises hereinafter described,and where said point intersects the easterly side of Horton Lane with the jands now or formerly of Casola; ZONING BOARD OF APPEALS RUNNING THENCE along the easterly side of Horton Lane,North 09 degrees 27 minutes 40 seconds West,395.84 feet to the lands now or formerly of Johnson; THENCE along lands now or formerly of Johnson,the following threw(3)courses and distances: - 1. North 72 degrees 12 minutes 30 seconds F %185.52 feet; 2. North 17 degrees 47 minutes 40 seconds West;50.00 feet; 3. North 28 degrees 33 minutes 30 seconds West,161.94 feet to a point on the southeasterly side • of Old North Road; ' THENCE North 33 degrees 01 minute 50 seconds East,105.85 feet to land reserved by Dickerson; THENCE along the lands reserved by Dickerson,the following three courses and distances: 1. South 56 degrees 58 minutes 10 seconds East,250.00 feet; 2. North 33 degrees 01 minute 50 seconds East,315.00 feet; 3. North 56 degrees 58 minutes 06 seconds West,188.36 feet to land now or formerly of Volosik; THENCE along land now or formerly Volosik,the following two(2)courses and distances: 1. North 72 degrees 12 minutes 30 seconds East,337.33 feet; 2. North 52 degrees 06 minutes 40 seconds West,209.20 feet to land now or formerly of Haman and t'srigonis; THENCE along lands now or formerly of Haman and Wgonis,North 63 degrees 43 minutes 20 seconds Eas%1030.92 feet to a point on the westerly side of Railroad Avenue(Young's Avenue); THENCE along the westerly side of Railroad Avenue(Young's Avenue)South 11 degrees 21 minutes 00 seconds East,448.26 feet to the northerly line of Parcel 2 on Map of Dickerson Farm; THENCE along the northerly line of Parcel 2,South 69 degrees 02 minutes 10 seconds West, 680.81 feet to the westerly line of Parcel 2; THENCE along the westerly line of Parcel 2,South 10 degrees 49 minutes 10 seconds East, 662.87 feet to land now or formerly of Casola; THENCE along land now or formerly of Casola South 72 degrees 03 minutes 20 seconds West, 1006.30 feet to a point on the easterly side of Horton Lane,the point or place of BEGINNING. RECEIVED SCHEDULE A-DESCRIPTION SEP 10 2015 ZONING BOARD OF APPEALS PARCEL 11(100a-055.00-01.00-007.000) ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at Southold,in the Town of Southold,County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southeasterly side of Old North Road distant 656.68 feet northerly from the intersection of the southeasterly side of Old North Road and the northeasterly side of Horton Lane; RUNNING THENCE from said point of beginning along the southeasterly side of Old North Road North 22 degrees 00 minutes 38 seconds East 231.75 feet to a pipe and land now or formerly of William Hamen; s RUNNING THENCE along land now or formerly of William Hamen and land now or formerly of Matthew Campbell South 63 degrees 07 minutes 22 seconds East 275.80 feet to a concrete monument; RUNNING THENCE still along land now or formerly of Matthew Campbell South 61 degrees 11 minutes 38 seconds West 337.33 feet to land now or formerly fo Chester Dickerson; RUNNING THENCE along land now or formerly of Chester Dickerson North 27 degrees 16 minutes 22 seconds West 81.32 feet to a concrete monument and the southeasterly side of OidNorth Road and the point or place of BEGINNING. BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) RECEIVED STANDARD NYBTU FORM 8007 SEP 1.0 2015 CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORGO� iE�j�1pEALS Pg!CHASER BEFORE SIGNING. THIS INDENTURE, made the day-of September,2015 between CAREY MEADOR,his wife,residing:at 860.01d North Road, Southold,New York 11971 party of the first part, and MEADOR LAND COMPANY LLC,a New York Limited Liability Company with offices located at 860 Old North Road',Southold,New York 11971 party of the second part, WITNESSETH, that the party of the first part,in consideration of Ten Dollars and other valuable consideration,paid by,the.party of;the second part,does hereby grant and release unto the party of the second part,the heirs or successor's and-assigpq of the party of the second part forever, ALL thati certain p1gt,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying•'an`d beirig,m.tile; SEE SCHEDULE A ATTACHED (DESCRIPTION OF PREMISES PARCEL I AND PARCEL II BEING AND INTENDED TO BE the same premises as conveyed by deed dated June 7,2012 and recorded in Liber 12696 page 388 and dated June 7,2012 and recorded in Liber 12696 page. This conveyance is intended to cover premises designated as sctm: 1000-55-1-7 and 8.3 TOGETHER with all right,title and interest, if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the,consideration for this conveyance and will hold the right to receive such consideration 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. IN PRESENCE OF: AREY EADOR tNYSBA Residential Real Estate Forms on HotDocs®(9/00) �' Copyright Capsofe Development _i- f , 1, State of New York ) - ss: County of Suffolk On this"l day of September, 2015 before, the undersigned, personally appeared, CAREY MEADOR personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. otary Pu BETSY A:PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Coun Commission Expires July 1 NYSBA Residential Real Estate Forms on HoWoose(9100) Copyright Capsoft"'Development -2- Lo RECEIVED APR 17 2015 ZONING BOARD OF APPEALS I ��Hum �r'Z 29 GA PAINTED HEMMED FASCIA - 1 2 TFFI aroY '� 12'0" x 14'0" � 99 ® OVERHEAD DOORBASE 11omn �� 'PAN 0 11111111111111111 Jim milmmmmimill 'M BACK SIDEWALL LEFT ENDWALL _ 29 GA PAINTED STEEL scALE t/e'-ro' 12" RIDGECAP(VENTED) scaLE t/a•m Po• GA 6"STEEL RAKEE TRIM TRIM 29 GA PAINTED STEEL SCREWDOWN ROOF PANELS 29 GA. PAINTED S EL 6" CORNER TRIM 29 GA PAINTED 12'0" x 14'0" WALL PANELS OVERHEAD DOOR •tR � FRONT SIDEWALL RIGHT ENDWALL SCALE 1/8'-1.0' SC�IF t/a•■t•o. ELEVATIONS LIeAKN 6Y ALs ALL INFORMATION SHOWN o LA ON THIS DRAWING IS THE `{ REVIEW PROPERTY OF SHIRK REGAN MEADOR REVISIONS POLE BUILDINGS LLC 70 70 THIS DRAWING MAY NOT 860-OLD FARM RD. N■BE REPRODUCED WITHOUT HI PERMISSION BUILDERR AND ■D—ER ARE RONSIBLE W K DATE 5/09/14 TO-IFrALL-ENSIONs SOUTHOLD, NY 807READINGROAD EA5F EARL,PA 17519 LLC SITE-MEADOR BEFORE CONSTRUCTION 717-445-6888 FAX 717-445-3001 BUILDER 20' -� 14 I- 14' -}- 14' i'— 14' -{ 14' -� v 2-2X12 MSR SYP 2-2X12 #1 SYP j TRUSS CARRIERS TRUSS CARRIERS c 2X8 #1 SYP RAFTERS _ n O 4' ON CENTER (D m x 2-2X10 #1 SYP TRUSS CARRIERS 9O' ILm 8' -{- 8' -�- 8' f 8---{�6 2-1 J"X16" LV 2-2X10 MSR SYP 3-2X10 MSR SYP / TRUSS CARRIERS TRUSS CARRIERS TRUSS CARRIERS VI / I z z LONG 4"TRENCH DRAIN 0 F- z � o / / OWNER /N - Z JEL BOTTOM CHORD TRUSSES � 3/12 BOTTOM CHORD SCISSOR IN THIS 30X20 AREA TRUSSES IN THIS 30X70 AREA W 20' f a' - — '�s'�e' a--}— --12' $' -I- 6' 2 Q O _ NEW BUILDING SPECIFICATIONS 90' LL 0 FLOOR PLAN 30' X 90' X 16'6" POST&& FRAME GARAGE SCALE 3/16'=1'0" J �1/1-10'X90' OPEN LEAN-TO O-18" X 8" CONCRETE FOOTINGS (lYP) W ® 0 (5301 LB CAP; 5080 LB COLUMN WT) a/ y O1 1-3'0' X 6'8" 9-LITE FIBERGLASS ENTRY DOOR 1A 1-6'0" X 6'8" DOUBLE 9-LITE FIBERGLASS ENTRY ODOOR 2-12' X 14' FRAMED OPENINGS FOR OVERHEAD DOORS ALL INFORMATION SHOWN ❑3 2-36" X 44"THERMALPANE SINGLEHUNG WINDOWS ON THIS DRAWING IS THE PROPERTY OF SHIRK LLC ®-3 PLY 2X6 GLU-LAM POSTS W OC MP) THISEDRAWINGNGS MAY NOT RECEIVED BE REPRODUCED'MTHOUT 2X8 TREATED GROUND CONTACT SKIRT BOARD PERMISSON BUILDER AND 2X4 SPRUCE WALL GIRTS & ROOF PERLINS 24" OC OWIER ARE RESPONSIBLE 2-2X10 MSR SYP TRUSS CARRIERS 08' SPANS p p y 2 I4� TO\ERIFY ALL DIMENSIONS (991 PLF CAP; 640 PLF A r R ROOF LOAD) ® BEFORE CONSTRUCTION 3-2X10 MSR SYP TRUSS CARRIERS 012' SPANS DRAWN BY ALS (769 PLF CAP; 640 PLF ROOF LOAD) REVIEW 2-1 J"X16" LVL TRUSS CARRIERS 020' SPANS ZONING BOARD OF APPEALS REVISIONS (789 PLF CAP; 640 PLF ROOF LOAD) TRUSS CARRIER TO POST={i"X4-GRK STRUCTURAL SCREWS 8 OEAPOST(2 PER SPLICE MIN)2664 SHEAR RATING PRE-ENGINEERED ROOF TRUSSES- 7/12 PITCH, 48"OC, 30-5-5 LOADING DATE 5 09 14 4 ROWS 2X4 BOTTOM CHORD TIES SITE MEADOR 389 LB UPLIFT;5-120 FACE NAILS=445 LB(PG A4.5) FLOOR PLAN 3/12 PITCH BOTTOM CHORD SCISSOR TRUSSES 12" GABLE OVERHANG W/VENTED SOFFIT& FASCIA A � l 24- EAVE OVERHANG W/VENTED SOFFIT& FASCIA 29 GA. G-100 PAINTED STEEL ROOFING & SIDING 12"PAINTED STEEL VENTED RIDGECAP i RAIN Rl" =F CALCULATIONS (PRODI 'ON SPACE) 2 STORY FR. BLDG. 4048 SOFT. SURVEY OF PROPERTY 4048 x 10.17 688 CU.FT. � d TASTING ROOM 550 SOFT. °' 550 PARKING I x RC SO UTHOLD = 94 CU.FT.4960 SO.FT. 0, 4960 x0.6 xA0.17= 506 CU.FT �OF 'y io N 1288 CU.FT.- ,�� TOWN OFF SOUTHHOLD 2 1288142.2 = 30.5 VF 2 STY FR. BLDG. 688142.2 = 16 VF ��-o�� G ss� i /+ SUFF°OLK COUNTY, N. Y. PROVIDE 2 DWS. 84 x 8' OP OR EQUAL TASTING ROOM 94 - 7 CU.FT EXISTING / °lc< ®S• + 1000-56-01-07 87142.2 2 VF ��q � p PROVIDE I DW 8'0 x 2' OP. OR EQUAL Fj� �p i �SCALE: 1 _—L10 PARKING 506 CU.FT. �QP '� oy� 506/42.2 = 12 VF 14PRlL. ��, 2015 PROVIDE I DW 8'0 * 12' OP s 6�- +� LOT COVERAGE �+O 4 °o EXISTING HOUSE 1453 SO.FT. ° 1 + gyFyDG I STY. FR. BLDG 439 SOFT. 1� .��� �oaRy SHED 100 SOFT. ` oAFgo m 1992 SO.FT. O'�,' 1192145,512 = 4.4% ��, �� p o tee• PROPOSED '4` 3' 2 STY FR. BLDG 3600 SO.FT. 9592 SOFT. 9592/45,512 = 12.2% �r O 20/ ALLOWED O 3�• O � o��>• ycF + R0+ G O $ GE of vt R,la T r\ OiQ/� } 431 qR is �? N• �-`�x }� c' 1 Doti ,QC, C H �l I DIP/ LL� e 414 o � eoo 2 3 0 j�j' •p°ST x FE.2•H & P �i Gook�>) ® R� �o�ti� i 104 fit. �� \ RECEIVED 0. COGS of �E� ��va�o ��`A APR 17 2015 s E GV o Q �? RIGS-TS ZONING BOARd OF APPEALS \{• S�Z�f� pF ��f� \� NEWI'V OF yv,ME ZONING DISTRICT: A-C +�; �►O� ❑ =WA TER METER A °Sr p =U77L/7Y POLE ■ = MONUMENT LAW yiy�J PARKING CALCULATIONS • = PIPE TAS7 1 NG ROOM 422 SQ:FT. 0 I !200 SO.F I . 2 SPACES N.);$ LIC. N0. 49618 FROCESSING 2100 SO.FT. @ I /500 SO.FT. 4 SPACES -- - i STORAGE LOFT 422 SO.FT. @ 1 /200 SO.FT. 2 SPACES 8 TOTAL SPACES ANY AL TERA AON OR ADDI77ON TO THIS SURVEY IS A V70LA AON I HAND I CAPPED OF SECAON 7209OF THE NEW YORK STATE EDUCAAON LAW. PECONIC SURVEYORS, P.C. EXCEPT AS PER SECAON 7209—SUBDIVISION 2. ALL CER77RCA77ONS AREA - 45.512 W. FT. (631) 765-5020 FAX (631) 765-1797 HEREON ARE VALID FOR 7N/S MAP AND COPIES THEREOF ONLY /F - P.O. BOX 909 -SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR - 1230 TRA VELER STREET WHOSE SIGNATURE APPEARS HEREON. SOU7I-IOLD, N. Y. 11971 —11 r RAIN RUNOFF CALCULATIONS (PRODUCTION SPACE) j 2 STORY FR. SLOG. 4048 SOFT. jJ SURVEY ®F PROPERTY 4048 tt I tt 0.17 688 CU.FT. �/ �j' j' 550 TASTINGc1n �7M - 550 SOFT. 94 CU.FT. P�� �`o d�®(� ��®d�� PARKING (RCA) 4960 SOFT. 4v A �� N 4960 0.6 0.I7= 506 CU.FT �� /0F , �, TOWN OF SOUT HOLD 1288 CU.FT.-.• 2 1288142.2 = 30.5 VF 2 STY FR. BLDG. 688/4 � �r2.2 = 16 VF SUFFOLK COUNTY lro Y PROVIDE 2 DWS. 8'O # 8' DP OR EQUAL o Ali i TASTING ROOM 94 - 7 CU.FT EXISTING ✓ °lF�) ®�,o /� 1000o65-01-07 87/42.2 2 VF 4- PROVIDE I DW 8'0 M 2' DP. OR EQUAL PARKING 506 CU.FT. ��pR o �/ SCALE �, ®g 506/42.2 = 12 VF APRIL 16, 2015 PROVIDE I DW 8'0 u 12' DP tv dr / �6�• F LOT COVERAGE �® too EXISTING 1453 SOFT. cv / ° � ° I �/ �Ro HOUSE �� / 1 STY. FR. BLDG 439 SO.FT, /� \� o° '�yG�o SHED 100 SO.FT. X 1992 SO.FT. o C, ®`� Q? oAF1 q°P PROPOSED 4 2 STY FR. BLDG 3600 SOFT. ® 9592 SO.FT. -1*+b\\\ � A 9592/45,512 = 12.2/ R=CEIV�ED 4LLOU 20% 'J �,o 48\� C� �� Ef OF � �T It\�\ c ®��, }�} e�oF ZONING BOARD OF APPEALS 46 414 1 Y ( T p.� BOO, 9 q '�,`•` ��� �. I 2 ®� ��- •o°ST �col ov �® view mails ZONING DISTRICT A-C `L i e• �c--c`g�- yi' ® _WA 7FR ME7FROr +� o O=UTILITY POLE c� ®= MONUfENT ® = PIPE PARKING CALCULATIONS / `J TAS7 I NG ROOM 422 SO:FT. @ 1 /200 SO.F 1 . 2 SPACES / N.YS, LIC, A10 49618 PROCESS I NG 2100 SO.FT. @ 1 /500 SO.FT. 4 SPACES STORAGE LOFT 422 SO.FT. @ 1 /200 SOFT. 2 SPACES 8 TOTAL SPACES ANY ALTERA77ON OR ADD177ON TO THIS SURVEY IS A WOLA77ON I HAND I CAPPED OF SEC7701V 72090F THE NEW YORK STATE EDUCAHON LABS. PECONIC SURVEYORS, P.C. EXCEPT AS PER SEC77ON 7209—.SUBDIWSION 2. ALL CER77RCA77ONS AREA .512 $0. o (63�) Z65-5020 FAX (6�'y) ��5®3'��Z MFRFnAI -4RF V.AI/n 6•nR 7mic mao Amr) rnRIFq Yddmrnr nAll Y /F RECEIVED Amendment to Southold Farm and Cellar Zoning Application JUN 2 6 2015 ZONING BOARD OF APPEALS In response to the new Notice of Disapproval from the Town of Southold's Building Department dated June 19th, 2015,we are submitting the following as an amendment to our original application to resolve the issues indicated in the new Notice. To resolve.the issues of Article III,Section 280-13A,4,b,which states: "The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes,and which is owned by the winery owner". We are proposing to merge our 23.7 acre adjoining farm land including vineyard (55-1-8.3) and the one acre property that includes our house and tasting barn (55- 1.-7)which will more than cover the necessary 10 acres. In addition,we believe that making this change will serve to resolve the issue of a rear yard setback of 60 feet stipulated in Article XXIII,Section 280-124. Finally in regards to Article III,Section 280-14 regarding the second use on our non- conforming lot,we are respectfully requesting relief from this regulation., Prior to our purchase of these parcels,we sought guidance on this project from various regulatory offices within the Town of Southold.While we were aware of the lot merge issue,it was our understanding,based on the information we had at the time, that no other major issues would keep us from realizing our goal,which is to have a small farm winery operation.Knowing what we know now,we may have not pursued this endeavor. As it stands,if the Zoning Board of Appeals sees fit to not grant us the relief we are seeking,the viability of continuing to operate the farm as we'd planned will cease to exist and we will have to consider other less desirable alternatives. We understand the issues of volume of winery traffic and other competitive business models facing the Town of Southold. It was never our intention to exacerbate those issues but to provide a unique and viable alternative. With a better understanding of our business goals we hope we can shed light on our unique approach to calm these concerns. Over 30% of Southold Farm and Cellars'wine produced is distributed to world class restaurants and wine shops in NYC,Northern and Southern California and Rhode Island.While Colorado,Texas,Massachusetts and other areas of the country(along with the UK and Canada) are waiting to have access to our products while we continue to grow our production. We also have a robust direct-to-consumer model that relies heavily on our website and wine club,which means our product goes straight from a warehouse to the consumers'home. As for our tasting barn,less than 4% of our production is consumed on site,the majority of it being poured as 1oz tastings. The average visit lasts under 30 minutes.We intend to keep driving these numbers lower. In addition,we limit our hours of operation and do not employ live music.We currently do no advertising and use no signage on any major road in proximity to our facility. We rely on word of mouth,local/national social media and press to drive our business. While our tasting barn has helped significantly in introducing our product to the consumer,we view this part of our endeavor as strictly an aide to educate the public about our fruit growing and winemaking practices,rather than a so-called "agri- entertainment'model. We'd like to point to recent trends within our local market. Businesses like Lieb Cellars and Shinn Estate Vineyards operate in a similar mixed agricultural and residential area on Oregon Road that have banned buses and limos from their premises and limited group sizes. Even more to our goal, Riverhead winery Roanoke Vineyards recently announced that it will be privatizing it's tasting room on Sound Avenue making it no longer open to the public. .These are examples of our business model that show proof of its viability. Southold Farm and Cellar is essentially a small farming and manufacturing operation focused on small batch,handcrafted wine,not unlike the many new agricultural business popping up all over Southold Town operating out of a farm stand.Whether it's oysters,chickens,wine,tomatoes or snails, our goal is to produce the best product right here in Southold and get it right into the consumer's hands, whether that be in their home or through some of the best restaurants in the world. Southold Town has a long history of accepting an agricultural endeavor as a second use subordinate to the primary use of the homestead.As a family with two very young children,we are asking for the same treatment. We are a farming endeavor. Please let us farm. RECEIVED Fee:$ Filed By: Assignment No. 2015 APPLICATION TO THE SOUTHOLD TOWN BOARD OFZPPEALS APPEALS of APPEALS AREA VARIANCE House No. Rf0 Street Old North Rd. Hamlet Southold SCTM 1000 Section 5, Block 1 Lot(s) 7 Lot Size 1.04 acres Zone A r— I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED AnTI qth, ?.()1 S BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): South„1d Earm and Cellar,Inc Mailing Address: 860 Old North Rd Telephone: 917-400-0014 Fax: Email: rmasoutholdfarmandcellar.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name ofperson 1who agent represents: Name of Representative: �e a�1 1 o e-d CCU A, for�Owner( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names: (X)Applicant/Owner(s), ( )Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED 4/9/2015 FOR: (3)Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280-13 Subsection: 4 Type of Appeal. An Appeal is made for: ( )A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( ) has, (x)has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# RECEIIV V, APR 17 2015 v &ONING BQARD OF APPEALS REASONS FOR APPEAL (Please be specific, additional sheets may be used wit preparer s signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: The new building will match existing structures and be largely guarded screen by trees. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: The shape of the lot does not allow a 100ft setback. 3.The amount of relief requested is not substantial because: A 60 foot set back is allowed for all agricultural buildings. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5.Has the alleged difficulty been self created? { }Yes,or{]j No Why: Are there any Covenants or Restrictions concerning this land? {)j No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Si nat r of Applicant or Authorized Agent (A a must submit written Authorization from Owner) Swo to befor me this�da of 20L �.Jll Notary )3&k- Pubhc VICKI TMH wry PublicW of New York No.(),to61�0696 Qaelil'ied in Suffolkl�28 21 Le Commission Exp PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 December 2, 2015 Attn: Leslie Weisman, Chairperson Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 RE: ZBA APPEAL06861 (Meaor) Dear Chairman Weisman & BoarAttached please find 5 copies of my response to the October 27, 2015 Notice of Disapproval and the Latham Appeal #6889 which was submitted at the November 5tn hearing. While reviewing the file at the ZBA office, it was not part of my client's file (#6861) The minutes of that hearing confirm that the attached was submitted and accepted by the Board. Kindly re-insert in your file now. Thank you. V ry ruly yours, t ' atricia C. Moore OUk---_ PCM by encls. N 1' Southold Farm & Cellar 862 Property: RECEIVED DEC _ 3 2015 • Farmhouse built early 1900s "®AR® OF APPEALS • Pre-CO issued 2005 • Farmhouse parcel separated as individual lot long before zoning • Merger restores farmhouse to the larger overall farm property • 1992 40 acres [Dickerson] preserved/sale of development rights • 1997 the development rights parcel was divided 18 and 22 acres/ • Property was suitable for vineyard and'a horse farm w/ring and paddocks Notices of Disapproval • This property and its use have now been subject of 4 conflicting Notices of Disapproval. • Each disapproval is evidence of conflicting interpretations of the Town Code. • The disapprovals ignore at least 30 years of the Town's practices both those of the Building Department and Planning Department. • These varied and conflicting disapprovals are clear evidence/proof that the Town Code is unclear/is deficient/and fails to give owners,prospective owners, and even government officials a clear determination of what can be done with the property. • The Notices of Disapproval and the demands being made upon the agricultural operations violate the New York Ags &Markets Law. Page 1 of 6 • Latest Notice of Disapproval if accepted as correct [we don't] turns public policy and past precedent on its head. • 23 acres of development rights land is within the State Agricultural District and is protected under state Ags &Markets Law. A deed conveying development rights from a property DOES NOT STERILIZE THE PROPERTY FROM SUPPORT OF AGRICULTURE. It merely limits the use to "Production" a term which is defined. There is no language which prohibits the use of the restricted land in support of processing and marketing. Covenants and restrictions on land cannot be given a different or stricter meaning than the specific language contained in the deed restriction. In fact, past applications included both the restricted and unrestricted land in its entirety [Appeal 6902, Old North Road Barn LLC—Purita] • No Town can enact or administer its laws in ways that unreasonably restrict farm operations within an agricultural district unless it can be shown that the public health or safety is threatened. • Ag land acreage without development rights CAN BE USED TO SUPPORT THE FARM OPERATION located on abutting merged non-development restricted area. To interpret or suggest otherwise is contrary to State law, contrary to the development rights program and contrary to 30 years of past practice in this Town. In this instance, the 23 acres of vines support the farming operation which includes the farmhouse, 400 sq. ft. tasting barn and proposed agricultural building for wine pressing and storage (production) All are permitted farm operations in AC zoning and therefore, by definition, do not Page 2 of 6 threaten public health or safety. These activities constitute FARM OPERATIONS which is a defined term. • FARM OPERATIONS are defined this way" among other things, activities that contribute to the production, preparation and marketing of crops, livestock and livestock products." • Development rights sold land is intended for supporting of farm operations, specifically "processing"which is part of the"farm operation" on the reserved area. • Also, consistent with the Deed of Development Rights: the use of the land is restricted to "agricultural production"...however the Development Rights sold land supports the farm operation which is defined as"activities that contribute to production,preparation and marketing". • Not Legislators: • We have provided numerous examples of other properties on which farm operations, abutting development rights ag land have been approved as an entire operation—as a whole w/o trying to isolate each and every use and structure on the farm. • I have another example for you • 8 Hands Farm: • 2014 Site plan on 2 acres reserve area of 27 acre farm Exiting Structures: (11%lot coverage) 9,300 Sq. Feet Includes Page 3 of 6 Farmhouse, garage, breezeway, farm stand, sheep barn AND NEW Cheese Making Production/Processing building with Kitchen 1,080 sq.ft. (Cheese making, farm equipment and storage) Cheese processing is no different than wine processing 8 Hands Farm is identical in scope of use as Southold Farm& Cellar—all of it a farm operation. • SHINN VINEYARD • 21+acres of which 20+acres are Town Development Rights... • the non-development rights restricted ONE ACRE area(reserve) contains • a two story house with a B&B, barn, shed,two large one story buildings including a tasting room,processing, and a wind turbine on the development rights restricted land(1000-100-4-3). • Four separate applications were filed with the ZBA#4868 10/19/00,#5339 6/19/03, #6308 12/29/09 and#5836 Special Exception for B&B 3//9/06 affecting this parcel. While the Planning Board expressed concern over the number of uses on this one acre reserve area,the bulk schedule was not applied and both the development rights restricted and non-development rights reserve area were considered in support of these farm uses. Southold Farm& Cellar is similar in size and production as Shinn Winery. This winery was well known by the Meador family when they purchased their property. • PURITA/ONE WOMAN/OLD NORTH ROAD BARN LLC • On ZBA December 3, 2015 agenda: #6902 Old North Road Barn, LLC (Purita). Old North Road Barn, LLC application is for additions and alterations to and conversion of an existing storage building into a wine production building. This parcel also contains an existing dwelling (with a valid trailer permit). In their October 19, 2015 Notice of Page 4 of 6 Disapproval,the storage building lot(1000-51-3-5)is to be merged with the adjacent Development Rights sold parcel (1000-51-3-4.11, 12, 13 and 14). Unlike the Southold Farm& Cellar application,the Old North Road Barn notice of disapproval does not apply the bulk schedule in such a manner as to identify two separate uses—dwelling and winery. Furthermore the Building Department/and Zoning Board now attempt to sterilize the agricultural value of the development rights land. • Moreover the application describes the lot size as 22.48 acres which includes both the Development Rights land and reserve area. The notice of disapproval, in the Old North Road Barn, LLC is correct and the town code is applied in the`same manner as it has always been applied. Only with Southold Farm& Cellar has the notice of disapproval been completely inconsistent with the town code and prior(and existing)precedent. • The Building Department, only a week after the Old North Road Barn, LLC notice of disapproval was issued was advised to change their notice of disapproval FOR THE MEADORS to the absurd"Latham"interpretation, i.e. that after Southold Farm& Cellar merged their unrestricted parcel with their house and a 400 sq.ft. tasting shed remained not conforming because the Development Rights Sold Land is sterilized from supporting the farm. • Meador family farm is being treated differently than all other similarly situated farm operations in the Town. • The Town Code is a mess. • The Zoning Board is not a legislative body; This is a matter for the Town Board. Page 5 of 6 Page 6 of 6 ryh i p� �a FOR WORK IN THIS AREA I p,t EC EIV E® PROPOSED PARTIAL SITE PLAN, ®a �+ I \ 8e •�. SEE DRAWING Not i�>0T— / ''.' \• PROPOSED PARTIAL.LIGHTING PLAN, "•°� SEE DRAWING No DEC _ 3 Z015 LOOATI ON MAP• ®A,�® ®P APPALSi �� I << '.; I ! ? P&O-PO NOT TO 50MP �y >.A-; 5ED SITE PLAN- r/'%al' \ "\•, �`�' \ (�Nl�d;J �.+�� ryrAcrl�carr /0r•0' 1 ar, BO a IN« \ \ w I V 6 G ✓ scm no,loco�eos-lo 9 / I / ®`�' \ \ /!' �a�pr�u•/FdUTA.ITIRAI raxSe.vAncn \ �pehq/�• I 1 ® /��-nt� \ �\ I e ��� >aortr uze�Ni \ [9// \\ 1 mmra i -W�2/�9 �� ` � �u J�•f-�� rte v� PmSutl`u � a. 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Fop � uacr ]�F:ow 6'9fF.Nf6 H0(BFYI �ID�XfT"[fig wAvc LOGATWI ( P�'( / � (aPLal Ii0A.6RCP CamIDan.I�iT wTil.Ya.s Yat8YU1 B.vHR Oa CNPt AHd117 - b RESER sroP/�wwloaswrsP owcwr(6.sn VED / 2 M°B1 mes.oa EiOPP.155]waa6Mn Im g:om :wnw(drerl PARiGNGf3Vs, C� * Ir0@HOME®1 IbT9�XOa WPF.G99HV m96111J Nff T]w 50Fi 8'-C D'-o' ea 5AN YIEL7 L.�GS, s`r6'q O,r/^+ NI�gLM�81�ftOW PCR SIR�6N40/AWE 1213.. 1� �IOM� ab$b F� SH SP.oa RO.3.aM HO pJBLn'O �� 1YPICjLPARK C� .peA sYDW550F#NRrPYRO io w,mLS SNaIA¢Y e♦ A ee"�looTT�- sIR/A A.315302AGAN4l 5P1 N .� A AM T]W APT � SYS1Bi A'14 tORK f¢WtSO •S, ~� (N YSA OTw •'an/c.(uoax]Bau sPJ h ,�� xTls xor<avlcpxAl�A Ton«wor«wuvfnsumxrsrsv+ .vus,®Im AJ�•SIIE A,ra-wouffww mas o tRYu9i 0a 610DF �• ,bw..,��� �NANDICAPF9] Aw AcrosoM]sPi• o pb/ < _ ,� T]mstloa ants•uD esn961m �la °�sam`cw'"nF � LOCATION MAPi PwJiOY 5LAr6� PARKIN6516N ]I53 ALAJW655F1-O9A1 AG(tlp}]]UT615P1 �O1(1 1 NOT TO SOALE sn.LST�laru w.as/c. ryCr ys.�Wc+a.vlr] NrMuulc toAM. wnvfiw Por,6� AOD�o''� uw KW=r.;aSAD DICAun� M�mw..a �'.o NATeesxrl:lve 6a�Twn PROPOSED PARTIAL SITE PLAN, FRSTWB RpI.30006N(s5'A7 w,fl�¢uU. 61D]N9 SITIA,E Ah ` PXaa�IworuT+�vAJ99avAa IFE w'MAxveF 6�m.L5oo sAi �� I roTAt PROPO�SIR YMTMYFttXib%IYI, ' WiTNl•MULT 6SPAB WNG Pff091BIS4+A n@OLSTW4EPOLLL 5T6r99 5WiI1MlD 511E SMATA¢T f1Ai•IXSYS A'♦FRY ST5.B' - ' _ HG-.,A Tef111®ON 9NDAi9 5LFPOLK LWMY.IB-I YORK G9J]W•3oD0 E39.50bTl6P0 vw MTA6$ B501K 5@I'LTA1K. IU.IQ.�IIaO]-10 PpOgT.ID SNESINTMYfILf1•BBBT199 Ramtwi. // - N - •. SOI.W 6f0X]•WAD]6NI(M Rfi19ID 1pwN,50151RILT.'PG'AEitiOJLNRN.C01Y+6o/ATION WE I-0'MA%♦'fR M�IH.I]N 811 OMRENT 115E.PARM � PiW MMr.Tw alctoSTs ` Io�ro''j0�� gr.-.� �;' "",,, ', / nela�M cwaacw.s'sav PrrIAFL.aoo�iw�.wA ➢ wrvieruArs \ �o�SrA�a irezw+; _ J-��gBpyo'� '�911 e �� ,�� sMfiw/Is�sc.aai SOPr slit:ow.n. I� Ea15ml� ��Eu.. \_ I /D/ a \\\ i I FAS1PKRt 0>X. IP£I-0•Dtlxl]O'BP GEFM.9000 sOR ovHiALL SNE. FARM IJ4A3LSs sP P;.��PTN05�T�L�J (10AMM ta98YAA15f5ffi4 (iT15902 JL1 b b � '�\ �T4f•,e,w FWf18.513• - qn.. &DB'A' FAWGTAtID/ t4�045F NL. �� .� Y �iiDmis Nui 6 '68' �xismis\ 6Lm e• sroR/<6e / sNosAw `W \ /J•-.O. J'° F xa�no T��uM v' clime wYKINs WA sF U _ITulme - Sy,�, r•rtisLsameu,e n'.?'; ww�eR �� \ ei.os e' snw.sE nAa sF Nc 6 � _ _ - �e�qw , '. 38 \n\ Eloe F• RTSIMQYE YDOM sP Nc Py, WO pLP�iOq� Bo• ]avaA 4n^ 2�•0 � ` :. 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AICWDNCE�5NRA1rCUR AbIdEU CWNtI1B.TKNRWIN.mCC161WLiln1@BD1GiB)W WPPSW MPIffiMVM NWTASW MIXVKr6C1Yli1EW)gTAHEl6R�Y®.NDMWWAiWCH51 �'���Mr ��^���^re AblCM-ONFPifSFW 9@PAS@l.'Fll1a. 5RFr NNHINY iN.`I @ 9Bail®AS PIRf W MMIY/.1bIFO1A99D05 E8+Mf W fU16e YSrB5MW0!®BCM9iMIK W1rtf WM55p66 MtOf/L NLpJPAIMDI.nn L�NDINII gFIAY HSPIWP PKNfl95NW rofR�N51YCPK$TAre WMg91N1HLMLSW IEW3SVa'�.11E5Q M`V5W f09UM8NR6%nR31T LNn wWBBMGBMIfHRHWW9URMNW.35WN InOL PMNEtel9 Ar rt5 WV.Jgp y;la @!DJgIFW[SWRENW36FW CHtiAN Patt2F.l9YNbA1DYNp W OKOVL �Y@ of 5 • �lQ�l�'I D C CE � �1L SOUTHOLD PLANNING BOARD 0 C T 3.0 2 014. D SITE PLAN APPLICATION FORM Southold Town Planning Board Site Plan Name and Location Site Plan Name: U Application Date: / 1 Suffolk County Tax Map#1000--q(2 - Other SCTM#s Z_ JO. Z- Street Address: 475.6 a)( LAME- Hamlet: )FL Distance to nearest intersection: Type of Site Plan: New Amended_Residential Zoning District Ac-- Owners/Agent Contact Information Please list name, mailing address, and �hol a number or the people below: Property Ownerr`�'d� 2 Y—t-s.- Street E6_ E City_ ilaaI(Y.4 State AM Zip 11 - Home Telephone -Ma- Other_q[J-113-17B7 Applicant_AA _ 'rdV—K- Street 4,45D CityA&-=L) k/= State Zip1107 +� Home Telephone -7,rIJ5 IU4 ZOtherILI-AL7 Applicant's Agent or Representative: Contact Person(s)*-- _ - Street n -A-4 City 6jV,4.102 0C State Zip-LMl Office Telephone "2:F;e-5"Other-75q-4j4K0 *Unless otherwise requested, correspondence will be sent only to the contact person noted here. Site Plan Application Form 211812010 _t Site Data Proposed construction type: New Modification of Existing Structure Agricultural Change of use Property total acreage or square footage: ac./sq. ft. Site Plan build-out acreage or square footage: � ad./sq. ft. Is there an existing or proposed Sale of Development Rights on the property? Yes No If yes, explain: Does the parcel(s)meet the Lot Recognition standard in Town Code§280-9 Lot Recognition? Y N_ If"yes", explain(and attach any necessary documentation—,title report, subdivision approval, etc.) Building Department Notice of Disapproval Date: _F�)/1/ Is an application to the Southold Town Zoning Board of Appeals required? Yes No If yes, have you submitted an application to the ZBA? Yes No If yes, attach a copy of the application packet. Shove all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building,indicate square footage of floor area per use. List all existing property uses: A4 s F o� / List all proposed property uses: mt A -�� C - Other accessory uses: �. Existing lot coverage: I % Proposed lot coverage: _% (cross floor area of existing structure(s):C�Oq.ft. Gross floor area of proposed structure(s):��� Parking Space Data: #of existing spaces: 1 #of proposed spaces:D Loading Berth: Yes No Landscaping Details: Existing landscape coverage: % Proposed landscape coverage:% Wetlands: Is this property within 500' of a wetland area? Yes No Maybe I,the undersigned, certify that all the above information is true. Signature of Preparer: Date:4��, Prff 1 7 2 Site Plan Application Form 211812010 c AREA VARIANCE REASONS FOR SOUTHOLD FARM AND CELLAR,INC.: nn14 undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment / (1) An and g p g to nearby properties if granted,because: Mr. and Mrs.Meador are known as running a boutique,hand crafted natural winery"because of how the grapes are grown and processed. The farm,consisting of the two parcels, are owned by the Meador family. The applicant lives and works on the 23.7 acres. The lands owned by Mr. and Mrs. Meador are operated as a farm under single management. The winery(tasting room and space for processing within the agricultural storage building) is on land owned by related or common entities. The one acre is owned by Carey Meador(Tax Map#1000-55- 1-7) while the Development Rights restricted parcel (23.65 acres) is owned by Regan & Carey Meador. Southold Farm & Cellar, Inc operates the farm winery. The one acre is completely dependent on and interrelated to the 23.65 acre adjacent parcel containing the vines(Tax Map 1000- 55-1-8.3). Southold Farm & Cellars, Inc. uses the traditional farm business model. Historically the farms contained the farmhouse,the barns,and on site sales occurred on the road front property with the attached farming operation. This model is still used by many farmers and some of the smaller wineries such as Shinn Winery and Sherwood House: Old North Road,North of Sound Avenue,is the eastern farm belt in Southold Town. Over 183 acres of the adjacent lands(the neighborhood)are in the Development Rights program as well as in the New York State and Suffolk County Agricultural District (Ag. District 1). In fact, applications within the Agricultural District require special notice of Zoning Board applications. Southold Farm and Cellar sent the notice of their applications to the owners of parcels in the Agricultural District. The landowners adjacent to the farm are in favor of any variances necessary to allow this family to continue their small farm winery. They have kindly sent letters in support. Only one neighbor,Mr.and Mrs.Latham,have strenuously opposed the application,yet any reasonable person would conclude that they are not affected by the proposed location of the structures. Their property is a flag lot,almost one quarter mile from the Meador property. The proposed agricultural storage building containing the wine processing equipment is proposed to be set back 60'from the front yard and tucked behind trees. If the use were a non-winery use,the same agricultural structure would be conforming at 50' (280-124 (B)). If the storage building could be pushed back further towards the rear property line,it would be. The closer the storage building is to the vines the more practical the location for the farm equipment. The applicant would consider shifting the building to the west, if the Board prefers. Moreover,the town code 100'setback requirement for wineries states"from a major road". Old North Road would not be considered a"major road". The tennis not defined in the town zoning code. The definition of"maj or road"appears in the subdivision regulations. Route 25 and the North Road are considered"major roads". Old North Road would not be considered a major road as the term is defined. Therefore, the 100' setback is not applicable to this application. The barn is proposed at 60', 10'further back then the zoning code requires. The storage building will be used exclusively for equipment storage,wine storage and for the processing tanks(concrete tanks smaller than the typical winery). The covered porch is the crush pad. The crush pad is outside, covered from the weather, because wine crushing is messy. The crushed fruit attracts bees and fruit flies. The outside crush pads limit bees and fruit flies from coming inside the storage building. Wine making requires a clean and controlled environment without fruit flies. The Board can place a covenant or condition which prohibits the storage/wine production building from being used as a tasting room thereby limiting the use available to the public. We assume that the Latham's strenuous opposition is because they believe that Southold Farm & Cellar, if operated as are some of the larger wineries, might outgrow their site and cause traffic or parking problems. This has been refuted by the applicants at every public hearing, however, simple covenants will address this issue. The Zoning Board can impose reasonable conditions, or the Planning Board site plan can impose similar reasonable conditions. The use of conditions has been applied in other applications like that of Sherwood House. Sherwood House has the personal residence,swimming pool,processing shed and tasting area and bathroom on two acres of the reserved land, from the vineyard acreage, from which Development Rights were sold in 1996. As to mitigating the view of the barn from the road,if additional landscaping is required to further screen the building,this will be addressed in the site plan review. However,barns are not considered unsightly structures on farms. The Town's Agricultural Bill of Rights and all of the Town's planning documents,the New York State Constitution, and New York State Agricultural Markets Law specifically promote agriculture. Taxpayer dollars have supported agriculture on the local,county and state levels. These laws establish clear policy guidelines which protect Southold Farm&Cellar and the Meador family. The applicants,their parents Stephen &Carol O'Connor,and Dawn Meador have invested in their children's dream, and by the numerous letters and emails received by the Board, public policy supporting agriculture outweighs the opposition by one neighbor located one-quarter mile away. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: The wine made by the applicant is hand crafted on site. To produce the highest quality product,the wine is made with specific grapes, low sulfates, and no additives. Production of the wine at other wineries is not feasible in the long term,because the wine is susceptible to spoilage and contamination from other wines(produced by the non-owner winery). The volume of wine produced is very small. The small volume and customized production does not interest other wineries to produce the wine for Southold Farm&Cellar. They must have the production on premises if this winery is to survive. The application before you is a"farm winery"which produces wine with an educational component for the wine enthusiast. The customer is given an opportunity to taste the wine before it is purchased. The tasting is not the primary use on the farm, it merely gives the customer the ability to select from the specialty wines being offered by Southold Farm & Cellar, Inc. Ultimately, boutique wineries with very high quality wines will not need the tasting rooms. The primary use is a vineyard on development rights agricultural land. The processing is already a use being conducted on the parcel,which is a condition of all NYS farm winery licensed premises. The proposed barn will store the agricultural equipment,the porch holds the juice containers for fermentation, the interior would also store the bottles. The 400sq.ft. pre- existing structure provides storage and an extremely limited tasting area for sampling only the wine produced by the Meador family and Southold Farm & Cellar, Inc. The Southold Farm & Cellar tasting room is a low impact,small scale tasting room,merely used to promotes their boutique wine. Transporting the grapes to other wineries for processing was only a temporary condition while the grapes matured. Ags&Markets Law specifically recognizes the need for farmers to"temporarily" obtain produce from other farmers while their farm is being established. The transportation of product off premises for processing and sale is not a viable financial alternative. Farming is sustainable in Southold by the direct sale of the product, whether it is corn, cauliflower or wine, without the"middleman". This is particularly true of wine production due to the significant expense associated with the cost of the land, investment of the vines and processing costs. Production of wine requires multiple steps. Farming can not be sustained merely by sale of the grapes. (3) The amount of relief requested is not substantial because: The amount of relief would be substantial if the lot were not adjacent to the farm/development rights restricted land. The purposes of the zoning setbacks is primarily to mitigate the impact on adjacent properties. The front yard setback has been maximized, if the 100' is applicable. The rear yard setbacks could be the minimum feasible given that the applicant's agricultural parcel will never be developed. If the Board insists on having the owner merge the two parcels,no rear yard variances are needed. Consequently,this application would require NO VARIANCES. Old North Road is not a major road so the 100'setback does not apply,the two combined parcels would eliminate the rear yard setbacks, and it has been well established in multiple agricultural uses, including wineries,that the owner's residence on the winery parcel is not a"second use". No farms or wineries required double the acreage for the farmer's homestead. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: If the variances are necessary,the variances will not affect the physical or environmental conditions in the neighborhood or district. Agriculture is a permitted use. This applicant makes the wine naturally with low sulfates, and no additives. The grapes are specific nontraditional varieties. Agriculture does not effect or impact the physical or environmental conditions of the neighborhood or district. If agriculture adversely affects or impacts the physical or environmental conditions in the neighborhood then 183 acres of development rights would not have been purchased. (5) Has the alleged difficulty been self-created? (X)Yes,or ( )No.To the extent that they believe that two parcels which operate as one farm and are contiguous meet the 10 acre required for a winery. That the barn placed in conformity with the setbacks applicable to principle structures would be allowed. Keep in mind that Real Property Tax Laws allow farms to receive the farm assessments by one or more farms being in agricultural production. The farms acreage is an aggregate acreage for Agricultural Assessment. The state's policy is to promote agriculture. Southold Town has similarly promoted agriculture in the past. This application if denied,will treat this owner unequally to past applications and the Board's past decisions. (attached Exhibit- supplemental memo.) Are there Covenants and Restrictions concerning this land: Yes(alease 1uri:isle cony). The development rights parcel has development rights restrictions. The owner may not build winery processing structures on the development rights land. 7 f Supplemental Memorandum to Address Town's Notice of Disapproval. This memorandum is submitted to supplement the materials contained in the application and prior submissions. Bulk schedule allows one use per 80,000 square feet. The addition of a winery/tasting room, in addition to the existing single family dwelling, constitutes a second use on this 45,512 square foot parcel. The Notice of Disapproval states that each use on the property [residential use, and proposed winery/tasting area constitute two uses on the property requiring 80,000 square feet per - use. There is only one zoning district in the Southold Town Zoning Code that requires 80,000 for each permitted use that is the Marine II zoning district. (Southold Town Code §280-55)' The"Bulk Schedule"includes no such requirement Morevoer,the Town has permitted a number of wineries to operate on farm property without invoking this non-existent 80,000 square foot per use rule. Examples include Shinn Vineyards LLC [SCTM 100-100-04-3.1] a property similar in size to the applicant. The Shinn property has a"development area' of 1.21 acres on which are situated a two story residence which has been approved by this Board for a bed and breakfast with four guest rooms, a winery, and retail wine tasting room. The Shinn property includes its own vineyard on which the development rights were sold on 22.49 acres of ' "In the MII District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,for any uses except the following(one use per 80,000 square feet of land above mean high water,unless otherwise specified)" Southold Town Code §280-55 (emphasis added) z The Bulk Schedule does require160,000 square feet for two family dwellings [in effect, 80,000 square feet per dwelling] but does not include any requirement that each use must be 80,000 square feet. the total property. This property consisting of more than one use,was not subject to any requirement that each use needed 80,000 square feet. The Shinn property received site plan approval for these uses in 2010. (See attached Planning Board resolution of approval dated June 14,2010)3 Sherwood House Vineyard(SCTM 1000-100-4-4.5) is a property similar to the Meador family's property. Located on Oregon Road,the development rights were sold to 34 acres and a two acre area was reserved for the existing residence and small scale winery and tasting area. The Smithen family was pursuing site plan approval with the Planning Board and was not subject to any requirement that the residence and winery were two uses requiring 80,000 each. 8 Hands Farm(SCTM 1000-96-2-10)located on Cox's Lane is a 27.5 acre property on which development rights have been restricted on 25.7 acres leaving less than 2 acres on which is located a single family residence, barns,with a proposed cheese processing building with kitchen now undergoing site plan review before the Planning Board. There has been no insistence that the 8 Hands Farm must provide 80,000 square feet for each use it has on its property. Lastly,Bedell Cellars (SCTM 1000-97-1-25.1) operates its winery successfully on a 2.6 acre property improved with a single family residence together with a winery and retail tasting room abutting the 42.3 acre vineyard on which the development rights have been restricted.' 3 The Planning Board,recognizing the small area for the uses it approved,imposed conditions and limited the winery use to retail tasting and prohibited buses from the premises. The Meador family farm winery is already scaled to such a limited use and is agreeable to appropriate conditions [ie. restricting the tasting area to the 400 square foot building, and restricting the public from the winery processing building] which could alleviate the concerns expressed by the Lathams. 'The Bedell Cellars winery was approved under an earlier version of the Town Code as a special exception use, but is presented as an example of a winery with single family residence on a single parcel that operates without causing any adverse impact or change to the character of the surrounding property. The Meador winery is a far more scaled down operation, is suitable for its off main road, limited use winery/tasting facility. APPLICANT'S PROJECT DESCRIPTION APPLICANT: Southold Farm and Cellar DATE PREPARED: f4/10/15 1.For Demolition of Existing Building Areas (5� RECEIVED Please describe areas being removed: 412D 11 -7 2015 P-(3NfNG BOARD OP APPEAES H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 30 feet by 70 feet Dimensions of new second floor: n/a Dimensions of floor above second level: n/a Height(from finished ground to top of ridge): 28 feet Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: no III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 2882 sq ft. Proposed increase of building coverage: ?100 soft Square footage of your lot: 45738 sq ft Percentage of coverage of your lot by building area: 11% V.Purpose of New Construction: A small wine prorinction farility in which to process,estate grown grapes into wine. VI.Please describe,the land contours(flat,slope%, heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Tnnd is flat anal free frnm mature fnrest Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE RECEIVE® FOR FILING WITH YOUR ZBA APPLICATION APR 17 2015 A. Is the subject premises listed on the real estate market for sale? ZONING BOARD OF APPEALS Yes x No B. Are there any proposals to change or alter land contours? No x Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? no 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? no Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? no If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? Yes If yes,please label the proximity of your lands on your survey. 1. Please list present use or operations conducted at this parcel single family house farm and barn and the proposed use (ex existing single family,proposed same with garage,pool or other) A rized signature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR wit/tin 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Southold Farm and Cellar 2. Address of Applicant: 960 01d North Rd Sonthold,NY 11971 3. Name of Land Owner(if other than Applicant): Carey Meador 4. Address of Land Owner: 860 Old North Rd Southo d,NY 11971 5. Description of Proposed Project: Addition of a small wine production facility. 6. Location of Property:(road and Tax map number) 860 Old North Rd. Southold,NY 11971 / 1000-55-1-7 7. Is the parcel within 500 feet of a farm operation? tj Yes { }No 8. Is this parcel actively farmed? JJ Yes { }No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS I. Southold Farm and Cellar,860 Old North Rd. Southold,NY 11971 2• Peconic Land Trust,Inc. 296 Hampton Rd_ PO Rox 1776 Southampton,NY 11969 3. John A Sepenoski 5600 Horton Lane Southold,NY 11971 4, John A Sepenoski 5600 Horton Lane Southold,NY 11971 5. 6. (Please use the back of this page if there are additional property owners) Z----�� 4 / 10 / 15 RECEIVED Signa re Applicant Date APR 112015 Note: ZONING BOARD OF APPEALS 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. �(Jam! Part 1-Project and Sponsor Information RECEIVED Name of Action or Project: APR 17 2015 Southold Farm and Cellar Project Location(describe,and attach a location map): ZONING BOARD OF APP LB 860 Old North Rd. Southold,NY 11971 Brief Description of Proposed Action: An existing 400 square foot barn will be used as a small tasting,room and storage,while a new 2100 square foot barn will be erected for use a wine processing facility.A roof drainage system will be installed. Site work includes a gravel parking area for 7 cars. Name of Applicant or Sponsor: Telephone: 917-400-0014 Regan Meador E-Mail;rmasoutholdfarmandcellar.com Address: 860 Old North Rd- City/PO: State: Zip Code: Southold N' 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that x may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: x 3.a.Total acreage of the site of the proposed action? 9,365 acres b.Total acreage to be physically disturbed? .4 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 23-6-5 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial 1XResidential(suburban) ❑Forest IR Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 i } 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: x 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: x 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: basic water drainage x 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? x 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest EX Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? x 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? CRNO ❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 12 NO❑YES EI VM 1-3 APR 17 Page 2 of 4 ZONING BOARD OF APPEALS r� 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: x 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor nam • Date: �fL� Signature: //100, Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 31 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? X 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? X 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, RE EIVED waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 ZONING BOARD OF APPEALS No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? X 11. Will the proposed action create a hazard to environmental resources or human health? X Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. APR 17 2015 ZONING BOARD OF APPEALS ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 I APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Meador Regan S. / Southold Farm and Cellar (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit x Variance x Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning x Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO x If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant REECEICEI VE® DESCRIPTION OF RELATIONSHIP APR 17 2015 ZONING BOARD OF APPEALS Submitted this�day of ,20 Ito— Signature Print Nam �� Town of Southold RECEI1/e � LWRP CONSISTENCY ASSESSMENT FORM APR 7 2015� A. INSTRUCTIONS ZONING BOARD OF App,, 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial pernuts not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Townl 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#i000 -55-1 -7 PROTECT NAME Southold Farm and Cellar The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board® Building Dept. W Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Small Tasting Room and Agricultural Processing Facility Location of action: 860 Old North Rd. Site acreage: Project area:.46 acres-Total 23.7 acres Present land use: vineyard,Farm and stand,Home Present zoning classification: A-c 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Regan Meador South old Farm and Cellar RECEIVED (b) Mailing address: 860 Old North Rd Southold,NY 11971 PR 2 7 2015 BOARD OF APPEALS (c) Telephone number: Area Code( )917-400-0014 (d) Application number, if any. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No® If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ®Yes ❑ No ❑ Not Applicable Non waterfront site,the property is located in an agricultural district between Young and Horton and the intended use of the property is a winery is agricultural in nature and preserves the majority of the property as open space in the form of a farm and vineyard. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable I 4 \ I , - - TOWN OF SOUTHOLD agl1�E0(q E!r XV BUILDING DEPARTMENT $ # TOWN CLERK'S OFFICE l, SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 38951 Date: 6/10/2014 Permission is hereby granted to: Meador, Carey 860 Old North Rd Southold, NY 11971 To: convert existing barn to Farmstand as applied for At premises located at: 860 Old North Rd, Southold SCTM # 473889 Sec/Block/Lot# 55.-1-7 Pursuant to application dated 5/28/2014 and approved by the Building Inspector. To expire on 12/1012015. Fees: FARM BUILDING ALTERATIONS $150.00 CO -ACCESSORY BUILDING $50.00 Total: $200.00 Building Inspector Farm Stand Permit for 860 Old North Rd. Southold. IVY / Garet' and Regan Meador All replacements were completed by owners and Stepnen O'Connor of SJ O'Connor Oontractim the 20 foot by 20 foot existing structure was cleaned, out and a :.)ew concrete floor was poured. .Doors ana winaows were r..epiacec. Roofing and Siding were replaced. Electrical and plumbing are tutly compliant. Stairs to the storage loft (non public space) were replaced. The parking lot is graded crushed concrete witn space W handicap parking. A path from parking lot to the structure is 5 foot wide to accommodate all quests. 57 Locked door 20 Feet Locked door � o m o M CD o � a z 0 0 3 0 v c 3 No oZ Lu APPROVED AS NOTED Restroom m 0 DATE B.P # 3 0 3 FEE' fur BY NOTIFY BUILDING DEPARTMENT AT 765-1802 8 AN1 TO 4 PM FOR THE FOLLOWING INSPECTIONS. ,Q 1. FOUNDATION-TWO REQUIRED FOR POURED CONCRETE nCS I 2 ROUGH-FRAMING,PLUMBING, f STRAPPING,ELECTRICAL&CAULI:0,4 J 2��4 �''� Sink 3 INSULATION 4 FINAL-CONSTRUCTION&ELECTRV LMl n^ ---_ I _ ALL CONSTRUCTION SHALL MEET THE n REQUIREMENTS OF THE CODES OF NEVJ -- - YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRO I i f RETAIN STORM WATER RUNOFF ��- ANC Y OR 10'f_:l q RI su t.171 711 PURSUANT TO CHAPTER 236USE IS UNLAWFUL OF THE TOWN CODE. ELECTRICAL 111r, —=� as INSPECTM REQi,sr�L;,D `� �'+ �— 20' ZQ window, a CbOP , d1S �Na,� , i , I , , i , , I , , , , , , o ' N i � 1 � 1 � 1 Ea � ' O 1 +. CO , 1 1 I - 1 1 , , i , I , , 1 ' Mopulm 7_ IJ i � J • , 1 FOR14 NO. 4 TOWN OF SOUTHOLD (r BUILDING DEPARTMENT Office of the Building Inspector RECEIVED Town Hall . Southold, N.Y. APR 17 2015 PRE EXISTING ZONING BOARD OP APPEALS CERTIFICATE OF OCCUPANCY No. Z- 31252• Date: 11 01 05 THIS CERTIFIES that the building DWELLING Location of Property 860 OLD NORTH RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 055 Block 0001 Lot 007 subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 31252 dated NOVEMBER 1, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY STORAGE BUILDING The certificate is issued to ANTOINETTE V. LYONS (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL-CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. A on ed Signature Rev. 1/81 Town of Southold Annex 2/25/2014 P.O.Box 1179 54375 Malin Bond Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 36784 Date: 2/25/2014 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: $60 Old North Rd, Southold, SC'I'M##: 473889 Sec/Block/Lot: 55.4-7 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 8/31/2012 pursuant to which Building Permit No. 37489 dated 8/31/2012 was issued,and conforms to all of the requireinents of the applicable provisions of the law. The occupancy for which this certificate is issued is: ADDITION AND ALTERATIONS,INCLUDING COVERED FRONT PORCH AND WOOD ENTRY FRONT STOOP („ RECEIVE® APR 17 2015 ZONING BOARD OF APPEALS The certificate is issued to Meador,Carey of the aforesaid building. SUFFOLK COUNT'DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 37489 02-21-2014 PLUMBERS CERTIFICATION DATED 02-14-14 Steve O'Connor 1 Xu"rized Signature Photos Taken by Regan Meador 4/10/2015 RECEIVED APR 17 2015 EASTERN VIEW ZONING BOARD OF APPEALS Western View a �s i s i v 1� I 0j2(p RECEIVE[ Eastern view from back of building APR 17 Flit ' flNING BOARD OF HPPEALS ' rp Southern View i 1 . 1 Northern View LO REECETM i P R 17 ' LONING BOARD OF APPU,LS a w 'j 2015 0� APPEALS do - •F ! -r P 1 i a r. RIECEIVE APR 17 20`i ZONING BOARD OF APPEALS IL ii Ili 111 _ �01 ' I L I L-. I�I� ''�yrn_--_ .. �....... .,. _.�� __-,'+''7�• 4r•`� ^.a. 'Y-"�7�..r-�.;..�; .'�.}r._,_� -.� ,,,.:_,-- r+�., ..._-. � . � r R!:�{�� '. � �-'ls �R�.�• �'LIG L_ �ytgfsiP Lea'•...�.a. \\ _ -- �t--•- �-- � �,.c,�,;yarr i<<:Y_ .a _ ,-r. kL7 tti(-""air '(.�.,"... ram. µ-' ' .'1C-•---� .r.:.:., _,-•, r � - d.�F.: f„ .�n � — r_�.ra:.V-.rnm H o NOF }' i 'fit `Y 1 P CARD �T S! fOwNEI_,I �/f� i STREET . SUB. L:O`F ®. Cy r T' 1(.�' "^k �r✓ f ''RAt' ' X,41 4i '- FORMER OWNE C. Gf '�larir. r N E l;� �','d`}7-f i��'1�':°`)w`�r�� �=-t�j),,7�,� � ' .r .� „w ff:•_.�.,�i ACR, ��f !.� ��wf�tn•c..�.-c�3+. y::, ��" �l. �.t..1�.v�,.�..w-,. 3'it, ,� •TYPF OF BUILDING i^ RES, ,� SEAS, VL. FARM COMM, CB. MISC. Mkt:Value LAND IMP. TOTAL DATE REMARKS I . I I •,'fy^e> t? C .z s- �'�? 1� y i t ifi C.,,"t js 901,; k,J=-3 �4 Ides 1 t � ." AGE BUILDING CONDITION 1--1hAS• w- L I I - 656- L 0?1 S -/Z) A/I CAL NEW NORMAL BELOW ABOVE d l I �� P .2,) FARM Acre Value Per Value „ Acre y Tillable 1 _lV,&f-� Tillable 2kto --�-r 1 .. k. Tillable 3 Swampland �Q PePt FRONTAGE ON WATER Brushlond I �����P FRONTAGE ON ROAD — House Plot DEPTH y BULKHEAD (� 7 i �~ 111Q1J�� Y� fv „ . Total DOCK 001-01 a_ TRIM §. ,�' �,. _ .. •�',`..^.i+s•.�\=�" _ ,",� ':`.�,.;. �i -ate 10 ":+TM'. :� W-.� ,-•• _ +'°°£'r'wa w. _` 'ri,*5. .;y _ _ ,4fY, a'- I g H "�' „, µ ;:„ ;�:.;;A�yb.'�®.x W 4-.•.«,.:�I,r..,ky�4al:ar"f°i" �'k;{;;'I*e�i.' ,, ... •. i. ,•�.n;`•x1i: .. ���.��# r:y._.£ '�L-r,;llt��.>.�,�,r•'u'.�'�, '�yi..,«:-�'M1�♦ W. ��' ''y' _ • Mix**, V�3�t.*.tr1'.µ`ti"i`eC' .p '. �'«" ;,..� —ai '.t.:Z... �.;H+s„i,��r`. . r�,'k rr�� .•.. '��a;ra:;, t ".y;;�� �;4�'?5:�� 4;, ,,{{..�� ;�1`a4._"��ic.;�4 ••} "v'" .,^,,�=:7' ��4` � +�,"Sa.. � 'S.`.�a�rt.i':.�."�•:t�k'�':i;:' w .x�yRJ,.+; m.te i 2 ?�'L}7;'t�t�d_ �'. ���.t "`^ •� � v��:� yam.S,k�wx`,& a'�..K.•-g•..a�t. art 55:1-7 1/2014 po, tt s Ci _ l st 2nc Foundation PC carEisp Bath Dinette ExtensionT ra- = 1�t FULL =!%18 f Basementsias`L ri L Floors Kit. V xtension lf6 Y, Finished B, Interior Finish LA 'sExtension Fire Place Heat �S D.R. Garage Ext. Walls a �r BR. ' Porch ,SO 210 Dormer Baths Deck/Patio `to Fam. aim,i beEWEP— Pool Foyer 2 A. '�?, are A ` Laundry Q.B. k;��- 9 2-ttc)-.et = 52g 1 ZONING OARD OF APP yrY/Stud Doclt � -ti�f 7 � SCTM # TOWN OF SOUTHOL.D PROPERTY RECORD CARD OWNER STREET VILLAGE' DIST, SUB. LOT ACR. R MpRKS G4nve`T 16AW TYPE OF BLD. PROP. CLASS LANO IMP. TOTAL DATE I u i RECEIVED l I ZONING BOARD OFAPPEALS FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL PATRICIA C. MOORE ( Attorney at Law J 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 August 12, 2015 � NO Attn: Vicki Toth ZBA, Town of Southold AUG 12 2015 Main Road Southold, NY 11971 ZONING BOARD OF APPEALS Re: 1000-55-1-7 & 8:3 / Carey & Regan Meador ZBA APPEAL # 6861 Dear Chairman Weisman & Board: In further support of our position that the 100 foot set back is only applicable from a "major road". In the zoning code, the RO zoning purposes preamble identifies the location of RO zoning along "major roads". Pursuant to your request, I am enclosing a copy of my clients NYS Liquor Authority Farm Winery License and NYS Dept. of Taxation and Finance Certificate. Please make this part of the file. Thank you. Very truly yours, cia C. Moore PCM/bp encls. ras,._. - _ -'^®.y •-,;m?.. �•o p,�...-m,.:ti°• s••%,�-",_,,,f._.�-•_-,�.,.^'.�.; "�..�•�•.:::.,, � T��`^-«.. _. �.:,-ti;. _ ,ate-•�'n�"S I''�=.,:fir C-®..'��-����b}y.�� y•:=�'�.. '��•.:'�..' '���=:.•,. '.cam h�� =-^"ti;,�t---6Y {.. _;,ti~_•��;.y� -� ,:, �?:��� �•,.^_a'•' �._r",.''�" J�,���^,�� � I {, {..��4•i•�"'•a`(14'-�:-„li�'•�,,��0.t-•7 f'r"��. ::t�'• (,S�•!�.a.��'Y-1�"•�-,•e.I" .�•••'.et.=iNe�....,, - �0.r �da'rF a'e�r.a�_,�S 4°^: "t'� "r".' .j• j r^Z '."• �+r-,4'..�sm,r..°^. .✓7"'•'.A^^+. _.3,. �jtC:SA..l-'?•zrA :•:o _ s.F.t�s,. ',Latse- ' a; ir;• ..r':�� � t` r_ s ti'�-,'ir- +�r^_ t'-' •. :: }�^'ay?`:.^ ',�•.a-,'�.•.. �� 'S'✓,-.K LI••' L`Bq'' •s !'.. � 6`8y � ,„�l - 4 {. •):�YEt•_-fa w,�. 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DBA SOUTHOLD FARM AND CELLAR 860 OLD NORTH ROAD SOUTHOLD, NY 11971 is registered as a distributor of liquor, Nvine, alcohol, and distilled or rectified spirits pursuant to the provisions of Article 19 of the New fort;State Tax Law. A violation of any provision of Articles 18 of the Tax Law or:my-requirement, rule,or regulation of the Department of Taxation and finance made pursuant to Article 18 of the Tax Law or the existence of any grounds listed in section 423 of the Tax Law, shall constitute sufficient cause for the cancelation of this registration. This registration certificate is not transferable and sliall remain in force until canceled. Any change of address of distributor,or change of officers or directors,or their addresses,shall be immediately reported to the Tax Department. SO RECEIVED AUG 1,2 2015 Th6pas 1-1, Mattoa, Conimissioner ZONING BOARD®F APPEALSCoMM-i�Ssiblib- of l'aXaiion and Finance � 4 m r-131.2(3,'DQ} New York State Liquor Author,"''- Page 1 of 1 t Your browser does not support Frames 2-Aq 7R- ' `qt ,j' '�1'l" t• a'! '' .� � _ '�,:.+,4 r}y, ''t:, •its F f-� _ :A�' { RR, i ..� ww..,.•,y,ox-.^•_'h'"""';....,.^�;y�� s' £�f'e � � �i ' �/3 a,..y[�{v:�;� y 'p#'�t.y,y pp ..(.'",ac,"�vs�._,.�`�t^' y P .e t fR � ��°�,i�, 4'.,y'�y4�E.','L"'4..�`•"a,<":�ti;s},3�1IIV?7[5" �'f".." La '. Forms Quick-Find:. Wholesale Forms Retail Forms :Help°, , E� �06N Public Query-Results Andrew M.Cuomo,Governor Vincent G Bradley,Chairman License Information Kevin Kim,Commissioner Serial Number: 1273977 License Type: FARM WINERY Home License Status: License is Active Public License Query Credit Group: 4 Wholesale Filing Date: 09/30/1013 Effective Date: 02/20/2014 r i _ Expiration Date: 01/31/2017 •ty ar+.5 .- - #444 •�' ';i R'�'���- Premises Information MEADOR, REGAN w; `" [•}a ? •i:.'.,, MEADOR,CAREY Principal's Name: OCONNOR,STEPHEN OCONNOR,CAROL f' .3:jP:"tq'rs:°!ts«IZre" t�; #.; r,, ?.: f`"i_ MEADOR, DAWN Premises Name: SOUTHOLD FARM AND CELLAR INC r' � ptk� i'I Trade Name:` SOUTHOLD FARM +CELLAR Zone: 1 Address: 860 OLD NORTH RD �`{fif;li.`�U 23.tq' t'F:tsdc ir ,,,ttLd7l"st.;:" '^!'trf P'f:d 0t dr.•14},1;7A'k,.t.Dttr>°t,�' �. SOUTHOLD, NY 11971 Count SUFFOLK - z 7+.SO t!4t"i.�n•.!i! i:i� °s Y�;.t��:. You can select one of the following links to perform another search: »�2s,_y"Y4 wryy^•4" -wa.�Y`.VYis+.:.;.�'.•.n 7 - w._~•'" °.•- --° w —- • Search by Name • Search by License Number • Search by Location • Search by Principal It Advance Search Disclaimers I Confidentiality I Privacy I Security New York State Liquor Authority•80 S.Swan Street•9th Floor•Albany,New York•12210-8002 https://www.tran.sla.ny.gov/servlet/ApplicationServlet?pageNarhe=com.ibm.nysla.data.publ... 8/7/2015 Toth, Vicki From: Toth, Vicki Sent: Friday,August 07, 2015 12:14 PM To: 'pcmoore@mooreattys.com' Cc: betsy@mooreattys.com Subject: Southold Farm + Cellar Pat— The Zoning Board Members are requesting a copy of the Licenses issued by the State and AG & Market for Southold Farm +Cellar. Thank you, Vicki Toth Zoning Board of Appeals Town of Southold 631-765-1809 631-765-9064 (fax) 1 �. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 December 14, 2015 Attn: Vicki Toth I QQ�V ZBA, Town of Southold RECEIVED Main Road Southold, NY 11971 DEC A 4 2015 ZONING BOARD OF APPEALS RE: ZBA APPEAL # 6861 (Meador) Dear Chairman Weisman & Board: In accordance with the Board's request that I provide the site plan application and plan of the different examples provided throughout the hearings enclosed are the following : 1. Shinn Winery 1000-100-4-3.1 & 3.2: Single family with approved B&B, winery with wine tasting room, wine making room & bathroom, wine storage barn, accessory storage building and shed (22.49 acres of which on 1.21 acres (reserve area) with development rights sold on 21.28 acres ) 2. Sherwood House Vineyard 1000-100-4-5.3: Single family dwelling, swimming pool & hot tub, and shed with "winery" in tasting shed and bathroom building on 2 acres and 36.3 vines 3. McCall Winery: 1000-109-1-40 .936 acres winery in barn, on 1000-116-1-2.2 & 3.4 48.47 acres and 35.8 acres development rights sold and 109-1-38 1.84 acres for new winery 4. Bedell Cellars: 1000-97-1-25.1(Winery including residence, office, equipment storage, case storage and open space seating)1000-85-2-10.2 Development rights sold 5. Catapano Farms (to follow) Very tr--ul ours, atricia C. Moore PCM/bp encls. TOWN SOUTHOLD PLANNINI:) OARD �� SITE PLAN A.PPLICA �' SECTION A: Site Plan Name and Location E C • _,._. Application Date: 08 / 10 / 2006 Site Plan Name: _ =- __ • •• ' Soerno�f�icon Suffolk County Tax Map#1000- 100 - 4 - 3.1 Ptanain 8oald ' Other SCTM#s: 1000-100-4-3.2 (vineyard) '"7'�•'W`" T�'~-- r��� �� Street Address: 2000 Oregon Road Hamlet: Mattituck Distance to nearest intersection: 1,162.35' east of Mill Lane Type of Site Plan: x New Amended Residential If Amended,last approval date:' / / SECTION B• Owners/Agent Contact Information Please list name, mailing address, and phone number or the people below: Property Owner Shinn Vineyard, LLC Street 2000. 0regon Road City Mattituck State NY Zip 11952 Home Telephone 631-298-0216 Other Applicant Barbara Shinn, as sole member of LLC Street 2000 Oregon Road C State NY Zip 11952 Home Telephone 631-298-0216 Other Applicant's Agent or Representative: Contact Person(s)* Deborah Doty, Esq. Street 670 West Creek Avenue, PO Box 1181 City Cutchogue State NY Zip 11935 Office Telephone 631-734-6648 Other 631-734-7702(FAX) *Unless otherwise requested, correspondence will be sent only to the contact person noted here. Page 1 of 2 10/05/05 •�i SEICTION C: Site Data VJ Proposed construction type: New x Modification of Existing Structure x Agricultural Change of use x Property total acreage or square footage: 53,078 ac./sq. ft. Site Plan build-out acreage or square footage:53+0001: ac./sq. ft. Is there an existing or proposed Sale of Development Rights on the property? Yes x No If yes, explain: Develommt rights to #1000-100-4-3 2 (vineyard) sold to Town Property Zoning District(s): AC 0 o Building Department Notice of Disapproval Date: 05 /04 /2006 3 Is an application to the Southold Town Zoning Board of Appeals required? Yes No x 0 4' If yes,have you submitted an application to the ZBA? Yes No If yes, attach a copy of the application packet. rg oShow all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building,indicate square footage of floor area per use. Single family with approved special exception for $&B, and frame List all existing property uses: barn,* shed, frame building, & accessory storage building Single family dwelling with B&B, winery with wine tasting roam, wine List all proposed property uses:making xoom & bathroom, wine storage barn, accessory storage mrMigr am MW Other accessory uses: See above Existing lot coverage: 16.6 % proposed lot coverage: 16.6 Gross floor area of existing stmeture(s):8,786.4* sq. ft. Gross floor area of proposed structure(s): 8,786.4* * includes floor area of addition to dwelling which is under constru icon `— Parking Space Data: For Wine Tasting, Making & Storage only #of existing spaces: n/a #of proposed spaces: 12 Loading Berth:Yes No x Landscaping Details: Landscaping to remain; see photographs for details Existing landscape coverage: n/a % Proposed landscape coverage: n'/a % Waterfront Data: Is this property within 500"of a wetland area? Yes No x If yes explain: I,the undersigned,certify that all the above information is true. Signature of Prep arers Date: 08/10/2006 Page f 2 10/05/05 - I 1TQ'USp1gS1(,4ED.PUASUAMTO SOUTHOLD TONN COD$SBMO,'I 1AA1M1�7n54�M�A..�FO DTI r8TIi TRWOL�Ui10N FAPPROYALDATrD 12/12.r_24.LC1 Al.nccEPrED.(sBE coxom�� - "'�.ti�.. PIEASErp2aNAhO � DA � • AIIi E AUTHORIZGO 0§i A mONEWxE2YAY - b - APPROVED BY TOWNOF JQNDiGBOARD •¢ a - - �{pxpg114Sfiimvl_!— ° 19•P., ,B Sl HILE DATB .-_UNEh•SIGN zr.9 �, r.FP" ^!' :F•,� t`' i� ' �"G�t - ntnHORIZED evelapment plan sball be valid for C ��yn� STONE 0t1NL2WY- . period o (3)Yeats ®kL4c, �L�^r on 100-255. •g b - n E^Z{ �",�f! • `• 24`�4.5 .Y'�.it� 6P� W b GY 7 _X .,�„ ,dt� di• EY[!�tj " 1� , (n)oaslnx:P,wl(unsvx,Fs. stouEmxtwnr atP, d ,b ,�, e a (5 'o +fi$c"fit g 9.0 o.r.lvErcN p FENCE b ` I--- EXICT— --—_-- sgDlp ° aT E)USnNo -• - ^---- rwmw IXISIING ' /rxistecs MITI UIIUTYPOEBl 4 xCWAGfbGIYWI DECK cat �4y 1•P ��miCtux� ° -STONEWICUIQ[iC •�11' pp "(u` `� tYW cxl Rtx �'^� PAIN n/SL�/OL I :Wyl a 4� •;'' J �tl •;Y.�r �Y•' • vE�: ,r' a» 1 �i, �'Ii1 w Qft smvavro 1� � fi: zJ" 5it�+ it f J ry" J U'!u. LU t! cc O J •✓ :, i�pl CSL � - E%6IPIa y'. WIMtE �' *•.+'1}} y WESL'IL 01 •t •COCli'-'fEPM 6ClMY9l '�Y sFNEAtN y MUM —W '}.r j 1y�ry yty' xvn:mis�J — �~ .'+. � .it,� •F'1 °��;1b1�'::>�t iy �e➢E•�ltl .� �. L E a. - rJ r'�E�n• � i�ruu gL,'jva � laE(r YA PAIN ° g° ���_ • 19-0'!' G'S SIONEWWWAY ,DER G+ '• _��,, ^ _ • Wmlam Bk*ft PROPOSED SITE PLAN(PARCEL#2) �f\ Bn�ey/�Architect N T S MAY 11,2010 _ 81 Walker Stael NOTES' New York Cay New Yak 1 ACCESS AREA SKILL MAINTAIN FREE 8 CLEAR ACCESS, MAY 1 8 2i110 A I_ �t 10013 1 212 941 1390 2. THE PLANNING BOARD GRANTS.THIS SITE PLAN FOR A I' j 1.212.941,9m REMLME-TASTING FACILITY ONLY BUSESARE �J'�voJ9 matltawbareluloctoom PROHIBITED FROM ENTERING THE SITE r OFNE`N I Southold Town I 3ry671�/6wp�111/jrafS/a.VYbFG/N(f4Jlryy _._.___ ''Iai,RInEEOef� MAHMG ADDRESS: ]BOAlE1D MEMkcF.li$ Rk P.O.Box 1179 MARTIN H.SIDOR Southold,NY 11971 Chair OFFICE LOCATdON: WILJ,TAM J.CREIVlERS Town]Hail Annex KENNETH L.EDWARDS DONALD J. WILCENSKI b4S?b State Route 26 fJ (cor.Main Rd.&YoungsAve.) JOSEPH L.TOWNSEND z Southold,NY Telephone;631765-1938 Fax:631 766.3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Q D� June 15, 2010 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Approval: Proposed Site Plan for Shinn Vineyard Located at 2000 Oregon Road, on the s/s/o Oregon Road, 1,162.35'e%o Mill Lane, in Mattituck SCTM#1000-100-4-3.1 Zoning District: A-C Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, June 14, 2010, adopted the following.resolutions: WHEREAS, this proposed site plan is for the as-built construction of four (4) buildings including a 1,646 sq. ft. wine making and wine tasting building with 336.3 sq. ft. of deck, a 2,730 sq. ft. wine storage barn,-an 884.1 sq. ft. accessory storage building and a 206.1 sq. ft. frame shed on a 979,664 sq. ft. (22.49 acres) parcel whereas,the development area is 53,078 sq.ft. (1.21 acres) in the Agricultural Conservation District located on the s/s/o Oregon Road, 1,162.35' e%o Mill Lane in Mattituck, SCTM#1000-100-4-3.1; and WHEREAS, an application for a site plan was submitted on August 11, 2006, including the site plan prepared by William Bartow Bialosky, R.A., dated December 15, 2005; and WHEREAS, on August 21, 2006, the Southold Town Planning Board accepted the application for review; and WHEREAS, on August 22, 2006, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to agencies having jurisdiction for their comments, and the following agencies responded:Town Engineer, Architectural Review Committee, LWRP Coordinator; Land Preservation Committee, NCRS, Mattituck Fire Commissioners; and Shinn Pa-ge Two June 15, 2010 WHEREAS, the comments from those agencies referenced above were received and accepted by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board; and WHEREAS, on August 22, 2006, the Planning Board referred the application to the Suffolk County Planning Commission; and WHEREAS, on September 12, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, determined that the proposed action was a Type II Action and not subject to review; and WHEREAS, on September 18, 2006, the Suffolk County Planning Commission commented that the proposed action was a matter of local jurisdiction; and WHEREAS, on January 12, 2010, the Southold Town Planning Board referred the application to the Southold Town Land Preservation Committee for review and comments on whether parking would be allowed on the easement area in connection with special events; and WHEREAS, on March 10, 2010, the Southold Town Land Preservation Committee responded that the recorded easement does not permit special events such as weddings, parties and catered affairs with tents and/or associated parking on the easement area; and WHEREAS, the Southold Town Planning Board determined that due to the small size of the site, and the inability of the applicant to use the surrounding preserved land for overflow parking for events, that overflow parking was not feasible on this site plan as it has been on other winery site plans. Instead, the applicant was instructed to add a note to the site plan as follows: "The Planning Board grants this site plan for a retail wine tasting facility only. Buses are prohibited from entering the site"to indicate that the Planning Board did not review or provide for any parking at this site other than that required by the Parking Schedule in the Town Code for retail businesses; and WHEREAS, on April 12, 2010, a public hearing was held and then closed; therefore, be it RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and determined that the action is consistent as outlined in the memo prepared by the LWRP Coordinator; and be it further RESOLVED, that the Southold Town Planning Board grants approval to the site plan entitled "Proposed Site Plan Parcel#2", prepared by William Bartow Bialosky, R.A., dated December 16, 2005 and last revised on May 11, 2010, and authorizes the Chairman to endorse the site plan. Shinn Page Three June 15, 2010 Please also note the following requirements in the Southold Town Code relating to site plans: 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. Approved site plans are valid for three years from the date of approval within which time all proposed work must be completed, unless the Planning Board grants an extension. 4. Any changes from the approved site plan shall require Planning Board approval. Prior to the issuance of a Certificate of Occupancy, the Planning Board or its representative must inspect the site to ensure it is in conformity with the approved site plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the approved site plan,,no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. A copy of the approved site plan is enclosed for your records. One copy will also be sent to the Building Department and the Town Engineer. If you have any questions regarding the above, please contact this office. Very truly yours, William J. C ers Co ice Chairman Encl. cc: Building Dept Town Engineer TOWN OF SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION SECTION A: Site Plan Name and Location Site Plan Name: nhPV-yy z Ooj Hcx jse Ut neyayds Application Date: Suffolk County Tax Map#1000- 1 CIO -�_- 5• 3 Other SCTM#s:Street Address: Z(c M 1)p*gor) Por,3 Hamlet: Distance to nearest intersection: Type of Site Plan: _)�__New Amended Residential (Aqra&ktAca) If Amended,last approval date: SECTION B: Owners/Agent Contact Information Please list name, mailing address, and hone number or the people below: Property Owner e-ko,f tes t (3G,-fba y-a 5m."f n Street ,-.Z(o oo 0i-eG 6 n 2 oct cl A. Ci 1 5 931 ty M&11 4z,,r 1 Zip 1� S 2_ State Home Telephone Other Applicant V(h r yo.,8s Street a,toco b"o n \Zc�-_�CN city. MWJ"l-{zW,k- State P-1 Zip 11 q S2- 3w. 6a4a ire Home Telephone -7Y2 Other Applicant's Agent or Representative: cc � Contact Persons}* �&)(- G(C�, - O Irr Gamer Street S1020 l_'10 r h Q(:)G 4 City -,S c9-t,C 1A b /, State NIV Zip i 11 7j Office Telephone & 3-j b Other *Unless otherwise requested,correspondence will be sent only to the contact person noted here. Page 2 of 3 SECTION C: Site Data s b�.�tc�cx3r -�TxS-}t/yiq �G bY1rl � Proposed construction type: X New Modification of Existing Structure Agricultural Change of use , Property total acreage or square footage: 3(o• 3 ac./sq.ft. L e «nsPdt Tu rm •t- .2= 38�— . Site Plan build-out acreage or square footage: Y7f 119 a sq. OUV ea f&-y" � Is there an existing or proposed Sale of Development Rights on the property? Yes X No (� If yes,explain: On ,r ►%4 j,rx w. �e as�v C' _cy Property Zoning District(s): Building Department Notice of Disapproval Date: Is an application to the Southold Town Zoning Board of Appeals required? Yes No 'C If yes,have you submitted an application to the ZBA? Yes No If yes,attach a copy of the application packet. Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. List all existing property uses: t1g(-vkAy n Vi or-yc,-yd (St rin0 We hu TClb (rG1 oraira) EN(S[ re stdr/we (oc4_r-e) _ List all proposed pitperty uses: Uv h�'�es-1 cnlc Other accessory uses: Q�SExisting lot coverage: oz /o% Proposed lot coverage: ° Gross floor area of existing structure(s): � sq. ft. Gross floor area of proposed structure(s): Parking Space Data: q t,(/A #of existing spaces: #of proposed spaces: ! Loading Berth:Yes No Landscaping Details: Existing landscape coverage: qd % Proposed landscape coverage: 90 % Waterfront Data: Is this property within 500' of a wetland area? Yes No %4 If yes explain: I,the undersigned,certify that ove information is true. Signature of Preparer: Date: Page 3 of 3 APR-15-2011 01:20A FROM:SMITHEN 2128286669 TO:16317654643 P.1 uRr 1411 n 1 112M MOORE Lf"--FM ff A1�317634643 P.0011001 WO.Chines Smithon and Barbara SmatbM own=of the proporty at SC IM l oo0-100-4-s.a knowh as Sherwood HOM Vineyard,2600 Oregon road,Mattii mk NY,hereby mthorize Patricia C.Moore try act gs our agat and to bundle aU neoessm work involved in the site plan application process with the Sou*old Planning Board,and any other neccssW agencics on our behalf. Dated: / ( " 9 s►�i Cbarles Smithey Barbara Smithere Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits*including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency.*Except mirror exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3- If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions.If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places:online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION APR 1 SCTM# 1000-100-4-5.4 AGENT: Patricia C. Moore Esq.,51020 Main Road,Soutold NY 11971 The Application has been submitted to(check appropriate response): Town Board❑ Planning Dept.X Building Dept. ❑ Board of Trustees ❑ Zoning Board of Appeals 1 Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation,land transaction) ❑ (b) Financial assistance(e.g.grant,loan, subsidy) ❑ (c) Permit,approval,license,certification: ❑ Type: _ Town of Southold LWRP Consistency Assessment Form l Nature and extent of action: existing vnyard and outdoor wine tasting relocated and apj�roval of site plan for outdoor venue Location of action: 2600 Oregon Road,Mattituck Site acreage: tasting area-nondevelopment rights area 2 acres Present land use: ,existing residence.existing winery and existing tasting area Present zoning classification:Agriculture 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shall be provided: (a)Name of applicant: Sherwood House Vineyard (b)Mailing address: c/o Charles and Barbara Smithen 2600 Oregon Road, Mattituck NY 11952 (c)Telephone number: (631)288-2157 (d)Application number;if'any: _. Will the action be directly undertaken,require funding,or approval by a state or federal' agency? Yes ❑ No X If•yes,which state or federal agency:_ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies;Page 2 for evaluation criteria. Yes X No❑ Not Applicable Discussion(if appropriate): Vinyard(Farm Winery and wine tasting enhances the community character Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes❑ No❑ Not Applicable X Discussion (if appropriate): Policy 3. Enhance visual quality and protect scenic resources throughout the'Town of Southold. See LWRP Section 111-Policies Pages 6 through 7 for evaluation criteria Town of Southold LWRP Consistency Assessment Form 2 v Yes X No❑ Not Applicable❑ Discussion(if appropriate): Maintain agricultural uses on agricultural property preserves scenic vistas NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes❑ No ❑ Not Applicable X Discussion(if appropriate):_ Policy S. Protect and improve water quality and supply in the Town of Southold See LWRP Section Ill-Policies Pages 16 through 21 for evaluation criteria Yes No ❑ Not Applicable X' Discussion(if appropriate): Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies;Pages 22 through 32 for evaluation criteria. Yes No U Not Applicable X Discussion(if appropriate): Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes No ❑ Not Applicable X Discussion(if appropriate): Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III Policies;Pages 34 through 38 for evaluation criteria. Yes❑ No ❑ Not Applicable X Discussion(if appropriate) Town of Southold LWRP 3 Consistency Assessment Form (OV PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See"LWRP Section III-Policies;Pages 38 through 46 for evaluation criteria. Yes❑ No❑ Not Applicable X Discussion(if appropriate): WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section Ill-Policies;Pages 47 through 56 for evaluation criteria. Yes❑ No ❑ Not Applicable X Discussion(if appropriate): Policy I L Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies,Pages 57 through 62 for evaluation criteria. Yes❑ No❑ Not Applicable X Discussion(if appropriate): Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill- Tolicies;Pages 62 through 65 for evaluation criteria. Yes X No❑ Not Applicable Discussion(if appropriate): Existing use is a farm winery.vineyard and tasting is a customary accessory use Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill-Policies;Pages 65 through 68 for evaluation criteria. Yes No❑ Not Applicable X Discussion(if appropriate)_ *copy of Town form created on'2/11/06 Town of Southold LWRP Consistency Assessment Fonn 4 I 0 I TELEPHONE POLE EVERGREEN-MAX.SPACINGS' ~ 41'-0"' /—'�IST.TEL THIGH. r L BUFFER OF MATURE SHADE TREES, _ C? DOSEBUSHES. --.._. .._.._..—..—..—..—..—..—.._..—..—..—..—..—.._..—.._..—..—..—..—..—.._.. __..—..—.._._..—.._ N 590 44' 00" E 1 130111 (1)8'X 8 CONC.DRYWELL DRAINAGE n E c E 1 STRUCTURE W/TRAFFIC BEARING RINGS W/ N IIInl11 EXIST.BEECH— u'�,• STL GRATE COVER OCT 2 9 7'1I'! JA ' I per owner TREE ,_ „� SoatholdTawn �o I NEW DRIVE&PARKING 4,453 SF 1 22 2. _ ` Piarminc Board ' u 6'RCA SUBGRADE Wl 1.5'TOPCOAT OF 314' ' CRUSHED STONE. I PEST-H, --- -----LINE OF SPARKING AREA-1.368af.PROIVDE SIGN'PARKING', p ATCEN OF HEDGEROW INDICATING USE X cq F>TCH'5BASTN,1 H RO4714 N m Wl - __ER . '� ------- ---; FIXT.TYP,EJ.-02- OMPLIANT,I.,ED. 130'-0" co :"32'•0"' v1�' - c POSTL(Gri,T,�a•UND EE {SNOPY- '3 ACH ------ ----i SIDE 0�'PARKING.SEE VATIQN 41-DWG. 162'-0°' i CO o fO z f 0 A 1a COOL-IccaUDn per o merADA SPACE&WALK-IMPERVIOUS i ' ' ''' ---- - ----; t 285 SF EXIST. TPATH 180 SF- FIXT.TYPE L-03-DARK-SKY COMPLIANT -' - 187- 112' L.ED.PATH LIGHTS. 0 _- ` IST.WD.D K 0:. 140 SF 6'-0"FENCE AROUND DUMPSTER ON 6'CONC.PAD 6-0'X 10''I PRC OSED PAVED W 3 "' WELL 2SD• TOTAL PaoPo; PATIO-BR { . HEDGE TO SCREEN BATH 0111 AVER' SF SLOP 0 I I P/RKINr. IELD. PROPOSED ADA COMPLIANT RESTROOM.SEE EXIST. 'POOL DETS.2&3-DWG.A-1 32-3" EXIST.THE ' 1ST. I � ED MAX TENTSI RELOCAT �= ����"'�,CF TERRY TREE SHED �QO,�j-•_--_---___ 86-01 �" o� PQSED DE -6" ' y 30-oT 1 i I M' Ih�i`( VVV✓✓✓ TOWN OF SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION SECTION A: Site Plan Name and Location Site Plan Name: men a i i"ra rm _ winery Application Date: �_/_A 2 0 i 0 Suffolk County Tax Map#1000-- 1 ng - 1 _-40 OtherSCTM#s: 1000-109-1-38, 1000-116-1-2.2, 1000-116-1-3.4 Street Address: 22600 Main Rd. Hamlet: Cutchogue Distance to nearest intersection: 1283 Ft. to Wagon Wheel Lane Type of Site Plan: X New Amended Residential If Amended,last approval date: SECTION B: Owners/Agent Contact Information Please list name, mailing address, and phom number or the people below: Property Owner Walker McCall LLC Street P.O. Box 271 City Cutchogue State NY Zip 1193-9 Home Telephone Other 404-274-2809 Applicant Russell McCall Street 10230 New Suffolk Ave. City Cutchogue State NY Zip 11935 Home Telephone Other 404-274-2809 Applicant's Agent or Representative: Samuels & Steelman Architects Contact Person(s)* Nancy Steelman Street 25235 Main Rd. City Cutchogue Sta#e NY Zip 11935 Office Telephone 734-6405 Other *Unless otherwise requested,correspondence will be sent only to the contact person noted here. Page 2 of 3 SECTION C: Site Data Proposed construction type: New _,r Modification of Existing Structure Agricultural Change of use x Property total acreage or square footage: a 7_n 3 ac./sq.ft. Site Plait build-out acreage or square footage:_,93_6 ac./sq.ft. Is there an existing or proposed Sale of Development Rights on the property? Yes No x If yes, explain: Property ZoningDistrict(s): AC - Agricultural Conservation Building Department Notice of Disapproval Date: 12 / 30/09 Is an application to the Southold Town Zoning Board of Appeals required? Yes No x If yes,have you submitted an application to the ZBA? Yes No If yes,attach a copy of the application packet. Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building,indicate square footage of floor area per use. List all existing property uses: Vineyard, Agricultural Barn List all proposed property uses: Vineyard, winery Other accessory uses: Horse Stalls and paddock; wind generator Existing lot coverage: 0.065 % Proposed lot coverage: 0.065 % Gross floor area of existing structure(s): 2 4 8 0 sq. ft. Gross floor area of proposed structure(s): 2480 Parking Space Data: #of existing spaces: 0 #of proposed spaces: 9 Loading Berth:Yes No x Landscaping Details: Existing landscape coverage: 99.93 % Proposed landscape coverage: 99. 92 % Waterfront Data: Is this property within 500' of a wetland area? Yes No x If yes explain: I,the undersigned,ceryth, all t 'nfion is true. Signature of Preparer: Date: Page 3 of 3 v r APPLICANT ll � 40 TRANSACTIONAL DISCLOSURE FORM iV (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOURNAME: Nancy Steelman (Last name,first name,middle initial,unles�dte'applying iti the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance Special Exception If"Other", _ a name the activity: Site Plan Approval s Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally,(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest, "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: _ Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted thK- /5 day o Signature: Print N Na Steelman n - Rewelons-�nsno SITE DATA Hate.°I°°� `to cross stree2t Rovlslons-510AO 1 I Location or Yioll PARKING CALCULATIONS: SCTM# 1000-109-1-40-.936 ACRE (---,---RIGHTS INTACT) 1000-116-1-2.2-48.47 ACRES(DEVELOPMENT RIGHTS SOLD) ` phary WINERY ieoa SFt290sF/SPACE 95PACES 1 000-116-1-3.4-35.8 ACRES (DEVELOPMENT RIGHTS SOLD) TOTAL'PARIONG SPACES REQOIRFD•-98PACE8 — 1000-109-1-35- 1.84ACRES (DEVELOPMENT RIGHTS INTACT) iO�O�O> TOTAL PARHING PROVIDED 95PACES W11 H C Cor - PROPERTY: 22600 MAIN ROAD oo&eye ADDRESS CUTCHOGUE,NEW YORK,11935 A� OWNER: PO BOX 27ALKERM1 CALL,LLC. roc son°5f F o415 CUTCHOGUE,NY 11935 S. a, 0(00�'yr SITE: 87.046ACRES ? \ caF�`, VINEYARD 20.7 ACRES v a� Coco ZONING: AC ?°h�o LOT COVERAGE: O ALLOWABLE:.20% v EXISTING:0.065% U \ SURVEYOR: JOHN EHLERS \\ 6 EAST MAIN STREET W U. RIVERHEAD,NY 11901 LICENSE# 50202 7= / • � o'� DATED MAY 3,2009 rj� AF YOUNG&YOUNG,LAND SURVEYORS / e F/Ooze 400 OSTRANDER AVENUE Q ylP RIVERHEAD,NY 11901 Z pan "3 a�of�1e�, LOCATION MAP a V0 Land now or Formers \ Z / Bertis Pace -� SCTM#10D0.118.1-22 / . SITE a6k \ DEVELOPMENT RIGHTS OWNED BY SUFFOLK COUNTY �- I ,Land now or Formerly 484TACRES 1'� � Peconic Land Trust � 110� -- ` - T L ✓ -- 22600 MAIN ROAD,CUTCHOGUE,NY l • ` uru�A^ta mrO�� 1 FENCE Emmo PADDOCKS I II I �`STRT\P SCM#1000110..3 IIf DLOPMENIGHT(EW LYOI 5EOF0E%�,-''II' -/-- I (JA Q�•'@ 0'�•U d YE L I 5TARY W-I• J a E t0� COUNTY 1 W•$ 51 4$ • �T}d� 35.O ACRES - - �'� / WIND yam` �+ -•'s't9� _�- OENERATO - - �f Bl• " �- —L_—_—-- °""" • PROJECT Q F g • pxLg DEVEI.q f IGHTS I TACT _ \ g� to(q 9 APPROVED BY PLANNING BOARD e , TOWN OF SOUTHOLD t�pF NEH Yp ro0 Tau 'ap DATE MAR 14 2011 6.P4y�Erk1 U 1 OF 6 KEY PLAN - P °0914 SCALE:NOT TO SCALE DRA N BY. •\ LIAR 1 2 2U11 Ns,ur --'S.sAsE CHECKED BY: NS DATE: JAN.15,2010 SCALE._ . NOT TO SCALE • SHEET TITLE: 4 SCTM#7000-109.1JB \ SITE PLAN DEVELOPMENT RIGHTS INTACT • -1e4AeREs • I s taa ss it� SHEET NO.. SP Suffolk County Dept of Health Services L_ Town of Southold Site Plan Approval II is R9VislOre-9 25 IO / 2Q,\ 1�j TOE / 6 Exterior Lighten R9YIBIo(fB-5 /10 \ � / I LOGOLIOn O II RR��vSlons-9 I \ 2 .2 d abandoment _�-.m.. _.--. __..__.�-_ --•�'1--�_��. �__� _`�_� --___--._-__"-._-_'—____._.._______.—_vim_'-'----- ------�-- — - - ----�-"'--'------- ._--.._ - �. 9:Roa \_ "_--- - -�\----- -'----- / 4 Inc®to well \ \ / E"STl , SCTM 1000-116-1-2 2 I , �� O Z DEVELOPMENT RIGHTS I \y \ _ap OWNED BY SUFFOLK 1-\ i � COUNT' I � \ / t W 48 47 ACRES ! I ` \ // \ m O_ Lp � F LP I \ --- W t I Z'W W I I / LAND NOW OR FORMERLY / Z Q PEC ONIC LAND TRUST 1 \ Shrubs'Hy&mgae,5 WOODED AREA gal,Azaleas,5 gal. F LINE OF EASTINS A6 PER s ATE p I y I w pIEmE ngB \ Nolllee,48•hk YEWaY D.O.T. �7 Holly Bushes Founnlals. ,Vlnca t 1 4 ft ht ParrenlalZe, \\ 1 SCedar trees Fi xi\ PAN b AT S7�r �4"W — FiRA -—— - zFuwva ' eRrres. —— — — vedA� N \ 85'-O" B° IVVRI6HT of WAY —— �����/ 18'F BASIN \ I 6'H FENCE \ N13'32Ww. 3'32'2� �° \\ I y y P _ _ - ------------�� A \ r ------ ..6° / EXIS�t 5 516N STINS LITY LAWN AREA Tjp1 \ _-_ MILE � Y OVERFLOW PARKINS/ _--- -------- - -- _ ' /UFND�ER6ROUND L G �25 nN6 \ , pVEp T ---- O[_'�v' IRe ATI MOVED APPaRATus ,!-Po:---{9To�_ I's / REMAINO 1\ �B/ N Q• •� ------------- uNDe:CRouND ROAD ,? -- - I � MITE EX55TRIC LINE FROM SCTM 1000-109-1-40 __�' POPLARS I u WIND 60CRATOR ' oY' I W J• qTINb pg DEV OPMENT RIGHTS TES E k pLµ ry/ ——J l \ �! O \ INTACT �� 1 ' .ALP, E7g5 �lty/ `/ ` +936 ACRES EL+22 S. ° t -- — �� k• \ =w 8 EXISTI DIRT ROAD anises. 'IRZE ✓ ——— — UNDERSROUN12 WA LI NEW 0 1NE­6F-BE4EtOPI-fENT-R16HT5-SOLwv 5E IG S LINE OP DEVE.OFMEHT R SOLD \ rn O)• D EVELOPEH OWNED BYM SUFFONTRIG LKTS EXIST. (I)1,200 GAL G TANK(ST) / COUNTY TREE XI IST) SEST.IGATION 35 80 ACRES \ p.PD\� B F D IA 4 FT LD x RRI / \ �H TRAP(6T) / B F.VIA,x 6 FT.Hr. \ ytp'c40�ST ARATUS AGO N e F CIA x F HT MX1) EXISTINS DIRT FARM ROAD `yyN ROAD AROUND-LAWN •1\ SIGN TO BE #- f TOP OF S'Tw RELOCATED \ \� TOP OF 12'THK + O ar NOTE, \ \ SUESASE VKIVE�T TV VINEYARD I RT 25 TOONED. S PRO! NO. \ I BHOWN SHADED. L \� 0914 \ DRAMBY. .\2 NS,In CHECKED BY. \ QU NS DATE: NOV5 P2 ,a ALE:1' ER 16,2010 \25 SCALE: -20'-0" g MAR 12 2ntt SHEETTRLE. \ SITE PLAN / APPROVED BY < e�pyr,yo., sau ae Qi1ao'�ro�.sounm mQ auasammau o SITE SCALE: V=10'"On PLANNING BOARD PLAN :1J TOWN OF SOUTHOID SUFFOLK COUNTY DEPARTMENTLO€HEALTHI SER CE L DATE MAR 1 4 2011 APPROVAL:7116110 SHEET NOz REFERENCE#C10-10-0001 �, DESIGN FLOW:329 gpd �wxoVBDDY USE:WINE TASTING AND STORAGE �'�ai. 9 D �a�� , - ��,. a. NpTg,•�,pp,av�saaB�°1Bv�apl.a�.ebe�06+b� NY STATE DOT S P-2 epulad eitb[a(3) &oatl,edzla°Pglpevd npc SUFFOLK COUNTY DEPARTMENT OF HEALTH I code °°100755 TOWN OF SOUTHOLD SITE PLAN APPROVAL RoVlslons-2/23/10 �I EL 203 1 EffectNe depth at 5 GALLEONS PER 2V TEST HOLE BY MARK MCDONALD LF GRADE 200 FT 2.Ga1au1atlon of leach NUTS WELL YIELD GE IE+193 IE.181I 'MIN.2'MAX NO SCALE 50UTHOLD,NEW YORK 11871 Ng aroa I/q'/F7 MIN TE8T HOLE DATA 12/17/09 EL+ 3 ripe type 225 RvA I.na-5/I6/10 1/8•/fT.MIN. TOP OF POOL I.Note TAMPER RESISTANT S DE 2DD p M11L �+` SEPTIC LEAr-RING n 9 Pr 2 FT Bow SILT SANG SM �rse��Ions-snonO -- - - -- - --'---- -- r- - --- Z-- - -E TIHT----- -_ ---- " -- • 2'MAX. E.NT.TI _POOL- - I.WeNWATER BOT OP POOL VENTILATED I/q/FT MIN. Datans---- ----`--- - - '- o PALE BROWN FINE TO IF-+1821 MEDIUM SAND SP CASING GAP GREASE a tt MIN. m WATER 16.1 EL. GA' IF_+143 TRAP 6{ WATER IN PALE BROWN GRADE AWAY SOIL I E+18.82 E.N852 FINE TO MEDIUM SAND SP FROM WELL I z S z SEPTIC PROFILE FOR WINERY DIRECT BURIAL GABLE(UF) ( Q0 UNDERGROUND TO PUMP SANITARY CALCULATIONS PANEL INSIDE BUILDING O v • I � 1. ALLOWABLE IENSRY FU- _ TOTAL ACERAGE: 87.046 AC V -•,y I FLANGE / ACERAGE: 84.27 AC(DEVELOPMENT RIGHTS SOLD) LL •'I•y O O ACERAGE: 2.776 AC HYDROGEOLOG CAL O(NEEZONE IVNT RIGHTS INTACT-NON PLANTED) W U. PITLE55 >; WATER SUPPLY:PRIVATE WELL _Z UNIT ':,{ I / ALLOWABLE DENSITY:2.776 Acres x 300 GPD.-832.8 GPI. LLI "Tr.: I II SANITARYDENSITY CALCULATION `•, q" DIA PIPE(ASTM RATED I60 NEW WINERY ~ J j I PSI)NSF APPROVED FOR mart cc F- '••. 1.TASTING ROOM(5 GPD/Occupant) POTABLE WATER USE 5 GPD X 48 OCCup pits o 240 GPD W a TO HYDROPNEUMATIG TANK(52 •(OCCUPANTS AS PER FLOOR PLAN SEE SHEET t/1) Z •�•/' 2' Z 2.STORAGE(0.04 GPOISF) GAL MIN) INSIDE OF BUILDING 0.04 GPD X782 SF=31.28 GPD MOTOR w-er "" TOTAL SITE DENSITY FLOW -27128GPD GABLE PROJECT NOT OVER DENSITY .,®I(SHLnae �" ` G ANITARY DESIGN z DENSITY HPVG °i�••` .;': 9a 7 IIL S SEWAGE DESIGN FLOW- OUTER(RATED OR 3 in 1.TASTINGD IS �1)7 5 GPDX 48 Occupants a 360 GPD Q to I60 PSI -'i�•; E th 2.STORAGE 0.04 GPD 7(782 SF)31.28 GPD � TOTAL SITE SEWAGE FLOW -381.28GPD PIEZ Y>' rPIEZ SURFACE I:,` I - SURFACE SANITARY SYSTEM REQUIREMENTS r j :s GREASE TRAP SEPTIC SYSTEM-391.28GPD w�„ I ;• SEPTIC SYSTEM 1.SEPTIC TANK(ST):391.28 GPD x 2 DAY FLOW a 783 GAL '1 i USE MINIMUM 1,200 GAL SEPTIC TANK(8 FT DIA x 4 FT LD) •'••� I :yy IL LGREASE TRAP(GT) 1� USE MINIMUM:IS FT DIA x 5 FT LD) GHEGK 3.LEACHING POOLS(LP):391.2311.5 S.FJGPD a 260.9 S.F. VALVE ; i� I r,y: / USE MINIMUM(2.LIFT.DIA.X 7 FT.HT.) EFFECTIVE DEPTH(2-8 FT.DIA.X 6.67 FT.HT.)a 333.35 S.F. 'rJi' I O O , PLUS SOTS EXPANSION 4• i (EXP):1-8 FT DIA x 7 FT HT 05 2• WASTE WATER PROCESSING-NONE NOTE• SUBMERSIBLE PUMP TO BE THERE WILL NOT BE ANY WINE PRODUCTION ON SITE EQUIPPED WITH A PRESSURE 5WITCH SUBMERSIBLE Y THAT 15 SET TO OPERATE AT 20 psi "• 'a MIN.WITH A 20 psi DIFFERENTIAL PUMP a; , DRAINAGE CALCULATIONS: W. ' WEE)- ROOF AREA OF NEW WINERY is W• r DRY WELL AREA X RAINFALL X RUNOFFFACTOR dt (DIM"A" 2480SF.X 2H2FT. X 1.0-413.3 CU.FT. Q F• °;;.; -•,d -- + USE:(f1J 8'DIAMETE�x 8'HIdH POOLS PACKER *1•} w er -��44 (1)8')L7�'STORM DRAIN RING=33i 8 CU.FT, N N 8'X 4•STORM DRAIN RING a 168.8 CU.FT. PROVIDED REQUIRED 506.7 CU.FT. > 413.3 CU.FT. O� PARKING � AREA F W H ATER DRY WELL AREA X RAINFALL X RUNOFF FACTOR of NE{y n > Q (DW)"B" 1,230 SF.X (2112 FT.) X 0.9-185 CU.FT. tiE io ' Y USE:(1)8 DIAMETER x V HIGH POOL ytPG�45rFF AQUI F R STRATUM '1 x (1)8'X 6'STORM DRAIN RING- 253 CU.FT. PROVIDED REQUIRED ,� � .k DRIVE - Y a B'-0° 253 CU.FT. > 185 CU.FT. SHOE € SEPTIC TANK-1200 GALLON or + 4'X 5" m N.T.S. SEPTIC SYSTEM WELLeeaero /�ae _.. R ND: 0914 SCREEN Awsm azoe APPROVED BY DRAWN BY. Ns,Ui STAINLESS LINE OF BUILDING �• _ PLANNING BOARD CHECKED BY:- m TOWN OF SOUTHOLD NS Dare ��.,-� DATE (qpg 14 Y01t JAN.1s,2010 RAW WATER TAP(NON TREADED) G.rr ® S��' NOT TO SCALE BALL(SHUT OFF VALVE) 15 t� s'MIN �I, STORAGE TYPICAL WELL DETAIL ®® b SHUTUTLE: (� GRADE TANK N.T.S a . 3 w.i. DETAILS HECK VALV'c � r�ryp- r `r//' '�I Y �01A awa¢t'+wiauwro ee WELL A - arnN sn�m,nw ewaa 8'DIA LL �pP SHEET NO.-. TYPICAL WELL SECTION N.T.S. Kiasu.w,.oe:,v_ro re SP-3 TYPICAL LEACHING POOL DETAIL Suffolk County Dept of Health Services Ts SEPTIC SYSTEM Town of Southold Site Plan Approval J Re lslona.=5/10 I. Number oP seals 2.Note, re.stalls and use ReWlbt ,3/16A0 I.Not..re.Use bo' 4' 26'-4' 91'-4• LLI z I / / E / / VON � 0 w j W LL Z TASTING ROOM j W Q / Z WINE STORAGE Q FAST7a2 SF O%,ERIN&NEAR G EXISTING ON TEGREV82 SLAB ON&WADE LI&Hi FIXTURE 3 (NO FLOOR ORNN5 C z OYMC-W : O '' S TO LET WOMEN_:S,TOILET �O / H G. .G. ? ® 1x sr - ro a s e� ...1112 EXI5TING EXISTING E:XI5TING EXISTING PLANTER a~' E XI5 STONE OUTDOOR OUTDOOR OUTDOOR OUTDOOR AN NrrSz STALL 5TALL STALL 5TALL 4 ALL STAUZ To REMAIN OPBt AND <EOF NEW YO USED FOR MISO. VINEYARD EMIP- 33 _`LYi MENi STORAGE env 017, 48-KaN WILL "CAW PKWE O: 0914 40' APPROVED BY JKAYWN UY: NS PLANNING BOARD NS FIRST FLOOR PLAN [DAT.E OWN Of SOUTll DATE: 15,2010 SCALE:1/4"m V-0" MAR 1 4 2011 SCALE:1I4"=1'-0" TASTING ROOM OGGUPANTS HEETTI LE: TABLES AND TASTING BAR AS SHOWN;STATE TE U ILDIN ifj�" /�� FIRST TABLES AND TASTING BAR AS PER NY STATE BUILDING CODE: ff n�/L F 15 SF(NET)PER PERSON. '124 SrArp= 45 OGGl1PANT5 FLOOR PLAN k1AR 1 2 2011 SHEET NO., 1 Suffolk County Dept of Health Services Town of Southold Site Plan Approval iu EJRsm&KNDOW .. E4571N6 WINDOW RBdOVE EXIST F>O5TINs ASBESTOS Mn•VEMT' SHIN&LE5 �- EXISTING ASBESTOS 12 SHINSI i ----J --- EMST1N6 Z EXISTING OVER HEM WOOD sIDM6 1 STALL 6EYOWJ - P ' - _ - .. - 1 6HT F oo O 5TALL8 ET'1o'O!ID • •' ,. '' - 6D¢'37b�VEC11 ,Ekl5't'IN6 � j ;�aK HALL Twoo'FIN. W —-------------—---------------------- --, LINE OP EXISTING CONCRETE 5LA8 i : • '. ' �. ', -' - - LU �a ..., ---------- ..-. R PLANTB �PL A T E STONE Z a NORTH ELEVATION SOUTH ELEVATION • SCALE:114"=P-0" SCALE:114"=1'-V O l � Z a uXX�i 15gq31��N6 C6yC^�` _ W I8n12.COFlN. .0 Z. e- W a• G EXl5TIN&Cosa, §x J 'R • ELOO g K - _ 4 wswe46mm, S t' AUK. �! v , `----�L.I-NE-OP EXISTING CONCRETE SLAB--------------- WEST ELEVATION SCALE:114"=V-0" Of NEw C Y ytP 1 V 9 4 p, 1 Cry E NO: 0914 Y: NS APPROVED 8Y BY: Ns PLANNING BOARD TOWN OF SOUTHOLD JAN.15,2010 Dare MAR 1 4 2011 114"=1'"0 TO " B SHEET TITLE, BUILDING • - � ./ ELEVATIONS exlsnN6 uAl1 12 2011 F�CISTIN6 STONE WOOD SI V IN& SHEET NO: PLANTER EAST ELEVATION SCALE:114"-1'-0" 2 Suffolk County Dept of Health Services Town of Southold Site Plan Approval 0� NOTES \\ \ a TESTBORINGLOCATION Project Location WORN POINT \ 22600 New York State Route —' ' -- 25,Cutchogue,NY 11935 I ) Protect Des cnpbon NEW CONSTRUCTION-WINERY ----=------------ --\- -- --------------- ---- --- - - Design Architect DFA 1 SHOULDER I New York,NY10001 I p 2126834890 1 e sarahtazmine@d-form-a com -- - - - - - 1 IN,www dd-a wm Structural Consultant SILMAN �\ \ � 3201d SOp,101h Floor New York,NY 10001 w www sllman com VINEYARDS a 2126207970 \ - -- \ e hughes@sllman com � 1 � NOW OR FORMERLY WALKER MCCALL,LLD - \-_---` �DIRECTION OF VINE ROWS U PO TIUTYLE MEP Consultant EKTENrDFmNEYARDs --- - - - �\ EMTEC \ - T1 3555 Veteran's Memorial Highway,Suite M - \ \ Ronkonkoma, A p 6319813990 � L\� hA- i °eLSc- Civil Engineering Consultant -- — YOUNG AND YOUNG \- - - \ asp \ ' IGN 400 Ostrander Avenue E _ - -- -- - i6 ---- 5 Riverhead,NY 11901 Ewsr Pasr \ Landscape 631727.2303 cape Consultant C^ -- lmelk 2 1 �SNPS � sT SIGN\ New John Street,Sude 2650 I re-1 ANew York,NY 10038 �\\` O \\ 9 e melk@mekZnyccom 'PoNOTES NOT FOR CONSTRUCTION L 1 i �%i %//i/////�j �� --�•\ \\\O \ DATE. �A 18 SEPTEMBER 2015 O//�jj/��;�// / �•.'I- °° ^//I Q �-- _-, T_-- vim, PROPOSED FUTURE \ °�^t I iAND .n GwNED O a I.\ EL -r I --AREA TOP OF SLOPE j// �7 •'��! TOE- SLOPE / / j/ �E n^° I �_ ENT OF BUIXING BELOW DEMOLISHED SHED i Vv J� - \ NEWHEDGE BERM 1 i WMFSTER5 \ OMIT OF DEVELOPABLE RIGHTS D1 ' I ( Q �ENCE LANDSCAPE STONE STAIRS(T3 D) I YR1 ELW-O' 111]J,1 CONLRETESLOPEDRETNNWG WALL 1 ` S6 CABLElRE1MS TO Shy- �yEL -4 S \ \ �B''� 06tvm13 PuwmlOe0um6uaui55nN A'A-SIDE EASEMENT - _----_ __ BIF _ CONCRETE -- SIDEWAt1( T SUGGESTED G J \ \ 1 DN CONCRETE SUGGESTED `\,•• --- O6PA N0 AREq OF R A \ \ I B DROP-OFFAREA i� 5' 1S-0 \ \ I \ a \ ARCHITECT \ Baldassano ARCHITECTURE 31 West Main Street-Suite 205 / DRIVEWAY a �-CRUSNEDSNELL �\ Patchogue,NY 11772 Tea a.1$ \\/ ^� ''�� p 631.830-0282 e.tomm@baldassano com vr www baldassanocorn Al McCALEWINERY O • �;^ —I °' Y� _ '�`';'j `'--'--'-I�--- U�a \" TTREE6 I j \\ 6 c roURTIEsrEx ENr CLIENT. POSSIBLE D To FuRT a` McCALLWINES 3�3 (lo SHEET TITLE: SITE DEVELOPMENT PLAN NOW DR FCIN Y PECOMC LAND TRUST WCORPORATED SCALE tli6'•1 BELT W rr��Qe(�(y� pp rr22 uuvn BY RMT III)6 6 LS V IY 6 D SZEP ED,T By SJF III11111 OCT 062015 /Q�eS�L.R eq�g9"yI xAwxoxo. TEST BORING L00ATIONs PROJECTPmviB[me (v fi= Tin NORTH /y A006 GATE TB-1 BSlmrzau SEE CEorECHNIou REPORT 01 S DEVELOPMENT PLAN T6] 0610—S SEE GEOTECHNILAL REPORT ` C B AENB TB] OLO]2015 SEE GEOTECNNICAL REPORT NOTES Project Locabon 22600 New York State Route 1 1 25,Cutchogue,NY 11935 1 Project Description NEW CONSTRUCTION-WINERY Design Architect DFA iOn 866 Avenue of the Americas,11ih floor New York,NY 10001 9° 212 683 4890 F�o P e sarahjaz-acorn form-a com w•www d-f-a com a o <oo Structural Consultant SJo w y SILMAN NewOld YSkp,Y1h001 1 ?°5 •�.r� ,. / ��'`/ <ord / hwww slma in comman com w \ oFo 0 no F MEP Consultant EMTEC g"r 361 Q&'r 3555 Veteran's Memorial Highway,Suite M Ronkonkoma,NY \ p 6319813990 Civil Engineering Consultant no, YOUNG 000stra de ND YOUNG Ostrander e Riverhead,NY 11901 p 631727 2303 I l e LOCATION MAP-�UI u Landscape Consultant /r I w Sae k erry \ lk 111 Jo \\ I hn Street, 2650 Neo New York,NY 10038038 M"0w p 212 5131025 e melk@melk-nyc com _a Id now o/ / FornerlyPao=� —\ a NOTES ` .Vi;iq . . •`_ � \\ �u Ir -— — \ �— TE NOT FOR CONSTRUCTION z f_Veil g0 \ SCTMa1000-TT6_1-zz a m.--- f/ - - - - DEVELOPMENT RIGHTS — DATE �*/ - = _ _ - - - `\ OWNEDCOUNTY FFOLK _ Lnnd now or Formerly { - _ 46A7 ACRES I ?coorlc Land t \ 22600 MAIN ROAD,CUTCHOGUE,NY 185EPTEMBER 2015 _ EXISTING \ 1ftm� FENCE L J _ . PADDOCKS SUN -3A j \ � G7 wELL DEVELOPMENTRIGHTI OWNED BYSUFFOLKCOUNTY J— C�— VINEYARD SAZyiAt?� ores i 35.8 ACRES `��_ xu'+3'= ' — SCTM#1000-109-1-40 IN _�- WIND l rr DEVELb1P�1 &IGHTS INTACT GENERATOR, 3 o �ma ARCHITECT. VINEYARD \ F\ Baklassano ARCHITECTURE 31 West Main Street-Suite 205 �t A> Patchogue, 11772 If E 11 P—LGk111 V P 631 8@ 028282 _ \1 a tomm baldassano com w www baldassano cram SCALE:NOT TO SCALE '66mz<n+'E _ _ —_ PROJECT McCALLWINERY CLIENT McCALLWINES t\ $ S� PROIECTSiIE SHEET TITLE scnxa10o0-�09-7Je REA A PLAN r7��Nr' DEVELOPMENT RIGHTS INTACT ( ib4ACRFS FJ WOFSIN ING \ 'IN O 70REMNNINSIOE / r- SCALE OEVEL MLE RIGNTS _ =� r+ss+• Nrs S+..S4+TE �Q WEci xO •S, SEAL&SIGNATURE `P r�I�p pp �1 vnxcer RMT n LS 1N L+ V 'I1I S'SREO q nafir SJo- IUft61 U O F�eR 'D OL1062�15 4 _ ao`c'� R^wTM m PROJECT 60P,mH NORTH F°an°com^ ^��� �'d"/�0 A005 Ot AREA PLAN n-•N vo PL-VNMNG BOARD!VIEMBE r�r �r� - �� Pf QS� ���' Town Hall,53095'Main Road RICHARD G.WARD AM& Chairman �)h�` �� P.O.Box 1179 Southold,New York 11971 GEORGE RIMME LATHAi14,JP a x Fax(516)765-3136 BENNETT ORLOWSM.JP- WI1ZIAAef J CREMERS ',` p �.,' Telephone(516)765-1938 f' x>✓NxETx L.EDWARr)s z-' Date Received Date Completes Filing Fee PLANNING BOARD OFFICE TOWN OF SOUTHOLD APPLICATION FOR CONSIDERATION OF A SITE PLAN New —Change of Use Re-use Extension Revision of Approved Site Plan Name of Business or site: L " I I Loc3rjon: E 22ZJ LI{j'nM Address: ( �-c L ,. Name of Applicant. lb 1 L i Address of Applicant: Telephone: y j4 _ Z5 5 7 Owner of Land: Agent or Person responsible for application: Address: Telephone: Site plans prepared by: Y��s License No.. 017953 Address c�� �- 1 �1-`� -3, Ci. 'JL��. Telephone: �1 Page 3 Planning Board Site Plan Application Total land Area of Site (acres or square feet) A-C, Zoning District Existing Use of Site�Exis c WILIrex. Proposed Use of Slte fyjn , Gross Floor Area of Existing Structure(s) Gross Floor Area of proposed Structure(s) Percent of lot CoveragO by Building(s) Percent of Lot for parking (where applicable) Percent of lot for landsdiping (where applicable) Has applicant been granted a variance and/or special exception by X. _Board of Appeals - Case#&date Board of TrusteeS - Case* &date NY State Department of Ehvlronmental Conservatlon-Case#&date !nG Suffolk County Departmft Health Services-Case #&date Case Number Name of Applicant Date of Decision Expiration Date Other tjo Will any toxic or hazardous materials, as defined by the Suffolk County Board of Health, be stored or handled at the site? If so, have proper permits been obtained? Name of issuing agency Number and date of permit NO ACTION('EXCAVATION OR CONSTRUMON)MAYBE UNDERTAKEN UN77L APPROVAL OF SITE PLAN RY PLANNING BOARD, VIOL477JRSARE SUd1ECT 7i7 PeOSECU77ON. Page 2 Mannino Board Site Plan Aoollcatlon APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK Q orW C- i�a1 c c i, being duly sworn, deposes and says that he resides at >-Do biclt 2vN�) in the State of New York, and that he Is the owner of the above property, or that he is the —atinp r of the (Title) (Specify whether P MerShlp cr Corp.) which is hereby making application; that there are no existing structures or Improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, Including all rights-of-Way, has been clearly established and Is shown on said Plan; that no part of the Plan Infringes upon any duly flied plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning 86ard for the filing of site Plans and will comply with same; that the plans submitted, as approved, will not he altered or changed In any manner without the approval of the Planning Board; and that the actual physical Improvements will be installed In strict accordance with the plans submitted. Signed (Ow Signed (Partner or Corporate officer and TRIM Sworn to me this -' 1day of 19 lNot ry Public) J StISA41 J,Wltill P tacy Public,$tara d MM No.M735 pWWW in Suffolk Coarty *=MW 0 a0ft May 26.f427 •,r '�- 1MIf 4 ly$7►^Text 12 r PROJECT 1.0.NUM9ER 617.21 SEAR Appendix C State Envirehmantal Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APP CANT/SPONSOR 2. PAOJI;CT NAME r <� 3. PROJECT LO ATION: 1 Municipality Bounty ,,� • 1. PRECISE LOCATION(Street addr And raid IntirAdatlons,prominent landmarks,etc.,at provide map► Rd S. IS PROPOSED ACTION: ❑New Exoanston ❑ModifIdAtlonfaiteratIon. 8. SCRIBE PROJEC BRIEFLY: , I} C l�r trtx� Jon ofrx-�e✓�� ��I flc��� �� x�fi rx �> -y�:.r3 1. AMOUNT OF LAND AFPECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH E1(ISTING-ZONING OR OTHER EXISTING LAND,USE RESTRICTIONS? Yes ❑No I1 No,descrlt)d briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? tr--ss �esldentlal' ❑Induatrlai ❑Corhm t1 relal Agriculture ❑ParklForastlOpen'spaes ❑Other Describe: 10. DOES ACTION INVOLVE A PeRMIt APPROVAL,OR PUNOING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY IF`eD£RAL, STATE OR LOCAL)? ,Yes ❑No If yes.Ilst ageney(s)and aermltfapprovals 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? aYas ❑No U yes,last at,)enCy nalnti and permlUippfoval 12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PEAMITIAPPROVAL REQUIRE MODIFICATION? ❑Yes I CERTIFY THAT THE IrN/FOITMA`MN PPIOVIOED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDOE AoPllcanffsponsor name: 0M� CK J EC0 6U_ Ds1te: b"7 Ci �- Signature: 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 t M ;i SITE DdTA 7.xa,9G • >` - • vevP.I�PMeI-IT RI Gp'"f� .90LD 1 SCTMO IMO-1- 102 )� 1.251100DAS2-1o31DDDA5-2- B�1E/h's {' ? 6oGa PF uiNeY^cp 7 3� _. ___ _• g PROPERTY 34225 MAIN ROAD iN TI�RNnL b-l1J14 iY�I..INE-J� rJ Z ADDRESS CUTCHOGUE,NY 11935 ;NOTE CELOGF(8) p OVINER. JOHN C S SUSAN BEDELL plzp+<rNlrl�no. a pea 1/I V.•,y` ```\a, N ��m CU C MAIN ROAD t;ti' 1 I Encrorvxc .roaW t\ ------ --- ?yuq, DEvrcLOPMENT FIGHT�TncT W yll CUTCHOGUE-NY 7as7 5 SaTr Na>MPuur+ \s 19D`I ''•' Z,_�Lecy 00 2' - ( 8)TJ/-T53T t Tel tl fi1 JpG SURVEYOR Rad,HM Va^TWI 1e `\1�� 11 a o4 \n' rum".o` ,� u' a t • 1 !J W Gnlenwt NY 11844 .2 'rRy -.'ad tlLB25628 Dated ll3Na6 (In0 'Z 4q^}_ @ei TrN4 n9 F'r 4 _ ro'�tvri _ _ _ s. I ��GPN'Nair�` S 4 •• }0 20NING AC } TiY i^IE[-L A -`�• bM sew ..t x P, z U$I SITE 4942 A 12152,7 R 1, oiaamgp I. T N^Pew E I I 3 J < O Q FI AREA vas 35 a^ < Z `M..I nd / �; ,,,11 I'_ N'n`aLwS`$ate! •" . I IL Yl ARIELADING Btlsl JqL lnl10213 as R x n -w.reTRr-oo` c 'ur 1' Reale nco 1.62a sf O J y,{±Jnf Y" 9•Abf �i 1:i W / 'I•A b Il ;OI �x&JBm.- 9�P ,Nry Atlaearpe Shad 1.4 ❑\ 111 .;t•'x= Pr=? Z s e w 's1 `r'; ' sa rr y .- `\ _ 'rI --^ Lre' �� ``\ i f I ,I f O VeNcle St"90 11055 sf �..1..1 y alfi. ?j ` ?.S tr bv^r `b %={'` -' �� ae.e \`•F t , L 0, r PF t< LwuN o - ew,TN4 - y e 8 LOT oae46 ecWell2a%max, , / t�ZO �l ee Liu.A�•}"' $';p�� U \ �_�.?_!` 8 ryQ i„}y COVE NAGE z O _____\ 1 NOTES Ell-L--ehmm era basedon H „J of •y`\>-.M ors r I FajT;G,...,l��Irl a eWG'Y'p • • T..T LEa .�N Z l Counly n P en ofPubsc Wollk9 AeielSgIr , L "YQwIWn 5001fof Ua propnY e Z 5.� Pae.r Ir 9"�waa l' ' - ^ P •. �.' p�"�Trir 1 11r- melocaopns drwolls amw W of rl as TLVL wE g > N= p I f iy ,� P""0.",haw.rarepa an � a �_ n '� Imm vela observations and a, a 1•pY pi a44,�p3 dale Imm dale otters L0 r„T r,s\1 \\aA9E N c• -F b� e Y I W T a 1 ,A 41 ll t o a�LL Nom bmare w cold y .L•- 4�oe-[`^6T(. Ma _ \I I ! J9oN zUS PARKING CALCULATIONS ue�.ai E4sen9 Residence 2par residence= 2spares t�,".j a1 Y-4.` �3r y°.?• ut� W 7 E%Isxng Storage Shed, 163 d C 1 per ION of= D IIIspares ' a p i , EtlsMg NMnery Isas/ E"ii — _ aY kusr (,T�t pOr a omce, 377 M®1 Par 10D 111 3/7 esems +h (Jj h r [�+�' � L p 'sTp� ^�y uNr l - ' w-r' `-•sLnrer FI _ 1 6r Taso"g mpm fist V a f plc zoo sl= 325 cP,oas 11_♦ % s`\T "'w i 7,- feb—tewn 2,2T5,1®f per fi0e st= 855,p al. J� I Y6 Storage ]4T sf 1 `i / e,.,e /-- ti 19 Ter1 Im2 el per t000 ar= ^T4 ape® ° ` \ 0 7 / \ J'1`P I _ — r r••,r,u„p [app Garegemepav azT sf 1 l e Qf 1 ® per Zoo al= 013 ap, ; .•'f��: _ � � `� RC.g-ud LmL IN� r M,dtamrel 133 at 21 Per 10D0,f= D 13 spaces �' g0Y _--�Ty_a_ aouuo tl raN4 r N EPN4VvaN�Taey yT. W 2n8TE ax tie -�_.�- P"oPosed Atlddlprt -a Z N1` ® per IOW s= 1 IS spares 'L�NrK�T)1-ame TLy�`\� OFTo TrL6MENER 3Y5 ! Ge>1- r WQ VehlrJe Sona 1165 sf 1/- .•� �� ��.+' ge ®f per t000 s= 115 spares >,._, I• }r $' fa4 usN[PJ 4wL •NEw LEtiNin�uryTa ZZ Q� 1F GN TOTAL PARKING SPACES REQUIRED 211T 1 22 SPACES M s g s ,��'+n r W Zr, } AkueSo g` T6 eNLY BT OIA n2uT�L5<LPJ 11 r w� e 'ci Po 4E S r I TOTAL PARKING SPACES PROVIDED 26 SPACES 4 ItO 00 6r'�lor'V2TM^Ir NY n9Ge L rl ! Ai,r rr'r r includm9 2 henmcaPPed pe"IJng,Pares w S' If 3 QQJ J R4P"'O L�'a�"c'l+Ir.1 0�p 1� \`` Hwy I'I TRUCK PARKING S LOADING•p``;`(` (� Z G •R�LLrOpp S.l ' /\\ LOADING BERTHS 1 Fronded 11 Re Wred .--wr?��TMflYOTer¢, �•e°9.Y ap a j/M1 e8 Mo P4V. Nero Z s\\ 1 yh For drainageand I IUone see,halt 02 ti1w4 ] O%�9pryployr„'MErRG[i t"p 1r1 .� ___�� �rLOI an ryce cue ,1yW„ a b I�I l ri N1�1 �1v non emewwxw«r,«mbnraa.ry mn N.n,... w u.. ... - S.'i n=:5 xrm n4EiC0FmrL IE Df O[O, ws`aw wl.rmere«„mawa.rerae4h•r"ran«lutl«era am ur .ib aT P Ao a a , , a«eN�we„.mP.na.re..,,aNa.awNb«A.,a.. 14�'�'A�=• � ' tW� / •_•// it '( r wROLIt��ecvasmmr ar n.nllx uaags d/p ae"a6 c7y''Y. r �I�'• . '•'• \ • NOY,� `• • r r �r. • [O.oa.aulauoraxo y r _ _ INTEFyN.nl_ @+O Np0.Y L,N6 -r-r` PROPERTY 4NE/WJ __ esan d C1A-9A 00�gpy p,• _ _ Pml a 9ei9 Fo,� ye N 54 aY 20'W 2L0 00' 11 rr } UFE JeG r- �d�r he as. "'mod. n mwa B w waY�� crew Ya n C. L6Y 91.0>f•lJy''.-Y""�, OD• I LrT eL �If rJ/F qcs-W tybl M1T N4Y P�w3cT4eo r Iz niaOr[1Se1tdEoni nI—aU.11lxuG nihry Ne�u¢mN se I'a\pnM _su-asWls Dabee 4/Y>/Na9,•V 6Wc l• ae.o ') x•s ..x.l Z tl ' NOTE• PAL. INTERNAL BOUNDARY LINES fWFYYA1.ArYsuarrlLbwl3N2Dp 3n-.•-, Ce n.Ip J Internal boundary Ena:are shown for the W APpAOYALByWA7Ep r a"CBr Tiny , • .a..�ro s purpoeea of danoaung arena almwad for 3 *'Na vaP4 PA r.Fnan.,, SITE davelopmerk ae approved by the Suffolk County Development Right.Program PAN' not to ho construoed es se ce`@ty and are W � a PARTIAL ENLARGED ^D pare property `•o PROVED BY Ilnea or a aubdM.I n a p,,ING BOARD TC w1OLE s f y I 111' No D fGOCCIENCE SITE PLAN mm TOWN OPSOUTHOED � r Ia•L murrmLD,NY IRTI OCT211S96 x4��fi�i a5'fE�eA/rT/Rb � 1 SCALE T=2D'_0" L IY SEE SHEET 2 POR COMPLETE SITE PLAN OLT T PD` �';•` � - 1zr-.VlalONa,. t DRAINAGE CALCULATIONS 7/z2./aa ( n R Bunal /7 Anne 1)) A Nee ;RNNeO x Run Faaar /29/q4 31fi0d;V12;1 M 8 0=528ad -a-P, use 1 cf a x4p b Da 0� 6v 0N nF aRumagr -= 65 d.li iD6 y ZONING AC TOTALa 7245d 7245a mwd G Na x R.I.1>sa 105A2xtR 0-27411 N U. �1 -~\�. \\ \ y `�\ \\ �y\ \ \��•• 10a'd•UIn x3'•SW nDran Pine - 2210870 U53 d' \ \, �\\`\\ \ \ T 3ud [ \\\\ \ \\.\•\`\� \ \ \` �\\:` \' s 314d provitle0>2746d laquxad sN// y\ \\\\�\\\ tJ 6lTE _ 1..1.. 3 I♦ I` \`\ \ \. \�` \'. \'. \` \.♦ \.\`.� \ \`�\\� ,� Ia.ILM�Me!-IT P[-N C Aree a PeWeO a RunoR FatlM at St tl \\ \�;�;.• \��`\' ,\`� r BEe cNE,eTs], 29720x V12 x 10 < z \� \ \• \�\\. \ \\\ \ `J T a g 1 a4T Ga x F S' Dame = 1067 d Z J 1a41•die x lr a4 Slatm Dram Pag AU--A p 1/fialT s _ ` 1� \ \\�\��\�'\� \..\: \ ➢ ( ¢,c / 5193d pmNd,d TOTAL egwreE' S1B3d Q J NOT yE INTERNAL,BOUNDARY LINES p W Internal boundary It",,are shown torthe D Aroa xPelnlallx RMpil Facbr 4 purposes o g f2Tdd 10=2124d '1 f desolating arose aliavrod far oD v ONING A `-� /C `- " T. dayslaPmard,as approved by the Um U)9 erg ' \ Suffolk County Development Rlghte Program 6'JP as;Y-9•Sara Dome 542 d z m I 0 ` rra I r �1 These lines are formflmnae only and a re a&dis[1-Sr—Dram Rar, ly¢.= ® U J z. P,.TJ not to be C..et.Ed aS sapamto property TOTAL .31 tin d H ,�\- ;.may` ; _®\ `•,®II_ ©- f3C2 P.J I>r+"m Ida Intel or a subdivision 2231 d pro✓dsd>zu4 d mqutrad > J W z I.IJ E� Are ro Fetlar Area x RanleA;RuR 1260 afx V12x 09.169of a. s) Use e.o^ale x T e•9NN Dome 542 d $ I B'-0"tlla[3'-0•Stoml Dreln Ring ]9La d LLJ L ,A; TOTAL = 202 d 000 U 2.d Va Id,d>109d rs,,nII W U It ADJACENT PROPERTY OWNERS tip SCEY20W-V ¢ e¢ w �a F Area x Ramrao x RI[bRFneIar i I 041-1-T! Joseph Ssymavnrs9l fledOelNN 31WO x W12 x D9-4755d B 097-1-21 Ritlwd E Mdi,h a Wde Re—MU A,,,,, SCTMa1000 97 1 25 1 C 097-140 Madan A Tony ROaldaNid AREAe2-6CTMa 1O 5-2.103 Iso D 097-1-19 Chad Barron Rs1Mml0e1 Ap.03-SCTMBIDDD952102 Ia-0•sie x3 a•S¢es U¢ma t00ic1 . E 097-1-18 C1ledea Cadaebs 6`A51a Agnounu. 2 1a P du;3 0•Slaml Dmin RbN = jlg&s L G 005-2-122 Hllde JMN03 RaaManaalTAL 51013 H M-242 3 Anebrry C SW kon&Wis R'luu nsal 51a A M.M.ProNJed>473 d regwed I o&52.113 Jeeeph Rally AdnculWml J ge;, -1 —ph T Magid Jr&A)—wra Reddenbel z K 0973-2 JOM O Baeey&Wile San nMaWel L W73 3 WBam Misgbp Sle.ga M 0973d Helen Z.Rogan Roddenibl N 09T35 Darla B Ritlmcrld Rn' 'Eal f ,.a C O 0973 LVOvam MNBby Jr&W. Raddenael .r P 0V7 7 M..Bauer RevdantlM �J 9�P! Q 09T3 Chard Hannan Roe Zdal SANITARY 5Y&TEN GG R 973-9 I.W Rose Revdent al I ' ALLOWLOLE SEW E FLOW 3M gpd epd S a97a-11a Nke Really Cap do RkAadJ Russet Vsconl ALLOWABLE SEWAGE FLOW ]00 BPd%dB d2•t4,a2B g T 97-2-1 Salad&Mesa HedlamiAevaN R.oderbal ° U 97-2-23 Paul&Cheryl VNano RaaleenUM SEWAGE EE910N FLOW „N V 97-2-2 EdwaN&Denise Zuimskl Raaldenfill 1 Proposal&Vlhln 131aBpd Ceea&Vehicle SbroBe(00d gpsroR 004 opal x 3445 sf-137 a old 2 -.V W1npry Oisces(0 06 Bpdhg 22 6 gpd 000 gpd%377 9=226 lips Ssbs r TAMM Pawl(D 109Pdd) a I god 010 Bpd%651 s1=651 Bps veW[fmr e[vs¢Ix•MONiM[SEARII _ mR re151H14T0x 5i _/_�aA^^� xainRynmR+^uua°"�+nm e+lH A+Ciemwr"m nAi.-r,9lnywG�••d�n.,e muxu bn A A�nSaed3�.{=u�B An•1"Oir' o O 11190 :1 goalX21d-111gp ----c Wag.(a0% ) 2099pd N epdx7d7If-zeegPe 11958 Rapes 0 1719pd oas eP X 427 e-17 1 spa."Erizxmmm°11 9SI�IHC It ar uT I au°io aii soon 004 9 X Room 04 gPddd) 5 3 gpd ro r DIT6 I� R dDIM 004 BPd%133 a1-53ppd APPFOWAL � Taal Elie sewaarbaoon Fxlw fl90.9-ae9 -a7.rereo a I SANITARY SYSTEM REQUIREMENTS •\ I _ Wy,s hoe r�A¢lma0r.=+ ..I aeva9a design Oar=30a a lips Sense Tank 399.E,2 dny-M5end 1�"rr dt I 1-11—V now are pftequ red r"2a l"aaa SITE =33a eppd 115=2592 e1 -3-a—a hLLesching-6012d PLAN WASTE WATER PROCESSING C-Mg al9Ms eoxn d WWs 250 and cmaw g a aromes,np 20o gw xa aw aw Leaehvlp pool area required to wash water Poreasing =450 pas 11 5 e 000 d LOCATION MAP SETTLEMENT TANK On pro_ 1-6da;12'hL LaaWg Poob=3006d / Ple.s seltlemenl Iank(,I n ar.greesa sap)fa NOTE � �/Q� v3sle wafer eavunan%use s dM;5 Squid dePDL NO cE ¢Q��T/� W eNv A GITy sF 6 4aY SYSTEM 1 {xAslle GBM I rrOTIN4 WTEH LPrar4nv4{'- --- R69nz,LEE 0.vL.4RFi->a59'7 aP ,. � 4���� a TNO e>sTT-ant o-RwaloN�.wort�r m x+z aF B N.41cH ro n,aat,wN rHD RrcwaP�¢n'S FrPr.-I • PLANMNG BOARD MEMBER. SpfFO(,� �0 C� Town Hall, 53095 Main Road BENNETT ORLOWSKI,JR. �.�� Gym P.O. Box 1179 Chairman Southold,New York 11971 WILLIAM J.CREMERS ti x Fax(516)765-3136 KENNETH L.EDWARDS v' T GEORGE RITCHIE LATHAM,,JR. Telephone(516)765-1938 RICHARD G.WARD Telephone V V4 F Date Received l 4'" Date Completed PLANNING BOARD OFFICE Filing Fee TOWN OF SOUTHOLD APPLICATION FOR CONSIDERATION OF A SITE PLAN Cs`-/ ri O f New 8 �'��• /,�j /� Change of Use Re=use Extension Revision of Approved site Plan Name of Business or Site- BEDELL.. l_. L�[.L112S SCTM#: 1000- &S Location. Address: 3GZZ5 JUL Name of Applicant: SoutholdTownPlanning Board Address of Applicant:. Telephone: 1" 13Y A4044> Owner of land: MrC9AE.-- Agent or Person responsible 1 for application: Ll.C..LQIUI !J. 1.j—q Address: TO, IECK )( Telephone: 13y- goon Site plans,prepared by:, UX-C4 p License No. Address: gzgEA > Telephone: "7Z7- 7-050 Page 3 Planning Board Site Plan Appflcatfon .72� Total Land Area of Site(acres or square feet) Zoning District 1 Existing Use of Site yLA LjQF—V-) Proposed Uses on Site.Show all uses proposed and existing. Indicate which building will have which use, If more than one use is proposed per building, indicate square footage of floor area that will be reserved per use. F .F. 1f l tiAi FI. ULIAV �117 57IGR:AG& A A LYE S.E atE:i---D VrAJk t57CP-416E Z, 140 S.F 59EQ ZXF DOM 6%DeAQ 78*1 S.F. Gross Floor Area of Existing Structure(s) 'Z Gross Floor Area of Proposed Structure(s) Percent of Lot Coverage by Building(s) Percent of Lot for Parking(where applicable) Percent of Lot for Landscaping(where applicable) Has ap licant been granted a variance and/or special exception by 1 Board of Appeals-Case#&date Board of Trustees-Case#&date NY State Department of Environmental Conservation-Case# &date Suffolk County Department Health Services-Case#&date Case Number Name of Applicant Date of Decision Expiration Date :4--Other will any toxic or hazardous materials,as defined by the Suffolk County Board of Health,be stored or handled at the site? If so,have proper permits been obtained? Name of issuing agency Number and date of permit issued. 7 ACTION(EXCAVATION OR CONSTRUCTION)MAY BE UNDERTAKEN UNl?L APPROVAL OFS17F RAN BY QNNING BOARD. WOLATORS ARE SUBJECT TO PROSECUAON. Page 2 Planning Board Site Plan Application AMCANT'S AFFIDAVIT STATE OF NEW YOIRK COUNTY OF SUFFOIK being duly sworn, deposes and says that he resides at 27-355 (fk_'-3K W VALU #y_�r e-Oc4 c— Al Y 165ns in the State of New York, and that he is the owner of the above property, or that he is the AcokrT of the C"IEZ (Tltlel (Specify whether Partnership or Corp l which is hereby making application; that there are no existing structures or improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, including all rights-of-way, has been clearly established and is shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plans submitted. Signs �ewn�r) Signed (Part>corco <1cerTltlel Swp o me this of L ?� / otary ubllcl Notary public,St MS L a off N York NO.0505 Qualified in Suu foolk CCou Commission Expires Dec.a, � � 4 Ak 40 11P rl. _�:r'.� � fir. �� a���7 '�%'if �+• , �. .P rid r+�' @� ;:Y'F r" /�• �`�., � y, y-'� If f & . f Ile ,a9E.xIs ,h elore l jf IN OfA OOI F � yf J ST r �l off 05. '/ t r s , c _ FORM NO. 3 NOTICE OF DISAPPROVAL, DATE: May 4,2004 TO: Samuels&Steelman A/C Bedell Cellars 25235 Main Road Cutchogue,NY 11935 Please take notice that your application dated May 3,2004 For permit to make additions and alterations to an existing winery at Location of property: 36225 Main Road, Cutchogue County Tax Map No. 1000- Section 85 Block 1 Lot 25.1 Is returned herewith and disapproved on the following grounds: The,prouosed changes to this existing winery in the Agricultural Conservation District,require a site Wan amendment fro outhold Town Planning Board. u rized Signature Note to Applicant: Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC:file,Planning Board Page 3 Planning Board Site Plan Appllcatlon 49.42A Total Land Area of Site (acres or square feet) C Zoning District Existing Use of Site Winery- Residence - Vineyards 'Proposed Uses on Site. Show all uses proposed and existing. Indicate which building Will have which use. If more than one use is proposed per building, Indicate square footage of floor area that will be reserved per use, Same as existing 8556 Gross Floor Area of Existing Structures! 4602 Gross Floor Area of Proposed Structure(s) Percent of Lot Coverage by Building(s) ` Percent of Lot for parking (where applicable) Percent of Lot for Landscaping (where applicable) Has applicant been granted,a variance and/or special exception by nQ Board of Appeals-Case# &date _,.,_Board of Trustees-Case#&date no NY State Department of Environmental Conservation -Case#&date Suffolk County Department Health Services-Case#&date C-10-01-001 5/30/01 Agricultural Building Case Number C-10-01-0012 Winery Addition 'Name of Applicant Date of Decision Expiration Date Other no' Will any toxic or hazardous materials,as defined by the Suffolk County Board of Health, be stored or handled at the site? If so,have proper permits been obtained? Name of Issuing agency Number and date of permit Issued. NO AC77ON MCA VAT/ON OR CONSTRUCTION!MAYBE UNDERTAKEN UNAL APPROVAL OFSITEPMAt BY PLANNING BOARD. V/OLA7VRSARESUB✓ECT 7O PROSECU770N. o� y Town Hall,53095 Main Road 0 1 Fax(631)765-1823 P.O.Box 1179 �i ®`� ` Telephone(631)765-1802 Southold,New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUMa AUK �0 2061 TO: Bennett Orlowski, Chairman gotdoldTCOWn FROM: Building Department planD1ngsoew. DATE: August 10, 2001 BUILDING DEPARTMENT SITE PLAN CERTIFICATION Project Bedell Winery Storage Building Location Main Road Peconic SCTM# 1000 - Section 85 - Block 2 - Lots 10.3 Date of Last Revision 6-11-01 1. THE PROPOSED USE, winery storage building AS INDICATED ON THE PLAN IS/ARE PERMITTED IN THIS AC DISTRICT. 2. PROPOSED AND EXISTING BUILDINGS AND STRUCTURES COMPLY WITH PROVISIONS OF CHAPTER 100 OF SOUTHOLD TOWN CODE. 3. ALL STRUCTURES COMPLY WITH SETBACKS AS CONTAINED IN BULK SCHEDULES OR ELSEWHERE IN CHAPTER 100. r Authorized Ignature "S NLE D EXI PROPERTY 36228 MAIN ROAD ADDRESS CUTCHOGUE,NY 11935.M 12 OWNER ICHAELLYNNE 6225 MAIN ROM CUTCKGGUE,NY 11935 Jos GEGN0 PGEPII NgT RIGHT SOLO) SURVEYOR III ER LICD=I V LICENSE # NI -5, ENS DATED DECEMBER 23,I897 ZONING AC SITE 4942 ACRES 12,75273580 FT AREA FX15',TIN6 GARDEN a."- J I Pi LOT 1 33%ACTUAL 1;0%MAX ALLOWABLE COVERAGE NOTES TEE LOCATIONS OF WELLS AND CE SPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. z PARKING CALCULATIONS1= EN E 2 PER RESIDENCE IN SPACES 0 0 RESIDENCE r WINERY IS Lu I OFFICES 595 SF @ 1 PER 100 SF 5.9 SPACES C� E�l TASTING ROOM 3,212 BF @ I PER 200 BF 1611.3.SPAM TANK ROOM 4,698 SF @ I PER NO BF. 919SPACES In �STDSRBMS BASE MEW STORAGE 1,248SF QJI PEN IONSF 1T4 SPACES C BASE STORA E 31006FSIPERI ODSF 320SPACES ARREL ROOM 62 F I PER SF 7.30 SPACES SUBTOTAL 43.00 SPACES I� 3' 000 NMI TOTALPARXI OaPACESREQUIREDI ALaEA=fi_ TOTALEJUSTlRG PARIONGOPACES MSPACES TOTAL PROPOSED PARKING. TOTAL PARKING SPACES PROVIDED 45SPACES w TRUCK PARKING AND LOADINO- LO DEInAl PAWDED I I REQUIRED w 0 ,0 DRAINAGE NA LCULA'nONS ADDITIONS DRY WELL 3AREA.073 SF XX RAINFALL X RUNGF`FFACTOR USE(1)0.0 DIAMETERPOOLS X -,SOLIODOME- CU FT -SOLIDWALLRING. 1689cu FT _t? 4 e-0 SOLID WALL FUND- 1699 CU FT InNI� -6 1.8'4'X 4'4'STORM GRAIN FUND=168 9 U.FT 560 9 CU FT f. FT DRY W12 a 0 C.0 Fr K RAINFALL X RUN"O'OICFACTDR 3,81S SF X (2142FT) X 10-612DCU FT "llu, USE(11'8'-0-DIAMETER POOLS DOME- 1N.TCU FT N� CIS a IS zv5I 1-10-4 SO S'HL� 0.,X I _o.X4­O OLIQWALLRING- V37M FT (.,.j V.O'STORM DRAIN RING- 2n.7 CU.T 650 1 CU FT mv REQUIRED w-I' 656 1 CU 612.0 CU.FT AREA X LL RAINFA X RU OFFFACTOR 2.7'pX3A 3 (2JIZFT) X 10-452.23 CU FT lmc�� IN 'DWI- _ "I X",..."TER POO DUUM USE -4-STORM DRAIN RING- INSCU Pl,"NAE,I or eR.RDS,, r.Ey "r V4,X2'4 0 DOME- S"CU Ft FT D) III ICU FT -J 2231 CU FT 1NDCU Fr ri ON Z, 713A SF X (2112 FT X 10.452.23 CU FT DRY WELL AREA X RAINFALL X RUNOFF FACTOR NEW AN TARP 5gT& 5T HC TER HOW)-n 2, 55 1 DLAM T TFK EL,55FT USE 1)Iw4- ErER POOL 0 - , —�IN 1:1 —m—— 0 10'-0 X 3--a-SOLID DOME• 108 7 CU FT __.E 1.10`4 X T-O"SOLIDWALL RING 240N CU FT D-O'X 5'�'STORM BRAIN RING , I CU FT 656.1 Cu FT smicu Fr cu Fr N544��O'A LINE, i�,FROF�_TT' NEW PARKING AREAS EMPLOYEE No STO"MORAIN AREA X RAINFALL 11 RU10111ACTOR GIN 1- 9. 'SDI 2,771 a SF X (2112 FT) X 09v41371 CU FT-7, 9:1 USE(1)W-0-DIAMETER POOL ­1%•201 .0 X2'.VSOLIDDOME- - r 542 CU Fr N/o/F a.-0 X�4SQLID WALL RING- I"I CU FT Jo ANNE r ERAGONIEP 1.8.4-X X STORM BRAIN RING- IW I CU FT 4 LINVA M MOE �14 CU FT PARTIAL pEDDIRED SITE PUBLIC 4114 CU FT 41171 CU FT PLAN STORMORAI ARIZA X RAINFALL X RU OFF FACTOR ISM'F' 3.10945F X (2112 FT) X 0 9-466.41 CU FT PARTIAL SITE PLAN USE(1)iW-rDIANETERPOOL AM 1 1�10'­()XW4'SOLIDOOME- IN ICU Fr XISTINIS, _,W 'XT'SOLIDWALLRING- 2111 Cl FT WELL 0-4-X Y-V STORM GRAIN RING E. 20S3 CU, 'n 519 3 CU FT T REG 519 3 CU FT ------'5Rfm5E LANE pw. 9''�'-;tey.'�yw.• ,A„fit<^ u I• v .. - - - . . .� e - --- .:, - - - — --,Txs•�^g's;,N,^-S" t;" '�' i. 7$:^;_ 99- 4-E _-_ _ 0� s50.bS!s'E 09400 B54A%'49 E _ _-_ 50949=599b01_I9-E_-_- B0545 9541µ]'OS•E 2%9B' Sg4l{5,95•E P I, AREA#2 " �'r� m W AREA#3 i a AREA > � ------- l� J 1� -_ W N941607'19'W 29170' O ` , _ W®w 4f 1,19B0B' N%yg095 W 09494'N k59%'W 59154 N55b02901BA 'I/d �i KEY MAP NOT TO SCALE AREA:1•SCTM01000-97.1.251 AREA 2-SCfM#1000d5 2.10 3(DEVELOPEMENI WOHTB SOLO) ' AREA00SCTMP 1000.85,2.101 m i BUILDING AREAS I EXISTING WINERY S558 SF w-I•j F 2 0 EXISTING RESIDENCE 1624 S F a g I? NEW VINEYARD BUILDING 5760S.F 2!w• �I 41 ®®r wn c Tsf 5a®® 6d a®® •ICJ � P.R.A. BY•RJB CHECKED BY DATE. °Ma DES 1,2901) SCALEASNOTEDOTED -*.• SHEETTIME • ���' y. a aw. SITE PLAN eW. SHEETNO TYPICAL SEPTIC TANK DETAIL TYPICAL LEACHING POOL DETAIL ' NTS NT9 }�"`�,ZT''- v,rgF i`, "r. . _T-,-_ - _ .- - ,..-_.r" _ ...- I '3,-•_ ;-���-_^ ,. �-, �Yt''. .-qo.,µ.Y '�{t-s'Y Tsrca- fir' 74,17 ' WO/F I, HULA�IIMIP�Z JOSEPH REILLY I J let =j z J gW AREA#2 = \ o V zz AREA#3 W -_ -\ WM 1 LJNPA M PAICE "� .�wlo.w, °ice uhaa F ELFlNIKI LIRK�FlOR+ \ I r ••Armin A�re,e. LN,,RLEy LA .f105 --------------FOR ADVITIONAL INFORMATION •�:ZR:.Z43L^•d•"°�' - SEE SHEET NO I A, SCALE} t KEY MAP _ SANITARY CALCULATIONS HYDROLOGIC 20NE W-300 GPDIACRE • AREgit 1.9CTN01000417.5.251 ALLOWABLE SEWAGE FLOW 300 pP0%40A2.14A28 GPO 0I i AREA#2SCTNW 1000�85.240.3(DEVELOPENENT RIGHTS SOLD) SEWAGE DESIGN FLOW_ 9!- AREA 83 SCTM07000-89.2•102 1 E1fISTINO RESIDENCE 3oOG Gm S ' - 1 WINERY(E1118TING S PROPOSED) 1,01314 CAD Z W' 3 E%ISTINO VINEYARD BUILDINO 238.28 GM <H. BUILDING AREAS TaT.LADEREW.aEDERaNFLORF ,9.9I2Gpp �m E%ISTING RESIDENCE 3nfAeF WIN wYeEWAa RIaN RIAY-AI CII elbxa. BY YCDONALO E.ST WNEYAROBUILOING B,IDOSF_ OFFICE nwnFEx.roxWa -- 2"MIN TEST HOLE_ GEOHCIENCE WINERY OFFlCEB(OOHGPOMF) YLTOOPD E%ISTINO Slit!R.F. 0.08 GPD X 899 SF.WO GPG / TEST MOLE DATA TM•A01 GRACE ELEVATION HS FT PROPOSED SALESITASTTNGROOM(OIDGPDOIF) 3212GPO ,• IIO OII T ro•ar NI GANDY LOAN OL 1 FIRST BASEMENT FLOOR ASE ENTR liza.G,E OtO GPO%],3t33F•]31]GPO �'`L OF Otpi e , AMY 9AN0 FERMENTATION(O OL GPDISF) t83A2 GPO 0"GPD X 090 SF a 183.22 GPO y agJOF(4 y STORAGE(004 GPORF) ,3800 GPD ®®®® OE O06 GPO%3.200 SF-12800 GPD ®®®® PALE BROWN FlNE TO CO RR BA9d ®®®® _ STORAGE(OAI bPD18F) ]3888 GPO � ��• LL ®®® COMMENTS NO WATER ENCOUNTERED OAA GPD X 8,397 SF-33US GPO } ry NO SCALE + OMOANICALPD%21t 3F 68.Id OPD BA{GPD XECNED SY S TLITAL 9EWAGE OE91pM FLOW FpR E.I.1.013.14GPO DATE• ry EMU.OIN6 WALL 1 MI GRADE LINE ELEVATION 1 566 FT SCALE: MIN 2' 0 3'MIN �� SNEE77RLE.wnmmw. L�2OA•O Y m ,:14,6".m" I/4°/FT I e,� LEAC441145 A.TDTAL SEW AGE DESIGN FLOW1,01314GPD SITE — B'OIA STANIIC POOL 01nCTAx 1A,3 U/OPp X2GAY8c2A2820GPD I' Q E.539' IE.539' 1110 FTDWISTER%B FTHEIGHTSEPIICTANK%W00ALLON PLAN , WD L,ttr»Awce BE.xnwFp cnw OEweDE wr_mEu IE✓5440 IE+59 T9 1A1S14GPG718SFIGPD•@T9]38F ���rn (3)8 FT DIAMETER X I"FT HOONT LEACHING POOLS-MIA 72 It IT 1t WARTEWATFRPR°DEwAWGEOR WWERY , O'-0 SEPTIC PROFILE 1FERMENTARON-WASH12G"OFTANNS SOOGPD SHEET NO _ 2 CRUSHING OF bRAPES AOOOP' EPTIC TAN ".rw,o AWc"+.,,a (N Ts I TOTAL ovenFgc_G._r-oG /1 ° O+mm9Lnle1 LEACHING POOL ON WWOUR"FOR WASTE WATER PROCFSAINO L TYPICAL LEACHING POOL DETAIL •BOO GPD(2)9.9Oo 9F PROVIDE(21SFTDIAMETER%12FT HEIGHT G EACNINGP)FOR 00A SF PROVIDEATERTNENTfANK(USE FT TOOREAHETRAP)FOR N TA - WASTE WATERTRFATIENT,UHE O FT DIAM14lEH%8 FT LXNIID DEPTH. LEGEND - RAMP GOWN CAL 1PDOWN Yd Y ACY—L- -- It } YaCASE STOR 'I} I CRI SHIN AR 0 0 STe M.E -- - - - - - �:.. m LU NEW `---------� `--------------------------i W -- — -' -- TASTING ROOM xEw TAN%RoeN AnR naN _ Y.1 Ni DUSTING4YIF r " F J '• CASISTORAG tit I I 11 7 ,yl I I' T,OADING BOCK SPRAQ- PEROOU L spy NP - a � a aw €€€9 NEW Tx6 TAu <F - I OFF CIEILR L J %G ROeNRee0.! �� a E%IS{ EXISTING `TLUf90 OFFIGFAEA BOTTLING LINE COVERED b .mnxamxv II n WALKWAY # It a;st1 I EXIST,ENTRY � e RJS NS FIRST FLOOR PLAN Fw.ST FLOOR PLAN a LEGEND ' e.mwwu qq q�qq q�qq �q Ho' ® bb'NEW Q W BTARRELROOM dd dd Cd 'v'd C F U NEW ZQ_j I� O� CD STORAGE Ct7 Ob' Q ELEVATOR W MACHINE RM. Uji BARREL � W 5 u bq�gd ,Fogd R�®q 'gdgd bq'gd , 'Q9 'c9�J,co, Q9 99 l(' _ two' t-Jc� dd � dd Ip�pl 1Q�p, Ip1p1 Ip'p1 WWE LBRARY 9,E �OpO � L�IwpI EYA pO RE Q� m T=+o � � inmm. YIW <F o� NEW CASE STORAGE '^" POR WINE LIBRARY CRAWL SPACE PE Of hfp E%ISTINO I� I BTGRAGER )z 0 EIOSTING +j EISAN STORs_AREA �°tM 1 YECNANICAL I JY ` �� PHONE ROOM ev 4JB A FA RJB ccneoen NS 10191/01 9 BASEMENT FLOOR PLAN BFLOOR PLAN I I I(iJ Eil fill •� �� .• �.,.��a u�II ■. -u '�■6 io■.■n _.: ......... _ II Mill ■. nn' ME I�I ■• ■a.�•■� �'I 9!I I G ■ai I I u■■� no■. n■■ I I ■,=L.I= III FDII Ili - :.- 111111_IIIiIIIIgIIIIII111111111� :P'I;I INIIIIIIIIII IIIIIIIIIIII'IIII'lrlll�llllll_�D!lui^I��IIIII, 1....,it .. J„�IIIIIM��'III IIII� m Ija r, III!1 T 1 1 ��I�ii lil�■IIAHAIIA� I�I Ill�il IIIII l�r; !Y �e In■■:rl::::o■�In:::1:�inn� I � • •' — '����u`■����id�f�'��I�������i2��ll' I"�I�����I�'���a � I" ���Ii� � �. i I I IIIIIIII•I�� moon R I IIIII --�'' ' il�.�.■... nnunl .oum■.-' I � � L::: � ::i;l Iuu■L■■•y- '^■!���_ JILT.LHIfRI lilt II111 1111116111111= �dlIllrllllIllllllrlIIIII I'I blllllil �IIIIIIIIIIIIfIIIIIII��I III I __ = r --11 I IIII I III �� �IlllrlrllllldU11I111111111.11[Illlllllllh_ I � w nn■\ u . uum— —Inn■\ . � I -_•_ r IIIIIIIIIIIJIIIII!11!"I'.!•'■■• 'I'lillll�llllllllll' ■■■■■ ��� IIIII II�I_Illlllllllan a ,0.0 ...i .. ,:...11llll_Illllll - - I1,= I1111 : I�����������������I� IIIII �11� —= I I..I lr�� n ��,I��f �I�111!IIIIII'll'11111111�1:�Ju 11 111I �' 1111111111111111'I�•■'■■■■_I■� - ---�-- �11lllllrllllllllp�llll�,.� * * * RECEIPT * * * Date: 07/01/15 Receipt#: 189287 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6861 $2,000.00 Total Paid: $2,000.00 Notes: Payment Type Amount Paid By CK#1084 $2,000.00 Southold, Farm &Cellar Inc Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Southold, Farm &Cellar Inc 860 Old North Rd Southold, NY 11971 Clerk ID: SABRINA Internal ID.6861 ®�®S�FFoe,�c® _ ELIZABETH A.NEVILLE,MMC may. �/y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 U Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER �'� ®�° Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 21, 2015 RE: Zoning Appeal No. 6861 Transmitted herewith is Zoning Appeals No. 6861 for Southold Farm& Cellar Inc.-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form,Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval to Southold Farm&Cellar Dated April 9 of 2015,Pre-Existing Certificate of Occupancy for No. Z-31252 Dated November 11 of 2005, Certificate of Occupancy for No. 36784 Dated February 25 of 2014, 5 Pages of Photos, 2 Pages of Drawings of Proposed Pole Building Dated May 9 of 2014, 3 Pages of the Town of Southold Property Record Card for Tax Map No. 1000-55.-1-7, Survey of Property for Tax Map No. 1000-55.4-7 Dated April 16 of 2015. * * * RECEIPT * * * Date: 04/21/15 Receipt#: 183248 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6861 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1075 $500.00 Southold, Farm &Cellar Inc Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Southold, Farm &Cellar Inc 860 Old North Rd Southold, NY 11971 Clerk ID: SABRINA Internal ID:6861 BOARD MEMBERS • Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main-Road•P.O.Box 1179 ® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer' Town Annex/First Floor,Capital One Bank George Horning �® �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider CU Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, D'ECEMBER 3, 2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN; pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing-Will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0059, on THURSDAY,_DECEMBER 3, 2015: 2:30 P.M.--SOUTHOLD FARM +_ CELLAR, INC. (MEADOR) #6861 - Request for Variances under Article III Code, Section 280-13A(4), 14 and the Building" Inspector's April 9, 2015 last amended October 27, 2015 Notice of Disapproval for a building permit for conversion ,`of an existing building to include a tasting room and the construction of a new winery building, at: 1) less than the code minimum required setback of '100 feet from a major road, 2) less than the code required development intact square footage of 80,000 square feet per use, located at: 860 Old North Road Southold, NY. SCTM#1000-55-1-7 & 55.-1-8.3 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the -conclusion of each hearing." Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.TothO-Yown.Southold.ny.us Dated: November 9, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 63095 Main Road (Mailing/USPS) P.O. Box 1119 Southold, NY 11971-0969 ZONING BOARD OF APPEALS x�V MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net November 9, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, December 3, 2015 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before November 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than November 23rd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 24t": Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before December 1, 2015. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends 1 ! l ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---=---------------I-------------------------------------x In the Matter of the Application of AFFIDAVIT SOUTHOLD FARM AND CELLAR INC. OF (Name of Applicant) MAILINGS APPEAL # 6861 SCTM Parcel #1000-55-1-7 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 16T" day of November, 2015, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL; RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applican ' roperty. Signature) ETSY PE K S Sworn to before me this 30f day of November, 2015 (N tary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, Rol PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. SO C.HOLD FARM AND CELLAR INC. (MEADOR) � �� #6861 CAROLYN HAMAN SUFFOLK COUNTY WATER ANNETTE SMITH AUTHORITY 1020 OLD NORTH RD 4060 SUNRISE HIGHWAY SOUTHOLD NY 11971 OAKDALE NY 11769 SCTM: 1000-55-1-5.4 SCTM: 1000-54-3-22 WILLIAM& CAROLYN HAMAN MARK BORSTELMANN 1020 OLD NORTH ROAD PO BOX 166 SOUTHOLD NY 11971 CENTERPORT NY 11761 SCTM: 1000-55-1-6.1 SCTM: 1000-54-3-21.3 PHILIP BURNS JANE KOSOVSKY 500 OLD NORTH ROAD 276 RIVERSIDE DRIVE APT 7G SOUTHOLD NY 11971 NEW YORK NY 10025 SCTM: 1000-55-1-8.1 SCTM: 1000-54-7-23.7 ARELIS COLLADO REGAN& CAREY MEADOR 3715 HORTON'S LANE 860 OLD NORTH ROAD SOUTHOLD NY 11971 SOUTHOLD NY 11971 SCTM: 1000-54-7-23.6 SCTM: 1000-55-1-8.3 WILLIAM&LORI SALMON JOHN A. SEPENOSKI PO BOX 831 5600 HORTON LANE SOUTHOLD NY 11971 SOUTHOLD NY 11971 SCTM: 1000-54-7-23.4 SCTM: 1000-54-3-24.4 & 24.5 DOROTHY STEPNOSKI PECONIC LAND TRUST 1015 OLD NORTH ROAD 296 HAMPTON RD SOUTHOLD NY 11971 PO BOX 1776 SCTM: 1000-54-3-24.3 SOUTHAMPTON NY 11969 SCTM: 1000-55-1-8.4 & 9 r _ •�_f ��- -... MI O R E L F F I C E 4.Restri-'-' Delivery? 3.Service Type i - 51020 M, ROAD SOUTHOLD NY 11971 (Extra)o,'❑Yes CERTI ED • � SOUTH { I I 2.Article Number (r 7104 2438 8090 0000 6435A. l�S`1•) Stg e (❑AddrWse r Agent) IIIIII IIIIIIIIIIIIIIIIIIIIII I IIIIIIIIIII ®,Received By Please n,clearly)qV1 710 4 2438 8090 0000 6435 C.Date of De Iv y,,,, 1.Article Addressed To: I \A A i l l D•Addressee's Address'(1/DrHeren Fre ddressUsedbySende0 —SU FI:, L K COUNTY WATER AUTHORITY II 4060 SUNRISE HIGHWAY OAKDALE NY 11769 i 1 I Secondary-Aildi"ess'%Suite%Apt%Floor(Please-P'rint Clearly) ` I i _. ,- •DelWery_Address•________________________________________________.................................... City• t r i State ZIP - . h r MOORE LAW`OFFICE 4.Restricted Delivery? 3.Service Type 51020 MAIN ROAD) ii !' ' t (Extra Fee)' s � , i '�� �0�0�® � SOUTHOLD NY '11971 0 Ye• - 2. Article Number 7104 2438 8090 0000 6329 �A�Slg�ature: (❑Addressee r❑Agent) - III I II_I I I III I I IIII IIII i A� � IIIIIIII IIIIII I III B. Re eived - ease nt early) 71n4 2438 8090 0000 6329 C-Date of italb �� y 1.Article Addressed To: D•Addressee' `ddr (1/DINere remAY essUsedbySende� C A R D!_Y N H A M A N n 1 (jSPS ANNI TTE SMITH 1020 OLD NORTH RD Secondary Address/Swte/Apt,/Floor(P/ease Print Clearly) SOUTHOLD NY 11971 .................................................................................. Dehvery Address City State ' M O O R E L A W�O F F I C E.;: _ 4.Restricted Deuvery7 3.Service Type 51020 MAIN ,ROAD„ I " i' SOUTHOLD NY 11971 t"i _ '(Extra Fee)-'�?Yes+ ;C��TIFIE® 2. Article Number 7104 2438 8090 0000 6336 A.SI ature. (❑Addressee or Agent) IIIIIIIIIIIIII III I IIIII I II IIIIIIIIIIII � I B• Received By, /-early) 7104 2438 8090 0000 6336 C•Date of Iv 1 1.Article Addressed To: ' b 8 2015 D•Addressee A _ Ss(/rDl/lerent mAd ss UsedbySende J W I L L I A M & C A R O L Y N H A M A N ' 1020 OLD NORTH ROAD PS 'e SOUTHOLD NY 11971 Secondary-Address%Scit %Apt.%Floor(Please Pnnt Clearly) Delivery Address Cltyt_ ...!. .............................:Stater c`e-ae--• ` ' '-ZIP+ , a I� RECEIPT r W RECEIPT ( RECEIPT I RECEIPT I 1104 2438 8090 0000 6350 ( 7104 2438'8090 0000 6329 7104 2438 8090 0000 E I 7104 2438 8090 0000 6343 1 f lAJM: i FROM: FROM. ( FROM. Moore Law office Moore Law Office , Moore Law Office Moore Law Office ( RE SOUTHOLD FARM AND CELI 'I RE SOUTHOLD FARM AND CELI I RE SOUTHOLD FARM AND CELI t RE SOUTHOLD FARM AND CELI S+ h� ® SEND TO. S ND SEND ,0.,:0 REGAN&CAREY MEADOR p(` LYN HAMAN I 1 ARO N`P� ; IP�BURI�& fl \\ 860 OLD NORTH ROAD �E SMITH 5 ORTH RO ? ' pLD,NOWTH'ROAD s I ' ku R H RD HY 11971 ; I' t 0 HQLD NY,fY971 ,a , ` SOUTHOLD NY 11971 I i r 020 tWil r, I.r UTHOL�NN���7 i19 ! f � ' I FEES. N 0 A u r 3 rj �'F `(�� FE ��� 5 I FEES'. Postage �® �3 °, Po I el®tAy 85 P e� `� 30 , Postage 0485 Cerhfie B® r Certifie 3 30 ICe e1J� Q�� 2 70 Certified Fee 330 ( Return 'e `2 70 ( Return Receipt 270 Return r� tom' ( Return Receipt 2 70 p'" — Restn ft Restricted Restricted ��'' y Restricted TOTAL 0 V TOTAL $6.485 TOTAL $6.485 fl TOTAL $6 485 ® 6.485 POSTMARK OR DATE i POSTMARK OR DATE I POSTMARK OR DATE ( POST AR OR DATE ( ( RECEIPT RECEIPT RECEIPT 7104 2438 8090 0000 6374 ( 7104 2438 8090 0000 6435 RECEIPT 1 RECEIPT '( 7104 2438 8090 0000 6367 ( FROM. ( FROM. I 7104 2433 8090 0000 6428 i 7104 2438 8090 0000 6411 FROM ( Moore Law Office Moore Law Office ( FROM I FROM. ( Moore Law Office RE SOUTHOLD FARM AND CELI I RE SOUTHOLD FARM AND CE( Moore Law Office ( Moore Law Office j RE SOUTHOLD FARM AND CELI i I I RE SOUTHOLD FARM AND CELI i RE SOUTHOLD FARM AND CELI ( SEND TO. i SEND TO' J SEND ( PECONIC LAND TRUST SUFFOLK COUNTY WATER AUJ SEND TO J 1 i 296 HAMPTON RD f 4060 SUNRISE HIGHWAY MARK BORSTELMANN I SEND TO. LION LAN PO BOX 1776 SOUTHAMPTON N OAKDALE NY 11769 I PO BOX 166 1 276 RIVERSIDE RIVE APT 7G Y 11969 I ± HOLFY�IY 11971 I I CENTERPORT NY 11761 NEW YORK NY 10025 z FEES FEES' 5 i rtage 0485 `� PostCartage q�� 0485 FEES- FEES . I Re G pp � ' 330 Postage 0 485 Ce i a^a Pt i 3 f up Receip 2 70 �C 0 Certified a Postage 0 485 Return, a aji tyy� 0 � esti! CI Retur y 13 30 Retufied 3300 ` Restncted TO Res i e 2 f� 70 !I � ` tAL c® 485 6��$�6' 85 1 F.1 ( TOTAL $6.485 ITM,ARK Ob TE �TIV TOT $ ReQ OR DA 64 5 TOrl c�a $6 POSTMARK OR DATE E I �o q� ;r''' j ® 1" � ' ar i PRIG OR DAT I r0� MARK OR DA o613 de ( RECEIPT 1 (( RECEIPT ( RECEIPT 7104 2438 8090 OOOD 6404 7104 2438 8090 0000 6398 i 7104 2438 8090 0000 6381 FROM. ` FROM FROM ( Moore Law Office I Moore Law Office ( Moore Law Office iRE SOUTHOLD FARM AND CELI I RE SOUTHOLD FARM AND CELI RE SOUTHOLD FARM AND CELI ( r ( 1 SEND TO- SEND TO' ( SEND TO' ( I WILLIAM&LORI SALMON DOROTHY STEPNOSKI ARELIS COLLADO PO BOX 831 1015 OLD NORTH ROAD ( 3715 HORTON'S LANE SOUTHOLD NY 11971 SOUTHOLD NY 11971 SOUTHOLD NY 11971 i IJ] FEES. ®�® FEES' FEES' Po- Postag 0 485 1 P 0 485 'ft1 Q� ( "C l l dbeN V, 330 if RN), 330 C e ee = s yip 7 2 70 (f t m Re of �� 270 R eceipt-= �1 estncted-_�,_ TO L tegoV 2015 I 0.1 Lf~/ 4 5 ( TAL f�� 485 ' v $6 4 5 ( 0�� 1 6`Q1 PO TM K OR E STIVIA K OR AT STMARK O D TE IPS ! _ ( U� / �� M 0 0-RE L A W O F F I C E 4.Restricted Delivery? 3.Service Type 4 51020 MAIN -ROAD c�E1�1 MED 1 SOUTHOLD NY 11971 (Extra Fee) [:]Yes ' I2.Article Number 7104 2438 8090 0000 6350 "ur ,[]Addlessee o!❑Agent) IIIIII II IIIII I IIIIIIIIIIIIIIII I IIII II III �. R&ei6'ed By: (Please Print Clearly) ; I 7104 2438 8090 0000 6350 C.Date of Delivery 1.Article Addressed To: j ®•Addressee's Address(IfDurerentFmmAddms UsedbySsnde0 R E G A N & C A R E Y M E A D O R 860 OLD NORTH ROAD SOUTHOLD NY 11971 - Secondary Address%Suite I Apt.!Floar(Please Pnnt Clearly) ................................_.............................._................. Delivery Address Y ( E I t ( istate i I ZiPI+4,Codei •r —I i MOORE LAW OFFICE 4.Restricted Delivery? 3.Service Type 51020 MAIN„ROAD " eRBF9E® j (Extra Fee)° ,Yes ' ' SOUTHOLD NY 11971 _ 2. Article Number 7104 2438 8090 0000 6381 SEEMS Iffimmum A. n ur�(OAd�drossee IIIIIIIIIIIIII IIII III III l�le IIIII II IIIII I II B. Received By: ( e In[� 7-104 2438 8090 0000 6381 C.Date of,De I 1.Article,Addressed To: NOV °I ®.Addressee's Ad ess DfflerenfFromAdd s:u dbysende1 DO"t�uYx.HY STEPNOSKI w sp f 101!"OLD NORTH ROAD dJSPs ' SOUTHOLD NY 11971 .............y....._.._....._..___..._._ �__.._.__...... ....__. $eoondar Address/Suite/Apt. P /Floor Please Print Clearly) --Delivery Address.......................................................... . i City State ZIP 4 Code .I 4.Restricted Delivery? 3.Service Type M00�=`�mCAW ^ 5102 0 -MAIN ,R,4 A°D'i4?e , , : ; t: , , , ' I s i ; CERTIREM 1 (Extra Fee)��Yes, SOUTHOLD NY'j'1 ;931w 2. Article Number ' 7104 2438 8090 0000 6374 ru A. Si atu ' (o se gent) IIIIIIIIIIIIIIIIIII I IIIII II IIIII I IIIIIII B. Red�dpBPlea a>Pr• Clearly) 7104 2438 8090 0000 6374 C. ate of D Ilvery 1. Article Addressed To: E S J1 PECOR,IC LAND TRUST D.Addressee's Address(I/DlflerentFromAddressUsedbySended 296 HAMPTON RD PO BOX 1776 .............Y._.__....___......._.__.__P..______..._.�.__._..__._._....._.___Y)�' S O U T H A M P T O N N Y 119 6 9 I Seconder Address/Smte/A t,/Floor Please Print Clearl it — ------------------- ------------------------------------ Delivery Addrass -- I' .. _._._. .... ._........ .K. •City, 'State .ZIP 4.4 Code nlM M 0 0 R E ~LAW ^0 F_ F I C E 4.Restricted Delivery? 3.Service Type 51020 MAIN AD; (Extra Fee) Yes' C1�6' TIFIED � I s ' ' � ' , • • SOUTHOLD N.- _1971 ' 2.Article Number 1 7104 2438 8090 0000 6398 II I A.Signature (❑Addres ❑Agent)ee orIIIIIIII II II III III I �'W\``nJ xIIIIII II IIIII I IIIIIIII lJ B. Received By: (Please Pant Clearly)) 7104 2438 8090 0000 6398 I, IC.Date of Delivery 1. Article Addressed To: D.Addressee's Address(HDlNemntFromAddross UsedbySended WILLIAM & LORI SALMON PO BOX;431 II SOUTHOLD NY 11971 ,I I I Secondary Address/Swte/Apt./Floor(Please Print Clearly) iI . -----------------------------------------------------•--. I I Delivery Address � ............................................ ....•.. .........._.___..__...__..__ ' City{ i i j{ j i state I I l ZIP+,4•Gode ; i ! i - 4.Restricted Delivery? 3.Service Type-'rJ— MOORE LAW OFFICE 51020 MAIN IRO,AD `i tr I (EztraFee) Yes, CERTMED 1 SOUTHOLD NY 11971 2. Article Number 7104 2438 8090 0000 6367 II A.S�.td)ature: ( d e see or❑Agent) IIIIIIIIII I �- (IIIIIIII (IIIIIIIIII IIIIIIIIII I B. ecely d By' le Print Clearly) P1.=_7104 2438 8090 0000 6367 l C.Date/of/L�eliveyy 1. Article Addressed To: J i o I i OHNrA= SEPENOSKI i D.Addressee's Address((turf mntFromAddrossusedbysende J 5 6 0 0t H O R T O N LANE � I SOUTHOLD NY 11971 ................... • •-• i E I Secondary Address/Suite I Apt,I Floor(Please Pnnt Clearly) � II ' I ............................ , IDelivery Address [ ..._..__ ....... i i t t City........... State ZIP+4 Code M 00 RE LAW OFFICE 4.Restricted Delivery? 3.Service Type R-OAD i I :(Extra Fee),Q Yes CERTIFIED S S4�t1`Hy0"GD'ri�1Y 11971 2. Article Number °{ 7104 2438 8090 0000 6428 �I A Slglta e. Addressee or❑Agent) IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII B. Re I d (P=PrintCi 24.38 8090-0000 6428 vet`~ i a t C.Date of Delivery U rlt)�'CLN`TERPORT Aticle A j0RSTELMANN ddressed To: D.Addressee's Add ss(I/Clflere Fro ddrossUsedbySenderl c O `',B`O'X 166 II LISPS NY 11761 Secondar Address/Swte/A t./Floer Pleaso Pnn Clearly) I li .................................................................................. IDelivery Address i City, a i i i d{ Stte t , iZIP+;4 Code - -I i I 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#I000--'5S— I COUNTY OF SUFFOLK) ST TE OF NEW YORK) I, 0 (1AA Cr Qk residing at • ,New York, being duly sworn, depose and say that: On the day of Q \4 - , 201E , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven( )days prior to the date of the subject hearing date, which hearing date was shown to be (Signature) Sworn to before me this 3 Day of �P� , 201 J BETSY A.PERKINS Notary Public, State of New York No. 01 PE6130636 Qualified in Suffolk Coun n_,� (N y ublic) Commission Expires July 18, near the entrance or driveway entrance of my property, as the area most visible to passerby. V \,7 �VAi vl� \v� #12519 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 26th day of November, 2015. 10:40 A.M.- BRUCE ROTHSTEIN _ #6901-Request for Variance from Arti- LEGAL NOTICE etc XXIII Section 280-124 and the Build- SOUTHOLD TOWN ZONING trig Inspector's October 21,2015 Notice of Disapproval based on an application BOARD OF APPEALS ✓(� THURSDAY DECEMBER 3,2015 for building permit to constuict a second PUBLIC HEARINGS story addition to existing single family Principal Clerk NOTICE IS HEREBY GIVEN,pur- dwelling,at,1) less than the minimum suant to Section 267 of the Town I-aw code i equired side yard setback of 15 and Town Code Chapter 280 (Zoning), feet,located at.7390 Great Peconic Bay Town of Southold,the following public Boulevard (adj. to Gicat Peconic Bay) heaungs will be held by the SOUTH- Laui el.NY SCTM#1000-126-11-11 OLD "TOWN ZONING BOARD OF APPEALS at the Town Hall. 53095 day of 2015. Main Road, P.O. Box 1179, Southold, I lm A M - I INTON DUELI. New Yoik 11971-0959,on THURSDAY #68 5 - Applicant requests a Spectai nELLt,lMBER 3,2015. I Exception under Article III, Section 9.15 A.M.-HEATHER and RICH- 280-1313(13).'Ilie Applicant is the ownei ARD PETRQWSKI #6896 - Request requesting authorization to establish an fat Vaiiances from Article XXII Sec- Accessory Apartment in an accessory tion 280-116B and Article XXIII Sec- structure,located at- 450 Private Road ion 280-124 and the Building Inspec- 014(adj.to Orient Harbor)Orient,NY. CHRISTINA VOLINSKi tor's October 26,2015 Notice of Dis- S(717M#1000-24-2-12 appioval based on an application for ; 11.20 A.M. - LIvNTON DUELI NOTARY PUBLIC-STATE OF NEW YORK building permit for demolition of exist- #6894-Request for ariance from Ar- NO. 01 V06105050 trig building and construction of a new title III Section 280-13 and the building 61elalifitad In Suffolk County single family dwelling. at: 1) less than inspector's Notice of Disapproval dated y the code required bulkhead setback of r September 25,2015 based on a building _ My Commission Explres,February 28, 2016 75 tect,2) less than the code required permit application for construction of front yard setback of 35 feet,located at; f an accessory garage with living space,at; 295 East Legion Avenue(adj.to James not to exceed more than one dwelling C:i cek) Mattituck, NY. SCTM#1000- on each lot,proposed construction con- 172-3-26 stitutes a second dwelling unit,located 9,341 A.M.-PETER COCOLARAS at:450 Private Road#14(adj.to Orient 2:30 P.M. -SOUTHOLD FARM + #_"97 - Request for variances Article Harbor) Orient,NY.SCTM#1000-24-2- CELLAR, INC (MEADOR) #6861 111 Section 380-15 and 280-15D and 121:15 P.M. OLD NORTH ROAD Request for Variances under Article the building inspector's Notice of Dis- III Code Section 280-13A(4), 14 and approval dated September, 29. 2015, BARN LLC (CLAUDIA PURTfA) the Building Inspector's April 9. 2015 amended October 28,2015 based on an #6 03 -This is a request under Article last amended October 27,2015 Notice application for a budding permit to con- XXVI Section 280-146D requesting an of Disappi oval for a building permit struct an accessory garage,at.1)location INTERPRETATION of Town Code, for conversion of an existing building other than the code required rear yard, Article III,Section 280-13A(4),"Major to include a tasting room and the con- 2) dorncis at moie than the maximum Road", appealing the Building Inspec- stiuction of a new winery building, at: code allowable 40% of roof width,lo- tor's amended October 13,2015 Notice 1)less than the code minimum required carted at;1095 Hyatt Road Southold,NY. of Disapproval for additions and alters- setback of 100 feet from a major road,2) SCTM#1000-50-1-14 tions to and the conveision of an exist- less than the code iequired development 9:50 A.M.-BEN and DIANE BENE- mg slot age buildhig to include a wine intact square footage of 80,000 square DjKTSSON#6900 - Request foi Van- pioduction budding at less than 100 feet per use,located at:860 Old North ,like from Article III Code Section 280- feet from the road,located at:5195 Old Road Southold.NY.SCTM#I000-55-1-7 1 SC and the Building Inspector's April 6, North Road Southold,NY.SCTM#1000- &8.3 ,015,renewed October 1,2015 Notice of 51-3-5 The Board of Appeals will hear all Disappi oval based on an application for 1:30 PM - OLD NORTH ROAD persons or their representatives,desiring building permit to construct an accesso- BARN LLC (CLAUDIA PURTICA) to be heard at each hearing,and/or desir- ty garage,at;1)square footage of more 46902-Request foi Variance under Ar- ing to submit written statements before than the maximum code allowed of 750 title III Code Section 280-13A(4) and the conclusion of each hearing. Each square feet,located at:1655 Eveigreen the Building Inspector's August 10,2015, heai mg will not start earlier than desig- Drive Cutchogue,NY.SCTM#1000-102- amended October 19, 2015 Notice of nated above. Files ai a available for re- 1.4 5 Disapproval for a building permit for ad- view during regular business lions and 1 10:10 A.M.-ALEXANDER KOFI- ditions and alterations to and conversion prior to the day of the hearing. If you NAS AS TRUSTEE #6893 - Request of an existing storage building to include have questions,please contact our office lot Variance fiom Article XXIII Section a wine production building,at:less than at, (631) 765-1809,or by email: Vicki. 280-122 and the Building jpspector's the code required minimum setback of TothOaTown.Southold.nyus. October 15,2015 Notice of Disapproval 100 feet from a major road,located at Dated-November 9,2015 based on an application for building per- 5195 Old North Road Southold, NY. ZONING BOARD OF APPEALS nut to construction altei ations to exist- SCTM#1000-51-3-5 LESLIE KANES WEISMAN,CHAIR- ing nonconfoimin accessory gaiage,at, 2:00 P.M.-FRANK L and ELIZA- PERSON proposed alteration creates new none BETH G.KELLY#6898-This is a re- BY:Vicki Toth conformance,located at:805 West Road quest under Article XXVI Section 280- 54375 Main Road(Office Location) (adj. to Peconic Bay) Cutchogue, NY 146D requesting Reversal of the build- 53095 Main Road(Mailing/LISPS) SCIvf#]000-1I0-7-4 ing inspector's Notice of Disapproval PO.Box 1179 10:20 A.M.-GIOIA TURITI'O and dated August 31,2015 requiring site plan Southold,NY 11971-0959 N_ABIL EL SHE RIF #6899 - Request appioval under Article XHISection280- 125194T11/26 Cot Variances hom Article lit Section 51A(2),located at:1900 Great Peconic 280-15 and the Building Inspector's Oc- Bay Boulevard(adj.to Brushes Creek) tober 21, 2015 Nouce of Disapproval Laurel,NY.SCTM#1000_145-4-3 based on an application for building per- - --- mat for accessory gazebo and'as built' accessory shed,at; 1) accessory gazebo proposed in location other than the code requited i car yai d 2)'as built'accessory shed located in other than the code re- quitcd rear)ard,located at::1800 Park Way and 40 Beachwood (adj.to Goose Creek)Southold.NY.SCTM#s 1000-70- 10-61 1 &62.1 NUTICE UF HEARli4G The following application will be heard . by the Southold Town Board of Appeals at Town Hall , 53095 -Main Road, Southold: NAME SOUTHOLD FARM , & CELLAR INC . ( MEADOR) #6861 MAP # 55E= 1 =7 & 55mml =8m3 VARIANCE SETBACK/SQ. FOOTAGE PER USE REQUEST TASTING ROOM/NEW WINERY BLDG . DATE : THURS , DEC . 35 2015 2NE30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765 = 1809 V ZONING BOARD OF APPEALS 6 TOWN OF SOUTHOLD: NEW YORKI9� ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT SOUTHOLD FARM AND CELLAR INC. OF (Name of Applicant) MAILINGS APPEAL # 6861 SCTM Parcel #1000-55-1-7 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 7�day of October, 2015, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. LIU ( ignature) ETSY PE KI S Sworn to before me this a(07-# day of October, 2015 (No ary Public tARCARET C. KOWSKI ary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. SOU. AOLD FARM AND CELLAR INC. (MEADOR) ��1 #6861 CAROLYN HAMAN SUFFOLK COUNTY WATER ANNETTE SMITH AUTHORITY 1020 OLD NORTH RD 4060 SUNRISE HIGHWAY SOUTHOLD NY 11971 OAKDALE NY 11769 SCTM: 1000-55-1-5.4 SCTM: 1000-54-3-22 WILLIAM& CAROLYN HAMAN MARK BORSTELMANN 1020 OLD NORTH ROAD PO BOX 166 SOUTHOLD NY 11971 CENTERPORT NY 11761 SCTM: 1000-55-1-6.1 SCTM: 1000-54-3-21.3 PHILIP BURNS JANE KOSOVSKY 500 OLD NORTH ROAD 276 RIVERSIDE DRIVE APT 7G SOUTHOLD NY 11971 NEW YORK NY' 10025 SCTM: 1000-55-1-8.1 SCTM: 1000-54-7-23.7 ARELIS COLLADO REGAN& CAREY MEADOR 3715 HORTON'S LANE 860 OLD NORTH ROAD SOUTHOLD NY 11971 SOUTHOLD NY 11971 SCTM: 1000-54-7-23.6 SCTM: 1000-55-1-8.3 WILLIAM&LORI SALMON JOHN A. SEPENOSKI PO BOX 831 5600 HORTON LANE SOUTHOLD NY 11971 SOUTHOLD NY 11971 SCTM: 1000-54-7-23.4 SCTM: 1000-54-3-24.4 &24.5 DOROTHY STEPNOSKI PECONIC LAND TRUST 1015 OLD NORTH ROAD 296 HAMPTON RD SOUTHOLD NY 11971 PO BOX 1776 SCTM: 1000-54-3-24.3 SOUTHAMPTON NY 11969 SCTM: 1000-55-1-8.4 & 9 ECEIPT RECEIPT 71oa zaR3e oso 000E 5988 �, RECEIPT i RECEIPT I RECEIPT 7104 2438 8090 0000 622E 7104 2438 8090 0000 5964 7104 2438 80901 195 j FROM y 7104 2438 809E 000E 6008 FROM: i FROM. j FROM I Moore Law Office Moore Law Office I I FROM: Moore Law OffiC8 RE SOUTHOLD FARM&CELLAF RE SOUTHOLD FARM&CELLAF) REoSOUT OLD FARM&CELLAF RE SOUTHOLD FARM&CELLAR I RE SOUTHOLD FARM&CELLAR 11 j jI SEND TO' I SEND TO' j SEND TO: � SEND TO: SEND TO. CAROLYN HAMAN WILLIAM&CAROLYN HAMAN I pHILIP BURNS REGAN&CAREY MEADOR I 1ANNETTE SMITH02E OLD NORTH RD 702E OLD NORTH ROAD 500 OLD NORTH ROAD 860 OLD NORTH ROAD j 5600 HORTON LANE SOUTHOLD NY 11971 I SOUTHOLD NY 11971 I SOUTHOLD NY 11971 I SOUTHOLD NY 11971 j I I SOUTHOLD NY 11971 FEES' ) FEES' FEES: FEES: j Postage 0 485 I Postage 0485 I I FEES. Postage 0 485 Postage 0 485 0 465 Certified Fee 330 Certified Fee 330 I Postage Return Receipt 2 70 Certified Fee 330 Certified Fee 3 30 330 Return Receipt 270 I �p Return Receipt 270 Return Receipt 270 Certified Fee-..y '10 Return ec ipt Restricted Restncted �® �41r Restricted j Restrict 1 e� i f of a}� r\- TO �AL� 85 I TOTAL��°� l$5t /�-- / 01, / � 9 �\��, TO�A�L �� t'l}� 485 TOTAL. 6/h85 TOT L�—�$6 485 ��'' c53 A .� R�STMARK OR DATE POT ARK OR DATE r �� � �' > > y, P POSTMARK O LSE POSTMARK OR DATE I p�STM R O,"R 'AT iG g�� c/a QCi ( � � W'OCT � �t � � I RECEIPT RECEIPT I RECEIPT I RECEIPT I RECEIPT 7104 2438 8090 0000 6022 7104 2438 809E 0000 6145 7104 2438 8090 0000 6190 7104 2438 8090 0000 6169 7104 2438 8090 0000 6176 FROM I FROM: ' FROM: FROM: FROM: Moore Law Office I Moore Law Office ' Moore Law office I Moore Law Office I Moore Law Office iRE SOUTHOLD FARM&CELLAR I RE SOUTHOLD FARM&CELLAF (/' RE SOUTHOLD FARM&CELLAFj RE SOUTHOLD FARM&CELLAF RE SOUTHOLD FARM&CELLAF j I j SEND TO: SEN D TO: SEND TO: j SEND TO: I SEND TO: , PECONIC LAND TRUST SUFFOLK COUNTY WATER AUTI I MARK BORSTELMANN !I JANE KOSOVSKY j ARELIS COLLADO / I 296 PO BOX 1776N RD 4060 OAKDA E NISE Y 11t769 WAY 276 RIVERSIDE E APT 7G I CEN ERPORT NY 11761 + NEW YORK NY 0025 I SOUTHOLD NY 1 971i I SOUTHAMPTON NY 11969 j I 11 FEES' FEES: FEES: I FEES: FEES' Postage0 0 I 0 I 0 0 330 Fee 330 -Go Fee 330 Certified Fee e Certified 330 ertifed Fee 330 Return Receipt 270 Return Receipt 270 I Return Receipt 270 j Return Receipt 270 J Return eQQ iiptt 270 Restricted,--: Restricted Restncted Restrict d Reestrtg4 t !7 \ A 4,85 j TO L°�-® 7�, 485 TbT ®� $1 485 j TO �® 485 I To 9 TOT L $` _\ 7\ $�6'485 �o�i` < a ID! MARK OR 6 AC121 E TMARK OR DATE POSTMARK OR DATE j pSTMARK OR I CeD I ; �O TMARNOrE... DXT Lill r RECEIPT RECEIPT 1 7104 2438 8090 0000 6183 j 7104 2438 8090 0000 6213 { FROM. FROM: Law Office Moore Law Office RE S ` RE SOUTHOLD FARM&CELLAF I RE SOUTHOLD FARM&CELLAF SEND TO' SEND TO: jWILLIAM&LORI SALMON i DOROTHY STEPNOSKI PO BOX 831 1015`I OLD NORTH ROAD SOUTHOLD NY 11971 1971 I FEES: FEES' Postage 0 485 I Postage 0 485 Certified Fee 330 i Return Fee 3 30 I Relurrf a ei Fee. 2 70 Return Receipt 2 70 s �� Restricted TOT 1 ,5� .48.5 i T 1 / � 185 �a MARK O EOU�!PATE 0 ' • y ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SOUTHOLD FARM AND CELLAR INC. SIGN POSTING APPEAL# 6861 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-55-1-70& 8.3 ----------------------------------- -------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, REGAN MEADOR,residing at 860 Old North Road, Southold,New York, being duly sworn, depose and say that: On the day of October, 2015, I personally placed the Town's official Poster,with the date of hearing and nature of the application noted thereon, securely upon the property, located ten(10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date,which hearing date was shown to be Thurs ,November 5, 2015 Sworn to before me this day of st,-2'01 l , BETSY A.PERKINS Notary Public,State of New York"} No.01 PE6130636 Qualified in Suffolk Cou -�_ otary P is Commission Expires July 1� *near the entrance or driveway entrance of the property, as the area most visible to passersby. I� M 0 0 R E LAW _0 F F I C E 4.Restricted Delivery? 3.service Type �1 51020 MA]' 'OAD (Extra Pe Yes CERTM9E® SOUTHOLD ... 11971 2. Article Number ' ° ' 7104 2438 8090 0000 6183 �I A a a a kA. Ad ❑ dre see or Agent) ggna re (Er IIIII IIIIII IIIII II IIIII I IIIIIIIIII IIIIII , i I 13. Received>By* �/ � r)Y) 7104 2438 8090 0000 6183 r+ 1. Article Addressed To: 1 I C°Date of D 4 y ®li�2® ry�t '�1J I I � D.Addressee's Addres IfDllferentFmm ddres'l�adbysende0 W I L L I A M & L O R I SALMON f I PO BOX 831 j �f ASP SOUTHOLD NY 11971 Seco Jary-Address/Sude/A t.1 Floor Please Prmt Clearly) I Dollvery Address •-_-.-------- -•--•.... ....... ............................ City State ZIP+4 Code —MO ORE—LAW OFFICE 4.Restricted Delivery?_ 3.Service Type 51020 MAIN ROAD f : CERT'9��L�® it SOUTHOLD NY 1'1971 , "(Extra Fee); Yes' 2. Article Number l 7104 2438 8090 0000 6008 I SI ature. 15Ad ressee or❑Age,) II I II I I I II I I I III I IIIII I II I III I I I I I I III B. Received By t ty) 7104 2438 8090 0000 6008 f C.Date of Dely,-fyl 1.Article Addressed To: 1v) QCT202015F JOHN �0 • SEPENOSKI • I D°Addressee's Ad•res5 DiNemlFromAddress sedbySender) -5600 •HORTON LANE SOUTHOLD NY 11971 1? Secondary Address/Smte/Apt /Floor(Please Print Clearly) .........�....................................................................... Delivery Address F City State ZIP+4 Code t R.Restricted Delivery? 3.Service Type � MOORE LAW OFFICE 4 ,I 51020 MAIN ROAD (Extra Pee) ❑Yes CEIERT9FIG® SOUTHOLD NY 11971, 2. Article Number 7104 2438 8090 0000 6022 i A Sig tut . (❑A a or�geIIIIlII IN111111111111111111111111111111 j l B. ReS By: (Pie se P iirclean) '%,.4 2438 8090 0000 6022 rye' �o• �L77a7�%o�L .I C.Date of Delivery .. I. Article Addressed To: i l 1 / PECONIC LAND TRUST •I 0.Addressee's Address(Wiffe,entFmmAddrossllsedbysendej 296 H A M P T O N R D rl PO BOX 1776 j .-•.-.......ry...................._...P...___..._..�._..._._...............Y) C O U T H A M P T O N NY 11969 Seconds Address 1 Suite/A t /Floor Please Pnnt Clearl ................................................................................. Delivery Address I Cfty...�.....-•- ................G_x..C.._., State _ZIZ4,'GpBe _ _ 1 04.Restricted Deliverv? 13.Sej.e Type RE LAW OFFICE' 51 di2G,,MAIN ROk CERTIFIED (q�tra Fee) Y NY' 2. Article Number 7104 2438 8090 0000 6213 A. Sig a A see o , � � B. Velved By. lease Prinw early) (/ ' 7104 2438 8090 0000 6213 40\ G.Date of Delivery 1.Article Addressed To: ®.Addressee's Address(Mlffer­tFromActdrasstlsedbySende� P�,ti;,1OTHY STEPNOSKI ibis.•-7�OLD NORTH,-,ROAD SO'UTHOLD NY Secondary Address(Suite%Apt !Floor(Please Pnnt Clearly) .......... Delivery Address-------------------—------------------*.................. ............................ ...........ZIP— Wiy................ State A­�_�� y? :T MOORE L F '71 4.Restricted Delivery? Service Type 51020 MAIN ROAD SOUTHOLD NY 1,197 Fee), []Yes. CERTIFIED 2. Article Number ii 7104 2438 8090 0000 5995 11 A. Si re Addressee or OAgent) R&eived B l (t arly) -'7__(,',04 2,:38 8090 0000 599 5 j C.Date 12015 1.'Article Addressed To: cT 2 ',REPN & CAREY MEADOR D-Addressee's d8 860 OLD NORTH ROAD SOUTHOLD NY 11971 Seoondar Address%Suite/A t-/Floor(Pleas©Pnnt Clearly) Deli,ery Address .................. it Cltgo---------------------------------- f1P74d;*j;' MOORE LAW OFE:TCE .. _el,aery? 3.Service Type - 51020 MAIN D i ;CERTIFIED SOUTHOLD 'NY' r,�971 , 1 :(Eztra,Fee)' _✓ •F's ; 2. Article Number I "I 7104 2438 8090 0000 5964 A•SI n �d �seeo ❑Agent) IIIIII II IIIII I IIIlI�IIIIIIII IIII II III III B. ceived I se early) 71104 2438 8090 0000 5964 I L F i C-Date o V'e l 1.Article"Addressed To: :> r ' PH 1�.'_'P BURNS �f ID.Addressee''s•Addr !From ddross UsedbySendbd v� 500-'"vLD NORTH ROAD —� SOUTHOLD NY 11971 i I Secandar Address/Sidle!A t /Floor Please Pdnt Clearl __________ __________________________•-.__•-_••---••_••_-_•-__..._.__..___.__.__. Delive� I ry Address Y 3 ; I ...._....._....................................... ..............._._.__.___- City � State ZIP+4 Code 9+ MOORE LAW OFFICE 4.Restricted Delivery? 3.Service Type 51020 MAIN ROAD �� ���C�® SOUTHOLD NY 11971 (Extra Fee) Yes CERTIFIED 2.Article Number 7104 2438 8090 0000 6220 j �ArSI&nre: (❑Addysze l�Agent) IIIIII II IIIII I IIIIIIIIIIIIII IIIIIII II III B• Received B ! t CI arl �. // y� e y jm) 7104 2438 8090 0000 6220 I lI C.Date`off 8S ery. r tg, 1. Article Addressed To: ! I 00212015 ' D.Addresse 'sA�dress(1/Dlfleml Ad -Wedbysendeo C A R O L Y N H A M A N ANNETTE SMITH `< 1020 OLD NORTH RD ...........................X �-loot Please Secondary Address/ ( Pnnt Clear%y) SOUTHOLD NY 11971 1 -Deliver- I - i Y i . .................................................................. ..............._........... City - State ZIP+4 Code 1 MOORE LAW OFFICE 4.Restrf.led Delivery? 3.Service Type 51020 MAIN ROAD CERTIFIED SOUTHOLD NY 11971 (Extra Fee) ]Yes 2. Article Number 7104 2438 8090 0000 5988 1 s ® ® o A. Sig e A o ❑A�nt)g G; - IIIIII II IIIII I IIIIIIIIIIIIII IIIIIIIII III B. Received Se f arly) 7104 2438 8090 0000 5988 I (1 A B I C.Date of�-T,,�EWr 2 J 20'5 1. Article Addressed To: D.Addressee' ililr (uoraeron romA res UscdbySend.j W I L L I A M & C A R O L Y N HAMAN I ASPS 4 ' 1020 OLD NORTH ROAD SOUTHOLD NY 11971 Secondary Address/SWte/Apt,/Floor(Please Pnnt Clearly) i _________ __________•__••__•_--_-_-__••---_-_••-_-___•.-_---__-_.__.. I Delivery Address � • Clty State ZIP+4 Code #12475 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 29th day of October, 2015. LEGAL NOTICE x/� SOUTHOLD TOWN'ZONING Principal Clerk BOARD OF APPEALS , THURSDAY NOVEMBER 5,2015 PUBLIC HEARINGS e� NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town � Law and Town Code Chapter 280 �t/ (Zoning),Town of Southold,the fol- me this day of U 2015. lowing public hearings will be held 10:40 A.M.-RICK NAPPI#6828 by the SOUTHOLD TOWN ZON- - Re-Opened by Board Resolu- ING BOARD OF APPEALS at tion - Request for Variances from the Town Hall, 53095 Main Road, Article XXIII Section 280-124 and P.O Box 1179, Southold, New York Article XXII Section 28011613 and 11971-0959, on THURSDAY NO- the Building Inspector's December VEMBER 5,2015. 3, 2014,AMENDED September 22, 9:30 A.M.-ANTHONY and LTA 2015 Notice of Disapproval based CHRISTlNA VOi.INSKB Sr1NNINO#6882-(Adjourned from on an application for building per- September 3,2015)Request for Vari- snit for additions and aitetatioils.to NOTARY PUBLIC-STATE OF NEW YORK ante under Article III Code Section Demolition of existing single family N4, 0 i VOb 105050 280-13A(4) and the Building Inspec- dwelling and construction of a new tor's June 17, 2015, amended June single family dwelling, at; 1) less 61uallticaC! In Suffolk County 23, 2015 Notice of Disapproval for than the code required front yard hly COrtimiS0011 CxMi(Vs Fobrucvy 28, 2016 a Building permit to construction of setback of 35 feet, 2) less than,the it winery/tasting room, at: 1) winery code required minimum single side 1:3t1 11M. - ADF VFNTURF 2.15 P.M. - SOUTHOLD FARM located on a parcel less than the code yard setback of 10 feet,3) less than LLC- #6850 - Request for Variances- and CELLAR, INC. (MEADOR) required minimum of at least 10 acres the code required bulkhead setback es from Article XV, Sections 280- #'861 - (Adjourned from 8/20%15) devoted to vineyard or other agri- of 75 feet, located at: 5218 Peconic 164B&C and 280-63 and the Building Request for Variances under Article cultural purposes, located at: 15975 Bay Boulevard(adj.to Great Pecon- Inspector's June 9, 2014, renewed III Code Section 280-13A(4) & 14, County Route 48(aka Middle Road) is Bay) Laurel, NY. SCTM##1000- February 23,2015, amended Febru- and Article XXIII Section 280-124 and 7495 Alvah's Lane Cutchogue, 128-2-22 ar 26, 2015 Notice of Disa r and the Building Inspector's April NY.SCTM#1000-101-1-14.6&14.,t Y pp oval 31:00 A,M•- LIAX PARTNERS g 2015, amended June 19, 2015 based on an application for building AMENDED September 10, 2015 10:00 A.M. - STEVEN and AN. I)REA KOLYER#6860-(Request to LLC. #6891 - Request for variance permit to construct a commercial from Article II Section 280-9A&B building for an electrical contrac- Notice of Disapproval for a building WITHDRAW by letter dated October and the Building Inspector's Notice tor's yard, at; 1) less than the code permit for conversion of an existing 2,2015 by the applicant) (Adjourned of Disapproval dated September 8, required average front yard setback building to a tasting room and con- from September 3,2015) (Re-opened 2015 based on a building permit ap- of 16 feet,2) less than the code re- struction of a new winery building, N Board Resolution due to error in plication for lot recognition, at; 1) uired minimum rear at:1)(winery building)less than the Notice es Disapproval) Request for q yard setback code required minimum setback of Variances under Article III Code subject parcel is not a recognized of70`feet,3)proposed structure with lot• located at: 1975 Sound View more than the code allowed maxi- 100 feet from a major road,located Section 280-14 and the Building In- Avenue (adj. to Long Island Sound) mum of 60 linear feet of frontage , at: 860 Old North Road Southold, 20,201's March 9, Disapproval Revised July Mattituck,NY.SCTM#1000-94-1-11 on one street,located at:620 Corwin NY.SCTM#1000-55-1-7&8.3 building 201g Notice for Disapproval fora tl 1S A M - PAUL ROMANEI- The Board of Appeals will hear building permit for a subdivision, at: Street Greenport, NY. SCTM#1000- Proposed Lot 1-(lot 10)-1)less than 43-2-44.2 all persons or their representatives, the code required minimum lot size of f..9NT r CT yFNnEE (E0B 2 00 P.M.-ALL.ISON LATHAM desiring to be heard at each hearing, sq. i,LICT •md CAROL ROHNI i#e,,892 #6889-This is a request under Sec- and/or desiring to submit written 8uired minimum i 2)less than the code re- q statements before the conclusion of quired minimum lot width of 175 feet, This is a request under Section lion 280-146D for an Interpretation 280-146D for an Interpretation of of the Town Code,Article III, Sec- each hearing. Each hearing will not Proposed Lot 2-(lot 1) less than p tion 280-14, "Bulk Schedule" a the code required minimum ,um lot size of the Town Code,Article VIII,Section p_ start,earlier than designated above. 80,000 sq.ft.,2)less than the code re- 280-38A,"Permitted Uses", appeal- pealing the Building Inspector's , Files are available for review during ing the Building Inspector's Se tem- September 10,2015 Amended Notice regular business hours and prior to quired minimum lot depth of 250 feet, p the day of the hearing.located at:4075 Paradise Point Road ber 15,2015 Notice of Disapproval; of Disapproval regarding number of Y g. If you have (adj. to a boat basin) Southold, NY. applicant's business "Suffolk Secu- uses proposed on property located questions, please contact our of- rity" is not a contractor's business, at: 860 Old North Road Southold, fice at, (631)765-1809, or by email: SCTM#1000- - Vicki us. 10:20 A M.. 7850- 850 MATN I�,OAD, located at:50300 NYS Route 25(aka NY.SCTM#1000-55-1-7&8.3 Y• Main Road corner Jockey Dated:October 5,2015 1_l,C c1LF_ THE 75 OF INN at ) ( y Creek ZONING BOARD OF APPEALS �ui�T�T�',�Ri�#6 i75-Re-Hearing Drive) Southold, NY. SCTM#1000- per Board Resolution based on Con- 70-2-15 LESLIE KANES WEIS- 11:30 A.M. - PAUL ROMANFI MAN, - CHAIRPERSON diti amended decision I T CONTRACT YFi NDE datedd September 4, 2014 - Request I E (ROB BY:Vicki Toth 54375 Main Road Office Location for Special Exception per Article FRT and CARO BOHN) #hR90 ( ) VII Section 280-35(B) to expand ' Request for variance from Article 53095 Main Road(Mailing/USPS) the current restaurant use to include I VIII, Code Section 280-38A (Per- P.O.Box 1179 I d Us es),, and the Building In- Southold,NY 11971-0959 being open to the public, enclose ) g existing patio and surround with a spector's September 15,2015 Notice 12475-1T 10/29 3 1/2 foot wall located in a Resort of Disapproval based on an appIiea- Residential (RR) District, located tion for building permit to convert at: 7850 Main Road and Orchard an existing legal non-conforming Lane (aka Old Orchard Road) East real estate agent office to a contrae- Marion,NY. SCTM#1000-31-6-17.2 tor's business, at: 1) contractor's - business is not a permitted use,lo- cated at: 50300 NYS Route 25 (aka Main Road) (corner Jockey Creek Drive) Southold, NY. SCTM#1000- 70-2-15 51 �7 LAW OFFICES WICKHAM,BRESSLER& GEASA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND / I ERIC J.BRESSLER NEW YORK 11952 (j ABIGAIL A.WICKHAM 631-298-8353 RECEIVED JANET GEASA TELEFAX NO.631-298-8565 awickham@wbglawyers.com K November 25, 2015 N 0 V , 2075 VIA EMAIL AND REGULAR MAIL BOAR® OF APPEALS Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 =- Southold,New York 11971 Re: Appeal 6 8 6 1- Meador Ladies/Gentlemen: We are the attorneys for Walker/McCall, LLC, the owner of McCall Wines in Cutchogue. While my client has,no specific interest in this application, I do want to correct misinformation regarding McCall Wines which has been introduced into the record, as my client has a pending site plan application to the Planning Board for a wine production facility in Cutchogue. First, no variances are required for the approval of the McCall facility. The area of the parcel on which the proposed wine production facility is to be located is 80,000 square feet. The parcel is merged with an 84 acre farm on which McCall has an extensive vineyard. The development rights to 83 acres are owned by Suffolk County. A large portion of the proposed winery will be underground, and it will be for wine production and storage. The existing winery tasting room is in a pre-existing building in another location on the 84 acre farm and does not contain a dwelling. Secondly, the site of the proposed winery and the remaining farm are encumbered with an easement held by Peconic Land Trust which restricts the use of the property for agricultural usage beyond that of the Suffolk County development rights restrictions. We believe these factors, among others, distinguish it from the application before you. Thank you for your consideration. Very truly yours, Abigail A. Wickham AAW:csv cc : ,Patricia C. Moore, Esq. 1/baltrMcCall RECEIVE® !. (FORM OF AGREEMENT) NOV 0 5 2015 BOARD OF APPEALS THIS AGREEMENT, made theo4l _ day of�'L` 191;�,, between Parker Dickerson and Betsey Dickerson, uxresiding at Hill Creek Drive, residing at mountain , Torrington Southold, NY 11971. and CHESTER DICKERSON/ hereinafter referred to as the CT "Seller"and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its office and principal office at Main Road, Southold, New York, hereinafter referred to as the "Purchaser." W 1 T N E S S E T H 11 The Seller agrees to sell and convey, and the Purchaser agrees to purchase the Development Rights, as hereinafter defined, in ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in the description annexed hereto as RIDER "A". 21 Development Rights, as authorized by 247 of the New York State General Municipal Law, as amended shall mean the permanent legal interest and right to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Southold Town Code, and the right to prohibit. or restrict the use of the premises for any purposes other than agricultural production. By the sale of such development rights and interest, the Seller shall be deemed to have covenanted and agreed that the Seller, and the heirs, legal representatives, -successors and assigns of the Seller, shall only use the premises, on and after the date of delivery of the instrument of conveyance to the Town, for such agricultural production. Such covenant shall run with the land it perpetuity. EXHIBIT A -- RECEIVED ' ' 11584HAS� �5 �'•r� NOV Q 5 2015b go BOARD OF APPEALS part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and its heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. The definition of "Agricultural Production" as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: "Agricultural Production - shall mean the production for commercial purposes of crops, livestock and livestock products; —PUU—THUT land or portions thereof used for processing or retail merchandisin of such crops, livestock or livestoc products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any 4 other structures used exclusively for agricultural purposes." The party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the remises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. l §4. [Conservation of natural resourrcei l scenic beauty;..., W CONST Art. 14, 4 RECEWED N 0 V `5 � KeyCite Yellow Flag-Negative Treatment 015 Proposed Legislation ZONING BOARD OF McKinney's Consolidated Laws of New York Annotated Constitution of the State of New York(Refs&Annos) Article XlV.Conservation ._. _ y McKinney's Const:Art.14,§441 §4.(Conservation of natural resources and scenic beauty,pollution abatement; acquisition and preservation of lands as state nature and histarical preserve] Effective:January 1,2002 Currentness IThe policy of the state shall belo conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural'lands for the production of food and other ag ricultural products:The legislature,in implementing this policy, shall include adequate provision for the abatement of air and water pollution and of excessive and unnecessary noise, the protection of agricultural lands wetlands and shorelines, and the development and regulation of water resources. The legislature shall further provide for the acquisition of lands and waters,including improvements thereon and any interest therein,outside the forest preserve counties,and the dedication of properties so acquired or now owned,which because of their natural beauty,wilderness character, or geological, ecological or historical significance, shall be preserved and administered for the use and enjoyment of the people.Properties so dedicated shall constitute the state nature and historical preserve and they shall not be taken or otherwise disposed of except by law enacted by two successive regular sessions of the legislature. Credits (Adopted Nov.4, 1969,eff.Jan. 1, 1970.Amended Nov. 6,2001,eff.Jan. 1,2002.) Notes of Decisions(3) McKinney's Const.Art. 14,§4,NY CONST Art. 14, §4 Current through L.2015,chapters 1 to 387,392,393,396,399,403,408 to 410. End of Document V"2019 T hoinsou Reut�ra.No elainu to original US.0overnmeu!\Yorks. ,y�?S*P,vNey,t @':0 10 Ti'ofl'tson RCwCf rs, i`fo�olairn to orI941,11 1.1.6, .vci"rl,i o!e1 W°_"_�> �c,�ri=ter.a.,..,,......Y�.�,..,.w., _.. .„.._m..m,..W) 'f RECEIVED +�� Merriam Webster's Dictionary(9th College Edition) NOV 0 5 2015 Winery: ( Since 1882)A wine making establishment BOAR b 9� 1 ® OF APPEALS Agriculture: The science or art of cultivating the soil,producing crops....and in varying degrees, the preparation of these products for man's use and their disposal. o r REC � Nov �p • I� dY 5 201�5 (01 11 0 0 BOARD OF APPEALS S A M U E L S & S T E E L M A N April 30, 2004 Mr. Mike Verity Building Department Town of Southold Main Road Southold, NY 11971 Re: Bedell Cellars Cutchogue, NY Dear Mike, We are submitting for your review revised plans for Bedell Cellars. As you know, we received Site Plan Approval from the Planning Ruard on May 13, 2002 for a new Tasting Room. Since that time, the owner hadscaled back the project. We are submitting drawing of a new design for a Covered Tasting Area and Deck. This structure will not be enclosed and will be used on a seasonal basis. We will also be adding on to the Tank Room and enlarging the Crushing Pad. We are submitting a Building Permit application, two set of drawings and a check for $35 for your review and determination if an amendment to the original Site Plan Approval will be required. If you have any questions, please do not hesitate to call. 4ceeSir tee an Architects an, RA ARCHITECTS 25235 MAIN ROAD CUTCHOGUE,NEW YORK 11935 (631)734-6405 FAX(631)734-6407 s �(IbVgi.�`tp*y",M�i,�rl•. '10 , (,P,/ .,. pe••�.i ,-.s .y �• MID IDDO-97.14LI 1000450.10A 1WO4344D2 • SL:f7j:(c , --• EXI5TIN457 VINEYARD 1 PRO -PERTY U225 MAIN ROAD \ •if - �� . J I ADDRESS CUTCHOGUE.NY.11935 `h,.,, c r ,JJ \ + V OWNER. MICHAEL LYNNE APPROVED BY, II N J622l MAIN ROAD •.JL�,1�} I -`____________________SINE OP DEVELOPQ�-Nr'RIbMT 50LOT--------------_ I EUTCNO GUN,IE 11015 PLANNING BOARD J 1 1L SURVEYOR. P.0 O A 31 0 _�__ __ i 1 exaK D•AOi /ti l•' ;" r P.O BO%1cJ/ TOWN OF SOU7NOU) RIVERNEAD xY 11001 MAY W I� �• / �-��- 10RV DAAw I 51 UCEN9Ee Lleee PA ✓�p��� .., DATED DECEMBER A l ZONING A-C aq'Wh+'+' _ I ARE• SBA]ACRES/7.1E2.TJ APR lU Nut ,.•4 v AREA -" - .I LL,I ysl,iQn•'r R� E P. O XISTING GARDEN wn>e (I SDutlroldTDrd N iy� LOT 107%ACTUAL(20%MAIL ALLOWABLE P �1� fd COVERAGE v■ __ I '/� �•S.. WrNo1'. I ttxkj� NOTES: THE LOCATIONS OFWE(1SANO z ^3 .:�•• Y$> CESSPOOLS SHOWN HEREON ARE `It♦6, ER5ON6 \ ` a.' E1pt.Y>r�Y`• Ow5TIN6 FROM FIELl1 OOSERVATIONa AN00R �z TOPN ORUN I DATA OBTAINED FROM OTHERS. •• �'- - ' �� "'•'" .f ,: •I �ERI PJ05r• � �� PARKING CALCULATIONS p AJ _ r C �� RESIDENCE- 7PERRESIDENCE 7DO SPACES I�trRZZ '• E7CI5 91 WOiERY 0 Lu 0. YIN6 6RANEL D C 1 OFFICES• 595SF.GIPERIOOSF S059PACE8 I I ~ C. 0505 R)V£(1(,A I 1 TASTINOROOM 32123P.01PER2DOSF. IUSSPACES q IO 1` LKIyT �5 'BtaK Y ,r TANKROOM 4.598 SF.01 PER NO OF. 9.19 SPACES 7r v i I X PEA PIND6IS BASEMENT STORAGE: 1249 SF.01 PER ION OF. 1248PACES KI" ' Glt7 CASEETORAOE' 1200 EF. IPER 1,D00 EF. ZYO SPACES WQ� BARREL ROOM 7,J62 EF.�IPPR I,OW SF. 1.N SPACES = �,jls I SUSTarAL• W -- ' I ' [ r.�1•� F.ne`n��d.'N• I 1 TOTAL PARKING SPACES REQUIRED:Iee_PACPS J xw��� TOTALOIISRNG PARKINGSPACES. MISPPACES A•■ ..`.y((S�1,r •,I 17 Y.yy.', -� © -^•NY l I I A TOTALPROPOSED PARKING: Z W Sub TOTAL PARKING SPACES PROVIDED 450PA�HO � TRUDINGBERTHB- LAAOIDE '% I mil" "'• 9' ''I' L � ( ( LOADING PARKING • 1 P ADING-11 RECUWEO 55 I>)LruyY (` ERerny (I DRAINAGE CALCULATIONS Lug 1I_. ARDOy RGOF AAFA OF ADORIONS ZCR Z • •-�� (>1(I51•IN I 1 • ORaQW1� 3,073Y WELL AREA 8 % (L12FT) X 10-31LOC Fr. 5 {/1() �•� ,"�,.•.. F1pI� I� -',_ P G use-(1)6'-0.OLWETFI(POOLS S120 CU FT. I\% 1�•1*,,•,...�U05r.• Na �..S �1 •I I 1-e•-0•%Y.S'90LDOOME Fr y' �• I T3• G 1•E'-0•XA'-0•SOUDWALLRINO• INJ?CCU FT. N II '• i,^�`',�."� , 1/ , CS-_���, Z 1-B'-0'X�-0•STORM DRAIN FUND INSCU.FT. ' •- W I '�n15TIN6 GRA " I I N �� seos Cu Fr. I r +e ''N4 �4 .. 1 ' Pp�iIN6.AREp 2 n I ,`R I PBevmEn REGumm I- laB � � sc}" 1 F%pL (eBpKOJ 6x9yTN >(� (I 6600CU.Fr 512ACU.FT. ._ .._ I J�C iV• p�q h1 ORYWELL AREA R RAINFALL X RUNOFFFACFOR R(?b,vc.65-scr Ra / ( � � GR•1H I I I (Qvn^R• 2.675SF.N (2N2FT.) X 10•6110 CU Fr 6T�5TP+L57QiM PPw11D I l LCAiIiLS Po0Le R7'P1 / ( WRy to USE:(p 8-4-DIAMETER POOLS g•b '1.10'-0•%J'-0•SOLID DOME. 1Oar CU.Fr. 1.1D-0•XA'-0•STORM DRAW RING• »i7CU.F�T. Jg� 't�rL k 1.10'-0•R4'-O BOLDWALLRING I `�'• Q 1]I?N eFTDI 11 cF, NSA CU Fr. I ELM N-0STq�RRGN� •5 Pq1•I<VN '� I .---F�' PROVIBEn > REQUIRED W J•� F 5 656.1 CU.FT. 617000.FT. I (LA, af•^ SyS�D.q�� � `� I G} /�� / DRYWELL AREA R RAINFALL X RUNOFFPACTON W, 9QJ CIDNU C 21'1JASF.X (Yf1 FT.) % IO•AS221 CU.FT. �a 44 FL I L" T 9TDAN dlST~,''I ,"I. `' PRppp ��ALVC USE .0 �S + ,{^.l 1•S'0'%2'•P BO IT ETER POLL 612CU.FT. AN• I ' BL ,1COy i•� " ••'m Gape �OOV as 1•C-0'XA'A•STORM DRAIN RING- 166.9 CU,FT, /--1 6B SCM.Cy •COI '1Rr I 1 r>r� �s�l , �81 C ( o rgq 22LI CU FT. Y L•/r.;•��� F. m°sr_ I I 'a REQUIRED • I L"r✓ ��, I 4:11^•I:'y L•Lrx/) C 2231CUFFf. > 10BACU Fr. D-•• ( - n>:rt swKlrwRlGsrsTrst-��l-{iPY���� '•��' F7 05 WASTE WATER cErmG SY_TEM Y TEST Np��(x.) - L 4`kr ElFsnrd'IRSCb MP1 P. 33 `DORY WELL AREA X RAINFALL X RUNOFF FACTOR E`L SEpr�p�q� I LOCATION`1.t'Y, .. I 5, °�-` Invn•m 1T10A SF.% (L17 Fr•) % 1A•A5271 CU FT, i 4* NIP 7 .I�R TE TER 05-Ip D,�y,.ro eNtwt r�1 ELr 95PT"�WWWYY" 1 i ,ram, I < USE (1110'-0•DUWETERPOOL S ' L2ni01 e�ANC IN I�DAwMIM,PMIa IO1 DpLIAN lVj2 � �rlyw� R .q.2 IUD g5r•p 1-t0'-0•%W4 SO BOONE- 105.7CU FT, u1C LFAGHPOOLS(I•p)I Inimnrtilw�x u5 rt c� Nxx OWINe A•G m C' x eVrna0.'LN ,ram : �N Q Y�®a 1.1P-0 X S-0•STORY DRAIN RING. SMR I CU.FT. MD.-X•-- ION Ite.LLSATm Lt j1 usrt aert PlAxu9nlPa raAm 11 m 66 exf CU.FT A _ n SILT CU.F 52M CU.F 2007C 0 A �� elal CU.FT. > N37]CU.FT.I hxy..LSFan (PROPERTY LINE y E.+wx•n - - �r r 'n NEW PARKING AREAS C,acF[oer_J8 eur INAe 70R 6RA•C5 s +, n n Ck tl EMPLOYEE If STORM DRAW AREA % RAINFALL x RUNOFFFACTOR ' C I I Je dcmRgtnm•mrA2 AW 't3T IBCL'� 2.771/3 BF.X (D77 FT.) % 09>Ha71CU.Fr. �TL f01J1101 , N/O/F I USE-(II W-VOIAYLTERPOOL SreRMMR�^SIN IAn1•EISD j••2D-0- 1-r.'XI""SOUD DOME. 5L2 CU FT. •^-••nac Jo ANNE P.BRAGONIER muKlrmuRlmrtoelwmeenlFFS f•r-0•XA'-0-eouowALL RING. t90.1 Q1.FT. e LINDA M PRICE APFRDAD1011MISTWLT06Dl 1-a.VX-.VSTORNCRAW RING• 1P0.1CU.FT KOwm Ge_AI-PUl nRN/,/3W > �1uw Fr. PARTIAL PAQYInm SITE a n �mm�rnm n A 6R wA+n 431 A CU.FT. AIa7711 CU F. PLAN �FEa•tl cxruP:Y aenNeme f9 ain PUBLIC y Ue•QAVPsrI'fi+mR °d> ��°I STORYDNAIN AREA X RAINFALL X RUNOFFFACTOR `-- - 4 p T1�L SITE PLAN u��nR@a � 3•10248RX (2112FTt X DA•46EA ICCUD.FT. sc ,P � .> USE-11t 1a-0•DIANETERvaQL arneR nR>Ux NLLTIN6re °�"'� I.10'-0'X]'•6•EOI.IO DOME• f0a7 CU 1.10'-0'X2'4.BDW WALL PING. 201.3 CU.Fr. I•IB•-0•xr-0•STORMDRAWRING• 25s.5euFr. 519J CU Fr. REQUIRED BRIDGE LANE 5192 CU FT. > 404AI CU.FT. Add�b I� RECEIVES 5 NOV 0 5 2015 • BOAR® OF APPEALS PLANNING BOARD MEIVIBBR.S OG P.O.Box 1119 JERILYN B.WOODHOUSE � yJ� Town Hall,63095 State Route 25 Chair w x Southold,New York 11971-0959 RICHARD CAGGIANO • Telephone(631)765-1938 WILLIAM J.CREMERS ifi ��. Pax(631)765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 5,2004 Ms.Nancy Steelman Samuels&Steelman 25235 Main Road Cutchogue,NY 11935 Re: Amended Site Plan for Bedell Cellars Located on the n/s/o NYS Route 25,approximately 566'e%o Bridge Lane, a.k.a. 36225 Main Road,Cutchogue SCTM#(s)1000-85-2-10.2,10.3,and 97-1-25.1 Zoning District: A-C Dear Ms.Steelman: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday,October 4,2004; The final public hearing was closed. o?'lO WHEREAS,the proposed site plan,to be known as Bedell Cellars Expansion 5/04, is for an expansion and addition of 4,602 sq.ft.to an existing winery on a 49.32 acre parcel in the A C Zone; and WHEREAS,Bedell North Fork LLC is the owner of the property known and designated as 36225 Main Road, located on the n/s/o NYS Route 25,approximately 566'e%Bridge Lane on NYS Route 25,a.k.a. 36225 Main Road in Cutchogue,SCTM(s)1000-85-10.2,,10.3, and 97-1- 25.1;and WHEREAS,on April 3,2002,the Suffolk County Department of Health Services approved a Permit Number C10-01-0012;and WHEREAS,on June 7,2004,a formal application for approval of this site plan was submitted; and WHEREAS,on June 15,2004,the Architectural Review Committee reviewed and approved the site plan and the Planning Board has accepted the recommendation and condition;and WHEREAS,on September 13,2004,the Southold Town Planning Board,acting under the State Environmental Quality Review Act,performed a coordinated review of this Unlisted Action.The Planning Board established itself as lead agency,and as lead agency,made a determination of non-significance and granted a Negative Declaration;and RECEIVED NOV 0 5 2015 r BOARD OF APPEALS Bedell Cellars Expansion —Pa-ge Two-1015104 WHEREAS,on September 14,2004,the New York State Department of Transportation reviewed the project under the case#04-243P and indicated that this does not require a Highway Work Permit and the Planning Board has accepted this recommendation for approval; and WHEREAS,on September 17,2004,the Southold Town Engineer reviewed and approved the site plan and the Planning Board has accepted his recommendation for approval;and WHEREAS,on September 23,2004,the Cutchogue Fire District indicated no fire well is needed and the Planning Board has accepted the recommendation for approval;and WHEREAS,on October 4,2004,the Southold Town Building Inspector reviewed and certified the site plan;and WHEREAS,the Southold Town Planning Board,pursuant to Chapter 58,Notice of Public Hearing,has received affidavits that the applicant has complied with the notification provisions; and WHEREAS,all the requirements of the Site Plan Regulations of the Town of Southold have been met;be it therefore RESOLVED that the Southold Town Planning Board grant final approval on the site ptp!n prepared and certified by Nancy Steelman,Architect,dated May 21,2004 and last revised June 24,2004,and authorize the Chairperson to endorse the final site plans with the following condition and subject to a one year review from the date of the building permit: 1) All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways.Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries.The lighting must meet the Town Code requirements. 2) Extend the split rail fence on the west side to NYS Route 25 from where the evergreen screening ends to the road. 3) Add additional landscape evergreens to the north on the west side of the parking lot up to the point where the property boundary tums west. 4) Install split rail fence on the southwest property line from the evergreen shrubs to the furthest west property line. Enclosed please find a copy of the approved site plan for your records. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B.Woodhouse Chairperson encl. cc: Tax Assessors Building Department Town Engineer/Town Highway Supt. I Aill A&AG. P- . .......... PROPERTY. =5 MAIN E.NY.11935 ADDRESS CLITMOGURCAD 'OWNER. ElLNC m mc 831.025 MAIN ——————— —————————————— CuTcmwur�Ny.I"Jam All 4- W ppAr SURVEYOM- JOSEFHA.,NGZGNO 9 Y m 1111901 DATED DECEMBER 23,1097 l3w, ZOIUNa. A-C Iy SITE. 4942 ACRES I 2.1522=33SCML REA N EXISTING GARDEN A LOT: 113%ACTUALI 20% :t IIICOVERAGE NOTES: THE LOrATIONS OF LLS NAX M .11 LLS AN AN CESSPC ILS SHOWN ON TGF"I ORAJN FROM F 40 R __LL_ I OBSERVATIONS AND OR DATAF& DATA BTAJNEO . ...... I.. FROMOTHERS. 7 0 w PARKING CALCULATIONS RESIDENCE2 PER RESIDENCE 240SPACES LU tWINERY.o 745 SF.01 PER 100 SF. 7A5SPACES TASTING ROOK: 1.872 SP.0 1 PER200 SF. BJ45PACES _J TANK 1 TAN ROOM: 50708F 0 PERS008F. 10.14SPACES DASEMERTSTORAGE- $30 SF.a1 PER11000 SF. M SPACES Z LU CASE STORAGE. 3.200 BF.0 1 PER 1.000 aF. 3JO TA SPACES COVERED A31INUAREA 2.009 SF 0 1 PER 200 SF 10 PACES M ARG r 4100SPACES Lug Tqs�-EIQSTINS • • I ( TOTAL PARIUNG SPACES REQUIR SUBTOTAL ES Tmr;-6RZ-7- ' * * - - ED 43SPAG TOTAL INCLUD IN EYJGSTIXG11ANOICAPPEDPARKINQ S AND PROPOSED PARKING P.E.-AS SPACES 2PACES TRUCK PARKING AND LOADING, LOADINGDERTHS IPROVIDEDIIREQUIRE0 DRAINIAOF rAl CULATIONs L ROOlA4MgN�j.2jA"KROOM-D AN NALL . RU OFF FACTOR 5.19ISF.X (2112FT) X 1.0 883.15 CIL FT tl USE'0) XW-V DLAMETER POOL swaumBAR43at= 4 5412 CU.Fr. =XV�SOLIDWALL RING- log ICU FT 4. A _4240 STORM DRAIN RING- j2jL0,Fr. Ul CfWSy SE W. IG" A C IT. lVCU_-.X2-&ll6..U.FT­ 6115.116CU". MAMNIA- =18. . Q ROOF AREA FF NEW COVERED TASTING AREA ; ARtA X RAINFALL X RUN FFFACTOR PIN py ZOJOSF.X (2112 FT.) X I a.3=CU FT -PROPOSIZILWASTE I; USL(2)r-Q*OLVAETER POOLS lIMLMMLL4UWM .19960H r�Cecs-s f_J SL2 CU FT. of.1. I-ar4r,Xl-6`STOAM DRAIN RIN.._JUILDIU�M rA...m It-21— TAM, 222.2 CU.FT. L EAC H I N&JF0Q0L5-MTPA (SWK CU.Fr.. UTIR 0&ft% 222 RRUMARX 2 4414 .11 ABS CU CRUSH A AREA X RAINFALL X RUNOFF FACTOR y pY LINE 2.713 4 8F.X 12112 FT.) X IJI.,UQMCU Fr ­ —2007C USE:(I)10'-VDIAMETERP00 11:11tr4 XX3`e'SQLIDDOME- iDIL7 CU. Fr. mmssm" 0'4: X-C*SOLID WALL RING- 205.3 CIL FT. SMICU.FT. WOE PRGNUFF 6MI CU FT. 4REQUIRE, JO ANNE F.SRA60NIER ""'C"T. 4 LINPA M PRICE ,,W,8RXWGARLA AREA X RAINFALL RUNOFFFACTDh 2.77tA38F X (2112FT.) X 09-411TICII.FT U.SE�.(IIW4-0 ETERPO OL 2laaMMRo&IWc_u(sFnTr= PLAN PARTIAL SITE PLAN 1.3%r X ra.SODuID WAm !No. Ig42 C . P I-W-VX4-S`STORM DRAIN RING 434AC FT R"U'R' C3 A A CU.Fr A II&TI CU,Fr. BRI05E LANE ED W)V"91 t • y , PLANNING BOARD MEMBERS �5�FF0(kCOG P.O.Box 1179 BENNETT ORLOWSKI,JR. `�Z` 'y Town Hall,53095 State Route 25 Chairman a Southold,New York 11971-0959 WILLIAM J.CREMERS � KENNETH L.EDWARDS � Telephone(631)765-1938 GEORGGD G TH,JR. .j� aO� Fax(631)765-3I36 RICHAR IANO EcEYVE® e�1t PLANNING BOARD OFFICE TOWN OF SOUMOLD Nov 0 5 201.5I ^�� BOARD OF APPFAL.!,7 May 14, 2002 Ms. Nancy Steelman Samuels&Steelman 25235 Main Road Cutchogue, NY 11935 Re: Proposed Site Plan for Bedell Cellars Located at 36225 Main Road,Cutchogue SCTM#1000-85-2-10.2 & 10.3 and 97-1-25.1 Zone: A-C Dear Ms. Steelman: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, May 13,2002: The final public hearing was closed. The following resolution was adopted: WHEREAS, Michael Lynn is the owner of the property known and designated as Bedell Cellars, located at 36225 Main Road in Cutchogue; and WHEREAS, this site plan for Bedell Cellars is for a 4,669 sq. ft. addition to an existing winery; and WHEREAS,this site plan was certified by the Building Department on May 9, 2002; and WHEREAS, the Town Engineer has reviewed the drainage calculations and the Planning Board has accepted his recommendation forapproval; and WHEREAS,the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on January 14, 2002; and WHEREAS, a final public hearing was closed on said application at Town Hall, Southold, New York on May 13, 2002; and RECEIVED Nov 0 5 2095 Bedell Cellars—Page Two— May 14, 2002 �- BOARD OF APPEALS WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the surveys, dated October 31, 2001, and authorize the Chairman to endorse the final surveys subject to a one year review from date of building permit. Enclosed please find two copies of the approved site plan; one for your records and one to be submitted to the Building Department when you apply for your building permit. Please contact this office if you have any questions regarding the above. Very truly yours, Z o Bennett Orlowski, 10 Chairman Encl. I F,Ait NOV 0 5 2015 OARD OPAPp$e l PEALS 0 0 - 00� S A M U E L 5 A S T E E L M A N March 19, 2001 Mr. Ray Fedelem Suffolk County Farmland Committee c/o Suffolk County Planning Department P.O. Box 6100 Hauppauge, NY 11788-0099 Re: Bedell Cellars-Cutchogue Suffolk County Department of Health Services Dear Mr. Fedelem, Our office has made an application to the Suffolk County Department of Health Services for a new sanitary system for the Agricultural Building at Bedell Cellars. The Farmland Committee approved this.building at their meeting on July 25,2000. Upon receipt of the SCHD's"Notice of Incomplete Application" and subsequent discussions, they noted that the calculation for allowable density for the sanitary and waste water flow (300 gallons per day multiplied by the total number of acres) would need to be changed to exclude the acreage where the Development Rights have been sold. For the purposes of our current application,this change does not effect us. But looking into the future,this interpretation would greatly effect our proposed expansion to the existing Winery. The Winery is located on 2.6 acres of land where the Development Rights have not been sold. The allowable density (300 gpd x 2.6 acres) for the sanitary and waste water would be 780 gpd. The current sanitary and waste water flow is 1139 gpd. The proposed expansion to the Winery would require an additional 1306 gpd for a total of 2445 gpd. This proposed increase in sanitary and waste water flow would greatly exceed the allowable density. If the allowable density calculation utlIlzed the entire acreage(300 gpd x 49.42 Acres)the allowable would be 14,826 gpd . The proposed increase in sanitary and waste water flow of 2445 gpd would be far below the allowable. IS:SS`.-AIN R{)AD CUTICriOGUE NEW YORN �a (b:'i'3-1•u)C PAX;mt i -,:a.r,.p•, 9� %VC1 NVIIn331SS-1MMS :.�'�_'.F��'9 771:7' ,'i•Et�,b'f'I r D y� S" g' NOV 0 5 2015��� BOARD OF APPEALS In recent discussions with the SCHD regarding this matter, we have been told that our application for the sanitary system for the agricultural building will be processed with total acreage allowed in the density calculation and that they are having " further meetings" regarding the density restrictions on the acreage where the Development Rights have not been sold_ In discussions with Mr.Benny Orlowski of the Farmland Committee, he suggested that we send you a Site Plan and an explanation of our concerns with the Health Department so this Issue could be placed on the Agenda for the Farmland Committee's meeting on March 27, 2001. We would appreciate the Committee's consideration and input with the Health Department on this matter. If we can answer any questions please do not hesitate to call. Sincerely, zMr, Steeim Architects te�I an, R.A. hael Lynne, owner 90 39V8 hltlW-1331SSl3nWtiS t_Eh9bE 9;9 "7:71 ZC4AZltZi"t PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. Gy P.O.Box 1179 Chairman Town Hall,53095 State Route 25 WILLIAM J.CREMERS y Southold,New York 11971-0959 KENNETH L.EDWARDS 0-0Telephone(631)765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631)765-3136 RICHARD CAGGIANO �.( `t►a T RECEIVED PLANNING BOARD OFFICE NOV 0 2015. TOWN OF SOUTHOLD / I January°31,2002 BOARD OF APPEALS Ms.Tanima Adhya Suffolk County Dept. of Health Services Office of Wastewater Management Suffolk County Center Riverhead,N.Y. 11901 Re: Site Plan for Bedell Cellars SCTM: 1000-85-2-10.2& 10.3, & 1000-97-1-25.1 SCHD Ref.#C10-01-0012 Dear Ms.Adhya, With regard to the above referenced project,we have been asked to respond to your inquiry concerning the SEQR review of the basement area under a portion of the proposed 4,669 sq. ft. addition to the existing winery. A careful and complete SEQR review of this proposal was performed, and as lead Agency,the Southold Town Planning Board issued a Negative Declaration on January 14,2002.The environmental impact of the basement area was a part of that determination. It has been the policy of the Planning Board to consider basement floor area, especially within wineries, as storage areas integral to the wine aging process,but not buildable floor area.. While occasionally viewed by the public,these basement areas are not a critical site plan element.In fact,in this project,a large portion of the surface area of the addition is dedicated to terraces just above the basement.The Planning Board considers this feature an enhancement,which contributes to good site planning. We hope that this clarifies this matter,and will help complete your review. Sincerely, Benue lowski ` Chairman =r. IONISED, Le= WO/P I NILDA JIMINEZ, JOSam REILLYcog {q o � ® .� APSOOTPE1D0:5Y4 � _ a QW AREA#2 tv m I + 2 561 � AREA#3 � � ,�• ! +�\ �„ � ma 'w , 1VON I A.IE¢P.BRA6Pl Bl �LVyA1L PRICG I ^^,�' i •ffie 6UWeLMX �� i �� �i.C'-- Ad mialwu WOA• ` -Pyd�� ! .Pu-w A.pa .•-nsl-R.a !ram c m1°Oa ,t .. t ,Ep ,^0• `� ,�„ FOR ADDITIONAL INFORMATION �,,>•.,:,: "-•�-•Y �� •-• KEY MAP SEE 514wr NO I y:. • 8CA1E "°°-0• SANITARY CALCULATIONS-AREA#1 y< AREA N-SCTN/1000.9E-1.05.1• 7.6/ACRES .]S• 99 AI(EA/]-BCTM/1009-a 0.3 4LUACRE8 IDEVELOPENENT RIGHTS SOLD) plLROLOGICZNE: IVOW:0OIACRE SB1-1,SBEOPG W.I. 9� AREA/]-BCTM:I000.85•L1D1- 429ACRE8 �17 IE XIS11 TE91GN ENCE 1.EXISTWC EXISTENCE ]DOA CPO SW tl ]W NERY(EXISRNCAPROP09ED) fAlll!CPO BUILDING AREAS TGTAI ARr•!/aEWAGP TESION RMN 1.]I].1/DPI QM• EXISTING RESIDENCE:- 1,I7ASE yy. -� EXIST.WNEYARD BUILDING:0.100.,.E )p@IEBu6TA0 IGu Gw AC nex JO' • _ ICES 10 ' _ WINERY. IJ'MIN. EXISTING: B.ISBSE• y all ICEI(OOFOPDIF) ]STD CPD PROPOSED: O O5OPO X!9!BF•]STOOPD MAX RRWr FLOOR: A./TOSE / BASEMENT:, T.1TA9E SA LES/TAbRNO BOON(0.10 GP0137) 03f10PD fI OlD GPD X S,O1]SF-=HJGPD AT I , wF wPp TEST HOLE BYNEBONALD • 00]OPDX�SSIMR (9F°-187.03CPO 1N9DGPO r t � +O O, GEDSCIENCE ,� ss 1 % TESTNOLE DATA TN0001 GRAGEELEVATIDMN R. STORAGE(004 GPDISF) InMGPD y ®D30�1® w^ OW GPO XO,]OO SF-1]LGO CPD l0A ®0E No D eu °STORAGE(O O/GPDISF) 1T10B GPD 0. `-_ OO/GPDX-.]/75F-371/EOPD A GE w/AuunPummn A YlnlupwbmwAwn-N- MECHANICAL OA�OPOSp S.MOPD ECKED BY:B DA/GPD%01A /Al GPD PALE BROWN .E TO O Q A TOTAL PEWAG DERIGN FLOW FOR WINERT.LIBI A GPT OAT ry ggg RmoucapnBTPARImbaxruTHLTRvvA _ _ CONAIENTe NOWAIER EN COUNTERED APPOImE1Ha:G1w01vI0A9ii—O eAN TOTAL OEYlACf1 DESIGN FLOWGORwWERY SCALE:- fIAPk7No C/0--^-b AYS-XGPD Ell 9•MIN. NOSCALE 1Tvfi aJMM,Impa., ONEETTITLE: S11110 TDIA EMRX OFT%SDATS-].0]ATANK 2 ��..• Loe Y ^�' mil.alHe PIALL Tnb avmn b0-�mbfo wrsCmtlb�1 (1110ROIANETER:pFi XEyi0NT8EP11 e1Wv m] GALLON 6RAOC LIVE XL VATION],pb FT LEACH ,+• e'DIA °* 14-Nw�yFYlemRR�Fp1b ARfew 0)8 F1DPDI1d EFIOPD PT HEIGHT 'MIN J'MAJC TtlPRGtltl,IDUL/Am:E1 U'ib plbTlmopo✓ SITE q 14p^oA,mJpo-tlmp lm N (710 RDWILRERX IlORNEIGNT LEACHING PODIA-901d BF. QQ NavPr. rrwRal°rv'iN nm�m.u EiDm!!`ROSNm a PLAN' I e•RT. APR 0 9'NOZ—% SEPTIC LPOOL 6 are mutuRA J +^�'•-'�-'s X R. TANK r.99, POOL WAS:[F WATER PRiXERMENTATIOOC SSINC-FOR WINERY SHEET NO: Ob .+a1°,.•o-u rb v,w E^�""-u.^' IS'S'1 IO•5e.•IS zCRUSN.GOFN-WASHOOWN OPTANNS lOO OPO 1CRU8HOi00F CRAPES y00P0 S PTIC AN emToWA-J '"""'•"`a �J Te rt LEACHING POOLAREA REQUIRED FOR WASTE WATER PROCESSING O TYPICAL LEACHING POOL DETAIL SEPTIC PROFILE P.O'"(1)0 FT ANL:TCR X IO FTFAC HEIGHTLHWG POOLS-0005BF • N.TS (N.T.S.) PROVIDE SETTLENENT TANK(BIHMRTO GREASE TRAP)FOR WASTEWATER TREATMENT,USE/RDIAMVMRX 5 R LIQUID DEPTH. • 1 5T 4M 55D'DD ttaY3 - 62/.42 9bV•IdEDS - 69930 }NIHBO'L, - Bp1.(9 9=A•2fwm _ •DOSA 5.5,•O3ltz"- 238.19 }SI.2]'SO.O I Q S -14, ® SEE INSE n :,. W, IY R !"1 b ,1 EXISTING NI J ZONG. 2f:710'NTIAL�AGRICULTURAL b (�..wp�, `¢ t ® ® SITE PLAN _ z tv ra� t B e N 3MdY37W.-2/A.0 ZBI.- ^� V zzym"DW91C! I J N93'30'BOW Y C� �FooreR - IL NSD•1.1'10'W. HDD•,OBmr. F 1%3I N63DOY.D9 I I '1L� I 9 i a 7 I 6 I D i •! 3 _ I 6D]2 71aTHlLL �+G \ i •DUBWVISION' MAF OF IBlfA4 ACRBD• - �$• m F!Y W OMAN I HMICOC'A' � LINONDE I �' \ - -, _ _ -. azelel lfb•.r - .. _ _.__. Mtl Su,xveVGO ' •�t Tdfel Arena•1912]Ac. , _. - ---• -• - D, eN•N.e. �OHN_C__�_SUSAN•BEDELL .'� AT b•lmr flt,e CL CHOGUE - '\ Tow"av S'OU-H ,N.K Eyio mL.lr�Aa'Kiiw+wA,•,{•.f b ).ri.. ' Dpur!{y TH4,6/r�Iy�"tiQ1Y • AM.aa�e,rD ae.l e.¢4. a.,w-s'vra5�w� - _ -• ; ,} _a1fJo1¢C4unly TM Mpp Dnlgnalanl \, DI,/lDDD.9,MOD}daft 2,R11D _I '1 rl, a •.. "- $y�,D.' ' t NOTE o , I "I DUILDIN4b bNOWN 42C Da,>T'7 L D¢A,NA4E FO¢--1,ADLp{Y¢DDP. OP9 �' wnr,na r.s..n ria. �! O 3,NO DATCM BAD,Nb q¢q DIRIP 1 •,[n[ cc AMROVM BY Dwxra MARD 5 ~,ar •• ® U ' i Z Tow:4 W so;mfoul a N`.r 4 i. a. ~- •• M-IW -�l'�µ r"' F 0= eeua.cr 4uenca w'c • lwrn h ' - Aa4 Y..1.1 n.. a, �\ e • "An wl Pit1W*&Ell PAQKING AREA L.EC]ION LOCATION UA I1121VL._. a•+•V ..o a.,�a.. I - --yJA Lf T.ND tar e•d [uLe•i I.Dao i1 nCAIn I•+IL'' � __C__.caul eae[LILT •E pECONIC ASSOCIATES Inc. BEDELL VINE"ARDS NUIE• PROPOSED CUTCHOGUE,N.Y V,M, ,, t• .•/rME GDIGLI,II[e —D—e[,u6R 4Ffi consultants _ ..I TMF TOWN OE E^J„•OLC SITE PLAN A>>NowN -•>-,>_ea Ou Dbbtb[Alley P.O.Doc 87]•9nanpbnl,N.Y.1 ON y-p-�, ful,E I — '•'i'L"'�44AVIL Dw[MCNI 1 316-477.0070 ' E-ID•BG"ry VCLJ oS�FF��co, BARD OF APPEALS � Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.L. N.Y. 11971 TELEPHONE(516)765.1B09 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3451 Application Dated January 7, 1986 (Public Hearings 3/13 and 4/3/86) TO: Peconic Associates, Inc. as Agent [Appellant(s)] for BEDELL VINEYARDS P.O. Box 672, One Bootleg Alley Greenport, New York 11944 . At a Meeting of the Zoning Board of Appeals held on April 16, 1986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X] Request for Special Exception under the Zoning Ordinance Article III , Section 100-30(B)[14] [ ] Request for Variance to the Zoning Ordinance Article Section [ ] Request for Application of BEDELL WINERY for a Special Exception to the Zoning Ordinance, Article III, Section I -30(B)[14] to establish winery use from grapes grown on the premises, 36225 Main Road, Cutchogue; County Tax Map Parcel No. 1000-85-02-10. WHEREAS, public hearings were held on March 13th and April 3rd, 1986, in the Matter of the Application of BEDELL WINERY under Appeal No. 3451 ; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted for the record that no public opposition has been received; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, as well as the surrounding area in this Residential and Agricultural Zoning District; and WHEREAS, the board made the following findings of fact: 1 . The property in question is located in an "A-80" Residential and Agricultural Zoning District having frontage of 480.73 feet al-ong the north side of the Main Road (S.R. 25) at Cutchogue, with a total area of 49.427 acres and identified on the Suffolk County Tax Maps as District 1000, Section 085, Block 2, Parcel 10. 2. The subject 49.427 acres is improved with the following structures as shown on survey dated January 30, 1986 prepared by Roderick VanTuyl , P.C.: (a) two-story, single-family frame house set back 16± feet from its front property line along the Main Road; (b) agricultural accessory stand set back 20± feet from the front ,property line; (c) accessory greenhouse structure located in the rearyard located approximately 21 feet from the rear of- the existing dwelling; (d) two accessory shed structures and barn located in the rearyard area; and , (e) the subject barn proposed for winery use.` (CONTINUED ON PAGE TWO) DATED: May 14, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form .ZB4 (rev. 12/81) RECEIVED L9P Page 2 - File No. 3451 NOV 0 5 2015 Matter of BEDELL WINERY/VINEYARDS�� Decision Rendered April 16, 1986 BOARD OF APPEALS 3. This is an application for a Special Exception for a winery for the production and retail sale of wine produced from grapes primarily grown on the vineyard at these premises, as provided by Article III, Section 100-30(B)[14] of the Zoning Code, and to be located within the existing "barn," consisting of an area of 7,172 sq. ft., with 104 sq. ft. for office and retail , and 7,050 for production and storage. 4. It is the opinion of this board that the use requested is in accordance with the intent of the Zoning Ordinance, Article III, Section 100-30(B)[14] and will be limited to the production and retail sales of wine " . .produced from grapes primarily grown on this vineyard on which this winery is to be located. . ." and does not permit the sale of grapes imported and/or processed, or wine, from other than the vineyard in question. In considering this application, the board determines: (1 ) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The board has also considered subsections [a] through [1] of Article XII, Section 100-121 (C)[2] of the Zoning Code. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was ,RESOLVED, that a Special Exception for the production and retail sale of wine in the subject winery barn structure located at the subject vineyard known as "Bedell Winery" BE AND HEREBY IS APPROVED as applied under File No. 3451 in the Matter of the Application of JOHN AND SUSAN BEDELL/BEDELL WINERY, SUBJECT TO THE FOLLOWING CONDITIONS: 1 . Production of wine and storage are limited to the area as requested of 7,050 sq. ft. ; 2. No sales of items other than wine exclusively processed and produced on the premises (no gift shops, etc. ) ; 3. Any modification of plan granted hereunder or expansion of use will require additional approval by this board (Article III, Section 100-30(B)[141) and subject to site plan approval from the Southold Town Planning Board in accordance with Article XIII. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Doyen. (Members Douglass and Sawicki were absent from vote. ) This resolution was duly adopted. 1 k GER RD P. GO H N , aN May 14, 1986. _ RECEIVED } FORM NO.3 NOV 0 5 2.015 BARD OF APPEALS TOWN OF SOUTHOLD © BUILDING DEPARTMENT SEP 2 5 Ina TOWN CLERK'S OFFICE SOUTHOLD,N.Y. s NOTICE OF DISAPPROVAL Date 19 Cl. To7, C.�/—'6- 14: Ca 07 ass,. . . �7� .�r ,�.✓.".,. N.:Y.. . . . . . . . PLEASE TAKE NOTICE that your application dated . ..r;&7e?j�F �c{r3cc/1. ., 19 for permit to &jAt ..&Te T.,FX(5. /, !l4&.Z S. .. .. . . . . ..,.�. ..at Location of Property -.%WWI . . . . . . :�. House o. Saner Hamlet County Tax Map No. 1000 Section . . O.< . . . . . Block . 0,:v). . . . . . . . Lot �0. .. . . . . Subdivision. . . . . . . . . . . . . .. . . Filed Map No. . . . . . . . . . . . . . . .��.��Lot No. . . . . . . . . . . ..7.. . . . . . . . . . ... . . . . is returned herewith and disapproved on the folio ing grounds .�.r�i:`(/. 4..1 . �U�. �?&"'VC , _ac C7p,P71.0". . rY. . . . rFK iW,6 . X4 k.=. . . . . . . . . . . . . . . . �.::3Q. . ... (op ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 , r 1. 1000-51.-3-5 - One Woman Vineyards, winemaking facility is located 60 feet from Old North Rd REO�Iv E® MMM' J Y BOP -� . ry 2. 1000-55.-2-9.4 - Two agriculture barns (1) 2600 square feet, (2) 1400 square feet, both 40 feet from Youn s Ave. IECEI�IE of ti 3. 1000-54.-7-21.6 - Bahavna Berries - (1) 2200 square foot building IeW4tTT�RD tPl+ feet from • • EALS }M �,;,.> ,eft ak ���►^. 1 .. .a: �'' .r,� ; ' r * s � -� � ♦�.•� Iris ^ .�iH h .:T'"'T�'.• ��- �- t � •• �~ r �' 'tip '^� r � -i r 4) 1000-54.-3-24.4 - Old North Road. Farm Structures less than 25 feet from Old North Road. t 4.5 ja x. (RECEIVED � p1� BOARD OF APPEALS e— CPO Close Full Screen S�oe1Nt n v e' 4 ■ J WptleU G20`SGrry'4 aue^p":^'>0)!a'G, New rai GAS 1 20 T— We envp loot Output : Total Area(s) 43828.16 m+ 0 04 kma 10.83 acres 4.38 hectares Mom/ 471762.37 feet' 0.02 square miles 0.01 square nautical miles ® _ 7 ll— w c O w O r m a t Parcel: 1000-75.-2-2.6 Acreage 28.40 Class Acquired Development Rights Land Use Agriculture Protected Peconic Land Trust Easement Community Facility C P F RECEY\j Ag District Info 130�,RD OF APPE�L� Zoning AC Zoning2 Freshwater 0. 53 Zoom to BOARD MEMBERS Southold Town Hall 53095 Main Road-P.O.Box 1179 Leslie Kanes Weisman,Chairperson � ® Southold,NY 11971-0959 Eric Dantes 'Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �® ,�\�® 54375 Main Road(at Youngs Avenue). Kenneth Schneider Off '�`V Southold,NY 11971- http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 5, 2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 63095 Main Road, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 5, 2015: 2:16 P.M. -_SOUTHOLD FARM and CELLAR, INC. (MEADOR) #6861 — (Adjourned from 8/20/15) Request for Variances under Article III Code Section 280-13A(4) & 14, and Article XXIII Section 280-124 and the Building Inspector's April 9, 2015, amended June 19, 2016 AMENDED September 10, 2015 Notice of Disapproval for a building permit for conversion of an existing building to a tasting room and construction of a new winery building, at: 1) (winery building) less than the code required minimum setback of 100 feet from a major road, located at: 860 Old North Road Southold, NY. SCTM#1 000-55-1-7&8.3 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Tothe-Town.Southold.ny.us Dated: October 5, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 N uTIr:. E UF HEARiNii The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Ro ad, Southold: NAME SOUTHOLD FARM & CELLAR INC . ( MEADOR) #6861 MAP # 55N= 1 =7 55mml =8m3 VARIANCE SETBACK REQUEST TASTING ROOM/NEW WINERY BLDG . DATE : THURS, NOV. 59 2015 2NE15 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765= 1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, -P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: Lq://southtown.nortlifork.net October 5, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, November 5, 2015 Hearing Dear.Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before Ocotber 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If, you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, You are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of yourability. and to confirm how arrangements, were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than October 26th: Please either mail.or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. -If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later October 28th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven e(7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public.Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. -If'you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before November 3, 2015. If you are not able to meet the,deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends 0911812015 13:06 (f AX) P.0011001 RECEIVED PATRICIA C. MOO RE Attomey at Law 51020 Main Road SEP 18 2015 Southold,New York 11971 Tel:(631)765-4330 BOARD OF APPEALS Fax:(631)765-4643 September 18, 2015 Attn: Vicki Toth Z13A, Town of Southold Main Road Southold, NY 11971 RE., SBA.APPEAL 6861 (Meador) Dear Chairman Weisman & Board, With reference to the above, please let this serve as our request to adjourn the carry-over hearing from October 1, 2015 to the November calendar, or such carry-over date as the board deems appropriate. It is my understanding that the Lathams have a filed an appeal to our amended notice of disapproval. Would you please provide me with a copy of any paperwork filed by the Lathams. Thank you for your continued cooperation in this matter. PCM/bp LA �a Allison Latham RECEIVED Scott Latham AUG 2 0 2015 1 1755 Old North Road Southold, New)76 00k 11971 ZONING BOARD OF APPEALS August 20, 2015 Southold Town Zoning Board of Appeals 54375 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Southold Farm & Cellar ZBA File No. 6861 SCTM# 1000-55-1-7 Ladies and Gentlemen: I am writing to the Zoning Board of Appeals, "Board", in response to the Applicant's presentation at the public hearing on August 6, 2015 and the submissions and supplemental memorandum of Applicant's counsel. I submit to the Board that the Applicant needs the variances requested, does not meet the balancing test with respect to any of them, and has submitted no evidence to support any of its claims. All of my arguments as to the balancing test and other aspects of the application for the variances in my July 31, 2015 submission to the Board remain valid and will not be repeated at length herein. A. THERE IS A NEED FOR VARIANCES The Applicant has asserted that there is no need for variances from the area requirements, front yard setback, and rear yard setback. These assertions are without basis, as I describe below. 1. THE NEED FOR A VARIANCE FROM &280 14 Applicant asserts in the alternative that there is no need for a variance from §280-14 since it does not apply to the A-C zone in which the Applicant's property is located, but, if there is a need for a variance, a grant of the relief requested would result in an operation consistent with certain other wineries in Southold Town. Both assertions are without basis and should be rejected, as I describe below. a. THE BULK SCHEDULE REQUIREMENT OF 80,000 SQUARE FEET PER USE APPLIES The Applicant asserts without any legal support that the only district within the Town of Southold that is subject to an 80,000 square foot per use requirement is the MII district. This assertion completely ignores the operative provisions of Chapter 280 of the Southold Town Zoning ordinance and should be rejected.' The Applicant's property is in an A-C zone. Thus, Section 280-14 sets forth the bulk area and parking regulations for premises and buildings in, inter alia, the A-C district. All such premises and buildings must conform to the Bulk Schedule and Parking Schedule. The Bulk Schedule, denoted as "280 Attachment 3"provides that in an A-C district 80,000 square feet is required for a use. The Southold Building Department, the Zoning Board of Appeals, and the Planning Board have uniformly applied the Bulk Schedule in this manner. To read it otherwise would totally gut Article III of any substance and result in the absurd situation where a single lot of 80,000 square feet in the A-C district could contain, for example, a single family residence, a winery, a nursery school, a cemetery, and a stable. The Applicant's argument should, therefore, be rejected. Since two uses are requested, 160,000 square feet are required and an area variance of 75% is required, computed as set forth in my prior letter. The Applicant cannot in good faith argue that the provisions of the Bulk Schedule do not apply to the area required for the proposed winery use. This is because the Applicant argues for the application of the front yard setback contained in the Bulk Schedule to afford it a 60 foot setback rather than a 100 foot setback. The Applicant cannot pick and choose which portions of the Bulk Schedule it desires to use. Moreover, the Applicant's property at approximately 1 acre is already 50% non-conforming in size. To permit a second use on such a non-conforming lot plainly invokes the provisions of the Bulk Schedule. A grant of the requested variances would indeed set a dangerous and undesirable precedent. b. THE CLAIMED COMPARABLES ARE NOT COMPARABLE The Applicant has asserted in its supplemental memorandum that its operation if approved by this Board will be similar to other winery operations in Southold Town. This assertion is simply not true. An examination of each of the claimed comparables reveals deep and substantial differences when compared to the proposed operation. Each of these comparables is discussed below. 1. Lieb Cellars: Lieb Cellars purchased the entire 13.5 acre parcel on July 24, 2000. On the very same day, Lieb Cellars conveyed development rights to the Town on 12.6 of those acres, leaving a .9 acre lot for its winery. This is entirely different from Applicant in two respects—a) Lieb Cellars conveyed the development rights to the Town, and b) the .9 acre lot houses Lieb's winery only, thus there is only one use. 2. Shinn Vineyards: Mr. Page and Ms. Shinn purchased the entire 22.5 acre parcel in 1999. In 2000, Mr. Page and Ms. Shinn conveyed development rights of 21.2 acres to the Town, leaving 1.21 acres with its existing structures and winery. This is different from the Applicant because Mr. Page and Ms. Shinn owned the entire parcel, and then conveyed development rights to the Town on a portion of it. 2 10 3. Sherwood House: The Smithens purchased an approximately 38 acre parcel in 1996.' They then conveyed the development rights on 35.9 of those acres to the Town, leaving a 1.98 acre lot for their winery. This is different from Applicant in that(a)the Smithens purchased the whole parcel and conveyed the development rights on a portion of the parcel, and (b) the remaining parcel which contains a house and a winery is basically twice the size of Applicant's parcel. 4. Bedell Cellars: This comparison is one of apples to oranges for three reasons. First, Bedell Cellars was created long ago under different regulations. Second, it is located on Route 25, a road with heavy traffic. Third, even if considered, the winery and single family residence are located on a 2.6 acre parcel, more than double that of Applicant's 1 acre parcel. 5. Raphael: This comparison is one of apples to oranges as well, as Raphael is located on Route 25 and the winery (and only the winery) is located on a 6.84 acre parcel. 6. Regina's Garden: This comparison is of no moment, as it relates to a farm office building, not a processing facility. In addition, the Board relied heavily on the fact that the structures had been existing on the property for approximately 40 years. In examples 1-3 above,the winery owners owned entire parcels, and then sold development rights of a portion of the parcels to the Town. The lots left for the wineries and existing structures were, therefore, a part of the negotiations with the Town for the development rights. Examples 4-6 above also involve substantially different facts. In contrast to all of these wineries, the Meadors purchased 2 separate and distinct lots with the benefit of counsel. They knew or should have known that the development rights on the 22.65 acres were sold in 1992 by the Dickersons. Thus, they knew or should have known what they could and could not do with the 22.65 acres. They knew or should have known that the 1 acre lot held a single family dwelling and barn and that it was a nonconforming lot. Finally, they knew or should have known that the 1 acre lot was grossly undersized for erection of a 3,600 square foot winery building. 2. THE NEED FOR A 100 FOOT FRONT YARD SETBACK FOR A WINERY Applicant's attorney argues that, as the term "major road" is not defined in the zoning code, the Old North Road is not a"major road", and that only State Route 25 and County Route 48 are major roads and, therefore, the 100' front yard setback does not apply. Respectfully, I disagree. While the zoning code does not define the term "major road", Section 240-3 does define three types of roads, to wit: "Arterial Street: A main street or highway carrying a high proportion of the traffic within the Town of Southold, and including State Route 25 and County Route 48. Collector Street: A street or highway which serves or is intended to 3 serve as a major collector road within the Town and which provides access to State Road 25 and County Route 48 from local streets. Local Street: A local street or road which serves or is intended to serve as the primary means within neighborhoods and subdivisions and which is the main means of access to a collector or arterial street." Pursuant to these definitions, Old North Road is a"collector street", as it connects directly to Route 48 and provides access to Route 48 for the properties on Old North Road, Lighthouse Road, and Mt. Beulah Avenue to name a few. One cannot get to the Applicant's property without traveling onto Old North Road. Arterial streets surely must be "major roads", as they include Route 25 and Route 48. I submit that collector streets are "major roads" as well, as they are imperative for access to the arterial streets, thus Old North Road is a"major road". Another example of a collector street would be Main Bayview Road. If the Board determines to interpret the term "major road" it should do so in this manner. Assuming the Board determines that there is no definition of"major road" and will not issue an interpretation, I submit that a winery must have a 100 foot front yard setback from M road and that the use of the term"major road" in Section 280-13 is without meaning. Practically speaking, it is far more important for a winery/tasting room to be set back further from the road in residential areas (such as collector streets and local streets) than on high traffic roads such as Route 25 and Route 48. Thus, a 100 foot uniform setback is the appropriate outcome. 3. THE NEED FOR A 60 FOOT REAR YARD SETBACK It is beyond dispute that unless the two parcels are merged, substantial rear yard setbacks are required. The offer to merge the parcels, subject to the ability to unmerge in the event of a sale without removing the non-conforming structures is patently absurd and should be rejected. The result would be to leave a grossly non-conforming structure on the 1 acre parcel. B. THE APPLICATION FAILS THE BALANCING TEST FOR THE REQUESTED VARIANCES 1. Contrary to the Applicant's assertion an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties if the application is granted. None of the Applicant's assertions as to this prong of the balancing test has any merit. An undesirable change will occur if these variances are granted for numerous reasons. First, there is no other building in the neighborhood that is as large or as close to the road as the building that is proposed here. Thus, a variance of the front yard setback will work an undesirable change in the neighborhood. Second, a 3,600 square foot building crammed onto a I acre lot which already holds a single family dwelling and barn is not in keeping with the neighborhood-at all as it constitutes a second use on an already substantially non-conforming lot. Most lots in the neighborhood are much larger, have a single use, and do not have near the 4 amount of lot coverage proposed here. Thus, a variance from the Bulk Schedule works an adverse effect on the'neighborhood. Third;the traffic and noise will increase not just due to tastings and events as the business grows in popularity, but also with trucks that would be required to deliver or pick up grapes, deliver supplies, service equipment, etc., and deliver or pick up cases of product. Increased traffic will also make Old North Road more dangerous to travel,particularly the intersection of Hortons Lane and Old North Road. Fourth, the Applicant argues, rather curiously, that if the proposed use were a non-winery use, it would be conforming at a 50' front yard setback. This argument is inapposite. Like it or not, the use proposed is a winery. As such, certain rules apply(the 100' front yard setback and the 10 acre rule) and they must be complied with. Applicant cannot continue to flip flop as to exactly what activities are or are not going to take place in an attempt to escape those rules. Fifth, the assertion that covenants and restrictions or conditions imposed by the Board would alleviate any potential adverse effects on the neighborhood is quite disingenuous, given applicant's conceded history of violating the Town Law with impunity. The fact that there is no criminal liability associated with violating covenants and restrictions or conditions renders them virtually unenforceable and of no effect. Certainly one who ignores rules with criminal consequences would have no difficulty in violating a civil covenant. Lastly, Applicant's desire to engage in agriculture is not opposed. They can farm their 22.65 acre lot and grow all the grapes they want. The Applicant's attorney correctly stated "...barns are not considered unsightly structures on farms." However, this is not the issue and this one acre lot is not a farm. Applicant should not be permitted to add a tasting room and a 3,600 square foot winery to their one acre lot in conjunction with that, as it will have an adverse effect on the neighborhood. The intensity of the proposed use mandates denial. This prong of the test applies not only to the adjacent properties, but to the "character of the neighborhood or a detriment to nearby properties". Although my property is not immediately adjacent to the applicant's property, it clearly is in this neighborhood and constitutes a"nearby property". Applicant has stated that it does not allow busses and limos and has, in fact, turned limos away. This argument misses the mark. What Applicant fails to realize is that those busses and limos will still come down Old North Road in an attempt to visit the winery. Applicant's website asks its visitors to please call ahead if they are a party of six or more. Couldn't that party of six or more possibly be traveling in a limo? Much ado has been made about the Meador family and them wanting to raise their two small children on their"family farm". My husband and I have been raising our two children in our home on Old North Road for almost thirteen years now. Our opposition to this application stems from our desire to protect our two children as they walk our dogs, ride their bikes, and otherwise travel Old North Road, as well as the value of our property. 2. Contrary to the Applicant's assertion there is another feasible method for the Applicant to pursue The Applicant asserts that its operation is small, yet no quantitative evidence has been adduced demonstrating that this is a small operation or would remain so. Assuming the operation is small, it plainly can be conducted elsewhere as it apparently has been done previously. No facts have been presented as to why this cannot continue. The Applicant further asserts that transporting product offsite for processing and sale is not a viable financial alternative for Applicant, but provides no quantitative evidence to substantiate that claim. No 5 CnfT�l I, V dollars and cents proof was proffered. Finally, there is no evidence of the need for a building the size sought. 3. The relief is requested is highly substantial The Applicant's attorney concedes, as she must, in her August 4ch memorandum that the relief requested is substantial. Incredibly, the Applicant's attorney simultaneously asserts in the "Area Variance Reasons for Southold Farm and Cellar Inc."that the relief requested is not substantial because the one acre parcel is adjacent to the farm of Applicant. Apparently the Applicant is incapable of adopting a consistent position. The simple fact, as recognized by the Board, is that the relief requested is substantial. In particular, the variances sought are: a. a 40% reduction in the front yard setback; b. a 75% or 95% reduction in the rear yard setback for the proposed winery (depending on whether it is located 15 feet or 5 feet from the rear property line); C. a 95%reduction in the rear yard setback for the existing barn/proposed tasting room; d. a 75% reduction from the Bulk Schedule requirements. 4. No adverse effect on the physical/environmental conditions stands. My argument as to this prong of the balancing test contained in my July 31 sc submission 5. Applicant's hardship is self-created The Applicant's attorney asserts in her August 41h memorandum that Applicant's hardship is not self-created because the"applicant acquired both the farmhouse lot and the adjoining vineyard as an integrated farming/vineyard operation...". This assertion is patently false for two reasons. First, the Applicant purchased the farmhouse lot while the adjoining lot was taken in another name. Second, the adjoining lot was not a vineyard at that time. It was fallow farmland. It had previously been a vineyard operated by the Campbells. The Campbells sold the vineyard to an entity which proceeded to rip out all of the then-existing vines. That entity never planted anything on the farm. Thus, when Applicant purchased, they purchased a one acre lot with a derelict house and barn on it and, in another name, a fallow farmfield. The Applicant's position on"self-creation" is as schizophrenic as its position of the substantiality of the variances requested. In the "Area Variance Reasons for Southold Farm and Cellar Inc.", the Applicant's attorney again contradicts herself and asserts that the alleged difficulty of Applicant has been self-created. This concession is plainly correct. The Applicant purchased the two parcels in different names knowing that they were purchasing two separate lots, one with the development rights sold. Indeed, they even went so far as to put the two lots in different ownership to avoid merger. 6 C. NO EVIDENCE TO SUPPORT THE RELIEF REQUESTED The Applicant has offered no evidence whatsoever to confirm any of the following assertions: l. Applicant asserts that its operation is small, but does not provide any quantification of what, exactly, "small" is. How will "small" grow over time? 2. Applicant asserts that processing and selling its product off-site is not financially viable, yet offers no evidence as to why or in what financial manner. Why can't Applicant continue as before off- site? 3. Applicant has never even indicated how and where it intends to bottle its product. 4. Applicant asserts that the 1 acre lot is "completely dependent on the 23.65[sic] acre adjacent parcel", but does not explain how or why. Apparently, Applicant's prior production was not at all dependent upon the parcel, as it did not bear fruit for winemaking. 5. Applicant asserts that because of the small volume and highest quality produced, Applicant must have on-site production for survival, but provides no evidence to substantiate this claim. Apparently this "high quality"production has been occurring elsewhere. No doubt, other highly rated wineries would vigorously disagree with Applicant as to Applicant's monopoly on "clean"winemaking. In addition to failing to set forth evidence sufficient to warrant relief, the Applicant has engaged in substantial double-speak and has burdened the Board with numerous inconsistencies and outright false statements. These include: a) The Applicant represented in its initial submission to the Board that the use of the property was as vineyard, farm and stand, home. Only the proposed use was a winery. At the hearing the Applicant had the temerity to assert that it had actually been operating a winery, although without revealing any details of the operation. This issue raises a very serious question as to the farm winery license obtained by the Applicant. The Board should insist on production of the application for the license to determine whether (a) the Applicant revealed to the State Liquor Authority that it did not have site plan approval for a winery, whether at the "tasting room" or the proposed structure, and(b) the Applicant revealed that variances were required for use of either structure as a winery. *\C$ b) Applicant asserts that(i) tasting is not a primary use, (ii) insinuates that tasting will be phased out, (iii) that farming in Southold is sustainable by the direct sale of the product, (iv) wine tasting is a support mechanism. How exactly does the tasting room fit into Applicant's plan? c) Applicant asserts that the proposed"barn"will (i) store agricultural equipment, the porch will hold juice containers for fermentation, and the interior will store bottles, and (ii) the "storage building will be used exclusively for equipment storage, wine storage and processing tanks, and the covered porch is the crush pad". The Applicant needs to clearly and competently state what is planned to take place in the building. d) Applicant calls the proposed building(i) an agricultural storage building containing wine processing equipment, (ii) a storage building, (iii) barn. What exactly will the structure be used for? e) Applicant states that(i) the volume of wine produced is very small, (ii) "we were borrowing space from a local winery and they've thrown up their hands and said `you're too big"', and (iii) the small volume produced and customized production doesn't interest other wineries to produce the wine for Applicant. Is the Applicant simultaneously very small and too big? f) Applicant calls itself(i) a"farm winery"which produces wine with an educational component for the wine enthusiast, (ii) a"boutique winery", (iii) a"farm family winery", (iv) a"boutique hand crafted natural winery", (v) a"very small boutique winery". The Applicant apparently has a farm winery license—that is what it can be. g) Applicant asserted (i) it has used some of the space in the existing barn for processing, (ii) it has done a little bit of processing in there, (iii) "technically legally the winery is already in operation", (iv) "we crushed, did some disgorging stuff, some other little winery operations, fixed a couple of wines". What has the Applicant done, and where and when has it done it? h) In testimony at the public hearing Mr. Meador states "we don't have to entertain people in order for them to consume our wine or to buy our wine", but then goes on to say, "give me the ability to have this winemaking facility and have the control over our small lot production...and give us the ability to sell our bottles to people." What exactly is the plan? i) Applicant asserts that(i) these are 2 separate properties-operated under a- single management devoted to agricultural use, and (ii)these are 2 8 separate properties owned by different people and the 1 acre lot is not devoted to an agricultural use. j) Applicant asserts that all of the neighbors of the adjacent properties support their proposal, yet the testimony of Carol Haman at the August 6`" public hearing seems to indicate that she may not have been apprised of exactly what it is that the Applicant is looking to do. k) Applicant asserted that the tasting room has a CO when, in fact, the CO is for another use. COVENANTS AND RESTRICTIONS The Applicant proposes that relief be granted subject to certain almost completely unspecified covenants. I believe that this proposal should be rejected for several reasons. First, as I noted previously, there is insufficient factual evidence before the Board such that appropriate covenants can be crafted. Specifically, there are no facts concerning the details of the proposed operation other than vague representations. Second, as a purported holder of a farm winery license, the Applicant has certain rights granted by State law. I question whether any covenants in derogation of these rights would be enforceable against the Applicant or any successor. These rights are extensive and pursuant to Alcohol Beverage Control Law §76-a, include (emphasis added): (a) operate a farm winery for the manufacture of wine or cider at the premises specifically designated in the license; (b) sell in bulk from the licensed premises the products manufactured under such license to any winery licensee, any other farm winery licensee, any distiller licensee or to a permittee engaged in the manufacture of products which are unfit for beverage use and to sell or deliver such wine to persons outside the state pursuant to the laws of the place of such sale or delivery; (c) sell from the licensed premises to a licensed winery, farm distiller, farm brewery, farm cidery, wholesaler or retailer, or to a corporation operating railroad cars or aircraft for consumption on such carriers, or at retail for consumption off the premises, wine or cider manufactured by the licensee as above set forth and to sell or deliver such wine or cider to persons outside the state pursuant to the laws of the place of such sale or delivery. All wine or cider sold by such licensee for consumption off the premises shall be securely sealed and have attached thereto a label setting forth such information as shall be required by this chapter; (d) operate, or use the services of a custom crush facility as defined in subdivision nine-a of section three of this chapter; (e) sell cider and wine at retail for consumption on or off the remises; (f) operate a restaurant hotel catering establishment or other food and drinking establishment in or adjacent to the licensed premises and sell at such place, at retail for consumption on the premises, wine, cider and wine products manufactured by the licensee and any New York state labeled wine, New York state labeled cider or New 9 VID York state labeled wine product. All of the provisions of this chapter relative to licenses to sell wine at retail for consumption on the premises shall apply so far as applicable to such licensee. Notwithstanding any other provision of law, the licensed winery may apply to the authority for a license under article four of this chapter to sell other alcoholic beverages at retail for consumption on the premises at such establishment. CONCLUSION The record to this point is entirely devoid of any basis for a grant of the requested relief. Rather, the record to date clearly shows that the Applicant knowingly placed itself squarely where it is and then willfully operated far beyond the bounds of the law in order to achieve its goals. The variances requested were and are inappropriate and unwarranted. I therefore urge the Board to deny relief. Very truly yours, Vta4�� Allison Latham 10 r Toth, Vicki From: Lanza, Heather Sent: Wednesday,August 19, 2015 12:24 PM RECEIVED 6aI To: Toth,Vicki Subject: Southold Farm and Cellar comments AUG 2 0 2015 BOAR® OF APPEALS Vicki, The Planning Board will need to review this further to provide more detailed comments to the ZBA. Their next meeting is August 31. I expect that they will be able to provide their comments after that date. Heather Lanza,AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O.Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heather.lanza(@town.southold.ny.us i RECEIVED PATRICIA C. MOORE Attorney at Law AUG 12 2015 51020 Main Road Southold,New York 11971 BOARD OF APPEALS Tel:(631)765-4330 Fax:(631)765-4643 August 17, 2015 Attn: Vicki Toth ZBA, Town of Southold Main Road Southold, NY 11971 Re: 1000-55-1-7 & 8.3 /=Carey & Regan Meador ZBA APPEAL # 6861 Dear Chairman Weisman & Board: Enclosed please find a survey dated April 16, 2015 which has been revised to show the alternate location for the barn which allows for better screening from the front yard setback and has no affect on the rear yard setback. 1 Thank you. ry tru y rs, atricia C. Moore PCM/bp encls. RAIN RUNOFF CALCULATIONS ' (PRODUCTION SPACE) 2 STORY FR. BLDG. 4048 SOFT. RO Y ®F PROPERTY 4048 # I x 0.17 = 688 CU.FT. ! SURVEY �T � �L d TASTING ROOM 550 SOFT. 6 �° P/� j' j� 550 x I x 0.17 = 94 CU.FT. _ ° ®(J ! ®�9�! PARKING (RCA) 4960 SOFT. c�" .01 4960 x 0.6 u 0.17= 1288 CU.FT.- �� A/pF �uz-,vt- W wv SLOUTHHOLD 2 (288l42.2 - 30.5 VF / 2 STY FR. BLDG. 688/42.2 = 16 VF el� off'"i L SUFFOLK COUNTY Ne PROVIDE 2 DWS. 8'0 8' DP OR EQUAL rr� �J�Ci ��� / }� g Y. TASTING ROOM 94 - 7 CU.FT EXISTING ✓ Fri �o / / .1000-66-01-07 87l42.2 2 VF PROVIDE I DW 8'0 x 2' DP. OR EQUAL ��A T 1 i��D PARKING 506 CU.FT. � �Ac'� � / AI®RIL Y�, �®y� 506/42.2 = 12 VF e� °��. } PROVIDE I DW 8'0 x 12' DP t� 1.15 ol LOT COVERAGE CIO HOUSEISTING 1453 SOFT. 5 `F� 7 ° / opq�PIPo STY. FR. BLDG 439 SO.FT. \� �`�� �o ,p � SHED 100 SO.FT. � °° 1992 SO.FT. ®'� 1192/45,512 = 4.4% �� PROPOSED 4v ® , 2 STY FR BLDG 3600 SOS T. \ 9592 SOFT. 9592/45,512 = 12.2% ��• 2 20LLOWED p F\ % ;A .I- • �� ��o ro oipz VIC 2 'b 11 'co 1p AA- ®q aa.'s -'' `'� as/®/ of NEKr cb OF ��lN �' ' ZONING DISTRICT: A-c � + -� � ��.: ® =WA TER METER ® ®=UTILITY POLE e °sr 1AC ■= A401VU�lEINT J �� r '�r` ® = PIPE J PARKING CALCULATIONS TAST I NG ROOM 422 SO:FT. @ 1 /200 SO.F 1 . 2 SPACES l M Y S. LIC NO 49618 PROCESSING 2100 SQ.FT. @ 1 /500 SOFT. 4 SPACES ANY ALTERATION OR s�00/T10iN TO THIS SURVEY IS A �IOLs�T10dN STORAGE LOFT 422 SO.FT. @ I/200 SO.FT. 2 SPACES B TOTAL SPACES I HANDICAPPED OF SEC71ON 72090F THE NEW YORK STATE EDUCATION LAW PECONIC SURVEYORS, P.C. EXCEPT AS PER SEC7IO1V 7209—SUBDIVISION 2. ALL CERRIF7CAVaVS AREA °m -512 a FT. (63y) 7s5-5020 FAX (631) ��5m 9��7 14FRFeW ARF' VAI In Ff)J? raaic ,e.a° asvn nnPiF IZ 9raF'orm' nAll is IF Allison Latham Scott Latham 1755 Old North Road Southold,New York 11971 RECEIVED (631)765-0066 July 31, 2015 AUG ® 4 2015 Southold Town Zoning Board of Appeals ZONING BOARD OF APPEALS 54375 Main Road P.O. Box 1179 Southold,New York 11971 Re: Application of Southold Farm & Cellar ZBA File No. 6861 SCTM# 1000-55-1-7 Ladies and Gentlemen: As I have appeared at the last two noticed public hearings on this matter which were adjourned by Applicant', I am truly disappointed that I am unable to attend this hearing due to a long-planned family vacation. I had looked forward to hearing what the Applicant had to say about the application as now amended. However, as I cannot attend I address below both the original application and the application as amended. A. ABSENCE OF MERIT OF THE ORIGINAL APPLICATION Applicant does not meet any of the criteria utilized in determining whether a variance should be granted under the New York State Town Law §267-b(3)(b). These criteria are discussed in detail below. 1. Contrary to the Applicant's assertion, an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties if granted Applicant states that there will be no undesirable change or detriment because the new building will match existing structures and be largely guarded by screen trees. I beg to differ. An undesirable change in the character of the neighborhood and a detriment to nearby properties will be produced if these variances are granted for four reasons. First, this is an already non- conforming lot of 1 acre with a single family residence and barn on it. Granting these variances 1 The applicant in the application for relief is listed as Southold Farm and Cellar, Inc. However,the owner of record of the parcel with respect to which relief is sought is Carey Meador. The owner of record of the adjacent development rights sold property is Carey and Regan Meador. The relationship of the applicant to these individuals is unstated. Moreover, a farm/winery license has been issued to the applicant which reflects ownership therein in three-other-individuals,-to-wit:-Stephen-O'C-onnor,-C-arol-O'C-onnor,-and-Dawn-Meador.—A-copy-of the NYS-Liquor Authority page is attached as Exhibit A. Thus,whether the applicant has standing is a matter for the Zoning Board of Appeals. The term"Applicant"will be utilized in this letter and will apply to any appropriate applicant. will only serve to severely compound the lot's non-conformity and, therefore,negatively affect the character of the neighborhood. Second,this 1 acre parcel already has one "use" as a single family dwelling. To add a tasting room and large processing facility onto this 1 acre parcel will change the character of the neighborhood in that it will create a multi-use parcel where there is currently no other parcel in the neighborhood with as many uses. It is undersized for 2 uses by 75%. It will also be detrimental to both the adjoining parcels and other parcels in the neighborhood as far as property values, traffic and the quiet enjoyment of those properties. Third, I do not know what"existing structure" in this neighborhood Applicant claims this 40'x90' building will "match", but there is no building as large and no building as close to the road as this proposed structure. Finally, as for it largely being guarded by trees, there are not enough trees now to screen it, and it does not appear from the site plan that it will be"largely guarded by trees". 2. Contrary to the Applicant's assertion, the benefit sought by Applicant can be achieved by some method feasible for the Applicant to pursue other than the area variance Applicant states that the shape of the lot does not allow for a 100' setback. While it is true that this particular non-conforming lot, which already contains a one family residence and a barn cannot possibly fit the proposed 40'x90'/3,600 square foot building without numerous variances, I fail to see why this warrants relief from the ZBA. Applicant wants to be able to grow grapes on its adjacent parcel and cram a home, tasting room, and large wine processing facility on this 1 acre parcel. This should not be permitted. There are many businesses in town that operate vineyards and which do not have onsite wineries. Rather, they transport their grapes to their wineries for processing. There are others who take their grapes to independent wine processing facilities. Transporting its grapes to a wine processing facility is absolutely a feasible method for Applicant to pursue. Indeed, Applicant already must be utilizing such methods, as Applicant has apparently been producing wine since 2013 without having its own wine processing facility. Moreover, it appears that Applicant has been producing wine since 2013 without even the benefit of any of its own grapes which are just beginning to bear usable fruit. A review of Applicant's website indicates that all of its releases thus far have been made from grapes from other vineyards on Long Island as well as those from upstate New York. 3. Contrary to the Applicant's assertion the amount of relief requested is substantial Applicant states that a 60' setback is allowed for all agricultural buildings. I have not been able to determine where Applicant found this bit of information. Regardless, it does not apply in this case. Applicant is not proposing to construct an agricultural building. Applicant is proposing to construct a winery and to operate a tasting room. Thus, the application falls under sections 280-13(A)(4) and 280-124 of the town code and a 100' front yard setback is necessary as well as a 60' rear yard setback for both the barn and the proposed winery. The amount of relief is substantial as it represents a 40%reduction of the front yard setback, a 75% reduction of the rear yard setback for the proposed winery, and a 95% reduction of the rear yard setback for the existing barn. In addition, it is adding another use to an already non-conforming lot as discussed below. When taken together,the relief requested in this application is clearly substantial. 4. Contrary to the Applicant's assertion,the variances will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district Interestingly, the Applicant left this portion of the application blank. Apparently the Applicant could not come up with a reason why this project would not have an adverse impact. As someone who has lived in this neighborhood for almost 20 years, I can say with certainty that the granting of this application will have an adverse effect or impact on the physical and environmental conditions in the neighborhood. The granting of this application will necessarily increase traffic in the neighborhood. Old North Road is a narrow side road that is not in the best condition. In addition to the increased traffic, it is obvious that with only the 8 parking spaces proposed, visitors to the winery would necessarily be parking in the street. This will result in damage to the lawns of neighboring properties and make that portion of the road narrower and considerably more dangerous, particularly in light of the nearby intersection with Hortons Lane. It is difficult to imagine a more inappropriate location for a project whose success depends, in part, on increased traffic. 5. Contrary to the Applicant's assertion the alleged difficulty is plainly self-created Applicant states that the alleged difficulty is not self-created, but offers no explanation as to why. I submit to you that Applicant's alleged difficulty is entirely self-created. Applicant knew or should have known the limitations of what could be done with the properties at the time of purchase—i.e, the development rights having been sold in 1992 on the 22.65 acres and the 1 acre lot which already contained a house and barn. A purchaser of property is on notice of all matters in the public record and all laws and regulations. While Applicant certainly has the right to grow grapes on its 22.65 acres, it does not have the right, nor is it necessary, for Applicant to process those grapes into wine and have a tasting room on the adjoining non-conforming 1 acre parcel. There is no reason why Applicant cannot find another more suitable location for the processing and sale of its product. 6. Defects in the application The foregoing amply demonstrates that the application of the 5 part balancing test requires denial of the application. In addition to failing the balancing test, the application contains numerous instances of false and misleading information. This false and misleading information also militates in favor of denial of the application. In particular, the application raises the following issues: (a) The size of the proposed building is repeatedly stated to be 30'x70' when, in fact, the building is 40'x90' as revealed in the drawings—a difference of 1,500 square feet; (b) The present use of the parcel is represented to be a home, farm and barn or a home, farm and stand when, in fact, it is actually a home, no farm, and a barn converted into an illegal tasting room; (c) The proposed use of the parcel is represented to be a"small wine production_facility_',_improperl_y_implying_that_the_nature_of_the_activity_at the proposed winery is agricultural production. In fact, a winery is a "processing" facility, not a"production" facility; (d) The size of the parcel is stated to be 23.65 acres rather than the actual separate 1 acre lot which is the subject of the application. B. THE AMENDED NOTICE OF DISAPPROVAL An amended notice of disapproval was issued on June 19, 2015. The amended notice contains not only the original grounds for disapproval, but also three additional grounds for a total of five grounds for disapproval. First, Applicant's proposed winery is not located on 10 acres or more of land devoted to vineyard or another agricultural purpose and is not on property in the same ownership. Second, the proposed building is not set back 100 feet from the road. Third, pursuant to the bulk schedule, only one use is permitted on a lot this size. The addition of the winery and tasting room to this 1 acre lot amounts to two uses. Fourth, the proposed tasting room does not meet the minimum rear yard setback of 60 feet at the proposed 4 feet. Finally, the proposed winery does not meet the minimum rear yard setback of 60 feet at the proposed 15 feet. C. APPLICANT'S AMENDMENT TO ITS APPLICATION Applicant's "amendment"to its application is entirely without substance. The thrust of the Applicant's argument is that the project represents the Applicant's "hopes and dreams". However, it does not matter what Applicant's hopes and dreams are for this property. One's hopes and dreams can change,particularly if one's needs change. What does matter is the applicable zoning and the provisions of Section 267-b(3)(b) of the Town Law governing variances and their application to the facts. The amended application fails this test. The Applicant's "amended" application varies from the original application only in that it proposes to merge the 1 acre lot which is the subject of this application with the adjacent 22.65 acres. This amendment fails to cure almost all of the deficiencies in the application for three reasons. First, a variance pursuant to section 280-13(a)(4)(b) will be required notwithstanding any merger. This is because the Applicant has only nine acres of grapes growing on their 22.65 acres, with no other discernable agricultural production thereon. Since 9 acres is less than 10 acres, the Applicant does not meet the requirements of 280-13(A)(4)(b). Second, a variance pursuant to section 280-13(A)(4)(c) will be required regardless of any merger, as the proposed winery remains less than 100' from Old North Road. Finally, a variance pursuant to section 280- 14 will be required notwithstanding any merger. The development rights on the 22.65 acres were conveyed to the Town of Southold by deed dated November 25, 1992. Pursuant to that deed, no winery or tasting room is permitted on the 22.65 acres. As a result, such acreage cannot be counted in determining compliance with section 280-14. Thus, the proposed construction would constitute a second use on a 45,512 square foot parcel regardless of merger. I D. ABSENCE OF MERIT OF AMENDED APPLICATION Applying the 5 pronged balancing test to the amended application yields the same result as obtained with respect to the original application, except as to rear yard setbacks. Nothing has changed which would require a different result. Although the amended notice of disapproval for the first time properly raises the issue of section 280-14, the considerations discussed in parts A and C above apply with equal if not greater force to this requested variance. Indeed, a grant of a variance of this magnitude is virtually unthinkable. Section 280-14 permits only one use for each 80,000 square feet. What is proposed is 2 uses for a parcel of approximately half such minimum size—a variance of approximately 75%. This variance is self-created, is substantial, would create an undesirable change in the neighborhood, and would have an adverse impact on the neighborhood creating a small, tightly-packed parcel when no others exist. Placing the winery elsewhere would eliminate the Applicant's problem. The simple fact of the matter is that the Applicant voluntarily stepped into this situation. It is no answer to assert that it made some unspecified inquiries of some unnamed official of the town and relied on some unspecified advice. The Applicant offers no permit, approval, or other document in support of this highly doubtful and legally unsustainable assertion. The Applicant was charged with knowledge of the zoning code and chose to ignore that actual or constructive 'j knowledge. It cannot now be heard to complain in good faith that its plans are being thwarted II when it had absolutely no legal or factual basis for believing that such plans could proceed. Simply put, this is a case of trying to fit a square peg in a round hole because of insufficient foresight,planning, and advice. The variance process is not designed to lend assistance in such a circumstance to entirely change the nature of a parcel and that of the surrounding neighborhood. If the relief sought is granted, the precedential effects of such a grant would be enormous and entirely undesirable. E. THE APPLICANT'S RECALCITRANCE IN COMPLYING WITH THE LAW WARRANTS DENIAL At the end of the last public hearing on this matter P g when Regan Meador was present, Chairperson Weisman stated, "I think the record does now reflect the fact that this is clearly operating as a tasting room without benefit of permit to do so". Applicant was obligated at that juncture, (as it always was), to comply with the law. Applicant blatantly refused to do so. The Board should be aware that, in spite of what was put on the record that day and Chairperson Weisman's statement, Applicant brazenly opened its tasting room on that very afternoon, as well as on the following days. It wasn't until one week later when Applicant was somehow forced to finally close its illegal operation, that it came into compliance. These facts can and should be considered when determining this application. i F. THE APPLICANT'S INCONSISTENT POSITIONS BEFORE THE ZONING BOARD AND THE PUBLIC It appears that the Applicant is making representations to the Zoning Board while at the same time representing to the public otherwise. Applicant's disingenuous behavior can and should be considered when determining this application. In its amendment to its application the Applicant states that(a) less than 4% of its production is consumed on-site, the majority being poured as 1 oz. tastings, (b) that the average visit lasts under 30 minutes, (c)that it intends to keep driving these numbers lower, (d) it employs no live music, and (e) it does not advertise but, rather, relies on social media and word of mouth. Moreover, the amendment boasts a 30%rate of sale to "world class"restaurants and wine shops and a robust direct to consumer sales model. However, a review of Applicant's website and Facebook page, as well as local publications reveals an entirely different practice. On the very same day that Applicant's illegal tasting room was closed, Applicant took to its website and Facebook page and posted the message attached as Exhibit B. Contrary to the assertion in(e) above, this plainly constitutes advertising. According to the book Beyond the Bottle, Mr. Meador has great experience in advertising as well as other areas of business. A copy of a chapter of the book devoted to Mr. Meador is attached as Exhibit C. Southold Farm and Cellar's Facebook page, Twitter, Instagram, and any other social media outlet that it uses absolutely constitute modern advertising. Amazingly, during that same afternoon of July 9th, the Suffolk Times ran an online article about the closing of Applicant's tasting room and Regan Meador was quoted as saying: "That's [the tasting room] the cornerstone of our business plan. I was expecting this income for the next two months and I don't know what this will mean," he said. "[Tasting room sales] are a big chunk [of revenue.] Your margins are so slim on distribution that you need to do that." The same article ran in the following Thursday's print version of the Suffolk Times with a photo of the Meador family. A copy of the Suffolk Times article is attached as Exhibit D. This statement is directly contradictory to the implied assertion above that tasting room sales are not a significant part of Applicant's business plan. The tasting room is irrelevant to sales to world class restaurants and direct to consumer sales. Newsday somehow also quickly became aware of Applicant's tasting room closure and printed an article on July 1 lth with Mr. Meador quoted as saying, "I'm really nervous about losing this month". The article goes on to say "The company does sell some wine through outside distributors, but he gets higher-profit sales from his barn, where a glass of wine sells for $15". Mr. Meador is also quoted as saying, "I don't know how we could keep going if we couldn't do this." All of these statements seem at great odds with Applicant's representation to the Zoning Board that less than 4% of Applicant's product is consumed on-site and that its major sales avenues are world class restaurants and direct to consumer sales. A copy of the Newsday article-is-attached-as-Exhibit-E. In the same Newsday article, Mr. Meador was finally quoted as saying"We don't view this as any different than a farm stand." Clearly, Mr. Meador cannot seem to grasp that his proposed tasting room and winery are, in fact, very different than a farm stand, both by definition and according to the law. Applicant's website advertises its "Subscription Program". A copy of the information regarding the program from the Applicant's website is attached as Exhibit F. It is stated therein that as a member of the program, among other things, one will be invited to Applicant's invite- only wine release parties, potluck events, and backyard BBQ events. Photos from a pig roast held by Applicant in 2014 also appear on the Applicant's website. With only 8 parking spaces proposed it will, indeed, be a very small pig which meets the spit. In any event, this is directly contradictory to the representations made to the Zoning Board. In addition, Applicant can be found in the 2015 edition of northforker vacation and the Summer, 2015 edition of the northforker WINEPRESS, copies of both are attached as Exhibit G. As a result of all of the foregoing, it appears that Applicant has a rather unconventional definition of advertising, as this is directly contradictory to the representations made above to the Zoning Board. CONCLUSION In summary, the Applicant's business plan was and is totally at odds with applicable zoning. Rather than address these issues prior to purchasing, Applicant closed its eyes and is now seeking relief. The Zoning Board of Appeals is not the appropriate place to seek such relief. Placement of a winery and tasting room elsewhere would solve all of the problems inherent in the application. Mr. Meador's apparent business acumen is at great odds with his claims to the public and the Zoning Board. Lastly, I must reiterate what my husband stated at the last public hearing on this matter- we are not in any way anti-agriculture or anti-farming. We have lived next door to and across the street from farms for almost 20 years without complaint or incident, and enjoy a friendly relationship with our neighbor farmer. Applicant claims that it is a"farming endeavor". What is proposed in this application, however, is a horse of a different color. For all of these reasons I ask that the relief requested be denied in its entirety. Thank you for your consideration of my concerns. Very truly yours, Allison Latham �bgbl EXHIBIT A New York State Liquor Author_''— l - r Page 1 of 1 t Y :,.J>��,r5r�.el. r,.. "s- '..rr.'��:t'.,r-•.n,..I. r;a:' ;...;�' II,),;�Y1'4• ,v,4.., ';;`.!---;_-'-:•.:�..r?.-i1.(-7f.�-,',r.�`h�,�;t'r'�it;i,'-',r5 c`'�a'.:4; d��y"r,^�'r-_�'+,c�er+V;,i i•5 St..'�`-;�.c,,.{l.t.t J,r,�'}tk�j�;v.`d.}-^,j'i.'�..P.�n4l-.h�(r,3'u e.•.k:•°,�^:'.+2""x,�a.",`—`.••a=ac'ea`t�Jr�,sb'�i`p,r t:p`a :yPt.,�..d.1`,L4.•'t,r�•y,L,'t ;.�_,,7,�y?c',}''"�,�ce�1%�&l�`3 i.'r j���77{S'i-rt4�r.y��3:Ct��-v^,{F:.^,�»."�"°.,y)�M1.��`u r, R�$j4'},t`�.f''"ii�..l.:lf,4fC.�,�.c"'_.!i._,`'1'�.�,;,,:.r.^.+va„.t,'>;={7�+v`�u.;-:_e�9�`ra:�—j,•��,...•"k�nr•,+,„.J:�y:�,,H.tr`q-.',I,.^_.-��_,._':=a_":,•.,.t^e_..fi"y i7?..,y,"rr..`..z.)"•1`,;'�:•�;•v�",rk.�,iy;�i•,'st'.+„`d,n:a:•�s'h-s:•�s.��_;+�."r;,ty'e�y�;y a-:,"��4lr;;,,Cr;'x�.c.."•.Lc;=',,'�e;.+;i'e..s:�''t 5�..•cM,�t.",,�Sa•�•.s��at'iy<�P."'.�41 WG 113 ^ 'y" r�r'3.:�J=Y�•i."¢S�:d3it;!triif''� '=l• ry't,.,r_.?".e,5i..'>•l.!.Y,r:.?,,,,s.mt>."-„p➢.•,w.�.',.5'-t_: •.3 tl,i,U'' ;�. '!,n!.i yt nr i. �':w""'d i+*' �:ti %in,; G'L.i k ..;,: 'r''YC .41a�` j4.'.+r"`li: _ �;3 k;h•S tr E`,t,( ,, :S�.a<- �'ti,�r,4 'Ih'$�I,'tl,'•i J,„'��{iw J' '^ 1, __:J"N, '+v��.�.u:k1�l•,...is ��.=:--...� _...�.--.—....�..._..,.-.,r.:.'tu""s"3` :l1.�r�-tL_zu',e.,i Forms Quick-Find: Wholesale Forms Retail Foi ins jffl] +i;'•ir} 2Lt'r;1;;)e';;; r'a��;',. Public Query-Results Andrew M.Cuomo,Governor License Information Dennis Rosen,Chairman Serial Number: 1273977 ]eanique Greene,Commissioner Kevin Kim,Commissioner License Type: FARM WINERY License Status: License is Active Home Credit Group: 4 Public License Query Filing Date: 09/30/2013 Wholesale Effective Date: 02/20/2014 Expiration Date: 01/31/2017 Premises Information MEADOR, REGAN 1'tgf7, i, MEADOR,CAREY Principal's Name: OCONNOR, STEPHEN ll`,i•t!j ' ` 1'. OCONNOR,CAROL MEADOR, DAWN r !`t''irafY'o '' '•' Premises Name: SOUTHOLD FARM AND CELLAR INC Trade Name: SOUTHOLD FARM +CELLAR n'',rN"."i fliijlirrrkl7t`Yj1Rtf311� J,,.,, Zone: 1 ,.;'1;:% Nrr.lf t'Y.:ljl 17 V 1•Ir iF:',tl . ,ir�A�jl;•;r F�T'I; ti1„�f Address: 860 OLD NORTH RD •it i t ,r {r:1J�`r. rfi,rt r ,,Jy <� J•,; i€3 ttz, SOUTHOLD, NY 11971 .,t'itFi:i,ts• ,Jr rjil'a. ?�fitr't +_• County: SUFFOLK •:l.�;t2rzJ ,:�afiTt�'�,-,'"�:H`���'II�J�,rr.�4 •'``iit,=�r`u�:e't;k7r)i„1-,"�r• i s .,•��1-' You can select one of the following links to perform another search: '.''•.+ ,tl I"� .y;.•�t• -'ti..yay;�t+'� Search by Name Search by License Number Search by Location • Search by Principal • Advance Search Disclaimers I Confidentiality I Privacy I Security New York State Liquor Authority•80 S Swan Street•9th Floor•Albany,New York•12210-8002 https://www.tran.sla.ny.gov/servlet/ApplicationServlet?pageName=com.ibm.nysla.data.pu... 6/24/2015 EXHIBIT B i k-00 As p Coda} we have been asked h; the '`own of Southold u> cease all operations or face fines and/or jail time. We are heartbroken. to say the least Prior to purchasing the property in 2012 we had sought guidance with the town and have been completely upfront with what we intended to do. We have been uolkhg w•fth the town for over a year to correct an earlacl error and have now- found ourselves mired in grey areas, far past our simple understanding of town code. We arc now in the process okcgwMing that the town ideal us fairy and similarly to those operating in similar fashion. The fact remains. we arc steadfast in our belief that we are and should be allowed to operate as a family farm winery "Ten we at out on this venture we were well aware that the only way for us to make a living would be to live "hare we worked, In doing an. ENS would allow us to raise our young family, focus solely on our wfnegrowing and the education around that product. Rather than purchasing additional land and building beautiful facilities that could host large crowds and weddings, we would sage our,elIcs the oicrhead. stay small. rely on wind of mouth and just farm and sell our product. nothing more, nothing less. The only reason we have seen success since we launched fs hecause we've been able to focus 100% of our efforts oil growing and nmahng the best bottle of Mine vv%nn our ability- and to speak W each of )Oil about it at length To suddenly turn our backs and walk away from Join, business like this_ an it has been implied by some. would spell the end of our success both in our business and. quite frankly. our own happiness We believe that whether you're a chicken farmer. berry farmer or a w•inemakcr and grape glower. the aWHq to lire on )our property. raise a clop_ process it and sell it dfreell, to the consumer has never been more vital to sustaining small lhndng and I ever more true in this beautiful town we call home. At this point we really don't know what the future will bring tor Southold Parrn + Cellar We were not autieipatulg loking our ability to run our business as we have for over a year. Truth be told. we are lera ifaed at the prospects of mis:in`, such a critical time of rear. We hope to we each of you on the other side of this. In the meantime, fl you'd like W help, any of the following would he hu->ely appreciated: I j Continue to buy. drink and enjoy our wine. 3{ Alin in our support to the Chairpaum of the ZBA: Chmrperson Leslie Weisman c/o Vicki 'loth - vicki.tothr�Town.Soutllold.ny.us - 631-765-1809 3) Attend Our Town Hall hearing and speak in support on August 6th. 2015 iq 10an1. V Peace and love. Rcgan, Care, Coralai K Saw cr Visit Site Login Cart (0) rACEBOOK r4 lT'rER • INSTAGRANI o OUR STORY-f ® WINEGROWING+ o WINEMAKING m WINES a SUBSCRIPTION PROGRAM © MAILING LIST (8) Southold Farm+ Cellar -- Page 1 of 3 Southold Farm+Cellar Homo Find Frlando aI fY `i�r r!'i;��F��, t'8"'t'�•;= si:,:,•p�'+�sE�'.', ,'r?�;o`;t''n='S.c.. 5'�`'r•'lr.�"1'rcr"r'+.t' i -1(i c'� i''r:it lr s, 'A�tri"rT1iro aC# S,'.•- I tsa`' r.�i' r".":"';' 'if:r.7"�'a r.�v..,5 i,+u 3 ,��1',� £ �✓•-a ?� vt A•,13..:i'`•ct.- r6•yfi b,,1�"E �.<v J }'f$.a•9� :i�,,;�.-r�'�,��,s� tgy�u^tt;.,�+�+Ct�'� ., (r,;���. � �'�. s,i+'R't o,w rcty"Ats,4"3t��.,���a+� � • `S n.:�ay3�9t t.�^t'�,�,X�r°,]i: 1v�3,�. i' ' 'I`, .7.��`.`.,s�y'"� 3' "�x'«�r.i�'' a�-•a a/',A r�:3,�, -�t,r ;�`s���",l`�'�_`�. '31s_tr�,��'Y t.-�^Yi�; .. ' ��.,�' 1'7� � ' r.. fY^?r, 3 1,t,F;�' r.` ` N�'*#;^.�°'7'a..at•>'w` �. r��."�.. 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' 236 people have been here I it 5 minutes 12 OOPM-5 OOPM 55 Gel ad Post—,_ ' Gel additional info Invite friends to like this Page Southold Farm+Cellar S'I• (' July 9 of 10 57am Edited 4 9 of 5 stars 23 reviews a°" View Reviews We Are Closed,But Not Finished. i As of July 91h,2015 we have been asked by the Town of Southold to cease ABOUT all operations or face fines and/or jail time We are heartbroken,to say the I least Prior to purchasing the property in 2012 we had sought guidance with i the town and have been completely upfront with what we Intended to do fi We have been working with the town for over a year to correct an earlier error and have now found ourselves mired in grey areas,far past our V simple understanding of town code.We are now in the process of �'"}"" requesting that the town treat us fairly and similarly to those operating in I similar fashion. 660 Old North Rd Save I Southold,New York The fact remains,we are steadfast in our belief that we are and should be i allowed to operate as a family farm winery.When we set out on this venture I (631)343-0353 we were well aware that the only way for us to make a living would be to r live where we worked.In doing so,this would allow us to raise our young hltp//vrrlw SoulholdFarm.4ndOellar comf family,focus solely on our winegrowing and the education around that ' product Rather than purchasing additional land and building beautiful APPS facilities that could host large crowds and weddings,we would save ourselves the overhead,slay small,rely on word of mouth and just farm and sell our product,nothing more,nothing less. subscnbel The only reason we have seen success since we launched is because we've been able to focus 100%of our efforts on growing and making the ' best bottle of wine within Our ability and to speak to each of you about it at length To suddenly turn our backs and walk away from doing business like PHOTOS this,as it has been implied by some,would spell the end of our success both in our business and,quite frank) our own ha I q Y. happiness.We believe that whether you're a chicken farmer,berry farmer or a wlnemaker and grape rower,the ability to live on ourproperty,raise a crop, g P s��, rTtiCi'}�r.� �t;��fh ,3- • -;i•,,,.,• 9 Y Y p,process It and sell it , i•, <yr�aG' 'a f� directly to the consumer has never been more vital to sustaining small farming and is ever more true in this beautiful town we call home. At this point we really don't know what the future will bring for Southold Farm+Cellar We were not anticipating losing our ability to run our P 9 9 Y business as we have for over a year Truth be told,we are terrified at the prospects of missing such a critical time of year We hope to see each of i you on the other side of this In the meantime,if you'd like to help,any of the following would be hugely appreciated Continue to buy,drink and enjoy our wine. ;l Write in our support to the Chairperson of the ZBA Chairperson Leslie Weisman c/o Vicki Toth- •n i r.;• stw - ,�v "s• vicki toth@Town Southold ny.us �LL-ss.i?,'S_.c�s.�'�`•�L�:i.�`=y:.''"�r •;''•'+'�'.:F''=y�.'tTk';c ' ------------_-_-------___._____ Attend our Town Hall hearing and speak in support on August 6th,2015 POSTS TO PAGE @ loam j Search https://www.facebook.com/SoutholdFamiAndCellar 7/30/2015 EXHIBIT C ' O RG R E gn-,M. .41 �V,, VIM • K"'A. RVID, 4 .,1 040r, al I All NO SO is SAW. 0 wo 1 OF gRIM,, its. Al NO r or" "v"j,". m NO •oilRf 4, RIF zn t '14S I Woo WIN, NEW W—i. "D A� tM, TV Ae. mOv 05 OWN will AN Q,- --,q t j 1,lj:�t'� r a' BEHIND THE BOTTLE 131 /p( ���IIIJJJ r, Y X°i,ht� =tea r i ' •'�f�';='. , t5 u e seems to have backed off a bit, but Regan Meador J an ] got into the wine biz with the clarion call on " :. De nUmv Kickstarter, "I like weird grapes." To the consterna- dil ._ _ tion of a few making Long Island wine, he seemed a little too µ` ne. . I dismissive of chardonnay and merlot, the two most planted 4 in grapes on the East End. (Merlot is also one of the most planted - t He fine wine grapes in the world, so someone must like it.) But :; F ye• Y r`q 1 ` sit down with him for a bit and you'll find he doesn't come off ="` DI Y':r as abomb-throwing revolutionary. Hes� more of a Generation .-•: •..�= Tl Y maverick, jumping with both feet into a tub of grapes toA+` ^, pa see what squeezes out. If you think about it, really, Meador is U 01 .G. the next logical step in the evolution of Long Island wine. He -;:;,;; in YG • S i+ JI T " knows he is standing on the shoulders of his winemaking fore- w y Yc M? # bears, and without their decades of devotion to proving Long . .< w' Island can make good wine, he may have wound up growing w Iffy; pivot noir in the Anderson Valley. "We don't have the burden - =;,; these guys had," he says, standing in the homey kitchen of his ' ' til 3 renovated farmhouse in Southold. "The baggage from slaving away for 20 years or more and only now getting recognition from places they needed that recognition from 10 to 20 years "J ''.I ago. Like for other younger winemakers, such as Anthony so rsfEil� ,, z Nappa and Kelly Urbanik Koch, the fact people used to turn = h. up their noses at Long Island wine doesn't really resonate. "I I- ;� f I' know we can make distinctive and great wine," he says, like the w obvious statement is obvious. ` h Meador grew up in west Texas into a ranching family and attended a high school with 700 people in each class. He spent n u..� U ' time with his grandfather going to auctions and tending cattle h 198 - rni -i 5� 1K � �rstcr �isN 5r� + REGAN MEADOR V� 3 and sheep—and for a short period emus—before leaving for des '} ;~ Denver to go to college, where he studied finance. "I had two different jobs in Dallas, but I wanted to be in the music busi- s its :3 ness," he says. So he and a buddy struck out for New York City in 2004. "He had a Job, and I was frantically looking for one." ines , He turned to Craig's List and saw an ad for a job in what was . „ ry yet to be called social media for the comeback tour of Duran Duran. "You know," he says, "it was the time of My Space." for 3f:t t} That gig led to managing bands and starting a music PR com- gl 2 pang. "It was a lot of fun," he says. "We went on tours in the € ° UK and played some pretty decent sized shows. But there's no ,d ,k money in that business, and you need money to live in New of llllh ` York." His income cut into his ability to enjoy the Rhone Valley ='` a wines had had come to love while working as a banker. "Good ine S > wine can be inexpensive," he says, "but I was just getting by. e _N i ``.`; ;. The amount of wine I was able to procure for myself was get- ipa s .'` ting less and less." ` His'proclivity for marketing was getting better and better, K ' however, so he sucked it up and started at an advertising firm. s "I was a strategist, the guy behind the two-way mirror," he t ` says. And at that time a digital marketing background was a hot commodity in advertising. "I worked on Dos Equis and ; F Heineken. I launched the E-Trade baby. It was fun for what it e =f was, but I kind of knew it wasn't a forever career, and I knew New York was not a permanent stop." #' In 2007 a friend of a job at a wine - 2! g ) m shop, and that reig t nited everything," says Meador. "From there it just grew. The e higher up I got, the more I bought." The following year he • sir �' �• yA�i� 19 9 �3 BEHIND THE BOTTLE �; met his wife, Carey, who grew up in Cutchogue, and was thus , ownec exposed to the Long Island wine business. "We'd come to visit Michi and I'd hit all the wineries," he says. It only served to whet his y;: A desire to get out of the city. His tastings drew him to smaller at Os } } wineries. He remembers being wowed by Eric Fry's work at from Lenz and the wines of Roanoke Vineyards. He also has great winer ,t I i 3 respect for Urbanik Koch, the winemaker at Macari. She that c just wants to make the best wines possible he says, adding .a J P Y g doing that he thinks man winemakers would shrug at making an ; tc Y g g gotta ff early wine, which Urbanik Koch highlighted in her chapter it's n. � r of this book. "They might not want to put their all into it. your r i Winemakers generally want to make serious wine, wine that self o gets you serious scores and that's when you become a celeb- rs g Y Y becat rity winemaker." � The couple started to talk about getting married and raising were `l a family. "I knew I didn't want to live in the city or raise kids r "The in the city, and I didn't want to live in the suburbs," he says. -M ft scien ; f 4�{ "It was apparent if I stayed in advertising, we would be tied to r� , PP Y g �= be w f , ; a city." diffe f { " So he really started looking at the wine business. How can Y g , your I get into it, he thought. Was there a marketing angle? But he 1 i' didn't really want that either. "I wanted to et m hands dirty," zl Y g Y Y she he says. "Being a winemaker is such a nebulous thing; how is i keel: it even possible?" He decided it was because people just started Thr, �doing it. "Like how do you become a movie director,1) he asks. , ' stars You just do it. He decided not to worry about going to school 1 Y g g the x u ; and start at the beginning. All he had to figure out was where you- to get a job. One option was California, where family members witl C zooxsae il� _ ..a--,.r3Frs;'s�-"�_ '"..'".E�.ir,�.hFati:''.`c>wa?'ar�•.a''.• �2.��:7:'2r', e` _<,�.��yy vc t _ __ ,-- -..-"-_ i r $� REGAN MEADOR 1 T. ��W �. a.^ ' � N& owned that pinot noir vineyard. Texas was an option as was *� F Michigan, where other family members lived. des F " Avisit to winejobs.com in 2011 led him to Adam Suprenant at Osprey's Dominion, who was advertising for help. "I went is from having no wine business experience to being an assistant a t ~% winemaker," he says. "The great thing was it was only me in ies = that cellar with Adam. Every little thing that happened I was ; ki - ;: s`'? doing. As far as an education goes, I don't think I could have .fi gotten any better. Even the kids that go to oenology school, ,r L r xTM it's not until you're really in it and put it into practice that <_ you learn." (Meador adds that he thinks Suprenant prides him - Lt F- self on hiring complete novices, which he has done four times, 1- �•-�_ ,, because they go straight into his system,.) S Ws. His ad agency co-workers not only wished him luck, t ey g <-`- E were jealous. They said, Why can't I do that?"' says Meador. is "They wanted to know how I made it happen. It's not rocket S. _ science. It's not like I have some winemaking gift. You have to h"t to "; =` be willing to give up something to do something completely re the whole crux of this lies, in different. Which is really whe s ` an '. your confidence in yourself.That you'll be able to figure it out:' $ In the meantime, he and Carey got married in April 2011; . l she was completely supportive of the change and ended up is ;'' `� ` keeping her job in the city commuting in a few days a week. ed Three months later, Meador moved in with her parents and t` ks. .,�:.,��,;�; started at Ospreys Dominion. Meador was sold. "Right out of ,'; :.,.. col '--xuaa?, the gate I was totally happy with the work," he says. "When c s a;. dealing �'��'� you've spent the last 10 years sitting behind a desk, , ere ? - �.' .'� yE#y ers ti>;. i`c, with people and writing PowerPoint presentations, you loin 201 s t r5 r �Sr�^y. 't-':^�`' 3-�' i +'�� ` sue• '` .>< F F'`" �w� •!.• ' z Y i BEHIND THE BOTTLE ' ' 1 ( of lose touch. There's something really human about be able y'14;IP"i to work with your hands." The ' .Yre�-"'• next year the couple bought their current farm, which included a derelict farmhouse and 2 3.7 acres of land and set -,_:.�•;� to the work of renovating, g p01 ` with a large amount of help - from Steve O'Connor, Carey's dad, who is a retired electrician with a plumbing license. "He's what made the construction thing pos- : sible, says Meador. Between his knowledge and the Internet, = we were able build. 'r The house, originallya saltbox built in the mid-1800s 4 i I and 3 I expanded with lean-tos, was part of a parcel bought in 2005i by Leucadia, a Manhattan-based investment firm with ties to Napa Valley. The company's purchase, which got many in the industry and local press excited about the influx of big names and money in wine country, came to naught. They ripped upf z existing vineyards—Broadfields and Charles John—and then left town. The property lay fallow for the next seven years. s� After two seasons at Os re 's p y , Meador moved to Lenz for the 2013 vintage. Soon the house was finished, he started the 1, U XI Kickstarter that raised$24,900, and he was ready to plant some �� h weird grapes. In went three acres of lagrein, two and a half of vl i I s teroldego, both native to the northeast of Italy; two of syrah and one acre of goldmuskateller, the German name for the , gg gold muscat grape of the'Alto Adige. "My father-in-law and I p ('I pounded every single one of those post," he says.The same year he bought chardonnay from Steve Mudd,which turned into his Devil's Advocate; merlot, petite verdot and cab franc from Rex Y l a Farr, an organic winegrower in Riverhead in the western reaches 202 f; m4 n z-�-,- REGAN MEADOR 001 of the East End; and pinot noir from Sheldrake, a winery in the C e ades % Finger Lakes. h If he couldn'tcouldn'tuse his weird grapes, he was going to make the I his wine in a weird way, using his experience at ospreys and Lenz -n "I under- F and his knowledge from reading up on winemaking. ,wines stand how the science works," he says. "And while I don't have d a s- a lot of the super technical stuff, that'll just happen over time. Ng, O can be navel gazing." He I feel like some of that, the chemistry, 't, -ditor also believes being an owner/operator is the best way to suc- o1W j; id teed, citing the examples of Kip Bedell, the coupl e David Page ind P )5 e and Barbara Shinn of Shinn Estate Vineyards and the Massoud and IR 4f Family of Paumanok. Cautionary tales, like the recent closing id of to in large in his of Peconic Bay Winery, a very popular place, loom 003. he u:i mind. "I see what these wineries have to turn into the support Les N, X'ine themselves. It becomes less about the wine and more about the the up F-14 MI., He adds, Its not to say la pa that I don't think there experience. P en ;g M shouldn't be big wineries. Paumanoles not small, but it's also th For not a tourism spot; there's not a lot of fluff going on. They 're malting and selling wine, good wine." 'he just mak Meador brought his grapes to Raphael in Peconic, where me of friend Anthony Nappa is the winemaker, and began his rah 1 experiment. The first was the Devil's Advocate made with the the chardonnay from Mudd's 40-year-old vines. Those plants are dI unique because they're a musque clone, which is rarely planted 0 .1 ear anymore on the East End. just as it sounds, the wine made his from it has a musky quality and is more aromatic than clones California and the Dijon clones local winemakers rely on R,ex from today. What Meador was going for was almost the opposite of hes "RI, h v 0, 203 "'M MEN 1 d'``�„'__- •"u�'zi`�'"��" , '� 'v ° Z ,,:GS'l�,y�r'S'�" xvt I ��'r','.a^.+'s;9:•,,.LF*G93;s:' :v'?5�';3r'� agf2',_ ' �` v .c•r ^r }_ ' t3. 5- 5, 2 "�'.x a n �,'C( ` - c ."�.',M1^.�' f t'j x.tdy,r'z' vt._F•=sr, Z v. a"" 'S "''7St,,'#'"+'i o',i, rr �. t`.Y'' '' r �Z` -r•' .� - °1.r'';-°rS,. 'i' .'rF.v. 4 f' Lg ✓ x`bt "u =z+ .+;�a"!a ` t' ` " n a u�} vl ra sm r •c, d Fl r^r. 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Sass �` ��`a"^' .���.i'yt; ��r<'+�. �3-� `" �`,.a�.� ;--- ma`s';st. .,:so=1rF»•f, Y'°cr "u>,t_'�f'.`�,y-',�co,,,vs } �a�"FCus,Nr,-f=. i f• {��(,••�1. " eH�:�'w'�x;%�fs;� 1"r.�a �?�'^�Ir. �=�k< ,�"'"`H1;�'-;�•�. _"::�•�y":�?� . ., `.. ':_ „`Fml.Y�' ''7'-`� -e.<'RM �.}"� K•S= � y r�'�—,;.v -^���Lr.+ �` �,*��- �. }L orr ,e* .lv 'rF<w� ,r,:c€,' �^�: .;�� '�.�i.Y<xc�ts'.�`-sn.�' c, ;:�zr�e.,.�,+^. t �s`:r ��` - r �x r•- `�, ''s A' -ry� �z4,,,t,z-`-,��t?y r..'��3 r3r}7�� 9'[5,.tz .�1 "�-�� .�"�`''=n Z7- '� �;. +i 'wtb.. h .F'.£Iv .ris..,v ; "=-!^ t ,)�iv-"' M: S 'l*� �� p• 4.if .3 ,�tt °M1;hF .- ,�1€:I,•'�"i� y.�Y1-fU.�'v�S Sc�'C�•w�:+',ac � �"*'�"•� � '-f* �X"r" .�° ca,�,C.�`.•''•%-'}5�;;�E� ,c,� .,i 3J5''F\ `f'° '�,,,,,,'N'�..:,,,�� Fro• a s°n-�-- ,,,a �:-..3:i,�. Ar�Fr�12.,, ...,.+. .:of.,:,+u•-' ...>.., `_.,,:,�dxti� '. i _ s r �.-S j.,.x"w.; rK•�¢5 � 33�i..�•dE,Lg BEHIND THE BOTTLE l n UV ,,t�a, �� 4,��,;•,��'�:, ;,� the style of chardonnay that is popular now, which is invariably made without oak and with an emphasis on acid. The pressed grapes were left on the skins for a week before the juice was put to ferment in large new oak barrels that had been washed with some of Nappa's wine to rinse out the oak flavors. The size of the barrels-230 gallons, nearly four times the size of a ! standard barrel—also limited the wine's exposure to oak. Once ' the juice filled the barrels in October Meador left it alone until March. No addition of yeast and no stirring of the lees. Sulfurr, .a�: dioxide was added as a preservative just before bottling. ,_�< • $�; ( When I went in to make it, I didn't know how I was going to feel about it, "MIN he says. "I don't like big oalcy flabby wines, i y,! 4i4 k l.iy S k �� but I knew I had to go that route to get the aromatics out. I've also gotten so that I don't like those crispy stainless steel wines .I �tN Qn.,•i�v. anymore. I want something with a little weight to it. ;z Weight it does have, as well as the scent of a more aromatic ;s�:;��. •:• a, grape like viognier, with apricot and a little spice. One would "JYi be hard pressed to immediately identify it as chardonna . It e " �t almost has the oily texture of viognier, which can be high inr- ;� alcohol; I would drink it at room temperature—to heighten the ! i aromatics—with heavier food, almost like a red wine. ;?F3Yz ` ! Meador also made a cabernet franc, usinggrapes from the g P 1 Farrm, Rex Farr's vineyard, but he used a variant of carbonic ff f C maceration a technique dominant in Beaujolais. The idea is i to leave the grapes in whole clusters until they start to fermentRV ,;,7?rrt E, s: k ,� from the inside out. The result is a highly aromatic wine with :s"%'Q��;r,�, !' typical aromas of cinnamon and bubble gum.This wine, which fl Meador calls Cast Your Fate to the Wind) nails that aroma 3 n ' j! 204 .'„„fy ! .;y'f,,., F ,„+ ;,yr, rr,�. 'i r�,,•;{3..x 74 t�r R E G A N M E A D O R Ir ••'.;,''` �^"'�'�-' IRA ` '�i : S".'v,-•t,.`��� TO '�'�r, ``y'/ ''�'°'f➢;`{ tL'� tG`..K^ra X/Y '`,-3. .�,v+ r . var''„'blyn sticking you y �. is��=�'�; , ��-��•�� -�,,,N��: - profile so precisely its like r nose in a candy jar. F ;<i ::ram�•, xI Y�"`a:ao��ji�+e .So'.r:1.+r. # .� r_.S».�^ C. '•�`��Jih:'io ;� � 9 Despite the perceived sweetness on the ' pressed� � ;:-` D p p nose, the wine is com- _ r his, Y .r.`f r. dY 4 #„L'K-.ry• 1C.:1,' ice,wa "Y 'tl - �" ' •-$." letely dry with astringent tannins that wipe the wetness from s c a tea,._ P shed v your tongue. "I was looking at cru Bea wondered *; wa Beaujolais and rs: The,:° � aT� ;:'' what would happen if I used their technique with cab franc -..xR, ize of he says. I think the best iterations I've had of cab franc haven't ' > 3 u� One been in a big masculine style. I hate cab francs that don't l r e.'_ g y ntremind lico ie until' ';- , ��'fr#a you they're cab francs. For our tasting, Meador also poured i Sulfur,. some of the wine from a bottle of Cast Your Fate to the Wind " frPnS'3 that had been open for five days. The cinnamon and bubble „d ;:,{ �r going ' ` r^' gum are still there, but the vegetal character typical of cab franc d of ,y Mr it' 't-S+r`CFtog wines, character comes through. And the tannins had mellowed a bit, E :L it. I ve so were no longer as drying. t• ine "�' � His third wine released in 2014 is a sparkling red made with he wines '.y.;�;� � �;� ?` merlot, petit verdot and pinot noir. The grapes were pressed lapa n atic .mow , h un and vinified at Raphael and then driven upstate to Bellwether would Cidery, where the wine was pressurized in a tank and bottled, " ? ° a iay. It using a counter pressure bottling line, to save all the fizz. The q. Vs 6 igh in ? i wine is called Damn the Torpedoes and was modeled bl after dry m the ,. .± 1 lambrusco, a wine native to the Emilia-Romagna region of Ital where fattymeats and ricotta filled torteloni are culinary t a n the Nt staples. "I've always been a fan of lambrusco, and I wanted to bonic make something you could drink in the summer out here that lea is tx was a red wine" (( ? � , says Meador. On a summer night when I'm g ; ment r`sF=„; grilling a steak, a big red wine is not something I want to drink. d>' e• y,: with And I'm not going to replace it with chardonnay." ihich The wine has bright berry flavors and a dust smell with 1 g Y Y -oma prickly bubbles and light dusty tannins. 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"` r T .5k5"• "`, �'r....1R "` €:T ak�h�r .°�5 r s a.H 2' { �t qq G.XI�i.'.'.c._r�•r� ' BEHIND THE BOTTLE f 3 ``till 0 1'4�wi. varlet " he al "I liken f s wine says. en it more to a chefs t style of making wine where I'm creating something rather b� g r than h, showing off terrior." While light in body, the wine still has the � depth dep of a red wine and will stand up to decanting. "It evolves like crazy over a dinner or a night," he says. "I wish I had the luxuryr that Eric [Fry y at Lenz] has to let things sit in bottle for ` two years before selling it but at the end of the day, this '�`f'�..`r business." rz a The grapes from his own vineyard won't be ready to make u ; wine for the next one or two years, so Meador intends to keep figs 4$ buying all the grapes�' • Rex Farr grows and making wine in dif- ferentstyles. "I might make a cab franc rose next year or a Fi Y u x r, Bordeaux style wine {' y with heavy maceration," vY ion, he says. "I think it would be interesting to make wine from the s "m ame vineyard - - ,,t; every year, but with a different technique and discover the ter- _ t a rior through that." - (; He was lucky to have 2013 his inaugural vintage; it was J as ^Sw': a growing season Long Island will be taking about for years, when an extremely dry fall produced masses of pristine grapes. r I think these wines set the tone of what were planning to do ' I here he says. "For a rookie, I got a pretty good vintage to start == r "{ out with. But I plan to let the vineyard dictate what I f Y make. I'm p not trying to emulate any one region. I'm trying to explore in different ways what is possible." 206 I t - EXHIBIT D EFAII rr��Ci^`U.,[Q�y •��a f7ri�-�'n;,�F"�3,1aY�'�c�; yegF't¢x i'q"y("r� >S`-j�""R'. r��' � r 79'[S'•"•a%3 1'¢� °�'L'11 yI'�7���k��7ib'S�•.(• �"" !nI r�-,r`.r•µ �' aa'°.c• R+''v�`U(�t'�VS.. C r�.`I,-���.' Short +`� "awe�r6. � � .,y t,�'', $Y 5�yh ��� ' �a�t-'r 4*•k �''l,�r.,, 1, 2. T� y }( •�f�}�,sue' '?\ ;,;a'�i `• ,. , Y YN�•a�� •��. I_a��Y �t.,(� ~at 'q' {n�' T,¢' i" lYiiyl��',"ii w+. !�. �•�fi"^'_y .,f•, - 3 {,'t;C i� �. 2. �Sj,,•�� �pp;'�.y, ,�, I'C '�I ,��+Tidio_. V �u� Y is rental Y >`y_ >' �fT%�h_, y• ,� 1 fx `�-y�fi h'•).� ` � 1f.°�H J.L tan -,��' .,� � �_.;�� � • • � �;'�� spy.� � NN Y,=�.�,(-� up OWN INE •Z', :e✓� # �i.�',+c'+E4 iLc,�� 4 � � �'L Y ��'r.•... ' mn ��''� ,��- y � .,sy;�=i=r_J �'Y, '` �C.�I.i;`i3� �® tdi r _�:� :� Proposal� nc 3 ; 1Y minimum rE wI'S"yet, it fa BY CHRIS LISINSKI AN (�'iv��.e�W. �`1s;.• 1..;•' r��� �^. I' y�U04 t ,�ginrt �;°v':•„� '�;�,i.., �•�. °�,,s�;� � 'x �; ;;;,`•t;, "^ „•, ,c;" �; �gn' STAFF WRITERS 7. '� `c:j i,�":+•w,:�v �'(.°ay.� w'R "ttn;,. * !,•C ;E �f. '•t�;n` ` I �,�S 3��i,<i�+; Alt� � 4q,,r�f,'�( �^ yr ,•3 � `:.'" •b�,V; � �a���, 'S"�, ' r• �k�,t�';, �; .�` ,:,;;:'� ; � SoutholdTowiTs back to residents f feature a requiren periods. VEM CHiNESE PHOTO The proposed la Carey and Regan Meador outside their now-closed Southold tasting barn with their children,Coralai and Sawyer. rental period after revisions during ® original resolutior 'at' owl ® WHicry at seven nights. At the committ ® e ber Robert Ghosi, 0— "4'0 d_"�A .49,00M S ® "doesn't really acc( W1 Ll IuUt Per "It gives these l I Up -%el itweekend rentals e stay with seven ni Popular Southold tasting room ordered closed by town anBubt some board I think the 14 d, BY VERA CHINESE AND GRANT PARPAN stating that he is proposing to merge his family's "This is not a rentE STAFF WRITERS residential lot with the winery parcel to meet the Board member] 10-acre requirement.He also noted that he had cal the additional Southold Farm+Cellar, a year-old North Fork received assurances from town officials when ence,saying more wine producer that has generated buzz for ex- first pursuing his business that a variance would code was needed. perimenting with fermentation methods and not be necessary. The board votec grape varieties not commonly grown on Long Is- "As it stands, if the Zoning Board of Appeals public hearing on land,has closed its tasting room at the request of sees fit to not grant us the relief we are seeking, and to get feedba Southold Town's building department. the viability to continue to operate the farm as we dents. Michael Verity, Southold's chief building in- planned will cease to exist,"he wrote. The proposed spector,said Southold-Farm+Cellar was operat- At least one neighbor,Alison Latham,who lives only to residential ing with only a certificate of occupancy for a sin- across from•the Meadors on Old North Road,has rented out—mos- gle-family dwelling on its Old North contacted the town about the winery listed on home-s Road property.The town initiated dia- Iwasexpecting operation,according to town records. sites such asAirbr logue with owners Regan and Carey this income for In a letter the town received last Away— and not Meador last month and last Thursday Tuesday,Ms.Latham wrote that she apartments,hotel; asked the couple to cease tasting•room the next two believed the:tasting room should breakfasts. Thos operations on a voluntary basis. �� ' ; never have been operating under a their own regulatic "As of right now they have a CO for— months and I farm stand permit and that the busi- town code. Fisher a single-family dwelling," Mr.Verity " ness should not be in operation.She be exempt. said. "They should never have been don't know what had discussed the matter with the Fines for violat open." ZBA at a hearing-last month, accord- $8,000,said assiste The Meadors, who live'with their --this`_wi«-mean. ing to the letter. , -passed•later this) two young children-on their 23-acre ' Regan Meador Ms. Latham could not be reached around Thanksgiv vineyard property, opened the tasting for comment this week. For months,the room in June 2014 after launching a successful • At-the very least,last Thursday's events mean handle short-term Kickstarter campaign.They have since developed the tasting room will likely be closed during the ies across the cou a loyal following and-have frequently sold out of busy summer season, a short window of time cifically.In June, c their popular wines,like the sparkling red blend when producers hope to capitalize on business Town Hall during "Damn-the Torpedos" and the petillant naturel- ' ra visitors to the region: law to share their style"Weather to Fly." "That's the cornerstone of our business plan. Some feared a s Mr.Meador said last-Thursday that-he thought I was,expecting this income for the next two would disrupt the he could operate his tasting room under a town months and I don't-know what this will mean," while others argut farm•stand permit until he received a winery CO. Mr.Meador said.,"[Tasting.room sales] are a big of the area's touris "I'm shell-shocked right now," he said. "I re- chunk [of revenue.]Your margins are so slim on "This thing[shc ally didn't think that it was going to come down distribution that'you need to do that." nami and it's goin to this." This fall will be the first year Southold Farm+ old resident Susai Mr.Meador wanted to build a winemaking fa- - Cellar will have a homestead harvest,as the vines day's meeting. "PE cility in the coming years and has already begun are expected to mature this year.The winery had businesses, and it the process of obtaining a proper CO.He submit- previously bought grapes from other vineyards. the quality of our ted a site plan for the tasting room and winery in In the meantime, Southold Farm+ Cellar can Mr. Kiely said the spring-and received a second notice of dis-, still sell its wine on its website. received from the approval from the towns building department "There's been a huge amount of support in minimum stays. last month,in part because-the winery parcel is just a short time,"Mr.Meador said."I just hope Town Supervis smaller than 10 acres and does not meet the 100 we can find a way to make this work with ev- trying to "balanc feet setback requirement.The Meadors also need erybody and that we can be a great, shining these short-term to seekavariance for a non-conforming use from example of something that Southold can be dress the commu Southold's Zoning Board'of Appeals;a ZBA hear- proud of." The town may c EXHIBIT E AND- - - _ . All- Nei -- = GQFT1#'ASaiF*IIOi�6�A4a'fIOCd:'- A 235 Pinelakirii Rdt Melville.' ®',Ne�nr-SOutEh®Ic9 uvor�ery y - c �—r f CustonaerSerw3u�4.3l6iCYs-•- ' Care`i,left; _ toldto'end=faStb0 s sales y g _ - j11Ae - ador andai- t ntheir - ��� .: •i •Bro i�-' -newly_�lanted vineyard,in _ �v .���. - • ® Town Sa` 3�permits IIOt P - y Manl atrart,;800 662s2275'' � Southold in 201 obtained,-,.ow`hers ma 3' ' � . _ y close- - - _ � �- y ° 0 =.�er�s•ne�a �i�ti.:,: :F=,s.` v. 4,o"n isianti'ine�usroo"..,., s '_. f!? >d _ 'u Sti'M,a�w yy.v.&SPS;?`�*.t-" �Ys "`g:.'L``':;m•'. ,d- r ;�_. +;,v..,- _ ^v.`y .i'W.., '! a.U#dF&a _ 1.� i'a r',� - s- - g. ,,3 H •t x _ �_r,,M..r-rb' Yl aF ,. _n, % - 13USInCSS� hplogfl x'vy'''%s*' .� 4 !r"s�f.r;,k vt. = p,=TM_`�7:,a,'S .'Fs'•�-:.•,., .,„p...,;c"-c:�._ _ .a=•. ..,,3.s .a _au.%,.j.:a .�^.s3."�.'n` _.:-,. _ .�b�7=�' ,.1.;;f e.'- __=-r'-�a a t..p> _'-_"ti'-�_�,�' �_i ;-t rr",•.` ..'sue`,, .. v v-- /�'. e.ssa - .�e ��.y�,".a• ��Y '�r ,...y.,..-.n,....n g a;z. . ,` x.. . .� z, <b.- t,t �, -xs �•. '.e 6318432800+= Y MARK.HARRINGTON w3� ,, ,, 4 n - - $;: x - is ;,y��.?'=, , 4Ss'l,'y' Y r�" ;'�.fer9?." try. .r.:-ay `_ _ �.,r.. - -.t:Rt �.:�„,sa.,-.3 'S.;'{''i•ixp.vi',p'.„�. f ,-eti, ,.s.: r.c„',i re`#, S, ,..1.,,+ n_�"a ;; -"ri - - mark .arrin on n �a - + i 4 —'a • . `i ,�Sa _, ',, r t s. EC1i1 oL DeF2oi It;HEnteji; St _@_ewsday.com }, a.. , .- .. .• edrkoitnewsclacori .,'. ,r, - afi,Y;4` . srµ,,. :L ;"•� ,a,-.t�'„ '."4ti,.}.. i.'.;a' icuSiyy.� 5�:..1`'+r` ��'f 4'`': :. 'RE `�h'i�u h-F+'iF'�wr-a r "+r•P2kF�Sr� a$�-- ,.,:.ir,•e'�s mri i` One of the East End s newest <� �� � •• � 5: • sr General?coidact acld ;..: . vineyards has closed its tasting- 9 ' " ,, M, =.14,1111 „'a. , s g . ;W.ebCSnewsciay com. . room barn and-is considerin � � m <' pulling-up-roots_entirely after- �?.� �.� =`�•�- � ��, �_�. � ,,' �"''---�;��._�, _� , Y� � being told wine sales and tast- � :.« ?. cw �=t" h 4 , . _, a ecliforials@iiewscla' ",:� �. in s-were not_ ' .s j..ur.- .t. r r,'y"- .:. ermitted on its � � :. ., ,� . 1etYers i�:tf®. g P �-*. #-- �.,-, � ;.-�� �a�., �•- ';,��;._, -, �`�.m •Editor"-"ema�F 3 via' 2M'e v , ,, ,,. '. a, c�. 4M ' ro'e '-�: ;, yi,,.;- you c;: ,. - .ffih k �; g; r ' letter:&@ie P m'• •4„� •, h ,,- ;a. �: �_ ,._ wsclaycohi Southold Farm .+ ,x„�.,w;. _A.. . . ;_ ., .,.u� °rn, �s - sa Op ed sutireiisso0ns,email<, Cellar, a - ...; , ,:% `: owned,by Regan Meador and F a, N, ` K _ his wife Carew , r p Y 3l ~" ,'yMeador-,opened :.�� � ,, , xri a. . "'__.",,�'_„ ,�in••2013 with an•ambitious plan . •.>,s'c%r->�> �.�cr„�`. �:v''''�';;�t'u� �': '',�i„ �xs` t nr.•s.^'K=`;X;r NO, - - ti- .- `y- to__bring exotic wines and a �r� _ . . :� r --::: y,> rv ~L� ;xt 0 4 s„� _ r:. b - z o__ °email>Newsda'y arsiratl:com-or-"- down-home flair•to, Long-. Is- ¢ _ $.to:.�tewsda }2e.rints:com.' g ~ , g. Y. .P. land's•bustlui wine region,.,g; vr;,�.tw,.,ur°a r -;� ;r „; ,�>° •,r.=eb-,., .,�..:,;.,, ,,.Ro s�,`'„�.,,�,.,�e ,`�fl�®Qi1e� I - - �A,,x.,'t�•,.;� i,7'��.^-. wtN•, }M:.a<r,>r,^ "rw. .�. v; ,, ."��#v'a". t�, �r".,:., Re an Meador said,com ica-. ?a ,a i„^; ;L. ..t� w'v,G 'µ'du - +,..•�,yy m, z g .P_ Yz_, , ;T6subkdb0,tein(�'0Pnl app < tions from his plan to build,-a ==servicesorasatsoutblling,.. production barn beside an exist--• cupancy for the wine barn ` eals.in earl August. _ said he has al 'a = _ 118QOu-tleiivsela ;® P, Y ? w ys intended toManhattan and ing;tasting rooni';prompted his The property has an_open Meanwhile,- clo"sure=`"of the keep the operation small: '`We- ca11800fi5 =7275, F ! 'decis`ion.. farm arid• peririit "but there •-Meadors'-tasting-room;would;-F d®n',t,viet�r;this•-as,Any different :S1 e8er.hotriQdelivery at Meador, Bose wife and two are no CQs_or operating-<per.,;mea i.a-loss of revenue at a, frond a farm stand,"'he said:; rSew's"dayeom/s children,live in'a_house on the mits-or°approval's-for,Any,tast-_ time:when-most wineries are :Verity said having-a, farm !! ®r4 property,Y g P p ty,- g Tornabene cari:be.reach6J at,;c .-vineyard ` ro ert , -.said in on.that, ro" er -he said., seem their:busiest seasons. . = stand permit Would,not a_� .circulation@newsday:com>. Southold:"told him wine sales: - •Action -:,against :,Southold - 'Tnixeallp-nervous,about_los- for wine-tastings;'but declined ;.<-, s;:' -- and tastings weren't•,permitted- Farm+Cellar.was based on`-`nu-•._.ing;this month," he said. The to say whether a_ holder could i a°°AdJCha�sge4n,Ad'" ' ,-.at the barn and-lie-faced fines if merous complaints,"but Verity: -company does sell some wine ` sell wine. . Aiive�hsmg:,iii fia ono place;an ..: ad;°ca11;631=8484SOLD(7653j, sales continued. declined io_dYscuss_them:•Vicki ..through -outside, distributors;`° The Meadors,_bought -,the: e_niailaiis@riewsdaycom.orgo > ' And'while he said he was Toth; director,,of ..Southold'& , but,he gets higher.-profit sales:.;22-acre:property ftP 2012.from to newsday coriilplaceanad . still "hoping we can bring-the- :zoning board' of appeals;said ` from,his barn,where a•.glass`©fv -.Leucadia National-Corp.,which Pa!d,tH fh so i �631;,843 3162 Senior vacs; `"dent ferry Gown around to:our.thinking,' she,could'not comment on spe- wine sells:for'$I5. pulled.,•up:.stake's•,sliortly'after F;: r,.®uein cart,.be reacfaed of:-.... Meador-alsb-noted,_`%Were not cifics,of the ease. _ _ "I don t know howV6--could_ buying.- nearly, .'60 acres in- a- . ,,advertising@newsda`.com: ;; - - Y.,• w._ Pe sitting on big budget for legal She 'acknowledged that keep-going if we,couldn't do '.Southold in 2005- ead'' hopes, e°PaebEes battles.''-., Southold Barm-was",before the this,"Meador,said: he""won't be doing the same. -;`Gbrdoh?jvicLeod can,he'reac}ied Michael Verity,'chief build- ,-zoning board for a,variance.re - He:_-said- he';worried` that' „"This place 'is:a;dream,"'he at publi'sfier@newsdaycom ` ' ing,inspector in Southold, said,-'questing to open a winery build some'neighbors may have coin- said:`I`can't imagine having•;to the action was-taken because= ingand'a_tasting•room plained'_because of concerns move.=ori from it.`[But];if,;v*e==,1_ CORRitd OHS : I the Meador property lacked Meador said he is to go be- his tasting-room wouldhexpand have-to'sell it;.,werhave.to,sell. :- ,,. ' permits and a"certificate of oc- fore the zoning.board of ap beyond the existing barn. He iit"_=-_ - __ Newsday strives for-the highest - _ %Jelofaccurac-and faiinessand EXHIBIT F Subscription 1 Southold Faun + Cellar Page 1 of 3 Login Cart (0) OUR STORY + WINEGROWING + WINEMAKING WINES SUBSCRIPTION PROGRAM MAILING LIST BLDG VISIT TRADE C V< 3 As a small Family winery, we see our subscription program as a way of; making you even more a part of our world. Like a family table, this is a way to keep up with our most recent releases, the goings on and a way to enjoy each other's company. In addition, all of our wine release, invite- only backyard BBQ or potluck events will only be open to folks who are part of this family table. You will receive two bottles (one to share and one to hold) of every wine we release, regardless of when you join (unless something is-sold out). With two to three releases/shipments a year, Early/Late Spring and Fall, the average costs for the year will depend on the number of wines we release. The added benefits are: • Free Shipping on all orders. • Invitations to all of our invite-only wine release parties and backyard BBQ events • Access to subscription only wines First access to wines before mailing list-and general public 15% discount on orders of 12 bottles or more http://www.southoldfarmandeellar.conVclub-signup?club=530b698d7c081 c l l d8da9c31 6/24/2015 .. A cull, ,- cellar , Page 2 of 3 C01-nPlirneritary tasting for you and a guest In our Tasting Room before or when prcl<ing up the wines oo There is no fee to ,oin, but we do ask that members remain a subscriber for a minimum of one year. General Info Your Email" El This is a gift for someone else Bill To First Names Last Name"- Phone Company (optional) Street" Apt:/Suite (optional) City' Zipa outside the US? http://www.southoldfarmandeellar.coniklub-signup?club=53Ob698d7cO8l c 11 d8da9c3 l 6/24/2015 Visit Us Southold Farm+ Cellar Page 2 of 4 ���'`�s''j.-v��r.1 `".ct�',<<<-'' - ".,r,.r w��'�i�•,� g'.-°�--';," �;.,>�-.r-:^t�. 5 ,lY�h 4S''4y,iJ4�:tn•.`',,"s;-!r•�v�' 1' -� __ d...s5"s��k y � � �v Y,,.,v.•,ssi �/� �,� "i. -•=3S �S: ,4"=ut u. � r4'�p±7y- ��._`'•'sy' _ '.i}��J..sh�"l� +',�tl'`�.•� y�h,1v�,'t�,' VJ era � ,�'�o�n�{r--,-; ,?,e -- -' - <• - :i??.''7.-�c���''}'.F.tr g, r�t, +�_ ' t 1 ��,T -�i#' s. ��,r7s.. _- ma`s,d��;,• �x�=� ;� s �'i, 2, ,•t�•� '•" - ,z,:^:r-'•t:q..�V n ��_- �,�r�r5��< e�y�,'�,t�„'�::r. f`c �.'` ."^.'h��.'y.,`.,%;tS:az:�;l�,z'-'�•.:P:,aI.'•�;rs . �y,.�`c•='?`S.�`"z`?' { 4- 'tlut.n�_"Y" +aj ;�; .. r'h^n gy,.eR !`,.-j_•;'•',a;�'"�.;.,•5.:z::.^,i;3�_ 7�,`,�:;- - >='tt Fr,'E ,;� N t.,•�rs, '`, ?, 1.,+:x",`"+-.nys._ _ _ - - - _ -= ''`•�.SZ_apf texas- ��- �i (�s_F{-3 .•Yns.�•. 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PLEASE CONTACT US IF YOU ARE A PARTY OF 6 OR MORE BEFORE VISITING ! t,+r„�•//,�><x,.a,cn11t1hn1Afnrmnnr1rPllar rnm/rnntant 6/24/2015 EXHIBIT G ... .....1 WINERIES & TASTING ROOMS N Macad Vineyards&Winery The Winemaker Studio ORTH FORK macanwines.corn winemaker-studio.comx .ram TOWN OF RIVERHEAD McCall Wines SOUTHOLD AQUEBOGUE mccallwines.com Corey Creek if ineyards bedellcellars.com Comtesse Thirbse Pellegrini Vineyards pellegrinivineyards.com Croteaux Rosd Vineyards comtessetherese.com 'J, croteaux.com �FZZ,037- "";tt X, �,,�-- —1,Pugliese Vineyards JR, Paumanok Vineyards paurnanok.corn pUgliesevineyards corn Duck Walk North duckwalk.com BAITING HOLLOW Reilly Cellars W Baiting Hollow Farm Vineyard (516)446-2902 Mattebella Vineyards mattebella.com -41 baitinghollowfarmvine- Vineyard 48 yard.corn vineyard48winery corn The Old Field Vineyards JAMESPORT theoldfield.com Waters Crest Winery Clovis Point waterscrestwinery.com Onabay Vineyards clovispointwines corn onabayvineyards.com GREENPORT Biliberto Winery Kontokosta Winery One Woman Wines dilibertowinery corn kontokostawinery corn and Vineyards Z, Jamesport Vineyards MATTITUCK onewomanwines.com jamesportwines.com Gramercy Vineyards Southold Farm+Cellar Jason's Vineyard g ramercyvineyards.com southoldfarmandcellar.com jasonsvineyard.com Harbes Farm&Vineyard Sparkling Pointe Sherwood House Vineyards harbesvineyard.com sparklingpointe corn BREWERIES Sherwood h ousevine- Lieb Cellars Surrey Lane Vineyard yards corn liebcellars corn (201) 970-6757 & ,Zi LAUREL Macari Vineyards&Winery SOUTH FORK Laurel Lake Vineyards macanwines.corn LLwines.com Roanoke Vineyards BRIDGEHAMPTON DISTILLERIES RIVERHEAD roan okevi n eyards net Charming Daughters BAITING HOLLOW Martha Clara Vineyards channingdaughters.com Long Island Spirits marthaclaravineyards.com Scarola Vineyards SAGAPONACK lispirits corn North Fork Tasting Boom scarolavineyards.com WdIffer Estate Vineyard GREENPORT northforktastingroom.com Shinn Estate Vineyards woiffer corn shinnestatevineyards.com Greenport Harbor Brewing Company Palmer Vineyards WATER MILL harborbrewing corn palmervineyards.com SUHRIJ Duck Walk Vineyards PECONIC suhruwines corn duckwalk.com Roanoke Vineyards Greenport Harbor Brewing Company 7 1 roanokevineyards.net TJARA Vineyards harborbrewing.com tjaravineyards corn TOWN OF SOUTHOLD PECONIC RIVERHEAD CUTCHOGUE Anthony Nappa Wines Crooked Ladder Brewing Company Bedell Cellars anthonynappawines corn crookediadderbrewing.com bedelicellars.com The Lenz Winery Long Ireland Beer Company Castello di Borghese lenzwine.com long islandbrewi ng.corn Vineyard&Winery Osprey's Dominion Moustache Brewing Company castellodiborghese corn ospreysdominion.com moustachebrewing.com Coffee Put Cellars Coffeepotcellars corny Vineyards Twin Forks Brewery pindarnet 209-4233-twinforkbeer com Lieb Cellars helocellars.corn Raphael SHELTER ISLAND raphaelwine corn Shelter Island Craft Brewery Sannino Bella Vita Vineyard SOUTHAMPTON sanninovineyard.com Southampton Publick House publick corn 44 Northforker Vacation 2015 l Mattebella Vineyards Palmer Vineyards Reilly Cellars Southold Farm+Cellar 46005 Main Rd., Southold 512E Sound Ave., 37,025 Main Rd., 860 Old North Rd„ (631) 655-9554 Riverhead Cutchogue Southold (888)628-8323 (631) 722-9463 (516) 446-2902 (631)353-0343 mattebella.com palmervineyards.com Owner:Joe Reilly, . south'oldfarmandcellar.com Owners: Mark and Owners: Palmer family Owners: northforker pick- 2003 Christine Ferrari Tobin Winemaker: Miguel,Martin Merlot Regan and Carey Meador Winemakers• Mark Tobin northforker pick- Winemaker;Regan Meador and Eric Fry Roanoke Vineyards 2013 Sauvignon Blanc northforker pick: northforker pick: 3543 Sound Ave.,Paumanok Vineyards Riverhead 2013 The Devil's Advocate 2008 Old World Blend 1074 Main Rd., Aquebogue AND Sparkling Pointe McCall Wines (631) 722-8800 Love Lane, Mattituck 39750 Rt. 48, Southold 22600,Main Rd., paumanok.com (631) 727-4161 (631) 765-0200 Cutchogue Owners:Charles and roanokevineyards.net sparklingpointe.com (631) 734-5764 Ursula Massoud Owners: Richard and Owners: Cynthia and mccallwines:com Winemaker: Soraya Pisacano Tom Rosicki Owners: Russ McCall and Kareem Massoud Winemaker, Roman Roth Winemaker: Gilles Martin Brewster McCall northforker pick. 30th northforker pick: northforker pick: Blanc de northforker pick: Anniversary Special Edition Cabernet Franc 2012 Blancs 2010;90 points, Merlot Reserve 2009 Pellegrini Vineyards Sannino Bella Vita Beverage Tasting Institute. North Fork Tasting Room 23005 Main Rd., Vineyard. Vineyard 48 Baiting Hollow Commons Cutchogue 1375 Peconic Ln., 18910 Rt. 48, Cutchogue 3225 Sound Ave.,Riverhead (631) 734-4111 Peconic (631) 734-5200 (631)'727-9513 pellegrinivineyards.corn (631) 734-8282, vineyard48winery.com , northforktastingroom.com Owner: Joyce Pellegrini sanninovineyard.com Owners: Metz, Lamanna Owner: Frederick H.Terry Sr. Winemaker: Owners, Lisa and Anthony and Bortone families Zander,Hargrave Sannino Winemaker:,Matthew northforker pick Winemaker-Anthony Berenz Viognier,Martha Clara northforker pick: Sannino Vineyards 2011 Rose 2014 northforker pick: The Old Field Vineyards Pindar Vineyards northforker pick: Reserve Chardonnay 2012 Sauvignon Blanc 2014 s 59600 Main Rd., Southold Main Rd., Peconic Waters Crest Winery f (631) 765-0004 (631) 734-6200 Sherwood House Rt. 48/.Cox,Ln., theoldfield com pindar,.net Vineyards Cutchogue Owners: Christian Baiz, Owners: Damianos family 1291 Main Rd., (631) 734-5065 Rosamond Phelps Baiz Head Winemakers• Jamesport waterscrestwinery.com Winemakers: Rosamond Jason Damianos (631) 779-2817, • Owners:Jim and, Baiz, Eric Fry, Perry Weiss Winemaker: Edward Lovaas sherwoodhousevineyards.com Linda Waters Owner: Barbara Smithen Winemaker,:Jim-Waters northforker pick: northforker pick: 6 Winema'ker: Gilles Martin Cabernet Franc 2010 Sauvignon Blanc 2014 northforker pick: One Woman Wines Pugliese Vineyards, northforker pick: 2013 Pinot Blanc Merlot 2010 k&Vineyards 34515 Main Rd., ,` The W,inemak&r Studio 5195 Old North Rd.,Southold` Cutchogue Shinn Estate Vineyards by Anthony Nappa Wines (631) 765-120G (631) 734-4057 2000 Oregon Rd., 2885 Peconic Ln.; onewomanwines.com. pugliesevineyards.com Mattituck Peconic' Owner/Winemaker. Owners: Pugliese family (631)804-0367 (774) 641-7488 • j i Claudia,Punta Winemaker: Peter Pugliese shinnestatevineyards.com winemaker-st_udio.com T , Owners:'Barbara.Shinn and northforker pick: northforker pick: David Page northforker pick: II Gruner Veltliner 2014 Sparkling Merlot 2009 I g 2012 "dodici" Cabernet- l i VVinemaker:, i Merlot; 91 point rating, Osprey s Domini'oro ;Raphael' Patrick Caserta 44075 Main Rd., Peconic ; 39390 Main Rd., Peconic Wine Enthusiast, I (631) 765 6188, northforker pick. November 2014. (631) 765 1100 Sauvignon Blanc �'(888),295-6188 ' rap'haelwine:com ospreysdomirnon.com ; Owners: Jack and Owners: Bud Koehler ' Joan Petrocelli Winemaker:Adam Suprenant Winemaker:'Anthony,Nappa northforker pick:2010 northforker pick: Reserve Merlot,voted Best Rose of Pinot Noir 2014 Merlot,2014 New York Wine and Food Classic I I SUMMER WINE PRESS 201.5 55 Y L Patricia C. Moore -- Attorney at Law 51020 Main Road Southold,New York 11971 AUG - 4 2015 Tel:(631)765-4330 Fax:(631)765-4643 ZONING BOARD OF APPEALS To: Zoning Board of Appeals Re: Southold Farm & Cellar 860 Old North Road, Southold SCTM #1000-55-1-7 Appeal #:6861 Date: August 4, 2015 Ownership and Use of Property Southold Farm & Cellar is a farm winery. It consists of two separate properties operated under a single management devoted to agricultural use. As such it meets the definition of a "farm" in the Southold Town Zoning Code [280-4]' The farm consists of a one acre parcel containing the farmer's pre-existing single family dwelling and a pre- existing building located as shown on a survey (Exhibit A- Pre-CO) and the adjacent 22.6 acre vineyard from which the development rights have been sold. It is located in a designated Agricultural District. The two parcels are physically connected and operate as one integrated farm winery.2 The principals of Southold Farm & Cellar, Inc. which operates the vineyard and winery are Carey & Regan Meador. They live on the property with their two infant children. The one acre parcel is owned by Carey Meador (Tax Map #1000-55-1-7) while the Development Rights agricultural parcel of 23.65 acres is owned by Regan & Carey Meador. ' Farm is defined in the Southold Town Zoning Code as"[a] site or series of adjoining parcels under single ownership or management devoted to agricultural use." z Similar multi-parcel farm configurations are found throughout the Town. For example,Lieb Vineyard operates its winery on a 0.92 acre property abutting its 129 acre vineyard. [SCTM 1000-3-2.1 and 2.2 respectively] as does Raphael Vineyard with a winery on 6.84 acres abutting its 43 acre vineyard. [SCTM 1000-85-3-11.2 and 11.5 respectively]In both of these examples,the development rights were sold, leaving the winery operating on less than 10 acres of"developable"land. The Meador family farm winery,on a far smaller scale,operates on exactly the same principle with the winery on the one smaller site abutting the vineyard from which the development rights have been sold. Page 1 of 5 Building Permit and Notice of Disapproval The Meadors submitted an application for [1] a building permit for an agricultural storage building and [2] ancillary wine tasting in the pre-existing 21.4' x 20.8'tasting room. The Southold Town Building Department issued a Notice of Disapproval dated April 9, 2015 requiring site plan review. Subsequently, an Amended Notice of Disapproval dated June 19, 2015 was issued listing the following issues to be addressed: 1. A winery shall be on a parcel on which at'least 10 acres-are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner. (Article III, Section 280-13A,4) 2'. Bulk schedule allows one use per 80,000 square feet. The addition of a winery/tasting room, in addition to the existing single family dwelling, constitutes a second use on this 45,512 square foot parcel., 3. The proposed construction on the 45,512 square foot parcel in AC District is not permitted, the proposed 2 story frame building described as`'winery building" requires a minimum rear yard of 60'with a proposed setback of 15' and the preexisting tasting shed described as a "winery building" is proposed at the pre-existing setback of 4'. Family Farm Winery The Southold Farm & Cellar is a farm winery licensed by the New York State Liquor Authority. The Southold Zoning Code does not define what is a winery. The Southold Farm & Cellar farm winery is a small family vineyard and winery. The application before you is a "farm winery"which produces wine with an educational component for the wine enthusiast. The customer is given an opportunity to taste the wine before it is purchased. The tasting is not the primary use on the farm, it merely gives the customer the ability to select from the specialty wines being offered by Southold Farm & Cellar, Inc. The primary use is a vineyard on development rights agricultural land. The processing is already a use being conducted on the parcel, which is a condition of all NYS farm winery licensed premises. The proposed barn will store the agricultural equipment, the porch holds the juice containers for fermentation, the interior would also stores the bottles. The 400 sq.ft. pre-existing structure provides storage and an extremely limited tasting area for sampling only the wine produced by the Meador family and Southold Farm & Cellar, Inc. Southold Farm & Cellar does not, and will not offer the experience provided by other wineries located in the Town. The list set forth below offers a comparison of the Southold Farm & Cellar farm winery from other winery businesses. A simple outline of the comparison of the uses of most "Wineries" verses the uses conducted on the applicant's property demonstrate the wide range of permissible activities that fall within scope of winery operations from the small to the large: Page 2 of 5 Winery Uses /Activities Southold Farm & Cellar farm winery • owner/operator does not live on site Mr. and Mrs. Meador and their two young children live on site. The farm and winery is their • entertainment "home occupation". • music no entertainment • weddings no music • tents no weddings • buses no tents • limousines no buses • staff no limousines • minimal staff Addressing Issues Raised in Notice of Disapproval: 1. A winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner. (Article III, Section 280-13A,4) 2. Bulk schedule allows one use per 80,000 square feet. The addition of a winery/tasting room, in addition to the existing single family dwelling, constitutes a second use on this 45,512 square foot parcel.' The farm consisting of the two parcels are owned by the Meador family. The lands owned by Mr. and Mrs. Meador are operated as a farm under single management. The winery (comprised of the small tasting area within the 400 sq. foot shed, and space for processing within the agricultural storage building) and the vineyard are comprised of lands owned by related or common entities. The one acre is owned by Carey Meador (Tax Map #1000-55-1-7) while the Development Rights restricted parcel (23.65 acres) is owned by Regan & Carey Meador. Southold Farm & Cellar, Inc operates the farm winery. The one acre is completely dependent on the 23.65 acre adjacent parcel (Tax Map 1000-55-1-8.3). The applicant lives and works on the integrated properties. Historically, farms contained the farmhouse, the barns and related `out- buildings" serving the farming operation. And many farm families included on-site sales s The first two issues will be addressed together. Page 3 of 5 on the road front property with produce from the attached farming operation. The applicant, in reading the farmstand code, believed that the existing 400 sq.ft. farm stand building could be used for tasting. New York Agriculture & Markets Law and the Alcohol Beverage Control Law allow wine tasting at farm wineries. In its decision in Appeal#6388 (Regina's Garden), the Zoning Board granted substantial area variances for a farm office on a parcel with a single family residence. [Decision in Appeal #6388 attached Exhibit B] The Board recognized that the agricultural uses on multiple properties were interrelated and that the farm operation was "in keeping with the nature and character of the neighborhood." In that Appeal, the applicant offered covenants and restrictions to insure the continued operational relationship between the small lot [with house and office] and the neighboring farm properties. The Meadors are prepared to offer similar covenants and restrictions to maintain the integrated agricultural /winery operation between the two properties.4 The Meadors cannot locate the winery building on the vineyard property because the development rights were sold. It must be located on the same parcel as the pre- existing house and 400 square foot farm stand /tasting area. Neither the family house nor the proposed barn building /winery for processing are open to the public. And, as noted above, the Meadors intend to operate the tasting area as a very limited operation without busses, limousines, weddings, or other"special events". Furthermore, they accept such restrictions as conditions on the variances requested by this application. 3. Proposed construction requires 60' rear yard and 100' front yard setbacks While the area variance requested is substantial, the house and 400 foot shed (farm stand /tasting area) pre-date Town zoning. The 4 foot setback for the 400 foot shed was created when the parcel was created. The two story "winery building" should be located as close to the vineyard as is reasonably possible. Its proposed location with a 15 foot rear yard setback will have no impact on the development rights sold / vineyard property and maximizes the setback of the frontyard. [Importantly, the proposed winery building, shed and house, do not exceed lot coverage requirements] The barn storage/winery structure is located at the same front yard setback as a principal structure. Because the building will contain some processing, in addition to equipment storage, it cannot be located on the Development Rights sold parcel. The applicant can locate the barn as close as 5'to the rear property line without adverse impact on the use of the parcel. Placement of the barn as close to the rear property line will make storage of farm equipment more convenient. 4 The imposition of covenants and restrictions are preferred over the drastic action of merging the residential lot with the vineyard property. The legitimate concerns of the Zoning Board as it administers the Town Code can be accomplished with the use of covenants and restrictions. Merger undoes all prior planning and unnecessarily ties two parcels together denying the owners future choices with respect to the continued operation of the farm winery. Should circumstances change, [ie. family no longer wishes to operate a farm winery],the owners would have the option to sell either or both of their properties. Page 4 of 5 The location of the two story barn is proposed behind a natural treed buffer (see areal photo in your file). The applicant can move the barn to the west, further tucking the barn behind the natural wooded area. The development rights sold parcel will never be developed. The barn will have no impact to the adjacent (Development Rights Sold) parcel. The proposed use of the existing 400 square foot shed and construction of the two story barn storage /winery building will have no adverse impact on the character of the surrounding area nor cause an adverse impact on the physical or environmental conditions of the area. The subject property is located on the Old North Road, a road with limited vehicular traffic. It is adjacent to two farm houses and is adjacent to 64 acres of AC zoned land from which the development rights have been sold,on 48 acres. The Meadors will operate this vineyard /winery as a farm family winery, very different in scope and activities from other, larger wineries located in the Town, and the applicant will accept conditions on the scope of its operations consistent with its established, low- key operations. It is not designed, nor will it function as a large-scale place of public gathering. The hardship was not self-created since the applicant acquired both the farmhouse lot and adjoining vineyard as an integrated farming /vineyard operation with the intention of engaging in limited wine production and tasting on site, consistent with the provisions of New York Agriculture & Markets Law and the New York Alcohol Beverage Control Law. Even if it is determined that the hardship was self-created, that does not preclude this Board from granting the variances requested herein. Article XIV, Section 4 of the New York State Constitution provides that the policy of the State shall be to encourage the development and improvement of its agricultural lands for the production of food and other agricultural products. And the New York State Legislature enacted the Agriculture and Markets Law's Article 25-AA implementing that policy, stating that "local governments, when exercising their powers to enact and administer comprehensive plans and local laws, ordinances, rules or regulations, shall "exercise these powers in such manner as may realize the policy and goals set forth... and shall not unreasonable restrict or regulate farm operations. ,5 This traditional farm family winery should be welcomed by the Town as the low impact agricultural operation that it is, fully consistent with the stated land use policies and goals of the State of New York and Southold Town. s From"Local Laws and Agricultural Districts: Guidance for Local Governments and Farmers" Page 5 of 5 FOR14 NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 31252 Date: li 01 05 THIS CERTIFIES that the building DWELLING Location of Property 860 OLD NORTH RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473689 Section 055 Block 0001 Lot 007 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 31252 dated NOVEMBER 1, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY STORAGE BUILDING The certificate is issued to ANTOINETTE V. LYONS (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ET• =1CAL•CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. A on ed Signature Rev. 1/81 o�os tFGtkcoG Town of Southold Amex 2/25/2014 P.O.Box 1179 54375 Main Roadga t Southold New York 11971 \!�� vS r7Z:11�Yi CERTIFICATE OF OCCUPANCY No: 36784 Date: 2/25/2014 THIS CERTIFIES that the building, ADDITION/ALTERATION Location of Property: 860 Old North Rd,Southold, T.T SC'I'M#: 473889 See/Block/Lot: 55.4-7 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Pennit heretofore filed in this officed dated 8131/2012 pursuant to which Building Permit No. 37489 dated 8/31/2012 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issual is: ADDITION AND ALTERATIONS, INCLUDING COVERED 11RONT PORCH AND WOOD ENTRY FRON.r STOOP The certificate is issued to Meador,Carey of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 37489 02-21-2014 PLUMBERS CERTIFICATION DATED 02-14-14 Stare O'Connor ut oriz Signature BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF soUrlf� 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. ,14 Office Location: Gerard P.Goehringer CA Town Annex/First Floor,Capital One Bank George Homing ► • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider OlyCo Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD REC lYE Tel.(631)765-1809•Fax(631)765-9064 MAY 3 2011 FINDINGS,DELIBERATIONS AND DETERMINATION c.( MEETING OF MAY 18,2011 Southold Town Clerk ZBA FILE: 6388 NAME OF APPLICANT:Regina's Garden LLC(Edward and Monica Harbes) PROPERTY LOCATION: 1150 Sound Ave.,Mattituck,NY SCTM#1000-120-03-05 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 29, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject property is 1.0340 acres and improved with a two story framed house,one story framed building and several greenhouses. It has 200.00 feet of frontage on Sound Avenue,229.76 feet along the east property line,300.00 feet along the south property line and 245.08 feet on the west property line as shown on the survey prepared by Young&Young dated August 3,2005. BASIS OF APPLICATION: Request for Variance from Code,Sections 280-13 and 280-14,based on an application for building permit to operate a farm office in a non conforming building,and the Building Inspector's March 10,2010,Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule. RELIEF REQUESTED: The applicant requests relief from the Notice of Disapproval dated March 3, 2010 that indicates that this proposed,second use of the existing nonconforming agriculture structure as a farm office is not permitted pursuant to the Code, as the Code requires 80,000 square feet per permitted use in this AC Zone. The subject parcel is 45,041 square feet and presently has an established residential use. Therefore the subject parcel has a lot area deficit of 34,959 square feet for one use and a lot area deficit of 114,959 square feet for two uses (residential and agricultural). ADDITIONAL INFORMATION: The subject parcel has a two story frame dwelling as a residential use presently occupied by an employee of the Harbes agricultural business. The subject parcel also has multiple existing agricultural structures including the subject existing agricultural structure. The parcel existed in the past with two uses,residential and agricultural prior to the transfer of the property to the applicant in 2006.The subject parcel i j t Page 2—May 18,2011 ZBA Filet16388'—Re&a's Garden CTM:1000-120 3-5 adjoins a 13.9 acre parcel which the applicant leases, from a family member, for his agriculture business. The app 11'cant submitted an affidavit confirming this arrangement dated March 4, 2011. The applicant also owns other agricultural properties across the street from the subject parcel where he also performs his agriculture business.The applicant proposes to use the subject agricultural structure as a farm office to support his local agricultural business,which includes the 13.9 acres adjacent to the subject property. The applicant has produced and will annex to the subject parcel covenants and restrictions,approved by the ZBA, that will restrict the use of the subject parcel and its structures to the applicant's continued use of the adjacent 13.9 acres for agriculture. The Planning Board, in a Memorandum dated May 3, 2010, replied to the ZBA's request for comments on the subject application. The Planning Board stated that it"has no objection to the requested variance relief requested on the basis the building is existing, not changing in size and appropriate for the overall use of the site and building."The proposed farm office use requires site plan review by the Planning Board. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application July 29,2010,September 23,2010, December 2,2010 and February 3,2011 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Granting of the requested variance will not produce an undesirable change in the character of the neighborhood,or a detriment to nearby properties. There are no proposed additions or alterations to the existing and pre-existing structures on the subject parcel that may produce an undesirable change in the character of the neighborhood. , e p-iopo-sed,Rfarm�offce-ais$tie-84in`�thedadji cent fa=m operat,oniand�would�tt'eyin7keeping with`glree7nature—andTcharaeter-of.lhe-�neighborhood. 2. Town Law 5267-b(3)(b)i2). The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance."fhg e plica� an does riot-owrrthe adjoining Y3 9=acreTarcel to the south whighmownershipvould allow the anplicant:.tormergetltese parcels and subsequently then acquiring �r�uJied squarefooagetosuppoan additional permitted use. The applicantalsooenofhave�ariothersuitablen size and�having�such,a-conveniettt-easily aecessibleandcentralloeationforafarm office. 3. Town Law §267-0)(b)(3). The variance granted herein is substantial with respect to the present Code, however structures on this subject parcel have existed for 40 years and the parcel and uses thereon originally conformed to the Zoning requirements. The office is not open to the public. 4. Town Law U67-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The use of the agricultural structure as a farm office is minimal and supports a use that has not adversely impacted the neighborhood. The proposed farm office is tied into the adjacent farm operation. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created.The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase 6. Town Law -4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an agricultural use of a farm office in an existing structure on a nonconforming parcel while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. Page 3—May 18,2011 ZBA File#6388—Regina's Garden J CTM:1000-120-3-5 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to GRANT,the variance as applied for,and shown on the plans dated stamped April 2,2010 received by the Zoning Board of Appeals labeled Harbes Farm South—Elevations and Harbes Farm South—Interior Plan 1 story frame building. Conditions: 1. The relief granted is contingent to the proper recording of the Covenants and Restrictions approved by the ZBA. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses;setbacks and,other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman(Chairperson), Horning, Goehringer,Dinizio,Schneider. Th`Res lion was duly ad, d(S-0). L.(Jl'Ii Leslie Kanes Weisman,Chairperson Approved for filing /� /2011 ;ECEIVED DECLARATION OF COVENANTS JUL Z 5 2011 BOARD OF APPEALS THIS DECLARATION made this AS day of kww ,2011, by Regina's Garden LLC,a New York Limited Liability Company with an office ocated at 715 Hallock Lane, Mattituck,New York 11952,hereinafter referred to as"DECLARANT" : WITNESSETH: WHEREAS,DECLARANT is the owner of certain real property located at Sound Avenue,Mattituck,Town of Southold,County of Suffolk, State of New York,described in the Suffolk County Tax Map as District 1000,Section 120, Block 3, Lot 5 which is more particularly bounded and described as set forth in Schedule"A"annexed hereto,hereinafter referred to as the Premises; WHEREAS,for and in consideration of granting approval for two farm related uses on a 1.1 acre lot(the Premises),the Zoning Board of Appeals of the Town of Southold has deemed it to be for the best interests of the Town of Southold,the owners and prospective owners of said lot that the within covenants and restrictions be imposed on said lot,and that said Zoning Board of Appeals has required that the within Declaration be recorded in the Suffolk County Clerk's Office;and WHEREAS,the Declarant has considered the foregoing and has determined that same will be in the best interests of the Declarant and subsequent owners of said lot; NOW,THEREFORE,THIS DECLARATION WITNESSETH : That the Declarant for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish,covenant,and agree that the Property shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers and holders of said premises;their heirs,executors,legal representatives,distributes, successors and assigns,to wit: 1. The described lot referred to as the Premises,includes two uses which support the adjoining farms, a dwelling and a 1,200 sq.ft. structure attached to greenhouses, which structure is to be restricted to use as a farm office for such purposes as bookkeeping,marketing,personnel,management and managerial meetings, subject to these covenants and restrictions. 2. The farm office shall be used solely as an office to service the surrounding farms land south of Sound Avenue-and not as a general office or for any other purpose Page -1- �1 3 8� RECEIVED which is not related to farming operations on the surrounding tracts of land JUL 2 � 2011 (SCTM#1000-120-03-11.10; 1000-120-3-11.9; 1000-120-3-11.8; 1000-120-3-BOARD OF APPEAL 11.11; 1000-120-3-2).In the event the Declarant,its member(principal)or member of the principal's family no longer leases or has an ownership interest in the aforementioned properties,the use of the structure as,a farm office shall cease. 3. Concomitantly,the dwelling at the described Premises shall be used as a single family dwelling in connection with the farm use of the surrounding land and shall be occupied by the principal of Declarant,a member of the principal's family or an employee of Regina's Garden,LLC or its principal who is engaged in the farm operation. 4. The farm office and dwelling relative to farming the surrounding land are connected uses and failure of the owner of the Premises to adhere to both uses'or those uses otherwise permitted by the Southold Town Code shall be a breach of this Declaration and permit the Town of Southold to employ any enforcement remedy available for a violation of the Southold Town Code Chapter entitled "Zoning." 5. In the event the Premises is sold or transferred to any party not engaged in farming the surrounding tracts of land then the dwelling and the farm office structure at the Premises may be used only in accordance with the applicable provisions of the Southold Town Code. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Regina's Garden LLC By: STATE OF NEW YORK) SS.. COUNTY OF SUFFOLK) On the-•s day of AU the year 2011 before me,the undersigned,personally appeared, Mo 11 j Ca q4 QyVyersonjly knowinn to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument,the individual or the person upon behalf of which the individual aacted,executed the instrument. Notary Public ' M11 ME V.BROM Page-2- *AwM OW66nbpw aa.•%��3 RECEIV* mww 06 l010 ZBA#6388 Page 2 BOARD OF AppEq aM y Based on the above reasons,the Planning Board has no objection to the requested variance relief requested on the basis the building is existing,not changing in size and appropriate for the overall use of the site and building. If you should have'any questions or require additional information,please do not hesitate to contact the Planning Office. 2 BOARD MEMBERS �®f S0 -` Southold Town Hall Leslie Kanes Weisman,Chairperson ®�+ ®� 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �® ® Ada® 54375 Main Road(at Youngs Avenue) Kenneth Schneider G'QU (,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 6, 2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, AUGUST 6, 2015: 10:00 A.M. - SOUTHOLD FARM and CELLAR, INC. (MEADOR) #6861 — (Adjourned from 7/2/15 PH) Request for Variances under Article III Code Section 280-13A(4) & 14, and Article XXIII Section 280-124 and the Building Inspector's April 9, 2015, amended June 19, 2015 Notice of Disapproval for a building permit for conversion of an existing building to a tasting room and construction of a new winery building, at: 1) (winery building) less than the code required minimum setback of 100 feet from a major road, 2) (winery building) located on a parcel less than the code required minimum of 10 acres, 3) (winery/tasting room) constitutes more than one principal use, 4) (winery building) at less than the code required minimum rear yard setback of 60 feet, 5) (tasting room) at less than the code required minimum rear yard setback of 60 feet, located at: 860 Old North Road Southold, NY. SCTM#1000-55-1-7 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(cD-Town.Southold.nv.us Dated: July 6, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 1 I TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK ' i AFFIDAVIT OF In the Matter of the Application of MAILINGS Southold Farm & Cellar Inc. (Name of Applicants) SCTM Parcel# 1000- 55-1-7 COUNTY OF SUFFOLK STATE OF NEW YORK I, Margaret Rutkowski residing at Mattituck, New York, being duly sworn, deposes and says that: OtI the 16th day of July 20 111 personally mailed at the United States Post-Office in Southold ,New York,by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the(x)Assessors,or{ ) County Real Property Office for every property which abuts and is across a public or private street, or.vehicular right-of-way of record, surrounding the applicant's property. d (Signature) Sworn td before me this 16 day,of`� ly , 20 15 (Notary Public) PATRICIA C.MOORE (Votary Public,State of New York Suffolk County-No.4861668 Commission Expires June 16,—2L0J&' - PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. MOORS LAW OFFICE 4.Restricted Delivery? 3.Service Type 51020 MAIN yD J(Extra F,e), !Ej�'IY6s4 I SOUTHOLD-- , 2. Article Number 7104 2438 8090 0000 4981 ,V�i 41 I� Sign ture, (E]Add r DAg nt) ress By early)r II II IIIIIIII ' 8090" 0000 4981 13 (Please P fi' C ? 4 2438 t t1V r C.T5ate of Delivery 1. Article Addressed To: P H I L I P BURNS' D.Addressee's Addresl_(jfDjffewnLtFmmAddmss UzedbySendeO 0 A D Squ L/1161t-1 S 0 Secondary Address/Suile!Apt,l Floor(Please Print Clearly) --- -------------- - ---------- -- -------------------------------------------------------------- C3 Delivery Address �M �oityl I stale C3 0 11C3 Ln -1 3 - —- 7-:1 =--= C3 Type C3 4.Restricted Delivery? 3.service MOORE W OFFICE F#Eg) i r 51020 MAIN ROAD (Extra Fee) [:]Yes CERTA ;3 C3 II SOUTHOLD NY 11971 C3 a- 2. Article Number C3 <> af 1ti 7104 2438 8090 0000 4998 iu l J Er- Ir c13 F- I II III IM 0 < w II IIIIIIIIIII <> ru V ;� w A. sign re (OAddressee or ElAgent) ca le A Ii C3 <> � J J X go 0000 4998 B. Received By (Please P t arly) 7104 2438 80 _J C3 Er- -.1 ru =) H C3 <> II C4 G lilt' Article Addressed To: M r_=1 C.Date of Delivery CAROLYN HAMAN D.Addressee's Address(wiffe-w: 1020 OLD NORTH ROAD SOUTHOLD NY 11971 :k :N •`Secondary Address/Suite/Apt I Floor(Please Print Clearly) I -o � i�d�� y I Cb J z 'I Delivery Address _Po. g7l Ei :D E6 .City..................................... .State----------- Q O C3 3.service Type 'a MOORS LAW OFFICE 4.Restricted Delivery? GO < (U 51020 MAIN RO`AD (D (Extra Fee) y e s %I C a) G) 0 0 :< la SOUTHOLD NY 110,1 ��7k a) Nll 0 2. Article Number '0 cuo X 0 7104 2438 8090 0000 4967 i', �� ® IN '�————————-----———— A. Sign ure- oAddressee or Agent) IIIII II IIIIII III I' B. Received By (Please Print Clearly) 7104 2438 8090 0000 4967 6 d e-0&()iq 6A, C.Date of Delive 1. Article Addressed To: JOHN A. SEPENOSKI D.Addressee's AdYress(imifierenwromAdd—Usedbysendoo 5600 H O R T O N LANE SOUTHOLD NY 11971 Secondary Address/Suite/Apt I Floor(Please Print Clearly) ................................................................................. Delivery Address ................................. ........... I LL-6 --_State zi� 11 William&Carolyn Haman 1020 Old North Rd Southold,NY 11971—55.4-6.1 Carolyn Haman 1020 Old North Rd.Southold,NY 11971 -55.-1-5.4 Philip Burns 500 Old North Rd.Southold,NY 11971—55.-1-8.1S Regan and Carey Meador 860 Old North Rd.Southold,NY 11971—55.-1-8.3 John A.Sepenoski 5600 Horton Lane Southold,NY 11971—54.-3-24.4 John A.Sepenoski 5600 Horton Lane Southold,NY 11971—54.-3-245 Peconic Land Trust 296 Hampton Rd.PO Box 1776 S6uthampton,NY 11969—55.-1-8.4 I RECEIPT RECEIPT i RECEIPT , RECEIPT 7104 2438 8090 0000 5001 7104 2438 8090 0000 4998 7104 2438 8090 0000 4981 7104 2438 8090 0000 4974 FROM- FROM FROM, FROM- Moore Law Office Moore Law Office Moore Law Office Moore Law Office RE Southold Farm&Cellar f' RE Southold Farm&Cellar RE Southold Farm&Cellar RE Southold Farm&Cellar h I SEND TO- l SEND TO: I SEND TO, SEND TO• \Wtlliam&Carolyn Haman Carolyn Haman i Philip Burns Regan&Carey Meador 1020.01d North Road 1020 Old North Road 500 Old North Road 860 Old North Road Southold NY 11971 Southold NY 11971 Southold NY 11971 Southold NY 11971 i i FEES FEES. FEES: FEES. Postage 0 705 Postage 0 705 Postage 0 705 Postage 0 705 Certified Fee 345 Certified Fee 345 Certified Fee 345 Certified Fee 345 Return Receipt 280 Return Receipt 280 I Return Recei t 280 Return Receipt 280 R stncted Restn5 Restn �® Ae Reslncte t N OL i To ® � 955 To ® 14 55 { TO ®L 5 f TO •(� ® 55 P , RK O I� MARK O PhD `T MARK OR D I f MARK OR ® 0 .JUL 16;Is J1 IL 16 2015 RECEIPT RECEIPT PT 7104 2438 8090 0000 5018 7104 2438 8090 0000 4967 RECEIPT 7104 2438 CEI 0000 4950 FROM- FROM' FROM: Moore Law Office Moore Law Office Moore Law Office RE Southold Farm&Cellar RE Southold Farm&Cellar RE Southold Farm&Cellar i SEND TO. SEND TO' Peconic Land Trust John A Sepenoski SEND A Sepenoski P 0 Box1776 5600 Horton Lane John n Lane 5600 Horton Southampton NY 11969 '{ Southold NY 11971 Southold Lane 1971 FEES: FEES:Postage 0 705 Postage 0 705 d FEES ES Certified Fee 345 Certified Fee 345 ` Postage 0 705 Return Receipt 2 80 II Return Receipt 280 I Certified Fee 345 Re'tno Restricted Return Receipt 280 TO�l �O'® �}'� 955 Ij TOTA 0LD 5 TO Restricted Q 6.955 � y ® TMARK O, E ` PO® ARK - OR D � TMARK O E W JUL 16 2013 16�15 � r � ,. JUL 16 2015 MOORE LAW OFFICE y 4. Restricted Delivery? 3.Service Type rl 51020 MAIM AD I ' I I I j s f I ' i i (Extra Fee)t Yes i z 1 CERTMED SOUTHOLD IN �1971;.; r , t ; 2. Article Number 7104 2438 8090 0000 5018 �I� r I I A. Si n A e r❑ nt) �relll IIIIIIIIIII�I�IIIIIIIIIIIIIIIIIIII 1 B. R ve By. (Please not Clearly) \ �� �.� r.�04 2438 8090 0000 5018 C. Date of Delivery 1. Article Addressed To: I � II PECO1" D.Addressee's Address(nDdrerentFromAddrassUsedbysendert y C,AIND�-T(�0S1` P.O. BOX 1776 I � SOUTHAMPTON NY 11969 Secondary Address/Suite 1 Apt /Floor(Please PNnt Clearly) it Delivery Address V .........................•----------------- ------- -----•----..._.._....._._.._ CIty1 ,State ZIP+4 Code J TMOORE LAU- OFFICE 4.Restricted Delivery? 3.Service Type 51020 MAIN ROAD I I 1 1 1 I I I I I • ) l r l;�; ! 1 1 1 1 (I:Xtra Fee) ,Yes; ; CERTI ED ' I SOUTHOLD NY. 17;971 2. Article Number ' I 7104 2438 8090 0000 4974 I1 ,I i I A. SI at ( essee or❑Agent) I IIIIIIIIIIIIIIIIIII�IIIIII�IIIIIIIIIIIII ! I B. Received By (Please Print Clearly) 1,111,0 4 2438 8090 0000 4 9 7 4 � C� ern i�P,�i r1 el, I 1 C.Date f Delivery 1. Article Addressed To: j REG,'`N & CAREY MEADOR D.Addressee's Address(IrDlflerentFmmAddme UsedbySende4 8 ',,OLD NORTH ROAD SOUTHOLD NY 11971 j Secondary Address(Suite I A t /Floor Please PNnt Clearly) I ' I ...........................•--•--------•---•--•-•••••••-•-••----_--------.--.-----• Delivery Address f 1 I ••---•--•---•-•--------••--•--------------- ----- ----------------------•--••- City State ZIP+4 Code ' M 0 0 R E LAW O F I C 4. Restricted Delivery? 3.Service Type 51020 MAIN' ROAD SOUTHOLD N,Y'1-19 71 + 1 !` `1 ;++; (Extra Fee) 0 Ye s i i CER���9E® 2. Article Number 7104 2438 8090 0000 4950 ® o a ®A'Signature* ([]Addressee or❑Agent) IIIII II IIIII I III���II�III�II I 1 p ®6 IIIIIIIIII { B. Received Please Print Clearly) 7104 2438 8090 0000 4950 I C.Date of Delivery' �1 1. Article Addressed To: ' II D.Addressee's Address prDiflerentFmmAddms U,redbysandor; J O H N A. S E P E N O S K I 5600 HORTON LANE i SOUTHOLD NY 11971 ' � Secondary Address/Suite/qpt /Floor(Please PNnt CleariyJ , I 1 ...................................................a..___......._..__.............................. Delivery Address ' 1 ' I Wfi-----------------------•--------•-•--• ---- — State •-- ----- --....._............ j City ZIP+4 Code I I I, 4AP �D TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING S0UT1f-01-b F192.M * GELLgp- TIVC, (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#I000- 5:5-- COUNTY OF SUFFOLK) STATE OF NEW YO,, _v+RK) 1, L Ol z-A V yU,�'� residing at ���) old �U,0 71 ,New York, being duly sworn, depose and say that: On the 21 S+ day of J U L-y , 201.5-, 1 personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)-facing the street or facing each street or right-of-way entrance,` and that I hereby confirm that the Poster has remained in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be 19 W G• 457, o/.!!;- (Signature) Sworn to before me this j-----D-ay of - /' , 201 S' - U� BETSYA.PERKINS Notary Public,State of New York (N y ublic) No.01 PE6130636 Qualified in Suffolk Co�u�i�� - Commission Expires July 1 �[ '� near the entrance or driveway entrance of my property, as the area most visible to passerby. -w NuTlt . E COF HEARINk;i The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold: NAME SOUTHOLD FARM & CELLAR INC . #6861 MAP # 550= 1 =7 VARIANCE SETBACKS; 2 PRINCIPAL USES ; ACREAGE REQUEST TASTING ROOM/NSW WINERY BLDG . DATE : THURS , AUG . 6 , 2015 10EMOO AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM - ZONING BOARD -TOWN OF SOUTHOLD 765 =1809 x � X #12351 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 23rd day of July, 2015. Principal Clerk j LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS IV THURSDAY AUGUST 6,2015 a me this day of 2015. PUBLIC HEARINGS 10.40 A M.-MICHAEL and ERIN I NOTICE IS HEREBY GIVEN,pur- WARLAN #6876 - Request for Van- suant to Section 267 of the Town Law ances from Article III-Code-Section and Town Code Chapter 280(Zoning);1 280-15 and the Building Inspector's June Town of Southold,the following public I 1 19, 2015 Notice of Disapproval based hearings will be held by the SOUTH- on an application for building permit to OLD TOWN ZONING BOARD OF 'construct an accessory garage and an in APPEALS at the Town Hall, 53095 ground swimming pool,at:locations in Mam'Road, P.O Box 1179, Southold, other than the code required rear yard, CHRISTINA VOLINSKI New York 11971-0959,on THURSDAY located at. 1145 Jackson Street (New NOTARY PUBLIC-STATE OF NEW YORK 'AUGUST 6,2015. Suffolk Avenue); New Suffolk, NY. NO. 01 V06106050 1000 AM - SOUTHOLD FARM SCTM#1000-117-9-81 ,and CELLAR,NC(MEADOR)#6861 10,50 A.M.-BRIAN HARRIS#6873 _ Qualified In Suffolk County -(Adjourned from 7/2/15 PH)Request -Request for Variance from Article III My Commission Expires February 28, 2016 for Variances under Article III Code Code Section 280-15 and the Building Section 280-13A(4) & 14, and Article Inspector's April 3,2015 Notice of Dis-' ,XXIII Section 280-124 and the Building approval based on an application for -11.36 A M.-CHRISTOPHER ARI- 'Inspector's April 9,2015,amended June building permit for accessory garage,at; 19, 2015 Notice-of Disapproval for ENS #6875 - Request for Variances PP 1 location other than the code required buildin ' ermrt for conversion of an ex- ) from Article XXIII Section 280-124 and g P rear yard, located at: 854 Bridle Lane � Article XXII Section 280-116B and the The-Board of Appeals will hear all isting building to a tasting room and con- Cutchogue,NY.SCTM#1000-102-4-5.5 Building Inspector's May 29,2015 No- Persons or their representatives,desiring struction of a new winery building,at 1100 A.M. - PETER and SUSAN to be heard at each hearing,and/or desir- 1 wine building)less than the code cats of Disapproval based is an appli- ' ) (winery g) HONIG #6874 - Request for Variance cation for demolition of existing single ing to submit written-statericata-bcfore required nummum setback of 100 feet from Article XXII Section 280-116B and the conclusion of each hearing. Each from a ma or road,2 wine building) family dwelling and construction of a g g- J )(winery g) the Building Inspector's June 9, 2015, hearing will not start earlier than desi located on a parcel less than the code re- amended June 19,2015 Notice of Disap- new single family dwelling, at; 1) less than the minimum code required front � rated above. Files are available for re- quired minimum of 10 acres,3)(winery/ proval based on an application for build- yard setback of 35 feet,2)less than the G view during regular business hours and tasting room)constitutes more than one in permit for additions and alterations nor to the day of the hearing. If you use,4 (winery building)at less g P code required bulkhead setback of 75 P principal )( Y g) � to existingsingle familydwelling,at;1 have questions,'please contact our office than the code required minimum rear less than the g ode required bulkhead feet,located at.455 MacDonald Cross- at,(631) 765-1 09,or by email' Vicki yard setback of 60 feet,5)(tasting room) setback of 75 feet,located at-745 Wa- mg (comer MacDonald Road) (adj. to Great Peconic Bay) Laurel, NY. Toth@Town.Southold.ny.us. at less than the code required minimum ters Edge Way(adj.to Hog Neck Bay) . I Dated:July 7,2015 SCTM#1000-145-4-17 rear yard setback of 60 feet, located Southold,NY.SCTM#1000-88-5-62 " ZONING BOARD OF APPEALS f 1:15 PM. - JAMES KNOBLOCH at:860 Old North Road Southold,NY 11 15 A.M.-EMMA VAN ROOYEN LESLIE KANES WEIERSO SCTM#1000-55-1-7 #6809-(Re-opened by Board Resoln- _ #6871 -.Request for Variances from CHAIRPERSON Bon)Request for 10:20 A.M.-JAY P and KAREN A —Article-XXIII Section 280-124 and I 0-14and the Build- Variance from Article A XXIII Section 28 a BY.Vicki Toth QUARTARARO #6872 - Request for the Building Inspector's June 1, 2015 54375 Main Road(Office Location)Variance from Article III Code Section Di Inspector's August n application Notice of ` '� amended June 15,2015 Notice of Dis- 53095 Main Road(Mailing/USPS) 280-15 and the Building Inspector's June approval based on an application for Disapproval based"a an application for g P � PP PP P.O.Box 1179 , j building permit an"as built"deck addi- 12,2015(renewed)Notice of Disapprov- ' building permit to construct additions � Southold,NY 11971-0959 � tion to existing,single family dwelling, al based on an-application for building,, and alterations to existing single family I at;1)less than the code required single 12351-1T 7123 - permit for accessory in-ground swum- dwelling,at, 1) less than the minimum ,' side yard setback of 10 feet,located at- code ming pool,at;1)location other than the code required side yard setback of 15 side y a d e t Drive East Marion, at- code required rear yard,located at:4294 feet,2) less than the code required to- I SCTM#1000-37-1-19 Y. Wunneweta Road (adj to Wunneweta tal side yard setback of 35 feet,located � - ---------------- - — -- - -- - , Pond)Cutchogue,NY.SCTM#1000-111- at-575 Hill Road(adj.to Jockey Creek) 14-27.1 _ _____ _ Southold,NY SCTM#1000-70-4-2q- ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1sfi Floor 54375 Main Road and Youngs Avenue, Southold website- net July 6, 2015 Re: Town Code Chapter_ 55 -Public Noti-ces for Thursday, August 6 , 2015 Hearing Dear Sir or Madam. Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before July 20 th% Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or during the hearing providing the returned letter to us as soon as possible; AND not later than July 27th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later July 2°t1i: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prier to hearing. (it is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before August 4, 2015. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR MOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encis REOEIVE© ��p� JUL 2m5 EALS Allison Latham ZONING 130A'Ko OF APP 1755 Old North Road, Southold Comments regarding Southold Farm& Cellar Application#6861 Public Hearing,-July 2, 2015 As the applicant has requested an adjournment of this hearing,I would like to, in large part,reserve my comments regarding this application until a further public hearing is held on the amended application due to the amended Notice of Disapproval issued by the Building Department dated June 9, 2015. However,I feel I must address a question posed to me at the last public hearing on this matter by member Dantes to clear upon any possible misconceptions. Member Dantes asked me if there is already a tasting room at the applicant's location and I responded in the affirmative. He then asked me if I.had spoken with the code enforcer, and I responded in the negative. The reason I had not was that I had assumed,as I think is quite natural,that if one posts a sign with a business name and another sign that reads"open",that one has applied for and received all of the necessary approvals to do so. As it now appears,this was not the case. You may be certain that I will never make such an assumption in the future. Regarding the future hearing,I think that the Board should be aware ofwhat I have found through my research thus far. First,I have learned that the applicant obtained a NYS Liquor License as a"farm/winery"effective February 20, 2014. Applicant applied for a building permit for a"farm stand"on May 28, 2014, which permit was granted on June 10, 2014. It appears,however, that applicant never should have been granted this permit, as applicant clearly did not(and does not)meet the criteria for a farm stand and applicant never intended to operate a farm stand but,rather, a tasting room. Second,there are several substantive problems with the"farm stand" classification.-First,pursuant to Town Code §72-6(A)(1), a farm stand is to be located ON lands used in bona fide agricultural production. The parcel which is the subject of this application is 1 acre in size. No agricultural production occurs on this 1 acre parcel. Second, pursuant to,§72-7(A), at least 60% of the gross dollar value of all items offered for sale at a farm stand must consist of agricultural products grown by the farm stand operator. It appears from observation that the only agricultural product grown by applicant is grapes. These grapes are-then processed into wine. Pursuant to §72-7(B), no more than 40%of the gross dollar value of all items offered for sale at a farm stand may consist of....items manufactured or processed from agricultural products. Pursuant to § 72-4,wine is a"processed agricultural product". It,therefore, appears that the"farm stand"does not meet the code definition of a farm stand and never did. Code Enforcement and the Chief Building Inspector, and now the ZBA(to the extent it did not already know), are now thoroughly aware that applicant is operating a tasting room and not a farm stand without any approvals for same. I am advised that applicant was told last week that the tasting room may not be opened for business. Applicant's tasting room was open for business despite the warning on Friday, Saturday, Sunday, and Monday. To my knowledge, violations have not been issued to applicant. 1 P It is against this backdrop of failure to obtain permits and continued operation in the face of direction to cease operation that this application must be viewed. I will reserve all other comments until the revised application has been fully reviewed. Thank you for your attention and conduct. JUL 7 2015 ZONING BOARD OF APPEALS 2 860 Old North Rd Southold,NY 11971 Phone:631-353-0343 FPK&R E-Mail:rm@southoldfarmandcellar.com Web:www.southoldfarmandcellar.com I June 24,2015 RECEIVED Zoning Board of Appeals Town Hall Annex Building _ JU N 2 4 2015 54375 Route 25 P.O.Box 1179 ZONING BOARD OF APPEALS Southold,NY 11971 To Whom It May Concern: We would request that our hearing on July 2°d,2015 be adjourned so that we may address the new variance issues within our updated Notice of Disapproval.We apologize for the late notice. Sincerely, e o Xgan Meador Southold Farm+ Cellar i 860 Old North Rd m Southold,NY 11971 Phone:631-353-0343 E-Mail:rm@southoldfarmandcellar.com 41+T Web:www.southoldfarmandcellar.com i t May 22,2015 SAY � � 2015 Zoning Board of Appeals 5OARD OF ApPFA� Town Hall Annex Building ZONING ^ 54375 Route 25 (QU P.O. Box 1179 Southold,NY 11971 To Whom It May Concern: We would request that our hearing on June 4'2015 be adjourned so that we may continue working with the Zoning,Planning and the Building Departments to complete our site plan.We apologize for the late notice. egan Meador Southold Farm+ Cellar BOARD MEMBERS � Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road®P.O Box 1179 E Southold,NY 11971-0959 Eric Dantes ,y` Office Location: Gerard P.Goehringer C", A` Y Town Annex/First Floor,Capital One Bank George Horning �` 54375 Main Road(at Youngs Avenue) Kenneth Schneider � �(�� Southold,NY 11971 h ttp://south old to w n.n orthfork.net ZONING BOARD OF APPEALS krtVI-01 TOWN OF OUTHOIUD Tel.(631)765-1809 o Fax(631) 765-9064 MEMO Date: 5/15/15 To: Stephen Kiely Re: Southold Farm & Cellar#6861 Attached is information regarding the above noted application. Applicant is proposing to process wine in a new building and a tasting room by converting an existing accessory garage on an AC property containing 1.03 acre. Additionally there is a single family dwelling on the parcel. A winery must contain 10 acres owned by the winery owner. This is a one acre parcel. The proposal requests more than one principal use on the property which does not have enough acreage. The Notice of Disapproval does not address this. R2FCC:1\I C FORM NO. 3 TOWN OF SOUTHOLD goo ?(�'� t BUILDING DEPARTMENT ZONING BOARD OF APPEALS 1 4 SOUTHOLD, N.Y. 5 'E 4 3r NOTICE OF DISAPPROVAL J Ur � DATE: April 2015 TO: Southold Farm.& Cellar " 860 Old North Road Southold, NY 11971 Please tale notice that your request dated March 31, 2015 For permit for the conversion of a an existing building to include a tasting room and the construction of a new buildingfor or agricultural"production"at Location of property: 860 Old North Road, Southold, NY zb• JP County Tax Map No. 1000—Section 55 Block l Lot 7 Is returned herewith and disapproved on the following grounds: Pursuant to Article III, Section 280-13, 4, (c)The winery structures shall be set back a minimum of 100 feet from a major road; and (d)The winery shall obtain site plan approval. 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K�1'°.. _'f u3rz s'�i. �i,'�F;?x _,t4• .°;i'+v' ,, _.4,,,:.,- - .+g.-'� . { 'i-'�¢{;5 .1t_-.'s :§.ziY a-�'� `r+'.., W-�''� .kS.F-'•� e4. ..f,• ,.s'--, 4The�uvn'e���,, -rshall�aobtai'ri sfe���' lan'a� '"roVaL.. � �_.' ;ti-_ �.� - ------- --------------- `,, 1158PU��►1 DEED 4 i99? J OF Tf DEVELOPMENT RIGHTS �'`,r,`..•K ' 1 V s tV•a7 THIS INDENTURE, made this2Cday of hfa�L'�/Lf�,�/� 1992 +'�+►IC.'°�+ ' BETWEEN PARKER E. DICKERSON and BETSEY DICKERSON, DISTRICT residing at Mill Creek Drive, Southold, New York, and CHESTER M. 1000 DICKERSON, residing at Mountain View Manor, Torrington, Connecticut, SECTION 055100 party of the first part, and BLOCK THE TOWN OF SOUTHOLD, a municipal corporation of the State of 02 -00� New York, having its office and principal place of business at Main LOT '0 9.DO 1 Road, Town of •Southold, County of Suffolk and State of New York, - -pa"rty o WITNESSETH DISTRICT That the party of the first part, in consideration of ten and 1000 00/100 ($10.00) dollars, lawful money of the United States, and other SECTION 055O� good and valuable consideration paid by the party of the second part, BLOCK DOES HEREBY GRANT AND RELEASE unto the party of the second 01•(jc) part, its successors and assigns forever, the DEVELOPMENT RIGHTS, LOT )C)8.000 by which is meant the permanent legal interest and right, as authorized by Section 247 of the New York State Ceneral Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Code of the Town of Southold, and the •'1` right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the property described as follows: PARCEL I ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York being bounded and described as follows: BEGINNING at a point on the easterly side of Railroad Avenue distant 1522.93 feet northerly from the corner formed by the intersection of the northerly side of C.R. 48 Middle Road) tivrith the easterly side of Railroad Avenue (Youngs Road); RUNNING THENCE North 781 39' east along other lands now formerly of Dickerson 285.0 feet to a point; THENCE North 11' 21' west still along land now formerly Dickerson 288.69 feet to a point and land now formerly of Grigonis; THENCE North 750 54' 00" east along last mentioned land 319.69 feet to a monument and land now formerly of - Grigonis; THENCE South 111 34' 10" east along land now formerly Grigonis Avenue land now formerly Moffat and land now formerly Carroll a distant of 1063.90 feet to a monument and land now formerly Van Duzer; THENCE South 100 53' 50" east along last mentioned land 347.77 feet to a point and land now formerly of Suffolk County; THENCE the follo•.ving 2 courses and distances along last mentioned lands: 1. South 660 44' west, 213.72 to a point; 2. South 111 21' east, 199.0 feet to land now formerly of Luhrs; THENCE South 660 38' 40" west along last mentioned lands 150.0 feet to a monument; THENCE South 11' 21' east 13.25 feet to a monument and land now formerly W. Hufe; THENCE South 790 47' west along last mentioned land 105.0 feet to a point and land now formerly of Harris; 1158P�1a3 THENCE North 110 21' west along last mentioned lands 63.0 feet to a point and land now formerly of Stankswicz S Goldense; THENCE North 791 47' east, along last mentioned lands 5.0 feet to a part; THENCE North 100 17' west along last mentioned lands and land now formerly Bugovik 245.0 feet to a point; THENCE South 791 47' west 154.55 feet to the easterly side of Railroad Avenue; THENCE North 110 21' 00" west along the easterly side of Railroad Avenue 1082.00 feet to the point or place of BEGINNING. PARCEL II ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Railroad or Youngs Avenue where the same is intersected by the southerly line of land now or formerly of Grigonis, formerly of Patrick Carey; THENCE along the westerly side of Railroad or Youngs Avenue south 110 21' 00" east 1673.70 feet to land now or formerly of E. Dart; THENCE along said' land south 761 47' 50" west 682.3 feet to land now or formerly of Conway; THENCE along said land the following courses and distances: 1 . North 100 47' 40" west 470.5 feet; 2. South 721 04' 30" west 1006.22 feet to the easterly side, of Horton Lane; RUNNING THENCE along the easterly side of Horton Lane -north 90 30' 50" west 395.91 feet to land now or formerly of Johnson; THENCE along said land the following three courses and distances: 1 . 'North 720 12' 30" east 185.52 feet; 2. North 171 47' 40" west 50 feet; 3. North 28' 33' 30" west 161.94 feet to the southerly side of North Road; THENCE along the southerly side of North Road, north 330 01' 50" east 105.85 feet to other land now formerly of Dickerson; THENCE the following 3 courses and distances along last mentioned lands: 1 . South 561 58' 10" east, 250.0 feet to a point; 2. North 33' 01' 50" east, 315.0 feet to a point; 3. North 561 58' 10" west, 188.36 feet to a monument and land now formerly of Volosik; THENCE North 720 12' 30" east along last mentioned lands 337.33 feet to a monument; THENCE North 521 06' 40" west still along last mentioned lands 209.20 feet to a monument• and land now formerly of THENCE North 630 43' 20" east along last mentioned lands and now formerly Crigonis 1031 .20 feet to a monument set in the easterly side of Youngs or Railroad Avenue and the point or place of BEGINNING. TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of 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, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS herein granted unto the party of the second part, its successors and assigns forever. AND the party, of the first part covenants that the party of the, first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. The party of the first i 1 11584HIG5 -part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and its heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. AND the party of the first part, covenants in all aspects to comply with ' Section 13 of the Lien Law, as same applies with said conveyance. The definition of "Agricultural Production" as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: "Agricultural Production - shall mean the production for commercial purposes of crops, livestock and livestock products, bb land or portions thereof used for pr_o�ce ing or retail merchandising of such crops, livestock or�estock products Land used in agricultural a production shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes." The party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective' heirs, successors, legal representatives or assigns, shall only use the premises on and after this' date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. P ' 1158406 n tr ��1 SOURCE OF TITLE to said estate or interest in said land at the effective date hereof is vested in: Chester M. Dickerson, individual and as specific devisee under the last will and testament of Mahlon D. Dickerson deceased. Parker E. Dickerson, as specific devisee and the last will and testament of Mahlon D. Dickerson deceased and Betsey Dickerson, his wife. By the following two (2) deeds: 1. From Eugene B. Cagen and Sophie D. Cagen, his wife, dated 11-29-57 and recorded 12-2-57 Liber 4399 cp. 87. 2. From Margaret B. Dickerson dated 9-3-83 and recorded 11-1-83 Liber 9453 cp. 73. IN WITNESS WHEREOF, the party of the-_first__,part_has_ duly_executed this deed the day and year first above written. - Parker E. DickeFssoonn etsey Dicke o ester M. Dickerson STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) nn On this day of 1992, before me personally came PARKER E. DICKERSON to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public HARVEY A,AfiNOFF Notary Public,State of Now York No.52-0096585•Sullolk County Commission Expires��3 File-, Edit- View -Toolbar Wriclow, Helpj _7 u V ff M ED Ki a -T 1473889 Southold Active RIS-1 School: Southold Schoo Meador,Carey Roll Year: 2015 Curr Yr 1 Family Res Land AV. 1,400 860 Old North Rd Land Size:1:04:acrRs Total AV. 8,300 Li Parcel 55-1-7 Site No: Cj History r� C-1 Assessment Property Class: 210 1 Family Res -Ell Laser Disk No.C3 Exempt(s) Route No- Data Mailer. 21 Spec Dist(s) Nbhd Code: :-Ill Description SewerType: Date of Reappraisal JKqgjA00q/AqP0 j 1 ­0- Owner(s) Valuation District: C1 Images Water Supply. Economic Obs: fl Gis Utilities. _7 7 1 Site Values— Site Desirability. IJ 23 Sale06/07/12 Replacement Cost(RCN): I Q"',- -Site(1)Res Nblid Type: F RCN Less Depreciation. Q Sale05/30/06 Nbhd Rating. Cost Land Estimate: -Site(1)Res 9­1Z) Salel 1/15/05 f Road Type: Cost Total Estimate: C) -Site(1)Res f DC Entry Type: Regression Estimate: :-,G'1 SaIe08/1 6/01 Zoning Code: Comp Total Estimate: Final Site Land: Run RPS440 Edits* Final Site Total: f Ready I W ! 1 ®r,�� �,+ r�raa:c�wn-r-,wwitcrv}�ua�c;�w�}�—ln�•-••�••wart�c--nrctunyl �� —_""""`-'"""-`--�-'] File Edit, View Toolbar -Window- Help - I 55.-1-8-3 14738B9 Southold Active RJS-1 School: Southold Schoo �Meadof,Regan Roll Year. 2015, Curr Yr, ,Land rights Land AV. 2,800 5455 Youngs Ave Land Size,22.56,acres Total AV: 2,800 Parcel 55-1-8 3 Owner Tax Bill Mailing Address 3rd Party Address 11 Bank ["i History -- tl 2 Dwners:To en.click the approp Clickt -(� Assessment a i o-Add) ' ('� Exempt(s) r -- �- ----� - -- --- � .---� .--. .- ---- - -•CD Spec Dist(s) Carey Meador OwnerType"Additional Desig Status. }••Ci Description QV Owners) _ C� Images Last Name J Company 'First Name MI: Jr.,Sr.,etc- .,•� Gis p y Meador 0 Site(1)Res _ —^` � Regan �= (--i Sale06J07J12 Attention To J In Care Of. Additional Address _ L, -Site(1)Res t=t C7 Salel OJ25J05 Street No: Prefix Dirt-Street/Rural Route: St Suffix Post Dir. UnitName: Unit No: f L -Site(1)Res 860 . North Rd + . • i T T Po Box No: CityJTown: State: Zip Code: ,Country:enter if riot"USA" Bar Cd: Ownership:e.g.Life Use OwnerType: P=Primary Owner's•Primary Residence f } �� Ready ;TV Fl 1�` YiD nro•:ciawnr;hr�cv�uacc,—�rwN--inycrnh.�-,•.,-iric--ntyunyl.-•-_. ...__.r�1_ -- _ _ _ File_- Edit- View- Toolbar-Window Help--, 55.-1-8.3 I473889 Southold Active R/S•1 School, Southold Schoc Meador,Regan Roll Year: 2015 Curr Yr Land rights Land AV. 2,800 5455 Youngs Ave Land Size 22.56 acres Total AV. 2,800 =` Parcel 55-1-8.3 Site No: 1 Li History r (� C-0 Assessment Property Class: J129 Land rights Laser Disk No: fi Exempt(s) Route No: �� _ Data Mailer. 1— C Spec Dist(s) Nbad Code: -Ci Description - I -CJ Owner(s) SewerType: � i•� Date of Reappraisal a00J00J0000� Valuation DistrictO •---E7 Images Water Supply: � �'� Economic Obs: Cj GIs Utilities: 0 Site(1)Res = --��-_ Site Values Site Desirability r_I Sale06/07/12 __ __ Replacement Cost(RCN): d -Site(1)Res Nbad Type: RCN Less Depreciation: 0 1d 1 Sal'el 0/25/05 Nbad Rating- i Cost Land Estimate: rdill'Ab-COMA, Road Type. Cost Total Estimate: DCEntryType: 4 Regression Estimate. Zoning Code: rAC Ag•Cooservati Comp Total Estimate: Final Site Land: Run RPS440 Edits: I'V Final Site Total: Ready #12311 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 25th day of June, 2015. Principal Clerk Sworn to before me this dayof4 2015. LEGAL NOTICE ---__ SOUTHOLD TOWN ZONING 1030-•AM -,STEVEN and AN- BOARD OF APPEALS j)R> A'KOIYER-#6860—(Adjourned THURSDAY JULY 2,2015 from PH 6/4/15),Request for Variances PUBLIC HEARINGS under.•Artrclq III Code•,Section 280-14 NOTICE IS HEREBY GIVEN,pur- and the Building,Inspector's,-March'9, suant to Section 267 of the Town'L'aw 2015-Notice of Disapproval.for a build- and Town Code Chapter 280(Zoning), �;Permit fora subdivision,at:Proposed Town of Southold,the following public Lot l—(lot 10)-1)less than the code re- CHRISTINA VOLINSKI hearings will be held by the SOUTH- quired minimum lot size of 80,000 sq.ft., NOTARY PUBLIC-STATE OF NEW YORK OLD TOWN ZONING BOARD OF 2)less than the code required minimum No. 01 V06105050 APPEALS at the Town Hall, 53095 lot width of 175 feet, Proposed Lot 2-- Main Road, P.O. Box,1179, Southold, (lot 97 1) less than the code required 6ludifled in Suffolk County minimum lot size of 80,000 sq.ft.,.2)less New York 11971-0959,on THURSDAY ll:45 A.M.•WILLIAM and IVA M. res February 28, 2016 JULY 2,2015. than the code required minimum lot FELIX #6867 - Request for Variance 100)A.M. -WILLIAM A PENNFY depth ofim • 075 Para- from Article=11 Section 280-124 and III and SUKRU ILGIN (CV) # _ dis omt Rj.to a boat uthold,NY #1000-81-1-10.1 the Building Inspector's May 13,2015 (Adjourned from 6/4/15 PH)Request for 10.45 ,A.M. #100IOLD FARM ' otice of Disapproval based on an ap- Special Exception under Article XI Sec- pli lion for building permit for a 2 story tion 280-48B(12) to construct gasoline and CELLA (MEADOR)#6861 I addit n to existing single family dwell- -(Adjourned614115 PH)Requestservice station with convenience store. ing,at; ess than the code required mini- Located at 45450 County•Road 48,(aka for Variance Article III.Code mum s e yard setback of 10 feet,locat- North Road, comer Young's Avenue) Section 280- and the.Building at: 60 Oak Street(adj.to Eugene's Inspectors A2015 Notice of Dis ed- Southold,NY.SCTM#1000-55-5-2.2 Creek Cutchogue, NY. SCI'M#1000- 10 00 A M WILLIAM A PFN- ' approval for ing permit for con- 136-1 9NEY. III and SUKRU ILGIN (CV) struction of cultural production L. 0 P.M.-JAMES MORGAN#6866 a I P.M.-PASOUAest ANTHONY DeCIORC 46870-Request 6840 — Adjourned from 6/4/15 PHI building,at:1)less than the code' lyd quest for Variance from Article q st for Variances (Adjourned ) q from Article XXIII Section 280-124 and Request for Variances from Article XI' mum required setback of 100 feet.yfrom III Section 280-124 and the Build- the Building a major road,located at:860 Old IJdrth g Inspector's Amended June Sections 280-50A and 280-50C and Fhe Road Southold,NY,SCTM#1000=551-7, g Inspector's May 15,2015 Notice of 5,2015 Notice of Disapproval based on Building Inspectors September 24, Disapproval based on an application for an application for building permit to 2014,amended October 17,201 Notice 11:10A.M.-JANIO S INOLA 6 building ermit for additions and alters- PP g of Disapproval based on an application -AP ' ant requests a Special Excep'' g P amend permit#39646Z(construction of PP PP under Ar' III,Section 28 = (13). tions to existing single family dwelling, a single family dwelling) to include ad- for building permit to convert existing at;less than the code required minimum ditional porches,decks and an accessory vehicle detailing, RV sales and service The Applicant is t e owner requesting q in-ground swimming o0 shop into gas station with convenience authorization to establish an Accessory side yard setback of 15 feet,located at gr g p I,at;1)less than Apartment in an accessory structure;lo- 600 Harbor Lights Drive Southold, the code required front yard setback of store and construct new pump islands,at; SCTM#1000-71-2-13 40 feet So 1)proposed front canopy at less than the cated at:1235 Equestrian Avenue(epr- (Sound View Avenue),2)less than code required setback of 100 feet from ner Bell Hill Avenue)Fishers Island;NY 105 P.M.-MICILAEL DUFF#6868 the code required front yard setback of m SCTM#1000-9-4-13.1 - Request for Variance from Article 40 feet(Ryder Farm Road),3)lot cover- the right way,2)proposed front pump 11:30 A.M. - DENIS and NANCY XXIII Section 280-124 and the guild- age at more than the code maximum al- island at more than the code permitted COLE #6864 - Request for-Variance ing Inspector's May 11,2015-Notice of lowed of 20%,located at:110 Sound View to linear feet of frontage on one street, Disapproval Avenue comer Ryder ) located at:,45450 CountyRoad 4S aka from Article XXII Section 280-116B pproval based on an application ( y r Farm Road Ori- ' (` and the Building Inspector's April 23, for building permit for'additions and al- ent,NY.SCTM#1000-15-3-33 North Road;';colner Young's Avenue) terations to existing The Board of Appeals will hear all ci,,,rliold.NY.SCTM#1000-55-5-2.2• 2015 Notice of Disapproval based on an g single family dwell- PP application for building permit for addi- ing,at;less than the code required front Persons or their representatives,desiring tions/alterations to existing single family yard setback of 35 feet,located at:145 to be heard at each hearing,and/or desir- dwelling(deck and in-ground,swimming Lakeview Terrace (aka 111thill's Path) ing to submit written statements before pool),at;1)less than the code required (corner Private ROW)East Marion,NY. the conclusion of each hearing. Each bulkhead setback of 75 feet,located at: SCTM#1000-31-9-10 hearing will not start earlier than desig- 655 Albacore Drive (adj. to a canal) 1:30P.M.-DAVID and STEP ANIE nated above. Files are available for re- Greenport,N SCrM#1000-57-1-17 SACK #6865 - Request for Variances - vi Y. ew during regular business hours and from Article XXIII Section 280-124 and prior to the day of the hearing. If you Article XXII Section 280-116 and the have questions,please contact our office Building Inspector's May 6,2015 Notice at, (631)765-1809, or by email: Vicki. -of Disapproval based on an application Toth@Town.Southold.nyus. for building permit for demolition of ex- Dated:June 8,2015 fisting dwelling and construction of a new ' ZONING BOARD OF APPEALS single family dwelling,at,1)less than the LESLIE KANES WEISMAN,CHAIR- code required front yard setback of 40 PERSON feet,2) more than the c9de permitted BY:Vicki Toth maximum lot coverage of 20%,3)less 54375 Main Road(Office Location) than the code required top of bluff set- 53095 Main Road(Mailing/USPS) back of 100 feet,located at: 445 Glen P.O.Box 1179 Court (adj,to Long Island Sound) Cu- Southold,NY 11971-0959 I tchogue,NY.SCTM#1000-83-1-5 12311-17 6/25 f BOARD MEMBERS QF S®U,, Southold Town Hall Leslie Kanes Weisman,Chairperson �� ® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �® �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider COW,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 4, 2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JUNE 4, 2015: 10:50 A.M. - SOUTHOLD FARM and CELLAR, INC. (MEADOR) #6861 - Request for Variance under Article III Code Section 280-13A(4) and the Building Inspector's April 9, 2015 Notice of Disapproval for a building permit for construction of an agricultural production building, at: 1) less than the code minimum required setback of 100 feet from a major road, located at: 860 Old North Road Southold, NY. SCTM#1 000-55-1-7 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth@Town.Southold.nv.us Dated: May 11, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 E F- , H EARI 4i� The following application will be heard bythe.. Southold Town Board of Appeals at Town Hall, 530951 Main Road, ,Southold : NAME SOUTHOLD FARM & CELLAR INC. #6861 FRAP # 550= 1 =7 ' VARIANCE SETBACK REQUEST AGRICULTURAL PRODUCTION BLDG . SATE : THURS , DUNE 41 2015 10EN50 AM If you are interested in this project, you may review the file(s) prior to ",he hearing during normal business days between 8 AM and 3 PM . 765 = 1809 f #12264 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 28th day of May, 2015. Principal Clerk Sworn to before me this day of 2015. OHRISTINA VOLINSKI hdfAPV PUBLIC-STATE OF NEW YORK Nd, 01 V06105050 QUdditied in Suffolk County filly tbih?rt'lhlbbh EXplr®s February 4.2016 — (Adj from 4/2/15PH) Request for Main Road (aka State Route 25) aka 75 feet, located at: 1250 Lupton Point Special Exception under Article XI Sec- Sage Blvd.(adj to Shelter Island Sound) Road(adj.to Deep Hole Creek)Matti- tiion 280-48B(12) to construct gasoline Greenport,NY.SCTM#1000-53-5-12.6 tuck,NY.SCTM#1000-115-11-12 LEGAL NOTICE scivice station with convenience store. 10:30 A.M -ANDREAS PFANNER 11.40 A.M.-ADF VENTURES.LLC SOUTHOLD TOWN ZONING Located at 45450 County Road 48(aka #6859-Request for Variances fiom Ai- 06850 — (Adjourned fiom 5/21/15 Sp. BOARD OFAPPEALS North Road, corner Young's Avenue) title III Section 280-15 and the Build- Mfg.) Request for Variances from Article THURSDAY JUNE 4,2015 Southold,NY SCTi1VI#1000-55-5-2.2 ing Inspector's March 4,2015 Notice of XV,Sections 280-64B&C and 280-63 and PUBLIC HEARINGS 10:00A.M-STEVEN and ANDREA Disapproval based on an application for the Building Inspector's June 9.2014,re- NOTICE IS HEREBY GIVEN,pur- KOLYER#6860-Request for Variances building permit for construction of an newed February 23,2015,amended Febiu- suant to Section 267 of the Town Law under Article III Code Sectidn 280-14 `as built'accessory garage and`as built' ary 26,2015 Notice of Disapproval based and Town Code Chapter 280 (Zoning), and the Building Inspector's March 9, accessory sheds,at:1)less than the mmi- on an application for building permit to 'Run of Southold,the following public 2015 Notice of Disapproval for a build- mum side vard setback of 15 feet.2)ac- construct a commercial building foi an hearings will be held by the SOUTH- ing permit for a subdivision,at Proposed cessory garage proposed at more than electrical contractor's yard,at;1)less than OLD TOWN ZONING BOARD OF Lot l—(lot 10)-1)less than the code re- the code required maximum size of 750 the code required average fiont yard set- APPEALS at the 'Town Hall, 53095 qurred minimum lot size of 80.000 sq.ft., square feet,3)accessory garage located back of 16 feet,2)less than the code re- Main Road, P.O. Box 1179, Southold, 2)less than the code required minimum in other than the code required rear qurred minimum rear yard setback of 70 New York 11971-0959,on THURSDAY lot width of 175 feet. Proposed Lot 2— yard,4)accessory sheds located in other feet,3)proposed St)uclure with more than .TUNE 4,2015. (lot 9)- 1) less than the code required than the code requn ed rear yard,located the code allowed maximum of 60 linen 9 30 A M -WILLIAM A PENNEY, minimum lot sere of 80,000 sq ft.,2)l(FR t:2725 or ape ak Street) feet of frontage on one street, located iII and SUKRU ILGIN (CV) #6840— than the code required minimum u ogue,NY.SCTM#1000-1 242 at: 620 Corwin Sheet Greenport, NY, (Adj.from 4/2/15PH)Request for Van- depth of 17.5 feet,located at:4075 Pa10:50A.M-SOUTHOLD FA and SCTM#1000-48-2-44.2 antes from Article XI Sections 280-50A disc Point Road (adj. to a boat basELLAR.INC.(MEADOR)#6861- - The Board of Appeals will hear all and 280-50C and the Building Inspcc- Southold,NY SCTM#1000-81-1-10.1est for Variance under Article III Co persons or their representatives,desiring tors September 24,2014,amended Oc- IOa 5 A.M. - BREEZY SHORction 280-13A(4)and th@Building tit to be heard at each hearing,and/or desir- tober 17, 2014 Notice of Disapproval COMMUNITY INC MARTHector's April 9,2015 Notice of llisap- ing to submit written statements before based on an application for building BROOKS) -#6862-Request for Vaoval for a building permit for construe- the conclusion of each hearing Each permit to convert existing vehicle detail- antes from Article XXIII Code Sectin of an agricultural production building, hearing will not start earlier than desig- ing,RV sales and service shop into gas 280-123,Article XXII Section 280-1at-1)less than the code minimum required nated above. Files are available for ge- station with convenience store and con- (B)and the Building Inspector's Januatback of 100 feet from a major road,lo- view during regular business hours and struct new pump islands,at;1)proposed 12,2015 Notice of Disapproval based ted at:860 Old North Road Southol , prior to the day of the hearing. It you front canopy at less than the code i e- an application foi building permit to aY.SCTIVI#1000-55-1-7 have questions.please contact our office qurred setback of 100 Feet fiom the i fight and alter,to include raising an existi11:2D A.M. - KEVTN and PAC l A at,(631) 765-1809,or by email. Vicki. of way,2)proposed front pump island at seasonal cottage at;1)a nonconformi F,RTY#6863-Request fort an- TothC�lown Soutlrold.ny.us more than the code peimrtted 60lineai building containing a nonconforming ante fro a XXII Seek n 280- Dated:May 11,2015 feet of frontage on one street.located use shall not be enlarged,reconstructed, 116B and the Building Inspector's April ZONING BOARD OF APPEALS at. 45450 County Road 48 (aka North structurally altered or moved, unless 20,2015 Notice of Disapproval based on LESLIE KANES WEISMAN, Road, corner Young's Avenue) South- such building is changed to a conforming an application for building permit for as CI-iAiRPERSON old,NY.SCTM#1000-55-5-2.2 use,2)less than the code required bulk- built addition of a stone patio to an exist- BY:Vicki'roth 9 30 A M.-WILLIAM A PENNEY, head setback of 75 feet,located at:#4 ing single family dwelling,at;1)less than 54375 Main Road(Office Location) iII and SUKRU TLGiN (CV)'#6839 Breezy Shores Community, Inc.,65490 the code required bulkhead setback of 53095 Mam Road(Mailmg/USPS) P.O.Box 1179 Southold,NY 11971-0959 12264-1T 5/28 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hap://southtown.northfork.net May 11, 2015 Re : Town Code Chapter 55 -Public Notices for Thursday, June 4, 2015 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before May 181n: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any.property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for.a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other.attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or during the hearing, providing the returned letter to us as soon as possible; AND not later than May 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 27th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before June 2, 2015. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. i Office Location: *OF SO!/ryo Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971O Southold,NY 11971-0959 COU http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 VV MEMO 1 D E C � V TO: Planning Board APR 2 Z015 FROM: Leslie K. Weisman, ZBA Chairperson Southold Town Planning Board DATE: April 21, 2015 SUBJECT: Request for Comments ZBA #6861 — Southold Farm and Cellar Inc. The ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is. available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA HEARING VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED SOUTHOLD 55-1-7 #6861 0614/15 Art. III 280-13 4/17/15 SHIRK LLC FARM & AC Zone A4 CELLAR INC. Your comments are appreciated by one week prior to above hearing date. Thank you. Ends. i L `BOARD MEMBERS ® Southold Town Hall Leslie Kanes Weisman,Chairperson � ®� UjyQ 53095 Main Road•P.O.Box 1179 �o l0 Southold,NY 11971-0959 Eric Dantesit Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �O �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider COW$ Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 April 21, 2015 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6861 Owner/Applicant: Southold Farm and Cellar Inc. Action Requested: Conversion of existing building to include tasting room and construction of new building for agriculture production - setback Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson Encls. Q v RECEIVED. SEP 18 2015 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS --REVERSAL/INTERPRETATION ZONING BOARD OF APPEALS --------------- Regarding House No. 860 Street Old North Road Hamlet Southold SCTM 1000 Section 55 Block 1 Lot(s) 7 & 8.3 Lot Size 1 & 22.65 Zone A-C I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 9/10/15 WHICH AMENDED THE WRITTEN DETERMINATION DATED JUKE 19, 2015 WHICH AMENDED THE WRITTEN DETERMINATION DATED APRIL 9, 2015 Applicant: Allison Latham Mailing Address: 1755 Old North Road, Southold,New York 11971 Telephone: 631-872-5051 Fax: Email: alatham74@optonline.net Please mail all correspondence to the Applicant listed above. WHEREBY THE BUILDING INSPECTOR REVIEWED AN APPLICATION DATED MARCH 26,2015 AND DENIED SAME FOR: ( X ) Building Permit for construction of a winery and conversion of an existing building into a tasting room ( ) -Certificate of-Occupancy -( ) Pre-Certificate of Occupancy ( X ) Change of Use for a second use as a winery ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance which is the subject of the Appeal. (Indicate Article, Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: III Section: 280 Subsection: 14 Type of Appeal. An Appeal is made for: ( ) A Variance to the Zoning Code or Zoning Map ( ) A Variance due to lack of access required by New York Town Law—Section 280-A. ( X ) Interpretation of the Town Code,Article III Section 280-14 ( X ) Reversal to 'require notice of disapproval based upon Article III Section 280-14 A prior appeal ( X ) has ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). 6861 Year(s). 2015 . Name of Owner: Carey Meador&Regan Meador(claimed former) and/or Meador Land Company LLC and Regan Meador(claimed new�ZBA File# 6861 - Fn1 1 SEP 1 8 2015 ^LDc DEP( This appeal of the (second) Amended Notice of Disapproval dated September 10, 2015, hereinafter"Amended Notice", is made pursuant to New York State Town Law §267-a(4). I reside at 1755 Old North Road, approximately 900 feet from Southold Farm & Cellar's property. I have been and continue to oppose Southold Farm & Cellar's variance application#6861. lam aggrieved by the errors contained in the Amended Notice. I make this appeal on four grounds: (a) the Building Inspector erroneously determined that SCTM#1000-55-1-7, hereinafter"Lot 7", and SCTM#1000-55-1-8.3, hereinafter"Lot 8.3", had been merged, (b) the Building Inspector erroneously determined that, due to the purported merger of Lot 7 and Lot 8.3, Southold Farm & Cellar, hereinafter "SF&C", complies with §280-13(A)(4)(b), (c) the Building Inspector erroneously determined that, due to the purported merger of Lot 7 and Lot 8.3, the Bulk Schedule requirements of§280-14 requiring 80,000 square feet per use do not apply, and (d) the Building Inspector erroneously determined that, in any event the Bulk Schedule requirements of 80,000 square feet for a-non-residential use do not apply. As a result of these errors the Amended Notice failed to include non-compliance with the Bulk Schedule 80,000 square feet requirement for each use, 80,000 square feet for a non-residential use, and §280-13(A)(4)(b). These errors are discussed in detail below. A. LOT 7 AND LOT 8.3 HAVE NOT BEEN MERGED Prior to the issuance of the Amended Notice, ownership of Lot 7 was in Carey Meador and ownership of Lot 8.3 was in Carey Meador and Regan Meador. The Amended Notice reflects that these two lots have been merged. This is in error. Lot 7 and Lot 8.3 have not been merged for two reasons. First, the instrument purporting to effect the merger—a deed dated September 9, 2015 from Carey Meador to Meador Land Company LLC has not been demonstrated to be effective. Specifically, there is no evidence that the deed pro� �y SF&C g j SEP 18 2015 1 ZONING BOARD OF APPEALS has been recorded with the Suffolk County Clerk's office and no evidence that such deed is otherwise effective. Second, assuming a valid deed, the deed is ineffective to create a merger. Pursuant to Southold Town Code §280-10(A), only adjacent lots held in"common ownership" may be merged. Pursuant to Southold Town Code §280-10(B), "common ownership shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining parcel". The deed proffered by SF& C dated September 9, 2015 transfers Carey Meador's interest in Lot 7 to Meador Land Company LLC and her 50% interest in Lot 8.3 to Meador Land Company LLC. The effect of the deed, assuming it was recorded or is otherwise effective, is that Meador Land Company LLC owns 100% of Lot 7 and 50% of Lot 8.3 together with Regan Meador as to 50%. As the percentage of Meador Land Company's ownership in the two lots is not the same, the two lots have not merged. Thus, the Building Inspector erred in issuing the Amended Notice which reflected a merger of Lot 7 and Lot 8.3. B. NON-COMPLIANCE WITH §280-13(A)(4)(b) It appears that the owner of the winery license and business is SF&C. Assuming the purported deed is effective, Lot 7 is owned solely by Meador Land Company LLC and Lot 8.3 is owned by Meador Land Company LLC (50%) and Regan Meador (50%). Section 280- 13(A)(4)(b)provides as follows: "The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner." (emphasis added) As SF&C does not own any of the real property, SF&C does not comply with §280- 13(A)(4)(b) and the Building Inspector erroneously omitted this requirement as a reason for RECEIVEC) disapproval from the Amended Notice. tong " SEP IS 2015 ZONING BOARD OF APPEALS 2 C. BULK SCHEDULE AREA REQUIREMENTS APPLY AND ACREAGE WITHOUT DEVELOPMENT RIGHTS MAY NOT BE UTILIZED TO SATISFY SAME Assuming Lot 7 and Lot 8.3 have been merged (although they have not), the Building Inspector erroneously excluded the requirements of§280-14 from the Amended Notice. I submit that, regardless of such purported merger, SF&C must still comply with Bulk Schedule requirements as to the multiple uses proposed on non-conforming Lot 7 and, in any event, with respect to any single use. In addition, I submit that the acreage without development rights may not be utilized by SF&C to satisfy the area requirements of the Bulk Schedule. 1. THE 80,000 SQUARE FEET PER USE RULE APPLIES The 80,000 square feet per use rule applies to SF&C's application and the Building Inspector should have issued a disapproval for insufficient area for 2 reasons. First, the Bulk Schedule, denoted as " 280 Attachment 1" and"280 Attachment 3"provides that in an A-C district-80,000 square feet is required for a use and the Southold Building Department, the Zoning Board of Appeals, and the Planning Board have uniformly applied the Bulk Schedule in this manner. See attached letters from Planning Board dated May 6, 2015 and September 1, 2015, relevant portions highlighted. Lot 7 is non-conforming and consists of only 45,512 square feet, approximately one-half of the required 80,000 square feet. As there is currently one use on non-conforming Lot 7, a one family residence, no other uses are permitted on Lot 7 without a variance. Indeed, the existing use cannot even be enlarged or altered pursuant to Article XXIII of the Southold Town Code. SF&C's proposed use of a winery with accessory tasting room constitutes a second use on non-conforming Lot 7, thus requiring an additional 120,000 square feet for this use so that a conforming total of 160,000 square feet would exist for the two uses. Second, this reading of the Bulk Schedule is entirely consistent with its provisions as to multiple RECEIVED SEP 18 2015 3 ZONING BOARD OF APPEALS occupancy. Since a two-family dwelling in the A-C district requires 160,000 square feet, certainly a one family dwelling and a winery with accessory tasting room must require 160,000 square feet as well. 2 80,000 SQUARE FEET ARE REQUIRED IN ANY CIRCUMSTANCE Even if a residence and an agricultural use are deemed to be allowed as overlapping uses on an 80,000 square foot parcel, this application cannot be sustained under this argument for two reasons. First, a winery is a commercial use, going far beyond Southold Town's historical agricultural uses such as raising of crops and barns accessory thereto. It constitutes a second, non-residential use and requires 80,000 square feet under the Bulk Schedule. Second, this application expands the uses on a non-conforming lot to two uses, and there is only 45,000 square feet available for such uses. The Bulk Schedule requires, at a minimum, 80,000 square feet for a residence and 80,000 square feet for a non-residential use (see 280 Attachment 1). 3. ACREAGE WITHOUT-DEVELOPMENT RIGHTS CANNOT BE UTILIZED TO SATISFY THE 80,000 SQUARE FEET PER USE RULE Acreage without development rights cannot be utilized to satisfy the 80,000 square feet per use rule for two reasons: (a) the Planning Board does not permit such acreage to be utilized to satisfy the requirement when development rights are being sold to the Town, and(b)to allow such acreage to be utilized to satisfy the requirement would set a dangerous precedent and work to completely undo the land preservation program and zoning and planning throughout the Town. It is my understanding that when one proposes to sell the development rights of a parcel, they are advised that the Town strictly applies the Bulk Schedule requirements of 80,000 square feet per any proposed future use. This understanding has been confirmed by the Southold RECEIVED k��A SEP 18 2015 4 ZONING BOARD OF APPEALS Planning Board in a writing to the Zoning Board of Appeals dated September 1, 2015. This clearly means that one cannot utilize the acreage of its development rights sold land to satisfy the Bulk Schedule requirements. If one is selling development rights to the Town, he would then have to leave 4 acres out of such sale if he intended to use the development rights retained property for a house and winery in the future. This is the only sensible approach since to hold otherwise-would result in extremely dense and cramped development on small parcels and an inability to formulate an acceptable site plan. That is exactly what is being proposed-here. Allowing acreage without development rights to be utilized to satisfy the Bulk Schedule requirements of 80,000 square feet per use would set a dangerous precedent and completely undo zoning and planning throughout the Town. This would mean that anyone could purchase a parcel on which the development rights have been sold,purchase an adjoining parcel with a one family dwelling on which the development rights are intact, and propose additional uses on that . developable parcel-regardless of its size and non-conformance with the Bulk Schedules: The results would be catastrophic as far as zoning and planning. There could be at least 2 other wineries like the one proposed by SF&C in my neighborhood alone. A copy of the Suffolk County Tax Map depicting my neighborhood displaying such potential is attached. D. HISTORY OF THE LOTS The history of Lot 7 and Lot 8.3 is critical to the understanding of what SF&C is improperly attempting to accomplish, as it sets a new dangerous precedent for the Town. The development rights of Lot 8.3 (the 22.-65 acre parcel) were sold to the Town in addition to those on other adjoining parcels in 1992—23 years ago =by the Dickerson family. Lot 7 was never a part of the Dickerson farm parcel. Lot 7 has never been utilized for agriculture, and was never used in conjunction with agricultural production in any way. It is my understandin that, at the RE VED al SEP 18 2015 5 7.ONING BOARD OF APPEALS time of the development rights sale; the Dickersons carved a L&acre parcel of land out of the sale so that the reserved parcel could still be developed. This parcel is SCTM#1000-55-1-8.1, and is the residential parcel now owned by Mr. Burns. E. SF&C'S PURCHASE OF LOT 7 AND LOT 8.3 SF&C purchased Lot 7 and Lot 8.3 in 2012 with the benefit of local counsel knowledgeable in zoning matters. While it is purely conjecture on my part, I suspect that, either SF&C did not advise its counsel of its aspirations, or it did, was advised as to the difficulties in connection therewith and, nonetheless, continued on its course despite such advice. SF&C purchased Lot 7 and Lot 8.3 as two separate lots 20 years after the sale of development rights on Lot 8.3. While SF&C certainly is permitted to merge these two lots, it cannot now expect to be permitted to retroactively apply the acreage from Lot 8.3 to Lot 7 for the purposes of satisfying the Bulk Schedule requirements in connection with its application for a second use on the non-conforming one acre-parcel. SF&C either knew, or is charged with having known, the restrictions pertaining to the two lots. F. CONCLUSION Regardless of merger, a) the non-conforming acreage on which the residence and the winery are proposed is insufficient to sustain two separate uses, and b) the acreage on which the development rights were sold cannot be utilized in connection with the Bulk Schedule requirements. As such,the Building Inspector erroneously issued its Amended Notice dated September 10, 2015, and such Amended Notice should be reversed and amended to provide for the need'for a-variance from Code §280-14, Bulk Schedule of 80,000 square feet per use or, at a minimum, 80,000 square feet for the winery use. The variance proceeding#6861 should be held RECEIVED ZONING BOARD OF APPEALS 6 in abeyance until this appeal is determined so that all issues as to the scope-of the variances requested-are properly addressed. Allison Latham, Applicant Swoxn to before me this day of September, 2015. N6tdry Public DONNA McGAHAN Notary Public, State of,New York No. 01 MC4851459 Qualified In Suffolk County Commission Expires Aug. 18, 20W d�� 'RE?ri~ItlE�+ SEP 9-PNINQ WARD OF APPEALS APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the'vart of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME• -�'dl�l , �' I �, AU � •(Last dame,first name,fiddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) P Py4wj �] v-ncdith on Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes_by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of.(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES VI/ NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold S30,0 4 Title or position of that person Po I I t e �Sf,of ant Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DrEfS,CRIPTION OF RELATIONSHIP IdC ba A( Submitted this day of 20 6— Signature ,WA�/ AA l RECEIVED Print Name Al I Lson M Lr ham SEP 18 2015 ZONING'BOARD OF APPEALS APPLICANT TRANSACTIONAL DISCLOSURE FORM 'The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME• "t-A j W 4 (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) V'eve.,$(�{ ee��g l�h en Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES �� NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold v aJ A Sayre. J-✓.. Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this /7'�-day of< ,20—L—r p_:CEIVED Signature r 2015 Print Name ZONING BOARD OF APPEALS APPLICANT/GWOUM TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary td avoid same. Q YOUR NAME : kb(' ho Alligniq t�1 . (Last name,first name,inilldle initial,unless�ou are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) evew-mi ' rh Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form.and date and sign where indicated. nn Name of person employed by the Town of Southold Title or position of that person V v Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Ole, «c ii tv°n Submitted this l day of ,20 Signature Aull&_ ���1L - ZONING BOARD OF APPEALS Print NameI art Cl b f �Q' FORM NO. 3 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT SEP 0 2015 SOUTHOLD, N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: April 9, 2015 AMENDED:June 19,20IS AMENDED: September 10,2015 TO: Southold Farm&Cellar 860 Old North Road Southold,NY 11971 Please take notice that your request dated March 31, 2015 For permit for the conversion of a an existing building to include a tasting room and the construction of a new winery building at Location of property: 860 Old North Road,Southold,NY County Tax Map No. 1000—Section 55 Block 1 Lot 7&8.3 Is returned herewith and disapproved on the following grounds: Pursuant to Article III, Section 280-13A,4, (c)The winery structures shall be set back a minimum of 100 feet from a major road;and (d)The winery shall obtain site plan approval. The proposed winery building is located 60 feet from Old North Road. This Notice of disapproval was amended on June 19, 2015 to address t issue of two se acreage for finery, and real- yard setbacks. It was firrther amended to eliminate the need for certa'z riances after the pli ant le ally combined two parcels. Authorized Sign Cc: File,ZBA,planning Rf_CE1VED SEP IS Z015 ZONING BOARD OF APPEALS -7/ MAILING ADDRESS: P ING BOARD MEMBERS r3f S0U�y� P.O. Box 1179 1 971 / DONALD J.WILCENSKI Southold,�Q l0 / Chair ' OFFICE LOCATION: WILLIAM J.CREMERS C/a Towh Hall Annex 4 (�` PIERCE RAFFERTY ® �OQ 54375 State Route 25 JAMES H.RICH III O _ (cor. M,in Rd. &Youngs AVe.) l MARTIN H.SIDOR 1C�UNil, Southold, NY Telephone: 631 765-1938 �y www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD 60 V/ MEMORANDUM RECEIVED To: Leslie Weisman, ZBA Chairperson MAY 0 g r' ;i Members of the Zoning Board of Appeals 3OARD OF APPEALS From: Donald J. Wilcenski, Chairman Members of the Planning Board Date: May 6 2015 , RECEIVED' .Re: Request for Comments for Southold Farm & Cellar SEP IS 2015 SCTM#1000-55-1-7 ZBA#6861 ZONING GUARD OF APPEALS The Planning Board has reviewed the request for comments on this application referenced above, and has also"made a preliminary review of the Site Plan Application -for this winery and accessory wine tasting (aka "tasting room"). The subject parcel appears to have been created in 1962, and is a separate parcel from the adjacent vineyard (see attached Assessors' property cards). It is one acre in size. The Planning Board is very concerned that a winery is being proposed on this small parcel. There is already a single family dwelling on this parcel and a winery would result in a 2rd principal use on an already rion-conforming lot, according to the Bulk Schedule in the Town Code. Adding a winery to this one-acre parcel would seem to require a substantial Area Variance (160,000 sq. ft. of lot area required where only 45,000 sq. ft. exists — a 71% lot area difference). As you are aware, Town Code §280-13 A (4) states-that a winery "shall be on a parcel on which at least.10 acres are devoted to vineyard or other agriculture purposes, and which is owned by the winery owner. At one acre, this parcel does not appear to meet this Code section. Further, the Code section above also states that the winery must be set back from the road at least 100 feet. This setback for a winery was enacted to help mitigate impacts of wineries and their accessory retail activities (wine tasting, special events) to their neighbors and to the public streets. This application proposes to locate the building only 60' from the road (40% difference). .ithold Farm & Cellar, Inc. — May 6, 2C The garage or barn on the property, only four feet from the property line, seems to have an open Building Permit for a farm stand (BP#38951, 6/10/.14), however, there.is no farm on this one-acre parcel. Whether a farm stand could even be allowed b Iowa Code on this par cell must gust be investigated further. Also, the Farm Stand Code (in Chapter 72),_requires that 60% of,the offerings are actual produce from the farm (fruit and vegetables) (only 40% can be "processed" —wine is an example of a processed item). Another issue with this building is that it is now being proposed to be converted to an accessory wine tasting building. Would the change of use from a barn/garage to a retail accessory wine tasting building require a variance to the setback distance from the property line? Finally, from a long-range planning perspective, allowing retail wineries on parcels with no room for more than a handful of parking spaces will lead to serious traffic safety problems over time. This has already proven to be true in numerous locations in Southold. This location is on a narrow local street, which is not designed to handle the usual winery traffic that includes stretch limousines-and buses. There is no shoulder' available for parking on the street. A retail winery at this location would be incompatible with the neighborhood - there are houses_ on three sides of this parcel in very close proximity. The Planning Board is concerned that the only Variance noted in the Zoning Board of Appeal's request for comments is for the 100 foot setback. The other zoning issues identified above need to be addressed and resolved prior to the Planning Board processing this Site Plan Application further, or providing comments to the ZBA on their application for relief. In summary, those other zoning issues are as follows: 1. Bulk schedule for principal uses — 2 proposed principal uses on a 1 acre lot in the AC Zone. 2. Requirement in 280-13 for a winery to be on a parcel with 10 acres of agriculture or vineyard. 3. Farm stand/accessory wine tasting building use, compliance and setback. To make the process more efficient for the applicant, we recommend a meeting be arranged between the Planning, Building, and Zoning Board of Appeals departments to discuss how best to move forward on this proposal. Please contact the Planning Department with any questions or to arrange a meeting at your earliest convenience. Thank you for-the opportunity to provide input on this application. 00 RECEIVED SEP 1-8 2015 2 ZONING BOARD OF APPEALS- CANNING BOARD MFMF3ERS �f��A�� 4'�:. MAILING ADDRESS: f / �}'r ,\ V_ Sol/ '-_1 P.O.Box 1179 DONALD J.WILCENSHI tfr y Southold,NY 11971 Cl�air ;. WILL OFFICE LOCATION. IAM'J.CRiiMERS \ 1 G hr. � ? L i•� Town Hall Arxnex �( PIERCE RAFFERTY JAMES H.RICH III 54375 State Route 25 G`• ;> MARTIN A.SIDOR �:Y t� �� !if" (cor.Main Rd. &Youngs Ave.) Jt U o C� l Southold,NY Telephone:631 765-1938 a'R'R'.southoldtownuy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MEMORANDUM SEP e 17-011 To: Leslie Weisman, ZBA Chairperson BOARD OF APPEALS Members of the Zoning Board of Appeals From:- Donald J. Wilcenski, Chairman D5* Members of the Planning Board . Date: September 1, 2015 Re: Second Request for Comments for Southold Farm & Cellar SCTM#1000-55-1-7 ZBA#6861 The Planning Board has reviewed the application referenced above, along with the revised Notice of Disapproval, and provides these comments as follow-up to our previous comments from May. The Planning Board does not support granting relief for a winery to be located on this parcel. As stated in our last letter, the Planning Board has-serious concerns over the long-range effects of allowing retail wineries on parcels with no room for more than a few parking spaces. Southold is already experiencing the serious traffic problems that occur on and around sites that do not have enough space for parking. This location is on a narrow local street, which is not designed to handle the usual winery traffic that typically includes stretch limousines and buses. There is no shoulder available for parking on the street. A retail winery at this location would be incompatible with the neighborhood -,there are houses on three sides of this parcel in very close proximity. While we appreciate the assurances of this applicant that they will not welcome buses and limousines, their very existence on the map of wineries will lead to this type of traffic attempting to visit by virtue of being easily located on internet maps and GPS systems. Also we must consider that future owners might have a different /n& business model RECEIVED _- - SEP 18 2015 ZONING BOARD OF APPEALS South, 'Farm & Cellar, Inc.—August, 2015 The Variances are all substantial and this is also a cause for concern to the Planning Board. This would set a precedent. The Code stating a winery must be set back from the road at least 100 feet was enacted to help mitigate impacts of wineries and their accessory retail activities (wine tasting, special events) to their neighbors and to the public streets. This application proposes to locate the building only 60'from the road (40% variance). And this proposal would create two principal uses on only 45,000 sq. ft., where the Code calls for 80,000 sq. ft. of lot area for each principal use. The applicant has stated in writing in their"Amendment to Southold Farm and Cellar Zoning Application", dated as received by the ZBA on 6/26/15, that they will merge the parcels. It appears this action is necessary if there is to be any consideration of relief by the ZBA (it could be a condition of relief if the applicant is reluctant to merge the parcels prior to a decision). If the parcels are not merged, the Variances are so extreme that it would appear the door is open for just about any property next door to a vineyard to build a winery and conduct public wine tasting. /�� Should the ZBA consider granting relief, the Planning Board recommends strong `� n covenants that restrict the future uses. The following are some ideas for covenants: RECEIVED • A winery for wine-making only, with no public tasting; No special events—there is no space on the one-acre parcel; SEP 18 2015 No outdoor music or other entertainment; 0 A membership club model where only club members come for tasting;ZONING BOARD OF APPEALS Very limited hours or days of operation; Limit the number of people_to.only_those-that-can park on site-in accordance with a Site Plan approved by the Planning Board; 30 minute visits and tastings limited to 1 oz. each type of wine (this is from the applicant's description of their retail wine-tasting business in their 6/26/15 amendment to their ZBA application). Any covenants imposed by the ZBA should be coordinated with the Planning Board prior to their being filed with the County. Finally, any relief must be conditioned on Site Plan approval by the Planning Board and the Variances should be considered null and void if they cannot obtain Site Plan approval. There should be acknowledgement that a Variance is not a guarantee of approvals from any other agency. This site is small enough that the Planning Board could conceivably be unable to safely site plan the uses. The larger question of what rights remain with regard to the bulk schedule after a Sale of Development Rights must also be explored further. In other words, does the acreage from the development-rights-sold land count towards the Bulk Schedule for a winery principal use?-Currently, when someone is selling their development rights, they are told that a strict reading of the Code would require them to leave out from the sale at least 80,000 sq. ft. per future proposed use (house, winery) to meet the Bulk Schedule. Perhaps the Town Code needs to be revisited to clarify this point. f RECEIVE D 2 BOARD OF APPEALS South_ a'Farm & Cellar, Inc.—August, 2015 One last point, the very large Variances being requested can also be taken,as a sign that the Town Code might need a cloger look by the Town Board. In this case, the issue is whether there some way to codify and allow the small wine tasting room/producer use, without opening the door to potentially adverse impacts from traffic and noise. Thank you for the opportunity to provide input on this application. ( g� RECEIVED "'r r " 2015 BOARD OF APPEALS 3 7,QNtNO BOARD OF APPEALS may.^ In 1s99 - / /• ., !an(cl !97 Al ,grz 05.2°00 - i 1• 2 to IZ o]3d°, d112O1 01 2— of.19WIs �i n3�_ • %Ir~ J •" 00 oSO60J I / 7nwCra JSA(cl 1 n. ... a ~ ,' ♦ wnr 7 s •� 1129 /� 1.. : r r^ .:1°;•y ° +••o..Co-1 ,� '" as Ts W21„ /2t !r 21s • ,ra+, ', fP •IPS't •� i �. 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",�•V;2'KAr=y ,C''"�^`" '•3 3'- F-.r7 _ •r'tea=: is -�•�K-L- .).h-- ..- SEE N 052" -t-- •Y- ..- "ao-zoaD - 4 7.:�•.+.4:= .',31A - - _ _ - .'t`n -'`i.<,n: - ' U/ NE_ - — - --------_------ ob.zs-01 M1�r.�P�•° ,} `•,� /----�--- Lz]�.,�— ------——— —------------ s .+. t-1 0¢t'^^-01 --- ----- ELIZABETH A.NEVILLE,MMMC may® G� Town Hall,53095 Main Road TOWN CLERK � � P.O.Box 1179 � 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS S Fax(631)765-6145 MARRIAGE OFFICER �� ®�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®� 'b� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 18, 2015 RE: Zoning Appeal No. 6889 Transmitted herewith is Zoning Appeals No. 6889 for Allison Latham-The Application to the Southold Town Zoning Board of Appeals for a Reversal/Interpretation. Also enclosed are Three Applicant Transactional Disclosure Forms,Notice of Disapproval to Southold Farm&Cellar Dated April 9 of 2015; Amended June 19 of 2015;Amended September 10 of 2015, A Memorandum from Donald J.Wilcenski, Chairman of the Planning Board to Leslie Weisman of the'Zoning Board of Appeals Regarding Request for Comments for Southold-Farm&Cellar- ZBA#6861 Dated May 6 of 2015, A Memorandum from Donald J. Wilcenski, Chairman of the Planning Board to Leslie Weisman of the Zoning Board of Appeals Regarding a Second Request for Comments for Southold Farm&Cellar-ZBA#6861 Dated September 1 of 2015, Section No. 54 Property Map Showing Lots Marked in Green Are the Development Rights Sold; Lots Marked in Purple Are the Adjacent Buildable Parcels, Section No. 55 Property Map Showing Lots Marked in Green Are the Development Rights Sold; Lots Marked in Purple Are the Adjacent Buildable Parcels. * * * RECEIPT * * * Date: 09/18/15, Receipt#: 193509 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6889 $300.00 Total Paid: $300.00 Notes: Payment Type Amount Paid By CK#2738 $300.00 Latham, Allison &Scott Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Latham, Allison &Scott 1755 Old North Rd. P. O. Box 1294 Southold, NY 11971 Clerk ID: SABRINA Internal ID:6889 Ao Allison Latham 1755 Old North Road Southold,New York 11971 (631)765-0066 November 4, 2015 NOV Southold Town Zoning Board of Appeals 20�ING$aA �?015 54375 Main Road R©QFAppl�,US P.O. Box 1179 Southold, New York 11971 Re: Application of Allison Latham, "Application" ZBA File No. 6889 SCTM# 1000-55-1-7 & 8.3 Ladies and Gentlemen: I write in connection-with my Application and the Building Department's amended Notice of Disapproval dated October 27,2015. It is my understanding that the two lots involved in Southold Farm& Cellar's application under ZBA File No. 6861 have now been properly merged and deeds have been duly recorded with the Suffolk County Clerk. As a result of the merger and the fact that the amended Notice of Disapproval dated October 27,2015 correctly includes the requirements of the Bulk Schedule, it would appear that my Application is now moot.' Due to the relationship between my Application and that'of Southold Farm&Cellar's application,under ZBA File No. 6861,-I believe that my Application with attachments under ZBA File No. 6889 should be made a part of ZBA File No. 6861 as part of the record and request that it be so included. I, therefore, am withdrawing my Application under ZBA File No. 6889 on the condition that the contents thereof be made a part of the file and record of Southold Farm& Cellar's ZBA File No. 6861. Kindly forward a refund of my Application fee in the amount of $300.00. Thank you for your consideration. Very truly yours, Allison Latham Cc: S. Kiely, Esq. RECEIV ED NOV w 5 2015 In response to Appeal #6889 By Allison Latham ZONING BOARD OF APPEALS Appeal #6861 By Carey & Regan Meador In response to Notice of Disapproval last dated October 27, 2015 (1) Object to Allison Latham's Appeal of the Amended Notice of Disapproval dated September 10, 2015. Latham does not have standing to appeal. Latham admits that she is 900 feet away from the premises. Latham is neither adjacent nor proximate for purposes of objections to the applications made by Southold Farm& Cellar farm winery. In-land use matters especially,the Courts have long imposed the limitation that the plaintiff, for standing purposes, must show that it would suffer direct harm, injury that is in some way different from that of the public at large (see, e.g.,Matter of Mobil Oil Corp. v Syracuse Indus. Dev. Agency, 76 NY2d 428, supra; Matter of Sun-Brite Car Wash v Board of Zoning&Appeals, 69 NY2d, at 413, supra; Little Joseph Realty v Town of Babylon, 41 NY2d 738, 741-742; Cord Meyer Dev. Co. v Bell Bay Drugs, 20 NY2d 211, 216, rearg denied 20 NY2d 970; Empire City Subway Co. v Broadway& Seventh Ave. R. R. Co., 87 Hun 279, 283, affd 159 NY 555; see also, Warth v Seldin, 422 US, at 499, supra). The Latham property is more than 900 feet away, their home is on a flag lot without direct frontage on Old North Road and her home is surrounded by agricultural uses which are in Agricultural District#1. A 400 sf wine tasting building has not harmed,nor will it harm,the Lathams. The Meador family lives on the property and runs the small winery from their home. In response to Allison Latham's Points: A. Ms. Latham claims that Lot 7 and Lot 8.3 have not been merged. Ms. Latham is wrong. In response to her claim,we have obtained an independent opinion from Advocate's Abstract which states that title to both parcels is held by Meador Land Company LLC. Meador Land Company LLC principals are Carey Meador and Regan Meador. The name of the winery is Southold Farm and Cellar which is owned by Carey and Regan Meador. The iCounty of Suffolk will continue to maintain two tax map numbers for the combined parcel for real property taxation purposes of the sold development rights. Exhibit B. Non-compliance with Town Code Section 280-13 (AO(4)(b)which states"the winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner" The purpose of merging the two parcels was to meet the language of 280-13 (A)(4)(b)which states "The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner". The winery owners are Mr. and Mrs. Meador. Meador Land Company LLC is a Limited Liability Company"owned"by Mr. and Mrs. Meador. Southold Farm& Cellar, the,winery business, is owned by Mr. and Mrs. Meador. C. Bulk Schedule Area Requirements apply and acreage without development righjR.K o by p + utilized to satisfy same. — NOV 0 5 2015 AND U� BOARD OF ADl'EALS Newest Notice of Disapproval in which the building inspector has been advised to address this issue in the notice of disapproval is contrary to the Town Code and to the past applications of the code. Exhibit B There is no basis in law or fact to the claim that development rights sold land can not be used to support Southold Farm and Cellar home, 400 sq.ft. tasting room and agricultural storage building used solely for wine processing and storage (no retail) on the reserve area. Such an interpretation would violate the New York State Constitution and stated public policies supporting agriculture. Agriculture is promoted by the Town throughout the zoning ordinance, the multiple existing land use studies, the proposed comprehensive plan, and the LWRP all uniformly promote agriculture. The State of New York also promotes agriculture; agriculture is a protected use in the New York State Constitution. Such a restrictive application of the zoning ordinance would be a violation of New York State Agricultural and Markets Law. The Use on the 23 acres is"Agriculture"and all of the other listed operations are a subset of agriculture: A. Vineyard is the crop B. The farm house supports the farm family which grows and tends to the crop C. The barns enable the farm to store the grapes for fermentation(production) and equipment D. The 400 sq. ft. tasting shed allows the farmer to display, sell, and educate the customers The above are not"separate uses"they are all an integral part of the agricultural use and without these integrated functions the agricultural production on the parcel is placed in economic jeopardy. A small farm winery owner, like any small farmer, lives and works on the farm. The proposed processing building holds the vats for the fermentation process and other equipment stored in the barn. The 23 acres constitute the full spectrum of agricultural uses. Furthermore, the farm winery agricultural use including the ancillary buildings and uses is regulated by the New York State Farm Winery License. "Winery"is not a defined term precisely because it is subject to widely varying descriptions of the use. The Southold Town Code makes no attempt to define or describe what constitutes a "winery"at all leaving the use open to myriad interpretations. As Mr. Meador testified during his numerous public hearings,his winery is considered very small. The Town of Southold has, in the past, site planned the larger wineries with large facilities to support the marketing of the agro- tourism and an entertainment model. The land is very expensive and supporting the employees, the overhead costs,processing and production costs can be overwhelming. The cost of production at large wineries necessitate the emphasis on an entertainment model. rJOV F� Z()tv Southold Farm& Cellar, and other smaller wineries, focus strictly on the wine p ociin entertainment. The East End wines have developed regionally'and have greatly improved in PEALS quality. The wines are able to compete nationally and internationally. At Southold Farm& Cellar the wine drinking experience is primarily educational. The beauty of the location next to the vines and pastoral setting adds to the experience. The experience offered is the quiet enjoyment of the agricultural surroundings, not external sources such as pony rides or food vendors. In Town Code Section 280-13(A)(4)(b)the winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes. Any agriculture, and any uses which support the agricultural purposes, are considered meeting the acreage requirement. The code does not state that the 10 acres must be with full development rights in tact. In our previous written submission, we provided several examples of wineries with 10 acres which were pieced together with development rights sold as well as full fee title parcels. Exhibit C The Latham appeal and the October 27", 2015 notice of disapproval would fall directly contrary to the opinion expressed by Robert Somers, director of New York State Agriculture and Markets, from the Sannino Appeal#6882 (herein attached). The Ag&Markets opinion states that all of the activities on a farm, including the homestead and farm structures support agriculture. These uses are not to be interpreted to be"separate"uses. The application of the"bulk schedule"requiring 2 acres per use would be considered an unreasonable restriction interfering with an agricultural use. NEW ISSUE: Notice of Disapproval Amended 10127115 At no time has any-department in the Town of Southold applied the bulk schedule 80,000 sf. of property, where development rights intact, require 80,000 sf per use. Examples of Wineries on the "reserve area"or non-development rights sold land which have not applied the bulk -schedule on the intact development rights are as follows: Bedell Cellars Vineyards. 36225 Main Road, Cutchogue: In 1986 49.3 acres of development rights were sold Area #1:2.61 acres reserved with winery, two story single family house, agricultural structures,greenhouse and barn for winery use. A Special Exception was granted for the winery use in 1986Appeal#3451. In 2002: The existing winery was approved for an expansion (now a permitted use) and - approved by Southold Town Planning Board. In 2004 the Planning Board had approved an expansion and addition to the winery of 4,602 sf. This project was reduced by the owners of the winery for anew tasting room, larger tank room and crush pad which site plan was approved Rt-:CEIVED pPoP 49$, McCall Winery.Peconic: BOARD OF APPEALS On the Planning Board's 1112115 resolutions for public hearings:McCall has a pending application for a 17,100 sq ft. "Wine production and storage facility, including agricultural equipment storage on 1.8 acres (reserve area)on 1000-109-1-38"Exhibit D The reserve area being used for the production building is attached to 35.8 acres of Development Rights sold land(1000-116-1-3.4) Exhibit E Also the Winery tasting building in the reserve area with less than 1 acre, with a single family dwelling, is located along Rt 25 and approved in 2011. Shinn Winery: Shinn purchased property in 1999, and sold development rights on all but 2 acres. In 2010 the Planning Board site planned for the winery, the single family residence with a B&B in the house (previously approved.by ZBA), the production and storage building, and later a windmill, Sherwood House: No variance was required. Property contained 2 ac. Reserve area with the house, accessory pool and wine tasting shed/out door area. Sctm:1000-100-4-5.3 & 5.4 D. History of the Lots is irrelevant. Throughout the Town of Southold farmers, including farm wineries, are purchasing parcels to increase wine production or for other purposes. The two parcels are"contiguous". Allison Latham's claim would violate Real Property Law. There is no prohibition on"combining contiguous parcels......in fact the Town of Southold has always preferred rejoining parcels rather than"subdividing parcels". At the last hearing the applicant submitted the analysis of an area variance; however, no Variances are required: Area Variance for Barn: The proposed barn located at 60'from Old North Road(a non-major road) is not for general public access. The barn is strictly for wine production,processing, storage and farm equipment storage. The proposed barn does not change the character of the area. Mr. Meador has taken photographs of barns within the neighborhood. (See attached photographs of the barns in the neighborhood) The required variance, if denied, would result in an unreasonable restriction of an this agricultural use. The 100' setback discriminates and unequally treats agricultural uses. Merely because the barn is used for storage and processing by the"winery", it must be set back 100' from the road. This proposed barn is not for the public, it is for pure agricultural production and stores' the processing vats for fermentation, as well as storage. If the barn were being constructed for any other agricultural use, other than wine production,the setbacks required would be at most 60' (the setback of a"principal structure") which setback can be met. Finally,,the buildings will require site plan review as would any farm. However,%AoR&OF APPEALS, limited access of the public to only the 400 sq.ft. "Tasting building", the site plan review should be that of an"agricultural site plan". Site plan review for a 400 sq.ft. "Tasting" building must be reasonable and take into consideration the scale of this winery. To do otherwise would violate Agriculture& Markets Law. A barn used for wine production, processing and storage should not be penalized through a bureaucratic maze merely because it falls within some pre-conceived, one size fits all definition of "winery"which, as pointed out above, is not found in the Town Code. Planning Board Comments': As to the Planning Board's comments,they are not based on the facts of this application. 1. There is no traffic problem on Old North Road. One neighbor who rides her bike daily on the road corroborated this fact. The Town of Southold Highway Superintendent has-made no recommendations to make any changes to Old North Road. For the sake of argument, if Old North Road was a dangerous road,the Town of Southold would have a duty to address safety issues. Generalized safety issues do not fall on one property owner to resolve. 2. Site planning is for a 400 square foot seasonal tasting building in the rear of the property. The parking regulations require 2 spaces. The family runs the farm and their vehicles are at their home. The applicant has offered 5 times the required number of spaces. 10 spaces exceeds their current or future needs. 3. Old North Road,while not a"major road", is not a"narrow local street", the road is 50 feet in width. 4. The"usual winery traffic" allegedly including limousines and buses, is not applicable at this site. Southold Farm& Cellar is specifically on a list of wineries which do not accept either limousines or buses.2 4. Incompatibility with the neighborhood. The applicant lives on the property with their two infant children. Their home is on the east side of the 400 sq.ft. tasting building. The neighbor on the west supports the application and testified at the hearing. This house was one of the original farm houses (Dickerson Home). 5. A Reasonable condition which is applicable to the 60' front yard variance for the barn,while un-necessary, would be acceptable. A. "No wine tasting in the barn" (the subject of this variance), as suggested by Planning Board, ' The responses below track the numbered or lettered comments given in the Planning Board memo to this Board. 2 At the Shinn farm winery, the Planning Board imposed a condition on the site plan approval prohibiting the parking of busses and limousines on the site. is already, by their application an implied condition of the variance. The variance is for a barn used for wine processing,production and storage and not for public access, wine tasting or retail sales. Further restrictions on the winery use are beyond the scope of the Board's authority. A winery is regulated under State Law. All other recommended conditions have no relationship to the requested variance. B. Special Events would be reviewed, and up to this Board, if an application is made. C. Outdoor music or other entertainment would have to abide by noise ordinance. SF&C has not had outdoor entertainment, however, if a radio is playing or a musical instrument is being played outside we do not want issues with the Town. Again, this condition has no relationship to this application for a processing, production and storage barn. D. "Hours of operation" exceed the scope of the Town's authority. Hours of operation are regulated by State Law. E. Parking is proposed in the proposed spaces If the owners have a private party this is their home. F. "30 minute& size of tasting limit" is beyond the scope of the Town's authority. This is regulated by State Law. RECEIVED NOV 0 5 2015 0j BOARD OF APPEALS ADVOCATE'S ABSI . .ACT, INC. Issuing policies of EStevvart title Insurance company RECEIVIED P, "1� , . _, October 29, 2015 NOV 0 5 2015 �,91,91_ BOARD O APPEALS To Whom it May Concern: Re: Meador Land Company LLC Title to 1000-55-1-7 and 8.3, two contiguous parcels, are held under one title and last deed of record is from Carey Meador to Meador Land Company LLC, by deed dated September 9, 2015 and recorded October 13, 2015 in Liber 12836 pg. 084 in the Office of the Clerk of the County of Suffolk. The chain of title to the last deed of record: As to tax lot 8.3: Title was previously held by Regan Meador and Carey Meador by deed dated June 7, 2012 and recorded June 14,2012 in Liber 12696 page 388. Title was then conveyed out to Carey Meador by deed dated September 9, 2015, recorded October 13, 2015 in Liber 12836 pg. 83 in the Office of the Clerk of the County of Suffolk. As to tax lot 7: Title was previously held by Carey Meador by deed dated June 7, 2012 and recorded June 14, 2012 in Liber 12696 page 3 87. Very truly yours, ADVOCATE'S ABSTRACT, INC. By: Stephen M. Richardson, President SMR jam 6302 Route 25A, PO Box 958 - Wading River, NY 11792 631-929-6686 - 631-929-3708 fax - .p. V E0 FORM NO. 3 ,�iJ`1' , TOWN OF SOUTHOLD BUILDING DEPARTMENT BCARD O APPEALS SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: April 9,2015 AMENDED:June 19,2015 AMENDED: September 10,2015 AMENDED:October 27,2015 TO: Southold Farm&Cellar 860 Old North Road Southold,NY 11971 Please take notice that your request dated March 31,2015 For permit for the conversion of a a_n existing building to include a tasting room and the construction of a new winery building at Location of property. 860 Old'North Road, Southold NY County Tax Map No. 1000—Section 55 Block 1 Lot 7&8.3 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article III Section 280 14 t No building or premises shall be used and no building or part thereof shall be erected or altered in the A C R 80 R 120 R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parkin Schedule[l]incorporated into this chapter with the same force and effect as if such regulations were set forth herein full. Pursuant to Bulk Schedule 80,000 square feet of property,development rights intact,is required per use The portion of property with development rights intact is+/ 40,000 square feet Pursuant to Article III Section 280-13 4 (c)The winery structures shall be set back a minimum of 100 feet from a major road;and (d)The winery shall obtain site plan approval. The proposed winery building is located 60 feet from Old North Road This Notice of disapproval was amended on June 19, 2015 to address the issue of two uses, acreage for winery,and rear yard setbacks.It was further amended to eliminate the need for certain variances after the applicant legally combined two parcels. This notice was further amended to add the need for a variance under bulk schedule. ------ ----- ---- 7 --------------------- Authoriz e- Cc:File,ZBA,planning,town attorney WILLIAM M.DUFFY SCOTT A.RUSSELL TOWN ATTORNEY O�QF SO(/Tyl Supervisor bill.duffy@town.southold.ny.us Town Hall Annex,54375 Route 25 STEPHEN F.KIELY P.O.Box 1179 ASSISTANT TOWN ATTORNEY stephen.kiely@town.southold.ny.us ® �� Southold,New York 11971-0959 LORI M.HULSE C0 Telephone(631) 765-1939 ASSISTANT TOWN ATTORNEY U�' Facsimile(631)765-6639 lori.hulse@town.southold.ny.us �IVa�° OFFICE OF THE TOWN ATTORNEY NOV a TOWN OF SOUTHOLD Bowkr AP ��$8 PEALS MEMORANDUM To: Mr. Michael Verity, Chief Building Inspector From: Stephen F. Kiely,Assistant Town Attorney .Q Date: October 27, 2015 Subject: Zoning Board of Appeals Application 96889 (Allison Latham) Be advised that this office has reviewed the Zoning Board of Appeals application #6889 (Allison Latham) which is seeking an interpretation of§280-14 and a reversal of the amended notice of disapproval, dated September 10, 2015 (hereinafter referred to as "NOD"), issued in connection with Southold Farm and Cellar, Inc.'s (hereinafter referred to as"SF&C")building permit application regarding"the conversion of an existing building to include a tasting room and the construction of a new winery building"located at 860 Old North Road, Southold,NY(hereinafter referred to as the"subject property"). Notwithstanding the fact that the subject property, which originally was one acre and has been subsequently merged with an adjoining parcel now making it 23.6 acres,it is the opinion of this office that the NOD is incomplete in that the §280-14 ground for disapproval is absent from same. In the AC zone pursuant to §280-14(see 280 Attachment 1) 80,000 sq. ft. is required per use and since a 1-family detached dwelling already exists on the development rights intact(hereinafter referred to as"DRI")portion of the property(which is 40,000 sq. ft. +/-and nonconforming)any additional use, such as a winery, would require an additional 120,000 square feet,which is lacking here. The reason the lot size is lacking is that the 22.6 acre property merged with the subject property is development rights sold(hereinafter referred to as"DRS") land which is encumbered by a covenant that prohibits "processing or retail merchandising"on the property. Therefore, since SF&C could not put a winery on the DRS portion of the property it may not benefit from such acreage by merger, for"bulk schedule"purposes. In accordance with the above,it is recommended that your Department amend the NOD to include the §280-14 ground for disapproval. If you have any questions please do not hesitate to contact this office. cc: Leslie Weisman, Chairperson Zoning Board of Appeals NO V 0 S 20 Off=APP84, 2 RECEIVED NEWYORK ,��j'jc t���1t e sPPOR- NOV 0 5 2015 ` �t=PG.�UhI�,� and M z?r ets <NDRr-_ {m. cu�ii4�� RICJIl� D A. l��tLL BOAkD OF APPEALS Governor Commissioner September 1, 2015 Anthony Sannino 7490 Alvahs Lane Cutchogue, NY 11935 RE: Vineyard, Town of Southold, New York Dear Mr. Sannino: Thank you for your inquiry concerning your vineyard. You indlbatetl that you own two parcels of land and lease another two parcels for the productin of grapes, which are used by you to produce wine, You indicated that all but one of the parce'•,s is located within a county adopted, State certified agricultural district. Upon review of the map-for Suffolk County Agricultural l3istcict No. 1, your 5.22 acre property ;is located within said district. The adjoining parcel 41tat,'was purchased is not in an:aOdtlltural district at this time, but you intend to plant 3 acres of grapes on that parcel of land this Mali, You also indicated that your leased land consists of 10.5 acres of grapes in Peconic and another 7.5 acres of grapes in Cutchogue down the road from your principal vineyard and residence. Both of those parcels are located within an agricultural district. Because your home parcel is located within an agricultural district, you have the ability to request the Department to conduct a review of local laws that may unreasonably restrict your farm operation. Your farm produces approximately 2,000 cases of wine annually and 85 to 90 percent of the juice used to produce the wine comes from the grapes grown by you on land that is, both owned and leased. Based upon our phone ropversation. you stated that the Town of Southold's Zoning Code requires 10 d6fitiLiuous acres of land to be considered a farm. The Code Enforc e6nid nt•Officer further stated that since the Town Zoning District ,where your property is located requires two acres for the house, that acreage is deducted from your total acreage to determine the amount of land available for a farm operation. AML §301(11) defines farm operation to mean ...the land and on-farm_bylldiNs, equipment,... and practices which contribute to the production preparation and marlce",,Of crops. livestock and livestock.products-as a commercial enterprise. ... Such farm'operaffon-may consist of orie of_more parcels of owned or rented land, which parcels may be p. i(ipaus,or noncontiguous to each other." (emphasis added) The definition of"crops,livestock and_livestock ?arIQ ts't as contained in AML §301(2) (b) includes, but is not limited to "[f]ruits," including "...apples, a les, peaches, grapes, cherries and berries." The on-farm "production, nrebaration and .. ,. mrkefin_" [AML §301(11)] of grapes and other fruits, as part of a winery, are considered part of a farm operation. The Department considers agricultural commodities produced "on-farm" to include any products that may have been produced by a farmer on his or her "farm':60-orpt�on," which could include a number of parcels owned or leased by that farmer throughout a town, county, or the State, E ' � �R 1 Anthony Sannino 21Fage BOARD OF APPEALS in prior reviews, the Department has determined that local laws that require a minimum acreage to be considered a farm is unreasonably restrictive. Municipal Codes should recognize that land leased by a farmer or owned, when the land pis contiguous or not contiguous to one another, is part of the farm operation when such land is located within an agricultural district. The definition of "farm operation" under the AML does not specify minimum acreage or gross sales and includes as part of the farm land that is owned and/or leased by the;nj*tigion. The land does not have to be contiguous to one another, You also asked about the Town's establishment of a building lot and 40-dttoting that acreage from the total acre4g6 owned to determine if Town-established acreage requirements are met. First, establishing a minimum_acreage, as previously discussed, may be unreasonably restrictive. Furi4 rn►ore, when the Department conducts a review of the farm operation, it looks at the land-in production as being part of the farm and does not reduce the amount of land in agricultural production Fused;,.upon local zoning. The Department examines actual use. For agricultural assessment purpase"s, the Department of Taxation and Finance also uses:,-a ruse, not zoning; to determine what land is eligible for an agricultural assessment (see eriGl, Tax and Finance Opfriion). If you have any questions concerning these comii?elits, please contact me at 518/457- 8887. Sincerely, mers: Manager, Agricultural-,i'rotG�Lon Unit _. Division of Land and Water Resources IOB Airline Dr,Alban;,M Y_ 122351 518/457-3738 1 mAv.doaciolure.rimov g �' Volume 11 - Opinions of Counsel ', LPS Ito. 92 Page i o 3 Delpgrtmelit'of No I v 0 5 2015 - Taxation and FlI*ncPt3OARD OFAPPE4l Volume 11 - Opinions of Counsel SBRPS H0. 92 Opinions of Counsel index Agricultural exemption (soil classification)(required revision); (generally) (zoning compliance) -Agriculture and Markets Law,§§305, 306;Real Property Tax Law, §481: An ass Apr, may not require a county soil and water conservation district to revise its worksheets which the assessor uses to administer the Agricultural Districts Law, but the assessor may request such revision in certain circumstances.An assessor may not rely solely on zoning requirements to conclude that areas classified by such worksheets are residential in nature; rather,the assessor's personal observation is required. Our opinion has been requested concerning the Agricultural Districts Law(Agriculture and Markets(AML],Article 25 AA; Real Property Tax Law, §481). An assessor has asked us whether he may require owners of land receiving agricultural assessments to submit corrected soil group vfark hgpts because the property's current worksheet soil classifications purportedly are not consistent with the minimum residential lot size required by zoning. Soil Group Wo)_' h is The Ag&Atiral Districts Law (AML,Art. 25-AA)authorizes agricultural assessments for"land used in,agricultural production"(see, AML,§§301(4), 305(1)(a) and 306(1)). The approval of such an agricultural assessment for eligible land requires the annual filing of an application by the lan6Wner. Each such application must include "classification information prepared for the applicant's land or water bodies used in agricultural production by the soil and water conservation district office within the county"(AML,§305(1)(6): see also,AML, §306(1))., The current method by which assessors determine agricultural assWentvalues for eligible agricultural land,which.was added to Article 25-AA in 1980 (L.1980, c.79), is based on such "classification information." The "soil group worksheets" which assessors use to make such determinations of value are "prepared at the request of the landbymer by the local Soil and Water Conservation District office pursuant to rules established by the Commissioner of Agriculture and Markets" (7 Op.Counsel SBEA No. 105; see also,1 NYCRR Part 370)., The applicable rules of the State Department of Agriculture and Markets (1 NYCRR-Part 370) do not provide that an assessor has the right to "require" that a county soil and �Volume 11 - Opinions of Counsel , .RPS No. 92 Pv Page 2 of 3, n water conservation diM-df49�i`Sa, &,W36WMe%ts(see, 1 NYCRR 0370.10, 370.11). Nevertheless,we believe an assessor may request such a revision in certain circumstances(see,RP-305-d). We do not believe that such a revision request is appropriate when an assessor solely relies upon zoning requirements to conclude that areas classified by one or more worksheets are residential in nature.Since that appears to be the case in this matter, it is our opinion that the county district need not revise the worksheets in question. However, it is also our opinion that,the inclusion of those areas in the worksheets does not preelude'the assessor from determining, based on actual observed use,that such lands are not eligible for agricultural assessments. Zoning and Agricultural Assessments Also in our opinion,assessors generally may not base determinations of taxable status an whether the use of a property is in compliance with zoning:;in reversing an assessor's denial of a tax exemption,the Court of Appeals stated "[t]he additional requirement imposed by the Appellate Division that an applicant must possess a special use permit is ...not found in"the exemption statute[RPTL,§420-a](Legion of Christ v. Town of Mount P/easant,l N.Y.3d 406,412,806 N.P.2d 973,9T1 774 N.Y.S.2d 860,864 (2004)). There are exemption statutes that do provide that qualified property must comply with land use regulation. One such example is RPTL,section 489, which a court found requires the issuance of a permit by New York City government before a building improvement could be considered "completed"and thus eligible for tax abatement and exemption(see, 31171 Owners Corp. v. New York City Department of Housing Preservat/on and Development, 190 A.D.2d 441, 599 N.Y.S.2d 19 (1st Dept.,1993));No such qualification is stated in the definition of"land used in agricultural production that is set forth in AML,section 301(4).Accordingly,we believe an assessor may not deny, in whole or in part, an agricultural assessment application solely based on land use restrictions set forth in the',town,s zoning ordinances April 21, 2005 AML,section 306(1),states in relevant part that"[s]uch assessment shall be granted pursuant to paragraphs a, b and f of subdivision one of section [305] as if such land were in an agricultural district." z We note that 1 NYCRR§370:10(a)states"[a]n applicant for an agricultural group value assessment, or an authorized representative, shall personally deliver, at least 30 days prior to the applicable taxable status date to the county soil and water district office,the assessment roll description,tax map land parcel number or numbers or any other documentation necessary to identify the parcel or parcels and their respective acreage used in the preceding two years for agricultural production." Subdivision(b)of this same rule states "[t]he district office shall outline on an appropriate soil.map or maps the parcel or parcels identified in subdivision (a) of this section and shall delineate land used in agricultural production from nonagricultural land." Volume 11 - Opinions of Counsel ` 'ARPS No. 92 Page 3 of 3 3 However,such a taxable determination by an assessor in no manner interferes with the power of a municipality to enforce its zoning ordinance (see,Town La'v; §268). Updated-February28,2013 .t vL'30ARD OF _ '41'PE LS 1 ; i ECEIVED Southola .own Planning Board — November 2,.2L, ,5 Approval Extensions: g BOARD OF APPEALS Strong's Marine Pavilion - This amended application is for the proposed construction of a 32' x 24' (640 sq. ft.) pool cabana with two (2) pergolas at 14' x 20', storage and attached changing rooms with no plumbing on 8.8 acres in the Marine II Zoning District. The property is located at 2255 Wickham Avenue, 670' n/w/o CR 48 and Wickham Avenue, Mattituck. SCTM#1000-114-3-1 Set Hearings: Boyle Agricultural Barn II - This Amended Site Plan Application is for a 60' x 130' (7,800 sq. ft.) metal agricultural barn where there exists a 60' x 120' (7,200 sq. ft.) metal barn and a 25' x 95' (2,375 sq. ft.) metal barn on 22.3 acres in the R-80 Zoning District. The property is located at 24435 Route 25, ±125' n/e/o Platt Road and NYS Route 25, 'Orient. SCTM#1000-18-2-34 McCall Wine Production Facility - This application is for the proposed construction of a multi-level 17,100 sq. ft wine arodacticn and storage facility, including agricultural 41 equipment storage, on a 1.8 acre reserve are-a (SCTM#1000-109-1-38) attached to ±35.8 acre of farmland (SCTM#1000-116-1-3.4) with Devel pmant Rinhts held by des Suffolk County in the AC Zoning District. This facility will not be open to the public. The property is located at NYS Route 25, ±1,800' s/w/o Alvahs Lane & NYS Route 25, Cutchogue. SCTM#1000-109-1-38 SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: A & S Southold Oil Corp. - This Amended Site Plan is for the construction of a 1,568 sq. ft. canopy pursuant to ZBA File #6757 to cover the existing fuel pumps on 0.3 acres in the General Business (B) Zoning District. The property is located at 49670 NYS Route 25, on the corner of NYS Rt. 25 & Main Bayview Road, Southold. SCTM#1000- 70-7-4 Southold Gas Station & Convenience Store - This Amended Site Plan is for the �L proposed conversion of an existing 3,476 sq. ft. building (formerly for vehicle detailing, RV sales and servicing) to a convenience store and vehicle fuel sales with: 6 fuel pumps (12 fueling stations), two canopies, one at 50' x 24' (1,200 sq. ft.) and the other at 50' x 50' (2,500 sq. ft.) and 29 parking.spaces on 1.46 acres in the General Business (B) Zoning District. The property is located at 45450 CR 48, on the s/w corner of CR 48 � and Youngs Avenue, Southold. SCTM#1000-55-5-2.2 Page 12 II w.nwm-anano SITE DATA R.wtn.•anono PARKING CALCULATIONS: 1—.1°Or'°1 SCTF4# 1000.109.1.40-.976 ACRE IcavatcPxd,ucx,s a+Am 1000.116-1.2 2-48 47 ACRES IasremP.e++rxxxaeeoral ougwn WINERY ,cw arrsaeRarAce osrAcea 1000.11E-1.3A•35.8 ACRES IaawurucxrRmxn.otal Hof(° rorALrurNcweruse aeruwm om.eea 1000.109.1d8.104ACRES xx:merxoeNwmw,Acn �°bp�'ny murABwxa vsvns® emACEOYM xc PROPERTY: 22600 MAIN ROAD ADDRESS CUTCHOGUE,NEW YORK,11935 \ lip s�{, OWNER: WALKER M-CALL,LLC. j• \ 5• CUT HOGUE,NY 11939 SITE- 87.046 ACRES e a'Pi VINEYARD 20.7 ACRES ZONING AC n LOT COVERAGE: �o �. u °gF,�y ALLAWABLE..20'h f r EXISTING-0 OBEY. ti \ SURVEYOR: JOHN EHLERS 1 O \ 6 EAST MAIN STREET W Y- g \ RNERHEAD,NY 11901 Z f LICENSE#50202 W DATED MAY 3,2009 ?J YOUNG BYOUNG,LAND SURVEYORS >— V ' RIV RHEA.NY 11901 tll Q J RNERHEAD,NV N901 Z Q/\ LOCATION MAP a C� / Land nox or FOna°ny � � /• Barti°Poce �\ CI 2 ��4 0 �nrOe�rN�Yaa�c -_ xonW SITE Fa 8 P w,a rWCLmvl,\ 328001MIN ROAD,CUTCHOGUFs NY a II \ —APPROVED BY \ 4\ PLANNING BOARD •a \ M •A TOWN OF SOUTHOLD rxcw • \ o oAre RRR I 1 * .�• + F 6 KEY PLAN -° tiCALI:NOT T SCALE ' •\ RNB 12 2011 a ,Ne, •�TI'�� cxa�xeo N9 s lF.NOTTO 3C �\ Ba sxEsrrms. SITE PLAN ® CD < Suffolk County Dept of Health Services Town of Southold Site Plan Approval ,,.+° II 0_� m M CO + 00 �c 00 < 1 \ j \ / 1D.m,2 aIP ! ! �..• \ \ /��— / ""-'mow O OPWEpi10NEH15= mux DNNm�cBv��� j - w•A�s j LIP ,5 0Lp 5 LIJ j NOW pR iORYEPLT z / \NIC L119 1RYSt 1 \ v F 1700 AAgg ♦N a klFAPBGb aPsronW�aaT-oa5b0n NW,VDra F —_ 41lC D'm•nn-TR W- O eNt 4W _-- mKDYA S7 •lA D�DTTR Y/ -- A2 SO \ — / — �13322eW- �� - , � - 3'32'26E - - -/---�- , you.` \ UTILITY tPer "' unuc wa / .... SA ---'----------------"-- \RaAD nw! 'mil .pY T-- E1DalRlc LRR FWaM \ scm^000-tOB-I-Q d. InR?M oN 6tifGW'TOR �s oEVF1.M�EN�Rmxrs Tgi�" t }' %"• 1 tom• _JI a W �E? B=e Ac¢Es r'�.zzs• r �w g a !-%I�TI DIRTfEDAD — \ FW. E7 ST �_�� ENGH�eRgl.b YL. LI I@l'1 \� Q F• M O OEVELOPYENT CWNtt EX15T. (U IpOD eAL 1/ (e'D OSBO ADiES TRH DPT DIA 4PT lD RTI9T'D1RIeAnO1/ / \ BRD TTID iRAv fell / \ ert.Dv.xe rr xL y F c w�D'et ROAD AR D-LAYN DRDIAW yr Wr(Elw) Ices1WIB tilfR rARil r+oAD \� �� {� TDr Drr TIIC F a'9NT.ee NCWOATt9 Tar a n•txc Nere� \ aeeAAe I a Rrm.oeeAeAwar®. e \ ` aT,� �NOVEtleERi4=010 PLAN Ym 12 2N1 \ SITE • LAN / APPROVED BY b SITE SCALE: I"-2O'-0 LP6 " �° ®hw" �^�" PLANNING POARD H 1 av TOWN OF GWRIOLD SUE FOLK COUNTYDEP7iRTMENT JC.=HEAL;fDATE BAR 142011 APPROVAL:7115110 \K REFERENCE 0 C1D-10-0001 DESIGN FLOW:329 Upd A � USE:WINETA$T1N0 AND STORAGE 21a2eih eW�S�AW dam U • JW NY STATE DOT m� �pvmam.tA maaDnetonew,P* SUFFO K COUNTY DEPARTMENT OF HEALTH ee�laavx TOWN OF SOUTHOLD SITE PLAN APPROVAL II u - j 4 Nuit�rI.I@. 1�. Cm vtl Yes ra�fdb V� •� '✓l �M�9�p�Ap t CL .c 0— maw ervn _T §L Lu U. py �W TA5TIN6 ROOM WINE STORAbE ew8TIH8ma zP a _ ` oven Henn 8 ts4sTtNs poucweTc &`'/� usHr I9%iL9Dt a we pN sn..ne Rip n.aoR praBtsl s z O H TOILr7 MI LET H.G a z• W S. EXISTING ��snPLANNrE� OUTDOOR OUTDTOOR OUTDOOR 6 OUTDOOR 5TALL OUTDOOR OUTDOOR - STALL STALL STALL y ALL E ALL a Br To �+wN tM Aw . uN�roR wsc, Mora BTpflA88 YY3 �E6 } ' IbN YIYL • f�J ' 0914 APPROVED 8Y— NS PLOAMNO BOAPZ Nmwsy: NS FIRST FLOOR PLAN TOWN Op SowN� SCAM tra•-Ta• - DAYS 'JAN.15.2010 ww�emn +ra•.r•o- TASTINb ROOM OCCUPANTS � rAaLeE Arm TASTR+s MAR AS Eakxvw ae OCG7PAMB 'D� 1� .,�`� FIRST TAEIL®Mm TASTING BAR As(•@7 NT STATE BWDINS ooee. T �Y �1' IS 5F nen vet rtxsoN.714 SPAS. as occIIPANr9 FLOOR PLAN %R 12 4HII 9 E T Suffolk County Dept of Hoatth Somlem Town of Southold Site Mn Approval MAILING ADDRESS: PLANNING BOARD MEMI6ERS �0�SO�ry P.O.Box 1179 MARTIN H.SIDOR ,`O� ��� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N ar Town Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 JAMDONAALDSJ.WIL ENSKI H.RICHIII � coul+�t, ' (eor.Main Rd. Southold, Youngs Ave.) Telephone: 631 765-1938 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD �-t'tl March 15, 2011 ivo v 0 5 2015 Ms. Nancy Steelman C)F/APPEALS c/o Samuels &Steelman 25235 Main Road Cutchogue, NY 11935 Re: Approval: Proposed Site Plan for McCall Farm Winery Located at 22600 Main Road, Cutchogue SCTM#1000-109-1-40 Zoning District: A-C Dear Ms. Steelman: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, March 14, 2011: WHEREAS, this site plan is to construct a 724 s.f. wine tasting room and a 782 s.f. wine storage area by altering an existing 2,480 s.f. barn on an 87-acre parcel in the A-C Zoning District; and WHEREAS, on January 19, 2010, a site plan application was submitted for review by the applicant's agent, Samuels&Steelman; and WHEREAS, on March 23, 2010, the Southold Town Planning Board formally accepted the application for review and distributed the application to agencies having jurisdiction for their comments including the following: Town Engineer, Architectural Review Committee, Cutchogue Fire Department, Suffolk County Planning Commission, Local Waterfront Revitalization Coordinator, Southold Building Department and NYS DOT; and WHEREAS, the comments from those agencies were received and reviewed by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board: and WHEREAS, on May 10, 2010, a public hearing was held and closed by the Southold Town Planning Board regarding the site plan; and ' V gI BOARD OF APPEALS McCall Farm Winery Page Two March 15, 2011 WHEREAS, on May 1.7, 2010, the Southold Town Planning Board, pursuant to Southold Town Code'§280-131 C., received a reply from the Suffolk County Planning Commission with the notation that the application was a matter for local determination, with two comments: 1. No off-street parking should be allowed to overflow onto adjacent Suffolk County (purchase of development rights)farmland property; 2. A fence (in accordance with the Zoning Code) or a landscaped buffer should be located between Lot 40 and Suffolk County PDR farmland property to the south. Both comments were considered by the Planning Board and the Development Rights Easement Area was noted on the plan, however, a fence or landscaped buffer was not required because both uses are agricultural and screening was not considered necessary; and WHEREAS, the'Southold Town Planning Board, acting under the State Environmental Quality Review Act(6 NYCRR), Part 617.5c(7), has made a determination that the proposed action"is a Type II Action and not subject to further-environmental review; and WHEREAS, on August 23, 2010,the applicant submitted the Suffolk County Department of Health Services approval, Permit(#C10-10-0003) and a copy of the plan approved by the SCDHS, on which one hand-written notation was made (and subsequently noted on the site plan to be endorsed by the Planning Board); and WHEREAS, on March 9, 2011, the applicant submitted,plans approved by the NYS DOT with their Curb Cut Permit#10-094P, and those plans were found to be in agreement with the site plan except for one detail showing an existing curb cut to be abandoned. This was subsequently noted on the site plan; and WHEREAS, on March 10, 2011, the Cutchogue Fire Department reviewed the plan and requested an emergency vehicle turn-around, pursuant to State Fire Code Appendix D103.4,-be installed as the driveway is a dead-end greater than 150' in length; and WHEREAS, on March 11, 2011, the Southold Town Building Inspector reviewed the plan and certified that the proposed action is a permitted use in this A-C Zoning District; and WHEREAS, at a Work Session on March 14, 2011, the Planning Board determined that all applicable requirements of the Site Plan Regulations Article XXIV, §280—Site Plan Approval of the Town of Southold have been met; therefore, be it RESOLVED, that the Southold Town Planning Board has determined that the action is consistent under the policies of the Town of'Southold Local Waterfront Revitalization Program; and be it further RLCEIVED t McCall Farm Page Three Mar -W-10 APPEALS Winery RESOLVED, that the Southold Town Planning Board grants Approval and authorizes the Chairman to endorse the site plan,entitled "A New Winery at the McCall Farm", prepared by Nancy Steelman, R.A., dated January 15, 2010 and last revised March 11, 2011, including the following pages: Sheet No.: SPA Key,Plan Sheet No.: SP-2 Site Plan Sheet No.: SP-3 Details Sanitary& Drainage Calculations & Diagrams Sheet No.: 1 First Floor Plan Sheet No.: 2 Building Elevations Please also note the following requirements in the Southold Town Code relating to site plans: 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct,the light in such a manner as to contain the light and glare within property boundaries, and to shield the light from the sky. 2: All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. Approved site plans are valid for three years from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 4. Any changes from the approved site plan shall require Planning Board approval. 5. Prior to the issuance of a Certificate of Occupancy, the Planning Board or its representative, must inspect the site to ensure it is in conformity with the approved site plan and issue a final site inspection approval letter. Should the site be found not in conformance with the approved site plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. A copy of the approved site plan is enclosed for your records. One copy will also be sent to the Building Department and the Town Engineer/Highway Department. If you have any questions-regarding the information contained in this resolution; please contact the Planning Board Office. Very truly yours, Martin H. Sidor Chairman Encl. cc: Town Engineer w/map Building Dept. w/map i ogl-i WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, January 7;2013 2.30 p.m. Executive Board Room, Town Hall Annex ,;,� 0 Site Plan Applications Pro'ect,name: Surre Lane, LLC ! SCTM#: ; 1000-69-5-18^6 - - __---- -- -- - -----Y ` ! Location: 46975_NYS Route 25 Southold Description: This site plan is for the proposed construction of a 90' x 42' (3,780 sq. ft.) agricultural equipment storage building on a SC Development Rights ! ronert of 43.7 acres in the A-C Zoning District �------- ---- -- --- _� - --- __..------- - _ �... _-.----------� ---•-Status: Pending------ - ' Pending _------------- `_ ---- ------ -------- _— . - _------------ Action:__ _— _ Review comments from-referrals _----_____ Attachments: j Staff Report _ __ —_---- Project name: 1611cCaIlFarm VlPiner� Tv4 _SCTM#_ 1000-109-1-40J ---_^- i Location: _ 22600 Main Road, Cutchogua 1 Description:- W- This proposed site plan is to construct a 724 sq. ft. wine tasting room and a 782 sq. ft. wine storage area by altering an existing 2,480 sq. ft. barn 1 1 on an 87-acre arcel in the A-_C Zoning District. ! Status: Approved site plan_ Action: Review comments from final site inspection. Attachments: Draft letter _ - _- ___.- -------------- --- -- -------------------- ------- ! Project name: Tikal 1 Convenience_Store__ _-_ ; SCTM#:I 1000-97-1-6.1_______ Location_-- - __...__...._.._ 250 Cox Lane, Cutcho ue ----_------------------ j Description: , This site plan is for the proposed conversion of an existing 3,200 sq. ft. j building to include a 1,244 sq. ft. retail convenience store.and 1,956 sq. 1 ! ft. of storage space on a .68-acre parcel in the General Business (B) Zoning District Status: Pendirjg_---_l_-_----— _- i Action: Review comments from referrals. L Attachments:- � *Z F SO(/T�o =. y �o "o . Town Hall Annex Telephone(631)765-1802 54375 Main Road Fax(631)765-9502 CA P.O.Box 1 179 �O Southold.New York 11971-0959 r HVED BUILDING DEPARTMENT NOV 05 2015 TOWN OF SOUTHOLD BOARD OF APPEP LS MEMORANDUM TO: Martin H. Sidor, Planning Board Chairman FROM: Michael J. Verity, Chief Building Inspector DATE: March 11, 2011 REQUIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION Project: McCall Farm Winery Location: 22600 Main Road,Cutchogue SCTM# 1000—Section 109-Block 1 —Lot 40 Date: January 15, 2010 Revised Date: March 25,2010 1. ALL BUILDINGS AND USES SHALL COMPLY WITH CHAPTERS 144 AND 280 OF THE SOUTHOLD TOWN CODE. 2. OFF STREET PARKING BY AUTHORITY OF THE PLANNING BOARD. 3. ALL FENCING, SCREENING AND LANDSCAPING BY AUTHORITY OF THE PLANNING BOARD. 4. THE PROPOSED USE WineryIS A PERMITTED USE IN THIS AC DISTRICT AND IS SO CERTIFIED. Michael J. Ver t Chief Building Inspector MAILING ADDRESS: ]PLANNING BOARD NiE11BERS �Qf S P.O.Box 1179 MARTIN H.SIDOR ti0� y�/_ Southold,NY 11971 Chair OFFICE LOCATION: WIL LIAM J.CREMERS C yC Town hall Annex ]KENNETH L.EDWARDS Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd.&Youngs Ave.) DONALD J.WILCENSBJ l�Comm,� Southold,NY Telephone:631 765-1988 Fax:631 765-3136 PLANNING BOAR.I) OFFICE TOWN OF SOUTHOLD RECEIVED MEMORANDUM NOV 0 5 2015 BOARD OF APPEALS To: Michael J. Verity, Chief Building Inspector From: Heather Lanza, Planning D1rectorq0?--. Date: March 9, 2011 Re: McCall Farts Winery 22600 Main Road, Cutchogue SCTM#1000-109-1-40 The Planning Board refers this application to you for your certification by Friday, Larch 11t', if possible. This site plan is proposing to alter an existing barn totalling 2,480 sq. ft. into a winery within a development rights intact area of an 87.03 acre parcel of development rights sold land. The proposed winery will have a lot coverage of 0.065% in the A-C Zoning District. Thank you for your cooperation. Encl: Site Plan r f � i Allison Latham Scott Latham 1755 Old North Road Southold,New York 11971 (631)765-0066 ?(0 December 2, 2015 RECEIVED Southold Town Zoning Board of Appeals DEC 3 2015 54375 Main Road ` P.O. Box 1179 BOARD OF APPEALS Southold,New York 11971 Re: Application of Southold Farm & Cellar ZBA File No. 6861 SCTM# 1000-55-1-7 & 1000-55-1-8.3 Ladies and Gentlemen: As you know, I oppose this application and have submitted written opposition dated July 2, 2015, July 31, 2015, and August 20, 2015. 1 now write in further opposition to this application and to specifically address (a) the comments of the Southold Agricultural Advisory Committee, "Committee", contained in its letter of August 19, 2015 to the Board, (b) the comments of the Southold Town Planning Board, "Planning Board", contained in its memorandum dated September 1, 2015, and (c)the Applicant's submission of November 5, 2015. A. THE COMMITTEE'S LETTER The comments of the Committee entirely miss the mark and do not provide support for this application. The deficiencies in the Committee's position, to the extent now relevant, are set forth below. First, 860 Old North Road is not an"agricultural farmstead", nor has it ever been. It is a 1 acre non-conforming parcel not now or ever devoted to farming. This parcel has now been merged with Applicant's 22.65 acre parcel, only 9 acres of which is vineyard. Second, the non-conforming 1 acre lot which is the proposed site of the winery would not be used for agricultural production. Rather, in addition to the current residential use,the non- conforming 1 acre lot would also be utilized for the commercial use of processing and a public tasting room. Third, contrary to the Committee's assertion, a grant of the relief sought is not necessary to keep the farmland parcel in agriculture, as demonstrated by the Applicant's prior actions. It should be noted that the large parcel adjacent to the Applicant's development rights sold parcel as well as a large parcel on the other side of Youngs Avenue, both of which were a part of the 4 original Dickerson farm, are actively being farmed without the need for any relief such as that sought by the Applicant. Fourth, the 1 acre parcel is not in an agricultural district, as conceded by the Committee, and is not used or proposed for use in agricultural production as defined in §301 of NYS Agriculture &Markets Law, hereinafter"Ag &Markets". Even assuming the 1 acre parcel was in an agricultural district, a winery is not an agricultural building pursuant to Ag&Market's own definitions, as explained in detail in section C(3)(a)below. Fifth, contrary to the Committee letter,there is no precedent for such drastic relief as is sought here. Indeed, the Committee cites no such precedent. Finally,the relief requested is not warranted under applicable law. In the event there is a change in law, as urged by the Committee, it must come legislatively. Unless and until that happens,the current laws stand, and the application should be denied. B. THE PLANNING BOARD COMMENTS The comments of the Planning Board are, for the most part, spot on. The Planning Board states that it"does not support granting relief for a winery to be located on this parcel". The Planning Board gives numerous reasons for its statement which have been argued by me throughout this process—insufficient parking, increased traffic (including buses and limousines), the variances sought are substantial, and a grant of these variances would set a dangerous precedent. Most significantly,the Planning Board states, "A retail winery at this location would be incompatible with the neighborhood". Respectfully,the Planning Board's suggestion to the Board that, if the Board is inclined to grant the relief requested, it impose covenants and restrictions on the property, is entirely insufficient to address the numerous issues concerning this application for five reasons. First, covenants and restrictions cannot remedy the grossly undersized nature of the parcel and the intensity of the uses which would be conducted thereon. See section(C)(3) below. Second, it is quite evident from Applicant's actions that rules do not seem to matter much to Applicant. Applicant has admitted to operating a tasting room and processing wine on this parcel without obtaining any Town approvals to do so. Third, how would the Town monitor whether the Applicant is adhering to any such covenants and restrictions? Would the burden of monitoring the Applicant fall on the shoulders of neighbors? To whom would one report any activity that is in violation of any such covenants and restrictions? Fourth, from what I understand, in the event Applicant were to breach any imposed covenants and restrictions, the only remedy for the Town would be to commence a civil action against the Applicant in the Supreme Court, Suffolk County. I question whether the Town 2 � 1 would commence such an action, as it has not appeared willing to even charge the Applicant with its clear and admitted violations of the Town Code. If the Town is unwilling or unable to commence such an action,then any covenants and restrictions imposed by the Board would be nothing more than mere paper and be entirely ineffective. Finally, it appears from Applicant's counsel's submission of November 5, 2015 that Applicant would not be willing, in any event, to abide by any covenants and restrictions or conditions imposed. C. APPLICANT'S NOVEMBER 5TH SUBMISSION Applicant's November 5th submission raises a series of issues in an attempt to support its application. None of these issues is factually or legally correct. These issues are discussed below. 1. LATHAMS' STANDING Applicant asserts that I lack standing to object. This is not correct. While standing is more appropriately asserted in an Article 78 proceeding, I note that I do have the requisite standing should such a proceeding occur. In my appeal under ZBA File No. 6889, I apparently made an error in calculating the distance between my property, hereinafter"Latham Property", and that of the Applicant as approximately 900 feet. Upon further review,the Latham Property was approximately 700 feet away from Applicant's property when measured along Old North Road. Further, due to Applicant's merger of its two lots,the Latham Property is now approximately 450 feet away when measured from the Latham Property edge on Old North Road to the edge of lot 8.3 across the street. This proximity satisfies any formulation of the standing requirement(including, but not limited to the 500 feet requirement posited by Applicant). All of the cases cited by Applicant are inapposite as they all involve entirely different circumstances than those present in this matter. If the Board would like, I would be more than happy to provide a full analysis demonstrating my standing in a separate submission. 2. MISCHARACTERIZATION OF THE LATHAM PROPERTY Applicant makes two mischaracterizations of the Latham Property as follows: 1. Applicant asserts that the Latham Property has no frontage on Old North Road. However,the Latham Property does, in fact, have direct frontage on Old North Road—approximately 128 feet. 2. Applicant asserts that the Latham Property is "surrounded by agricultural uses". However,the Latham Property is not, in fact, "surrounded"by agricultural uses. The Latham property is bounded by an agricultural use on the westerly side, residential uses on the northerly rear, a residential use on the easterly side, and a residential use on its southerly front yard (in addition to its direct frontage on Old North Road). 3 3. APPLICATION OF BULK SCHEDULE Applicant appears to make four arguments as to the application of the Bulk Schedule in this matter. None of these arguments has any merit, as described in detail below. a.The application of Bulk Schedule as opined by the Town Attorney is valid and correct Applicant first argues that the current reading of the Bulk Schedule is contrary to Town Code,past applications of the Town Code, in violation of the NYS Constitution, and in violation of Ag& Markets. The current reading of the Bulk Schedule is not contrary to either the Town Code or past applications of the Town Code, and is not in violation of either the NYS Constitution or Ag&Markets. The Applicant's argument lacks merit in five respects. First, as stated in my prior submission of August 20, 2015, to read the Bulk Schedule any way other than that incorporated in the amended Notice of Disapproval in this matter dated October 27, 2015, hereinafter"41h Disapproval", defies logic and renders the Bulk Schedule virtually useless. Such an interpretation could lead to the ludicrous instance of a two acre parcel containing a single family residence, a winery, a nursery school, a cemetery and a stable. Second, no board, in reading the Bulk Schedule, has taken a position contrary to that contained in the 4th Disapproval. No board has said that development rights sold property could be utilized to satisfy the Bulk Schedule. It defies logic to count for development purposes acreage which cannot, in fact, be so developed. The Town has, in fact, interpreted the Bulk Schedule in exactly the same manner as in this matter with respect to the Shinn Winery. See footnotes #5 and#7 in former Southold Town Attorney Martin D. Finnegan's letter to the Department of Agriculture and Markets dated July 31, 2009, annexed as Exhibit A. Third, the other wineries that Applicant relies on in support of its assertions are all very different from what is proposed in this application,to wit: 1. Bedell Cellars (a) was created by special permit under a former version of the Town Code almost 30 years ago, (b) original winery in 1986 was a pre- existing agricultural building, (c) is located on the Main Road, and(d) parcel upon which all of the pre-existing buildings existed consisted of almost 3 acres (for Town Code purposes)—three times as large as the parcel in issue. 2. McCall Winery (a) does not require any variances, (b) is located on the Main Road, (c) is proposed to be located on 80,000 square feet, (d) is proposed for processing only, and (e) existing tasting room was a pre-existing building on a parcel which does not contain a dwelling. 3. Shinn Winery was created under circumstances best described in former Southold Town Attorney Martin D. Finnegan's July 31, 2009 letter(Ex. A), which circumstances speak for themselves. The Shinn reserve area after its sale of development rights contained a house and pre-existing agricultural buildings. As indicated in Mr. Finnegan's letter, Shinn converted the pre- existing buildings into a winery and tasting room without ever notifying the Town of what it truly was doing. The Town need not as a matter of law perpetuate any mistakes it made in the Shinn matter. 4 t f 4. Sherwood House involves a house and winery on a reserved parcel more than twice the size of the Applicant's non-conforming parcel. The reserved parcel was created in connection with a sale of development rights, unlike the separate purchase made here long after development rights were sold. Fourth, one can only assume from Applicant's submission that, in its claim that such an interpretation of the Bulk Schedule violates the New York State Constitution, it is referring to Article 14, §41. This provision in the NYS Constitution indicates what the NYS legislature is to include in implementing its stated policy in certain areas. This provision is not applicable to the Town or to this application. Even assuming this provision is applicable, there is nothing in the Bulk Schedule which violates this provision. Finally, as is so often the case, Applicant improperly relies on Ag &Markets. The following are the definitions under Ag &Markets which are relevant to this application: "Agricultural product: ...any agricultural product...including but not limited to fruits...and fruit juice..." (§328 Definitions). Wine is not included in this definition. "Crops, livestock& livestock products: ...grapes..."(§301 Definitions). Wine is not included in this definition. "Land used in agricultural production: ...Land used in agricultural production shall not include land or portions thereof used for processing or retail merchandising of such crops..." (§301 Definitions). "Farm operation: land and on-farm buildings...and practices which contribute to the production, preparation and marketing of crops..."(§301 Definitions). "Agricultural commodity: any and all agricultural...vineyard products...sold in the state either in their natural state or as processed by the producer thereof." (§293 Definitions) "Processor: any person engaged within this state in processing...fermenting... crushing, or in any way preserving or changing the form of an agricultural product."(§293 Definitions). Pursuant to Ag &Market's own definitions, there can be no doubt that: (a) Applicant is not a"farm operation" since wine is not a crop and wine is processed, not"produced" or"prepared"; (b) Applicant's 9 acres of vineyard, but not the 1 acre parcel for the proposed winery, are "land used in agricultural production" since land used for ' Although this Article and Section is not cited by Applicant, it is included as an apparent exhibit in its November 5th submission. 5 c r processing is specifically excluded from the definition and wine is not a crop; (c) Applicant's grapes are an "agricultural product" under the definition in §328; (d) Applicant is a"processor"under the definition in §293. As wine is made from crushed grapes, which juice is then fermented, a winemaker is a processor; and (e) Applicant's wine is not an"agricultural product" but, rather, an "agricultural commodity"under the definitions of§328 and §293. Therefore, Applicant's argument that the Town Code is unreasonably restrictive of its "agricultural use"pursuant to Ag &Markets is entirely without merit. Ag&Markets clearly differentiates a farmer who grows crops and sells the crops in their raw state from a farmer who grows crops and processes those crops into a product for sale. If we follow Applicant's interpretation of agriculture and"unreasonable restrictions", then a farmer who grows potatoes, corn, strawberries, or tomatoes would be permitted to construct a large building on his property, no matter the size, to process and package those crops into potato chips, popcorn,jam, and tomato sauce. This clearly is not the intent of Ag&Markets and such an interpretation should not be adopted in this case. b. The proposed uses are separate The Applicant asserts that the proposed uses are not separate uses. Contrary to Applicant's assertion,the proposed uses are two separate and distinct uses. The use of the single family dwelling, a residential use, and the proposed use of the winery and tasting room, a commercial use, are clearly two separate and distinct uses. c. A winery is in issue The Applicant asserts, somewhat tongue-in-cheek, that it does not know what a winery is. This argument is absurd. We all know what a"winery" is. Apparently the Applicant also knows since it applied to the New York State Liquor Authority for a farm winery license. Although "winery" is not a defined term in the Town Code, the Town Code indicates that any terms not so defined within the Code are to be found in Webster's Third New International Dictionary of the English Language, unabridged(or latest edition). A winery is a place in which wine is made. Applicant can continue to call its proposed building a barn, an agricultural building, an agricultural storage building, an agricultural production building, etc., but that does not change that is, in fact, to be a winery. Therefore, all provisions of the Town Code with respect to wineries apply. d. The letter of September 1, 2015 is irrelevant Applicant relies on a letter of Dr. Somers of the NYS Department of Agriculture and Markets to Mr. Anthony Sannino dated September 1, 2015. Applicant's reliance on this letter regarding the Sannino winery application is entirely misplaced, as the issue in Sannino is the 6 J ♦ Y V \ application of§280-13(4)(b), i.e. the 10 acre rule for wineries. As this provision of the Town Code is not in issue in the instant application, the two matters are not comparable. 4. AN AREA VARIANCE IS REQUIRED There is a fundamental difference between an agricultural building and a winery, which is exactly why the Town Code differentiates between the two in the zoning regulations. Agricultural buildings are utilized by farmers to store their equipment, supplies, and, sometimes, their crops. The public does not visit agricultural buildings. I have resided immediately adjacent to an agricultural use for many years and there have never been 8, or even 6 cars at the farm. The only car is that of the farmer and, during planting and harvest, maybe 1 or 2 more cars. The public does not visit the farm. All of the agricultural buildings contained in the photographs and Google Earth images in Applicant's last submission were constructed prior to the zoning code. In addition, the public does not visit any of these buildings. Conversely,the proposed winery(and all other wineries) includes a tasting room which means that the public will be visiting this site. Visitors not only visit the tasting room to sample and purchase, but also visit the winery itself to observe the winemaking process. As a result, the Town realized that it needed to create a larger"buffer"between winery sites and other residential uses than what is needed for agricultural buildings. In addition, wineries and tasting rooms require parking for their visitors and a 100 foot setback from the road provides space for a parking area. A 100 foot setback for a winery is perfectly reasonable considering the above, and, regardless, not"unreasonably restrictive"pursuant to Ag &Markets, as a winery is not "agriculture". 5. MISCHARACTERIZATION OF NEIGHBORHOOD PROPERTIES Applicant mischaracterizes property in the neighborhood and its owner's actions in response to the Planning Board comments. Specifically, Applicant asserts that, "The neighbor on the west supports the application and testified at the hearing. This house was one of the original farm houses (Dickerson Home)." This is incorrect in two respects. First, while Mr. Philip Burns, who owns the property west of Applicant, has submitted a letter supporting this application, he has not testified at any of the public hearings in this matter. Second, while his property was a part of the original Dickerson farm, there was no house on such parcel until 1999, as reflected by the Assessor's property card, annexed as Exhibit B. Accordingly, his house is not the original Dickerson home as Applicant contends. Assuming Applicant did not intend to purposely mislead the Board, but rather mistakenly meant to refer to Mrs. Carol Haman who testified at the August 6t"public hearing in this matter, her parcel is located on the east of the Applicant's parcel and her parcel was never a part of the Dickerson farm. Her parcel was a part of the Grigonis farm and her house appears to have been constructed in 1964, as reflected by the Assessor's property card, annexed as Exhibit C. 2 Any approval would, of course,have to be conditioned upon meeting such requirement. 7 Y t I D. THE NYS LIQUOR AUTHORITY APPLICATION As I have argued from the outset, Applicant has gone about this process in an entirely backwards and duplicitous manner, as reflected in my timeline of applications contained in my submission of July 2, 2015. In its response to the Planning Board comments of September 1, 2015, Applicant appears to be attempting to bootstrap itself into local approvals by claiming that its NYS Farm Winery License dictates what Applicant is permitted to do and that the Town has no authority to place conditions on Applicant. Due to Applicant's apparent attempt to bootstrap itself into local approvals, I, unfortunately, am constrained to make the Board aware that it appears that Applicant never should have been granted its Farm Winery License in the first instance. It is my understanding that one must comply with local zoning and have local approvals in place prior to the issuance of a license by the NYS Liquor Authority. It appears from a copy of Applicant's application to the NYS Liquor Authority, that Applicant represented to the Authority that it had such approvals. A copy of the application is annexed as Exhibit D, see p. 7, question 2e. E. THE NATURE OF THE APPLICANT'S USE Despite the Applicant's protestations as to its intended limited use of the site, its actions to date tell an entirely different story. Although Applicant claims it does not utilize attractions such as food vendors, the Applicant has hosted a food vendor on site. A photograph apparently taken by a visitor is annexed as Exhibit E. The Applicant, on November 7, 2015 at 2:48 p.m. had eight vehicles on site without the construction of the proposed winery. A photograph taken by me at such time is annexed as Exhibit F. As the Board is aware,November is not"peak season" for wineries, so one can only imagine the number of cars one would find during the busy summer season. Finally, I must note that a recent newspaper article regarding the Applicant contains assertions that the Applicant has "never tried to fool anyone". The truth of those words must be measured against Applicant's actions. When so measured, the words are seen to be untrue. Applicant obtained its farm winery license by asserting the existence of approvals that did not exist and is now trying to gain these approvals by the use of such farm winery license. Applicant has attempted to operate a tasting room under the guise of a farm stand. Applicant has protested that its operation will be limited while engaging in acts which indicate otherwise. F. CONCLUSION When the five-pronged balancing test is applied to this application, it is evident that the relief requested is entirely self-created, it is substantial, it will have an adverse effect on the character of the neighborhood and on nearby properties, and there are other feasible methods for 8 �1 v the Applicant to pursue. For these reasons, the reasons set forth in all of my prior submissions, and those contained herein,the relief sought should be denied. I thank you for your time and your careful consideration of this matter. Very truly yours, Ahok--(AhUh---I Allison Latham 9 EXHIBIT A MARTIN D.FINNEGAN SCOW A.RUSSELL TOWN ATTORNEY �F S0 Supervisor martin.finnegan@town.southold.ny.us JENNIFER.ANDALORO ~ Town Hall Annex,54375 Route 25 ASSISTANT TOWN ATTORNEY 4 P.O.Box 1179 Jennifer.andaloro@town.southold.ny.us v' ac Southold,New York 11971-0959 LORI M.HULSE Telephone(631) 765-1939 ASSISTANT TOWN ATTORNEY l�CDUjf r(, Facsimile(631)765-6639 Q� lori.hulse@town.southold.ny.us CJ OFFICE OF THE TOWN ATTOR > „„ _ TOWN OF SOUTHOLD July 31, 2009 ; U ltn r� II }a i1^1' f , - '..w.�-..•t e 1 r it VIA FACSIMILE and FIRST CLASS MAIL JJ , f JUL 31� Danielle C. Cordier, Esq. ' Counsel's Office ' NYS Dept. of Agriculture and Markets 1013 Airline Drive Albany, NY 12235-0001 „ RE: Review of the Town of Southolws Zoning Code as it Pertalns to Shinn Vineyard, LLC Dear Ms. Cordier: This letter serves as a response to your letter of June 1, 2009. While the Town of Southold ("Town") understands the goals and purpose of the Department of Agriculture and Markets ("the Department"), for the reasons explained in more detail below, we respectfully disagree with your conclusion that certain sections of our code are unreasonably restrictive as applied to the Shinn Vineyard, LLC ("Shinn") site plan application. We note at the outset, however, that the Town appreciates the open dialogue and cooperation of-the Department that has led to the resolution of certain issues that were initially raised by the Department including the Town's request that Shinn depict an electric firewell on its property. A. History of the Development on site. Shinn purchased the site in January 1999 as part of a larger parcel that included the surrounding vineyard land. The development rights to all but the 1.2 acre subject site were subsequently sold by Shinn to the Town in March 2000. At the time of Shinn's purchase of the property in 1999, the reserved parcel contained a two story farm house with garage, two barns and two small frame buildings.' A copy of a survey of the property designating the uses and buildings on the site as of March 20002 is attached as item "B". In 1999, 2000, 2002, 2003, 2004 and again in 2006, Shinn obtained separate 'A copy of the pre-existing Certificate of Occupancy for the property prior to the date of Shinn's purchase is attached as item"A". 2 A comparison of the March 2000 survey and the site plan submitted for approval of existing buildings on the site illustrates the change in intensityW uses and limitations of the size of the parcel. See,item"C",a copy of the site plan submitted to the Town by Shinn in August 2006. Danielle C. Cordier, E - Page 2 July 31, 2009 1p building permits for "alterations," "additions" and "repairs" to. "agriculture storage buildings" on the site. Each permit application did not reflect the intended use of any agricultural storage building as wine making/tasting facility or a catering hall for special events. Despite the ambiguity in those applications, Shinn was permitted to expand the frame barn buildings in the rear of the property and improve the "agricultural storage building" with a shower, a deck and concrete patios, all with building permits granted by the Building Department based upon apparent misrepresentations of the intended use of the property. In addition, in 2007 the existing farm house was doubled in size and converted to a bed and breakfast operation, with the approval of the Town Zoning Board of Appeals. A review of the history of the aforementioned approvals given to Shinn confirms that the Town has repeatedly accommodated Shinn's proposed development with the express understanding that it was in furtherance of an agricultural use. Eventually, Shinn began using one of the agricultural buildings as a wine making and wine tasting facility and began advertising and using the site for special events such as wedding receptions accommodating large numbers (100 +) of guests on the site. Shinn has also advertised the ability to host wedding rehearsal dinners and breakfasts for wedding parties of up to 70 people, all to be catered on-site. (See attached item "D"). (Although the Department has raised no issue with respect to the Town's authority to regulate parking on the site, it is noteworthy that these events result in on street parking of countless cars by attendees which further intensities the use of this site. Photos illustrating the parking situation on site during the many events held at the Shinn site are attached as item"E".) As is made obvious by the above recited history of the site, Shinn has avoided a comprehensive review of the uses on site by applying for permits on a piecemeal basis and failing to disclose to the Town the intent to utilize the site for retail and commercial uses which cannot reasonably be viewed as bona fide agriculture. B. The conclusions made by the Department ignore the existence and impact of the multiple uses on the site. As stated in our prior letters of October 19, 20073and September 15, 20084, the Town does not take issue with the individual uses on the site in and of themselves. As stated previously, however, it is the character and aggregate intensity of the various 3 The October 19,2007 letter states on page 2:"specifically,the Shinn winery application involves a bed and breakfast use and farm winery operation with a tasting room open to the public at large on a 53,000 square foot parcel." The letter further states on page 3 "[a]s noted above, an additional consideration to this application is the intensity of use on the available 53,000 square foot site."(emphasis added) 4 The September 15,2008 letter states as follows: "In this particular case,the applicant is proposing a very intense use,on this 53.000 square foot parcel. ..° i z Danielle C. Cordier, Eb;;,: " l Page 3 July 31, 2009 uses on this modestly sized site (53,000 square foot/1.29 acres)that necessitates review and regulation To reiterate, the proposed uses on this site included a 4-room bed and breakfast adjacent to a single-family residence totaling 4,368 sq feet, a 2,730 sq foot wine storage facility, and a 1,646 sq foot wine making/tasting facility that is routinely used for large wedding receptions and private events. The Town is frustrated by the Department's failure to take a holistic view of the actual operation and the potential impacts it may have on the health, safety and welfare of our residents and visitors. Historically, the Town has insisted that winery/tasting facilities submit to and comply with the Town's site plan requirements. The Town maintains that, while some of the uses on the site may individually qualify as bona fide agricultural uses, the Department should not countenance Shinn's blatant attempt to utilize §305-a(1) of the Agriculture and Markets Law as a shield to circumvent the site plan requirements in our Town code. The uses on site cannot be evaluated in a vacuum and threats to public health and safety ignored in the name of "agricultural production" when the production and tasting of wine is but one of several actual uses Shinn makes of the site. The Town would urge the Department to recognize that when an owner of an agricultural storage building converts it to a public entertainment facility, all of the existing uses on site must be considered collectively through the site plan approval process so that the Town can insure that requisite improvements are made that protect the public health and safety. Each of the Department's contentions, as set forth in your letter of June 1, that certain of the Town's procedures and requirements, as applied to the Shinn Vineyard operation, are unreasonably restrictive of agriculture, are addressed, seriatim, below. 1. Streamlined Site Plan Review. Without consideration for the stated purpose and legislative intent of the Town's site plan legislation, the Department has taken the position that Shinn should only be subject to the streamlined site plan process described in the Department's Guideline for Review of Local Zoning and Planning Laws because Shinn is not constructing "new structures" on site, but is simply legalizing the wine tasting facility, that holds and caters weddings. As previously explained, Shinn was permitted to alter and repair the three main agricultural buildings on the site (that are now used as a wine storage barn and a wine making/wine tasting building) without site plan approval because it represented to the Town that it was making alterations and repairs to existing agricultural storage buildings. Shinn did not disclose to the Town that it would be changing the use of one of its buildings from an agricultural storage building to a wine tasting room. As previously set forth in our October 19, 2007 letter, the Town does provide accommodations for 5 It is also noted that the Shinn operation does not comply with the bulk schedule minimum lot size regulation that requires 80,000 sf. ft. of lot area per use on land within the Agricultural Conservation (AC) district. As there are at least two distinct uses on the site (single-family residence/bed and breakfast and wine tasting facility/catering hall),the site is required to have 160,000 sq.ft. , 1 Danielle C. Cordier, E_, Page 4 July 31, 2009 agricultural site plan reviews, however the Town has determined that such accommodations should not be applied to retail winery operations where the public at large is routinely invited onto the property for special events such as wedding receptions.' Moreover, the Town does not believe that a streamlined site plan review is mandated in this instance by the Department's Guidelines for Review of Local Laws Affecting Direct Farm Marketing Activities. Those guidelines indicate that the special events held at wineries may be part of a farm operation under certain conditions, to wit, that the sales of the farm's wine at such events, on an annual basis, exceed the fees charged for the facility rental. This guideline presumably acknowledges that wineries will host events to showcase their wines with the primary intent of selling the farm's wine. With respect to Shinn, it is arguable that if the Department includes in its calculation of fees charged for facility rental the income generated from providing rooms for guests of such events at the onsite bed and breakfast as well as the income from catering the event, rehearsal dinners and breakfasts for the guests, that sum would far exceed the revenue Shinn generates from the sale of its wines. The Department's suggestion that a streamlined site plan is appropriate is devoid of any reference to this analysis and the Town is not aware that Shinn has provided any revenue data upon which the Department could base a determination that, under the foregoing guidelines, Shinn is a bona fide farm operation. Additionally, the necessity of adhering to the Town's site plan review process is underscored by the existence of the single-family residence and bed and breakfast on site. As mentioned previously, while. each use, by itself, may not implicate site plan approval, it would be inappropriate for the Town to evaluate the site, as Shinn has suggested, in a segmented, piecemeal fashion. Shinn has chosen to convert a traditional winery operation to a special event destination and, as such, the Town retains its position that Shinn be required to complete the site plan review as provided in Town Code Article XXIV. 2. The Town Code provisions requiring screening, the submission of drainage calculations and that internal roads meet Town hinhway standards are not unreasonably restrictive. The Department has suggested that Town Code provisions that require screening, the submission of drainage calculations and that internal roads meet Town highway standards, when applied to the Shinn Vineyard site, are unreasonably restrictive in violation of the Agriculture and Markets Law. The Town respectfully submits that this position is incorrect and premature. ' Our October 19, 2007 letter sets forth the Town's reasoning for not making accommodations to retail winery operations:"The review of retail winery facilities in the Town of Southold should be taken in its proper context. It Is estimated that over one million visitors enjoyed the East End wineries in 2006. As public transportation is not typical,these visitors come to Southold by car,private coach bus and limousine. It has been the long-standing practice of the Town to require site plan review on wineries to ensure adequate Parking,drainage,traffic flow,lighting,public utilities and handicapped access' A 1 J � Danielle C. Cordier, E1.::,. Page July 31, 2009 Shinn submitted its site plan application on August 11, 2006 to legalize the winery/tasting room after-it was notified that the change of use of an agricultural storage building to a wine tasting room without site plan approval was a violation-of the Town Code. After an initial review, the Planning Board office, by letter dated October 27, 2006, requested that Shinn supply additional information and changes to its site plan including drainage calculations, modification of internal roads to meet Town highway standards and the provision of screening along a property line. A copy of this letter is attached as item "F". Shinn failed to supply any of the requested additional information or respond to the Planning Board's request. Instead, Shinn sought the Department's opinion regarding whether the Town's site plan requirements were unreasonably restrictive. The Department began its review and the Planning Board took no further action on the application and as such, had no opportunity to evaluate the issues of drainage, screening and road width. a. Drainage The Department has taken the position that the Town's request that Shinn "indicate the location of all drainage including calculations on the revised site plan" is unreasonably restrictive to the agricultural use of the property. Curiously, the Department acknowledges that drainage calculations can be obtained and submitted by Shinn for free but nevertheless state that the requirement that"drainage calculations be submitted is unreasonably restrictive. That conclusion is seemingly based on the Department's analysis of information provided by Shinn that was never supplied to the Town. The Department also erroneously suggests that the Town request was unreasonable because the Town did not demonstrate that there is a stormwater runoff` issue on site. Setting aside the obvious fact that it is not the Town's burden to establish the existence of any condition on a site, it is entirely inappropriate and premature for the Department to opine that the requirement is unreasonable as applied to the site, when the Planning Board has not had the opportunity to review the information provided to the Department. It is quite possible that the Planning Board, if given the opportunity, would come to the same conclusion as the Department. Arguably, the fact that the Department has been given information by Shinn regarding drainage on the site and the fact that Shinn has installed drainage improvements on site is an acknowledgment that such a request is not only reasonable, but necessary_for the Planning Board to make its determination. Here, the Planning Board should have had the ability to assess the drainage provided on the site, prior to the Department's intervention. Upon the Planning Board's assessment of the drainage issues, if any, the Department's intervention would be warranted if, and only if, the Board's applicatfon of the code was unreasonably restrictive (Le, the Planning Board requiring that Shinn install additional drainage measures at great cost to the Shinn). In summary, as the Town's Planning Board did not have the opportunity to apply the Town Code with respect to the drainage on-site, it is without question that the Code, on its face, is not unreasonably restrictive. Danielle C. Cordier, EL, -.,' - Page 6 July 31, 2009 b. Screening In the Department's letter of June 1, 2009, the Department acknowledged that screening is a reasonable requirement of the Code where it is warranted by special local conditions or to address a threat to the public health or safety. The Department also noted that the adjacent land use to the Shinn property is a potato farm with a-large barn, and farm worker housing. The screening requirements, as applied in this instance, were requested to protect the customers of the Shinn operation and to enhance the aesthetics of the site for the advantage of the public at large that visits the site on a regular basis, most notably patrons of the wine tasting room, guests of special events and the bed and breakfast. Such screening will prevent future complaints from the Shinn property against the adjacent potato farm. Upon information and belief, Shinn has already provided screening on a substantial portion of the site that is adjacent to the potato farm, thus implicitly acknowledging that the screening requirements of the code are warranted and are not unreasonably restrictive. Again, Shinn has provided no information to the Town indicating that the landscaping buffer requirement is unreasonable or made any suggestions as to how to meet this objective in a different manner. In turn, the Town has not had the opportunity to evaluate the issue in its entirety, nor has it had the opportunity to consider a waiver of this requirement or to apply our Code. The Department, without conducting a proper review, including (1) an analysis of the cost of such landscaping; (2) whether the requirement will cause a lengthy delay in the construction of a farm building and or implementation of a practice; (3) whether the requirement adversely affects Shinn's ability to manage the farm operation effectively and efficiently; (4) whether the requirement restricts production options that affect the viability of the farm; and (5) the availability of less onerous means to achieve the Town's objective has simply, and without any justification, concluded that such a requirement is unreasonably restrictive of the Shinn operation. Based on the information provided, the Town must respectfully reject this conclusion. Until such time that the Town has the opportunity to review the adequacy of the existing screening on site, and(or consideration of a proper request by Shinn to waive said requirements, the Town will retain the position that the Code is not unreasonably restrictive and that the conclusions of the Department are unsubstantiated and premature. C. Interior Roads As with the drainage and screening issues, the Department has concluded that the Town's request that all interior roads be a width of 15 feet is unreasonably restrictive in complete reliance on statements made by Shinn indicating the following: 1. That the current road is sufficient for the Shinn operation 2. That the internal roads have handled traffic safely for several years Danielle C. Cordier, E:.,,. Page 7 July 31, 2009 3. That Shinn cannot widen the road because it has sold the development rights of the adjacent property (where the vines are located)and cannot place the road thereon. If the Shinn operation solely consisted of agricultural storage buildings and the 4 room bed and breakfast, the Town would have much greater flexibility with this requirement. However, the Town has provided the Department with a letter from the Mattituck Fire District requesting that the roads be widened for proper emergency access and has provided the Department with additional information on the Shinn operation that illustrates the necessity of having proper emergency access on the site. For example, the Town has sent the Department tent permits granted to Shinn for special events with over 100 attendees on the rear of the site (behind and/or within the wine tasting facility). Furthermore, the wine tasting facility located at the rear of the site itself invites the public at large onto the property on a regular basis. Therefore the site must have proper access for emergency vehicles in the event of a fire or a medical emergency. In light of the information provided to the Department regarding the nature of the Shinn operation, it is completely inappropriate for the Department to rely solely on statements made by Shinn and to ignore the public health and safety risks should the Town fail to require the internal roads to be 15 feet wide. While the Town is willing to work with Shinn to ensure that there is proper emergency access to the site, the Town does not concede that the requirement is unreasonably restrictive and in violation of the Agriculture and Markets Law. Given the long agricultural history and importance of agriculture in the Town, the Town will always strive to accommodate agricultural operations if health and safety concerns can be satisfied. In this instance, the Shinn operation goes far beyond a traditional-agricultural operation. Nevertheless, should Shinn provide proper emergency access to the entire site and proper circulation for emergency vehicles to the satisfaction of the Town, most notably the areas where members of the public at large visit regularly, the Town may consider relaxing this requirement. Since Shinn has not provided such information, but has instead taken the position that the restriction is unreasonable, the.Town has not been given the opportunity to consider possible alternatives that may work on the site. Based on the foregoing, the Town respectfully disagrees with the conclusions set forth in the Department's letter of June 1, 2009. The Town maintains that, based on the intensity and variety of uses in existence on the subject property, and the Town's standing policy to require site plan review of such uses to insure the health and safety of our residents and visitors, the procedures and requirements set forth in our Town Code are in no way unreasonably restrictive as applied to the Shinn operation. It is noted that prior to selling the development rights to the Town, the Town suggested, given the number of buildings on the site In 2000,that Shinn reserve more than 1.2 acres for its future development. See item "G"attached hereto. However, Shinn consciously chose to sell the development rights on all but 1.2 acres and accepted valuable consideration for that sale. As such, Shinn should not be heard to use the substandard size of the reserved parcel as a justification for failing to comply with the Town Code. ' R Danielle C. Cordier,,Et„j: Page 8 July 31, 2009 We remain available to discuss this matter with the Department in more detail. Please do not hesitate to contact me or Assistant Town Attorney, Jennifer Andaloro, with any questions. Ln ?Aftorney urs,negan MDF/lk Enclosures cc: Hon. Scott A. Russell, Supervisor(w/encis.) Members of the Town Board (w/encls.) Members of the Planning Board (w/encls.)&-"" Ms. Elizabeth Neville, Town Clerk(w/encls.) Ms. Heather'Lanza, Planning Director(w/encis.) EXHIBIT B [ _- _ ', ':- TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE STREET } DIST SUB LOT q I ACR. REMARKS L�f ",g TYPE f oib OF BLD.loi lijoww 6fild)(Ili -Wlz't t� C;4� PROP. CLASS LAND IMP. TOTAL DATE 1 E - 151 q 17 1 f7 C(--,/n si- c,'11,p 1, 1 ivIrl, I ficsle) -7 J6 24 00 -74�,avv 2-1( 0 00 J / S, Oka e)P� 3?-p I Lf ac-�es 4 -7C 20 v -7 FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT 7;f- TOTAL b$e� EXHIBIT C TOWN OF SOUTHOLD PROPERTY RECORD CAR® OWNER STREET VILLAGE ' DIST. SUB. LOT , on 012 FORMER OWNER E ACR. S W TYPE OF BUILDING RES. b SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 3 7F O O U O ?/ !�! C.� S �e .rf" ma's l�L..:a✓v,.-x....s'�1 '�✓trG.^. G'v.wr+_ l/� -J 6 SrCJ .Z G D �35 O-0 1 D v 7 / 6 .2 q o- L I I-290 5c4- 900 J aorp AGE BUILDING OND�TION Gjf �� , � 4b 13 4� — ,ne(�G�r NEW NORMAL 1 LOW' ABOVE FARMgb� Acre 'W Value Per Value Tillable 1 Tillable 2 Tillable 3 Woodland c� Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROADS Z House Plot � 5 DEPTH .� BULKHEAD Total DOCK EXHIBIT D -• , �0�� OFFICE USE ONLY j11739774,9* - whlslrPevt rz2/t 3 � Q Original 0 Amended Date LICENSE Z9 APPLICATION FOR ALCOHOLIC BEVERAGE CONTROL WHOLESALE LICENSE It is not necessary to employany person,agency or organization to assist you in filing this application. Beware of persons claiming to be able to assist you in securing action on your application.The payment ofmoneyor other thing of value for the use ofinfluence,orpromise ofinfluence in obtaining a license is a violation oflow and offenders will be prosecuted R E �,/ 1.APPLICANT ED Name of Applicant: Southold Farm and Cellar,Inc. OCT - 12013 Trade Name(DBA)-(see instructions) LU EN8ING t3Y„�,.,,.,�... '•mustbe provided if premises will becalled Southold Farm+Cellar by any name other than as listed in the 'Name ofApplicant" Premises Street Address 860 Old North Rd City Southold State- NY Zip Code 11971 County Suffolk Telephone Number of Premises(include area code) (917)400-0014 Mailing Address(if different than above). City. State* Zip Code- E-mail address(if available): 2.CONTACT(if different than applicant) Name of Contact: Regan Meador O Attorney Representative O Contact Person Office Address: 860 Old North Rd City. Southold State: NY Zip Code 11971 Telephone Number of Office(include area code) 917-400-0014 E-mail address(if available): rm@southoldfarmandcellar.com 3.LICENSE TYPE: FW CODE: 302 SEP 2 7 2013 (see schedule of fees) 4.TOTAL PAYMENT DUE: 525 Albany,14 Wnft Bureau 5.Federal Tax ID#: � 6. Certificate of Authority Permit#(required only if the license allows for retail privileges) 7.Are there any local option restrictions in this area(DRY,PARTIALLY DRYS? O YES (Answer required only if the license allows for retail privileges) &NO If YES,explain: 0 DO NOT KNOW continued on next page (OFFICE USE ONLY] DATE FILED: Q I�I13 SERIAL#: )a-7 77 Page 1 Print Form 161�'169 4 I• 4 OFFICE USE ONLY • - whlslrre`v1/22/13 O Original O Amended Date 29 8.TO BE FILLED IN ONLY BY SOLE PROPRIETOR OR PARTNERS(attach additional sheets if necessary) Name of Individual/Partner Residence Social Security Date of Birth J Name of Individual/Partner Residence Social Security Date of Birth Name of Individual/Partner Residence Social Security Date of Birth Name of Individual/Partner Residence Social Security Date of Birth 9.TO BE FILLED IN ONLY BY CORPORATION OR LLC/LLP APPLICANTS(attach additional sheets if necessary) List the names and address or Principals(Stockholders,Officers,Directors,LLC Members/Managers,LLP Partners) Name of Principal Residence Social Security# Regan Meador Title No of Shares if Corporation or %of ownership if LLC or Partnership Date of Birth President 33 S Name of Principal Residence Social Security# Carey Meador Title No.of Shares if Corporation or %of ownership if LLC or Partnership Date of Birth Shareholder 33.S Name of Principal Residence Social Security#. Stephen O'Connor 1 Title No.of Shares if Corporation or %of ownership if LLC or Partnership Date of Birth Vice President 16.5 Name of Principal Residence Social Security#- Carol O'Connor Title No.of Shares if Corporation or %of ownership if LLC or Partnership Date of Birth Shareholder 16 S 9a.TO BE FILLED IN ONLY BY CORPORATION OR LLC/LLP APPLICANTS (1)State under what law applicant was organized: New York (2)Date of organization 7/6/2012 Albany,ii t Llcerts{ng Bureau (3)If applicant is a foreign corporation,has a Certificate of Authority been obtained to do business in this state? Q YES O NO (3a)If yes,date of Certificate of Authority. (4)Name of principal place of buslness: Southold,NY (S)Address of principal place of business B60 Old North Rd Southold,NY 11971 Page 2 MP,rint Form p OFFICE USE ONLY $ whlsle-rev)/22/)3 O Original O Amended Date 174 1�73777 RIGHT TO PREMISES 1.RIGHT TO PREMISES / �0 �j� a. By what right does the applicant have possession of the premises? �1 0 Own O Lease O Sub-Lease O Binding contract to acquire real property O Written intent to Lease O Other(explain)- b. Do the terms of the lease or other arrangement require the applicant to provide any O YES ONO consideration based on a percentage of the receipts of the business? If YES,list the section/page of the lease this information can be found 2.INTERESTED PARTIES a, Is there currently a license to traffic in alcoholic beverages in effect for the premises for which this application is filed? O YES 0 NO ODo Not Know b. Name of current/previous licensee License Serial Number. c. Are there any disciplinary actions pending against the applicant,current licensee,or prior licensee? OYES Qi NO QDo Not Know Any pending disciplinary action may prevent a determination on this application or result in the disapproval of the application with or without prejudice. d Does anyone other than the applicant/principals share or will share on a percentage basis or in any way in the receipts, losses or deficiencies of the business to any extent whatsoever O YES Q NO If YES,state the names and address of such persons,the nature and percent of their share and date acquired. Name Address Nature of interest Date Acquired Name Address Nature of interest Date Acquired Name Address Nature of interest Date Acquired Name Address Nature of interest Date Acquired i i RECEPIED NY State Llauor AuMorfty SEP 2 7 2013 Albany,NY Lfwnft Bureau Page 3 �P,'r1 Form I t_ 4 OFFICE USE ONLY whlsle•rev122/13 O Original O Amended Date �? q 77 48 LANDLORD IDENTIFICATION INFORMATION 1 Name of Landlord(as appears on lease and deed). Regan and Carey Meador Landlord Mailing Address: 860Old North Rd City. Southold State: NY Zip Code 11971 Phone Number(include area code): 917-400-0014 2 Landlord Principals Name Address I I [ Name Address Name Address Name Address 3(a) Are any persons listed on this form currently or previously O YES Q NO licensed under the ABC Law? 3(b) If YES,list the names and license numbers. 4(a) Are any persons listed on this form police officers: O YES Qi NO 4(b). If YES,list the names: 5 List number of years real property has been owned by landlord- Page 4 T3151 1 , 1 IA73971 This is to certify that I Carey Meador,Shareholder own the property located at 860 Old North Road Southold, NY 11971 and are authorizing the use of the property to Southold Farm and Cellar/Regan Meador for the purpose of conducting wine premises operations. N iMCAuoR CAHI 'dl 1 •• : • ' gel { OFFICE USE ONLY wtsle•revt/22M Q Original Q Amended Date /A7yj l•41' 56 � t PREMISES QUESTIONNAIRE i 7: Describe the area where the premises is•to be located: Residential OBusiness OShopping Mall 1 a.State what the area is zoned for: agricultural (Ia.Residential,Business,Mixed) 2. Premises ' 20WO'bam with second floor storage.The first floor will be j Describe in detail the buildings)In which the made up of a concrete floor and wilfhave'a small area(8x8) a;premises will be located and list the number of floors walled off for retail stand.The remainder of the space will be iri the building. used for production and storage.There will be only one locked (le:Fntirebuilding,ofcespace-includesuitenumber)doortoaccess property from.outsidearid one doorto'accesss ' retail section. j b.Has the building/premises been known by any other address? OYES Oi NO If YES.please specify: c. Has the premises to be licensed and/or anyother floot iri the building been OYES ONO previously)icgnsed or currently licensed to traffic in alcoholic beverages? d. What was prior use of premises to be licensed? e. Does the proposed location of the business comply with all state and local regulations and zoning codes? •OYES ONO j f• Is there interior access to any other floor(s)that will not be part of the licensed premise's?. Q YES NO If YES,listfloor(s)s and means of access to each floor(s). (ie:stairs,elevator,etc,-must be shown bn diagram) List use of floor(s). (ie:apartments,offices,etc.) j g. Does any other person have access to this area? OYES OQ NO h. If applying for a Farm Winery License,the premises must be located on a farm. In the box below,provide a detailed description of the premises and location of the vineyard in relation to the production site and location of a restaurant on or adjacentto the premises.(Unless applying fora Farm Udinerylkensp,youmustapplyfbr aseparate license ifyou have a iestauront for on premises consumption an oradjacentto the premises to be likened.)(Provide additional sheets If necessary.) Premises is located on a 1 acre parcel adjacent to our 22.7 acre vineyard and farm.The property is connected on 2 sides to e east and south.Our faim Is currentlyunder production with 10 acres of grapes and will continue to expand into more grape varieties,vegetables and other fruits in the near future. 4 I continu , on nextpage Page 7 Print•Form ., 4.. ._ l i OFFICE USE ONLY �hfe revl/22/13 Q Original 0 Amended Date /273977 56 PROPOSED METHOD OF OPERATION All applicants fora license to sell alcoholic beverages must complete this Section 1 Select the type of wholesale license you are applying for from the list below(based upon your intended method of operation)- Q Alternating Propietorship/Brewer(AB 101) R C OM V E D O Brewer(D 101) O Farm Brewer(FD 106) Q C T — 12013 O Cider Producer/Wholesaler(CD 304) (i)Farm Winery/Special Farm Winery(FWI:i ISING BY ' QCider Wholesaler(Beer Wholesaler)(BC 104) 0Micro Brewer (MI 101) O Distiller Class A(DA 201) QMicro Winery(MW 307) p Distiller Class A-1 (DA 206) "• QWholesale Beer(C 103) (Beverage Center) O Distiller Class B(DB 202) Q Wholesale Beer (CO 105) O Distiller Class 8-1 (DB 205) Q Wholesale Liquor (LL 203) O Distiller Class C(DC 204) Q Wholesale Wine(WW 303) O Distiller Gass D(DO 207) OWinery/Speecial Winery(DW 301) 'Used by licensed Beer Wholesaler only. Complete the last page of the opplicat►on titled.Application for Certificate Authorizing the Sale o Cider bya Beer Wholesaler. "•You may only apply for this license type if you are purchasing an existing license- Please provide a detailed statement explaining your planned method of operation. Describe the production method you will use to make your product.Include the quantity you intend to produce annually and who you intend to sell your product to. YOU MUST SUPPLY A COPY OF THE FEDERAL BASIC PERMIT SHOWING THE APPROVED TYPE OF OPERATION. 2, Will any other business of any kind be conducted in said premises? O YES .@ NO (If YES,provide (details on a separate sheet) 3 How many employees�l0 I I I 3a If answer is"0"provide explanation. All work will initially be carried out by investors/owners. i 3b NYS Law requires businesses to carry workers'compensation and disability insurance (see instructions) Workeri Compensation Carrier Farm Family Casualty Insurance-3152G5284 Name and Policy Number, Disability Insurance Carrier Name Farm Family Casualty Insurance-315G5284 and Policy Number PLEASE CONTACT THE AUTHORITY AT 518-474-3114 OR VISIT OUR WEBSITE AT WWW.SLA.NY.GOV FOR INFORMATION REGARDING OTHER LICENSES OR PERMITS YOU MAY WANT OR NEED THAT COULD ALLOW ADDITIONAL PRIVILEGES. / Page 8 Print Form 7 ,f OFFICE USE ONLY 1"A73F77- whlsle-rev1/22/13 0 Original 0 Amended Date APPLICANT'S STATEMENT REC /ED I, [print name] Regan Meador LICENSING_ (the0 sole proprietor, 0 partner, .0 corporate principal or 0 LLC/LLP member ) of the applicant for an Alcoholic Beverage Control License understand that the State Liquor Authority will rely on each and every answer in.the application and accompanying documents in reaching its determination and state,under penalty of perjury,that all statements and representations therein are true to the best of my knowledge and Belief,and . state that the location and description of the premises to be licensed does not violate any requirement of the ABC law or other state or local ordinances;and understand that if any change occurs in the information provided to the Authority in the application,the licensee must notify the Authority by certified mail within 48 hours and if any change occurs after receipt of the license,the licensee must notify the Authority by certified mail within 10 days. understand that failure to give such notice may result in disapproval of the application or revocation or non-renewal of any license for which this application is submitted;and understand that the licensee will be bound,by the statements and representations made in the application,including,but not limited to the licensee's method of operation and the identity of persons with an ownership or financial interest in the licensed premises;*and:that all statements and representations made become conditions df the license;and understand that any physical alterations to;or changes to the size of the area used for the sale and consumption of alcoholic beverages,must be reported to the Authority and-may require the approval of the Authority;and I understand that the licensee must keep.the Authority advised of any change in the mailing addresses of the licensee,the licensee's principals,and the licensee's landlord. I understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in*the application may result in revocation of any license for which the application was submitted;and I understand that any false statement or misrepresentation will constitute cause for disapproval of the application or revocation or non-renewal of any license for which this application is submitted. • � ��2�/Zol3 Signa ur Date RECEIVE® NY State Houor Authority SEP 2.7 2013 Albany,NY LloemW Bureau Page 10 Print�Faorm W,W. 'r 4-A FARM WINERY LICENSE 4 014 EFFECTIVE DATE: 02/2OZ2014 SERIAL #z 1273977 EXPIRATION DATE. 01/31/2017 .COUNTY; SUFFOLK CERTIFICATE #: 834315 xc LS10 NOR I wllmff�M0 0 j THE LICENSEE DESIGNATED BELOW IS HEREBY GRANTED PERMISSION, UNDER THE ALCOHOLIC BEVERAGE CONTROL LAW TO TRAFFIC• IN ALCOHOLIC BEVERAGE PURSUANT To THE:TYPE OF LICENSE INDICATED IN THE UPPER LEFT HAND CORNER OF TRIS, CERTIFICATE AND ACCORDING TO THE STATUTES AND REGULATIONS PERTAINING THERETO. THIS LICENSE SHALL NOT BE TRANSFERABLE TO ANY OTHER PER-SON OR TO ANY OTHER PREMISES OR TO ANY OTHER Lu PART OF THE BUILDING CONTAINING SUCH LICENSED PREMISES IT SHALL NOT BE DEEMED A PROPERTY OR VESTED RIGHT AND MAY BE REVOKED AT ANYTIME PURSUANT TO LAW cc ..METHOD OF OPERATION FARM WINERY —WHOLESALER z & N. FILING FEE $0,00 SOUTHOLD FARM AND CELLAR INC LICENSE FEE $37SI-00 SOUTHOLD FARM + CELLAR 860 OLD NORTH RD SOUTHOLD NY 11971 Dennis Rosen LP Chairman I BEFORE COiAMENC ING OR DOING ANY-BUSINESS FOR THE TIME FOR WHICH THIS LICENSE HAS BEEN ISSUED,THE SAID LICENSE SHALL BE ENCLOSED IN A SUITABLE WOOD OR METAL FRAME,HAVING A CLEAR GLASS SPACE AND A SUBSTANTIAL WOOD OR METAL BACK SO THAT THE WHOLE OF SAID LICENSE MAY BE SEEN THEREIN,AND SHALL BE POSTED UP AND AT ALL TIMES DISPLAYED IN A CONSPICUOUS PLACE IN THE RODM WHERE SUCH BUSINESS IS CARRIED ON,SO THAT ALLPERSONS VISITING SUCH PLACE MAY READILY SEE THE SAME, X \eLA FORM 1MM G83431-5 Certificate No. . . ....it a 'aa INIA FOLD AND TEAR HERE Ia73171. OEPARV4M OF THE TREASURY 1.PERMIT MM _ ALCOHOLANDTOi9A=TAXANDT1RADE BUREAU NY-M5286 BASK PERMIT 2.DATEOFP13RMIT i (Under Federal Alcohol AdministrathMACt) AN 0 g S.NAME ANDADDRESSOFPERMITTEE(NwnberandsdreiA ftortown. andZipCode)' 3.RE61STRYNU[YIBEROfap191cable) SOUTHOL.D FARM AND CELLAR,INC. BWN-NY-15299 860 OLD NORTH ROAD I SOUTHOLD.NY 11971-MM 4.DATE OF APPUCATION FeWuary 10.2013 6.TRADE NAMES AUTHORIZED BY TMS PERMIT(rrade new appumral does not cwm0 ute OPPOVIII as a ward creme for labdim purposes.it needed,ra an revelsear we oonfinua ibn ssheef.) •Used t�Corrtrasi t a Pacicagfngreranding • 7.PERIIf9rditni f b FOR(ONE TYPE OFOPm-ncN ONLY) Pias>raMto rise applsador of thedala Indiratad in Poem 4,you areatffab ed aml wr aitted to NOMA WOW above address,if, business OF. a. MEW Soft_ Q dIMN a rec66er(pnooessod Q El wM en and bottler andvrtalesoeaga"tosel.afferordeliverMrssftsonhdtosselorshlp,lnbderataEeorftvipeonnnom .thedretilerfq*bsodistiledorrrcilBed,or warehorised aad ix>Ned,or the vrirres so rr , b.®bone. produsarand 0 htes>derandwhlesoeagaged,to se(I,d[erordelnerforsate,contraeltoseH>lraNp,Inintersta�arfosesgss c mmemELthewinesopmducederblmrtled, lntporfer-imposbiasghdollselhdtad'StaaftfigbMn 49whc6cWmagm and vd&sroengaged,tosd4ufrertodeliverforsate,contractto sell Orskip.in Interstate arfbrdocommerce,the aleohanc beverages So bVdrtK d. Ljwozesater-Pumwng for resale atwhalesseleUmfoflowdrgatcohaUbr-eralin and whussoergaged,toreoelvaertoeel.otferordetmforsale,00ntrasxtosseporWghinkffirstateortaselgne mmeme,theatwholcbeverages 30 pumbased. . This Peen it is cbnditiioned upon your compliance with the Federal Alcohol Administration Ad;the Tweed ist Amendment and Im,relating to Its emWeement;all other Federal laws relating to distilled spirits,wine,and mall beverages. including taxes with respect to them;the Federal Water Pnlullm Control Act and,all applicable regulations made pursuant to law which are now,ar may heceaiter be,In force. This basic permit Is effective from the date shown above and vnll remain in force until suspMded,revolted,annulled,voluntarily sunandered,or automatically lemdnaled. THIS PERMIT WILL AUIDMATICALLY TERMINATE 7HlRTY DAYS AFTER ANY CHANGE IN PROPRIETORSHIP OR CONTROL OF THE BUSINESS,unless an agplreatbrl bra now basic permit Is made by the tranaferes or permiftee within the thirty day pedbd.if an application fora new basic permit is timely filed the outstanding be*permit will continue in effect until the application Is acted on by the Director, Alcohol ang Tobacco Tax and Trade Bureau. THIS PERMIT IS NOT TRANSFERABLE.ANY CHANGE IN THE TRADE NAME,CORPORATE NAME.MANAGEMENT OR ADDRESS OF THE,BUSINESS COVERED BY THIS PERMIT,OR ANY CHANGE IN STOCK OIMNERSHIP(MORE THAN 10%)MUST BE REPORTED TO THEIMTIONAL REVENUE CEN1ER OR PUERTO RICO OPERATIONS OFFICE WITHOUT FLAY. THIS IS AN QvjrAN 4L PERw a AMENDED PERMIT , • REASON FOR AMENDMENT DATEOFAMENDMENT SIGNATURE ANDTiTLE OF AUTHORIZED TrooFFICtAL c FOR JOHN J.MANFREDA,ADMINISTRATOR TTB F 5170.2 { EXHIBIT E Co Jonathan Cohen (-c"7.-jdcohen5) • Instagram photos and videos Page 2 of 5 •dcohen5 FOLLOW Southold Farm +Cellar • �_�S:c�y:� '�'�t�''��� `�Fca•�" �, �"� `� ��'_�c•st� �.s �:ra-'�_ r;"'' _.."V,i�.�'�i•�l y,k �:?S +ti�'�''•�i •a_, i',y �'�..�;+.:��D � -��d ��'.'�. `f �?f "-�:3.��"�� �'.h�'��"s�'. � v '",.o .'�'sz' � e.,ai: prr s 't'c«.`�'as w. r;.,r• L�5'y - a"�r`r�"':r :`'�'-�"fit. w �y}r'� i^. ..;u- �' �Z-���`•(f � 't„`i,a^`'' �3� ��'� i a`.t•�f's£ '' s'�` xr-' ��&F`' y'W'"�A �µ - f 2i•� �4i` £��i 1 ,'-?. .R` ,'�sai _ �'�y�r (F, Pl'3�*'_?'��?�•-. rc'�t k':y.-t-r�`• '-�`�,-'ry - i 4 c:s. 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V https://www.instagram.com/pn4K-m3j3fY/?taken-by=jdcohen5 11/28/2015 EXHIBIT F 1 r ti ��e`� f�v`.^cam 1. yr{ey�I A.r � _ TZ. � � FFf Kj \.`x�� �1 'd�Yl^i,f`�� f ' - � '�4�� K2..J�{S �44 �M`rf� a�l � �1����4� ^d � 1 '.i.. +'a.. r "& "�' �'�y��'. +e S� ' ��� ���w't��V�'" p�..•wF v��i��4 ���`y,�` �,,�i�� �,Pt� '�*�iSY `.�tft� p,. y . H.�'n�� �' �Su{ 1 �.`,> ^.�.,�%1'` =K w � .ro ���'i^a .S.,.a�N.�.�.� `}���'F se"+.i '�" ��. �. 'YO In response to Appeal #6889 By Allison Latham Appeal #6861 By Carey & Regan Meador In response to Notice of Disapproval last dated October 27, 2015 (1) Object to Allison Latham's Appeal of the Amended Notice of Disapproval dated September 10, 2015. Latham does not have standing to appeal. Latham admits that she is 900 feet away from the premises. Latham is neither adjacent nor proximate for purposes of objections to the applications made by Southold Farm& Cellar farm winery. In land use matters especially,the Courts have long imposed the limitation that the plaintiff, for standing purposes,must show that it would suffer direct harm, injury that is in some way different from that of the public at large (see, e.g.,Matter of Mobil Oil Corp. v Syracuse Indus. Dev. Agency, 76 NY2d 428, supra; Matter of Sun-Brite Car Wash v Board of Zoning&Appeals, 69 NY2d, at 413, supra; Little Joseph Realty v Town of Babylon,41 NY2d 738, 741-742; Cord Meyer Dev. Co. v Bell Bay Drugs,20 NY2d 211,216,rearg denied 20 NY2d 970; Empire City Subway Co. v Broadway& Seventh Ave. R. R. Co., 87 Hun 279, 283, affd 159 NY 555; see also, Warth v Seldin, 422 US, at 499,supra). The Latham property is more than 900 feet away,their home is on a flag lot without direct frontage on Old North Road and her home is surrounded by agricultural uses which are in Agricultural District#1. A 400 sf wine tasting building has not harmed,nor will it harm,the Lathams. The Meador family lives on the property and runs the small winery from their home. In response to Allison Latham's Points: A. Ms.Latham claims that Lot 7 and Lot 8.3 have not been merged. Ms. Latham is wrong. In response to her claim,we have obtained an independent opinion from Advocate's Abstract which states that title to both parcels is held by Meador Land Company LLC. Meador Land Company LLC principals are Carey Meador and Regan Meador. The name of the winery is Southold Farm and Cellar which is owned by Carey and Regan Meador. The County of Suffolk will continue to maintain two tax map numbers for the combined parcel for real property taxation purposes of the sold development rights. B. Non-compliance with Town Code Section 280-13 (AO(4)(b)which states"the winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes,and which is owned by the winery owner' The purpose of merging the two parcels was to meet the language of 280-13 (A)(4)(b)which states "The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner". The winery owners are Mr. and Mrs.Meador. Meador Land Company LLC is a Limited Liability Company"owned"by Mr. and Mrs.Meador. Southold Farm& Cellar,the winery business, is owned by Mr. and Mrs. Meador. f n'"�lfrl f C. Bulk Schedule Area Requirements apply and acreage without development rights may not be utilized to satisfy same. AND Newest Notice of Disapproval in which the building inspector has been advised to address this issue in the notice of disapproval is contrary to the Town Code and to the past applications of the code. There is no basis in law or fact to the claim that development rights sold land can not be used to support Southold Farm and Cellar home, 400 sq.ft. tasting room and agricultural storage building used solely for wine processing and storage (no retail)on the reserve area. Such an interpretation would violate the New York State Constitution and stated public policies supporting agriculture. Agriculture is promoted by the Town throughout the zoning ordinance,the multiple existing land use studies,the proposed comprehensive plan, and the LVW all uniformly promote agriculture. The State of New York also promotes agriculture; agriculture is a protected use in the New York State Constitution. Such a restrictive application of the zoning ordinance would be a violation of New York State Agricultural and Markets Law. The Use on the 23 acres is"Agriculture"and all of the other listed operations are a subset of agriculture: A.Vineyard is the crop B. The farm house supports the farm family which grows and tends to the crop C. The barns enable the farm to store the grapes for fermentation(production)and equipment D. The 400 sq. ft. tasting shed allows the farmer to display, sell, and educate the customers The above are not"separate uses"they are all an integral part of the agricultural use and without these integrated functions the agricultural production on the parcel is placed in economic jeopardy. A small farm winery owner, like any small farmer, lives and works on the farm. The proposed processing building holds the vats for the fermentation process and other equipment stored in the barn. The 23 acres constitute the full spectrum of agricultural uses. Furthermore, the farm winery agricultural use including the ancillary buildings and uses is regulated by the New York State Farm Winery License. "Winery"is not a defined term precisely because it is subject to widely-varying descriptions of the use. The Southold Town Code makes no attempt to'define or describe what constitutes a "winery"at all leaving the use open to myriad interpretations. As Mr. Meador testified during his numerous public hearings,his winery is considered very small. The Town of Southold has, in the past, site planned the larger wineries with large facilities to support the marketing of the agro- tourism and an entertainment model. The land is very expensive and supporting the employees, the overhead costs,processing and production costs can be overwhelming. The cost-of production at large wineries necessitate the emphasis on an entertainment model. Southold Farm&Cellar, and other smaller wineries, focus strictly on the wine production not entertainment. The East End wines have developed regionally and have greatly improved in quality. The wines are able to compete nationally and internationally. At Southold Farm,& Cellar the wine drinking experience is primarily educational. The beauty of the location next to the vines and pastoral setting adds to the experience. The experience offered is the quiet enjoyment of the agricultural surroundings,not external sources such as pony rides or food vendors. In Town Code Section 280-13(A)(4)(b)the winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes. Any agriculture, and any uses which support the agricultural purposes, are considered meeting the acreage requirement. The code does not state that the 10 acres must be with full development rights in tact In our previous written submission, we provided several examples of wineries with 10 acres which were pieced together with development rights sold as well as full fee title parcels. The Latham appeal and the October 27`h, 2015 notice of disapproval would fall directly contrary to the opinion expressed by Robert Somers, director of New York State Agriculture and Markets, from the Sannino Appeal#6882 (herein attached). The Ag&Markets opinion states that all of the activities on a farm, including the homestead and farm structures support agriculture. These uses are not to be interpreted to be"separate" uses. The application of the"bulk schedule"requiring 2 acres per use would be considered an unreasonable restriction interfering with an agricultural use. NEW ISSUE: Notice of Disapproval Amended 10127115 At no time has any department in the Town of Southold applied the bulk schedule 80,000 sf. of property, where development rights intact, require 80,000 sf per use. Examples of Fineries on the "reserve areaf9 or non-development rights sold land which have not applied the bulk schedule on the intact development rights are as follows: Bedell Cellars Vineyards,36225 Main Road, Cutchogue: In 1986 49.3 acres of development rights were sold Area #1:2.61 acres reserved with winery, two story single family house, agricultural structures,greenhouse and barn for winery use. A Special Exception was granted for the winery use in 1986 Appeal#3451. In 2002: The existing winery was approved for an expansion (now a permitted use) and approved by Southold Town Planning Board In 2004 the Planning Board had approved an expansion and addition to the winery of 4,602 sf. This project was reduced by the owners of the winery for anew tasting room, larger tank room and crush pad which site plan was approved McCall Win eryg Peconic. On the Planning Board's 1112115 resolutions for public hearings.McCall has a pending application for a 17,100 sq ft. "Wine production and storage facility, including agricultural equipment storage on 1.8 acres (reserve area)on 1000-109-1-38" The reserve area being-used for the production building is attached to 35.8 acres of Development Rights sold land(1000-116-1-3.4) Also the Winery tasting building in the reserve area with less than I acre, with a single family dwelling, is located along Rt 25 and approved in 2011. Shinn Winery. Shinn purchased property in 1999, and sold development rights on all but 2 acres. In 2010 the Planning Board site planned for the winery, the single family residence with a B&B in the house (previously approved by ZBA), the production and storage building, and later a windmill D. History of the Lots is irrelevant. Throughout the Town of Southold farmers, including farm wineries,are purchasing parcels to increase wine production or for other purposes. The two parcels are"contiguous". Allison Latham's claim would violate Real Property Law. There is no prohibition on"combining contiguous parcels......in fact the Town of Southold has always preferred rejoining parcels rather than"subdividing parcels". At the last hearing the applicant submitted the analysis of an area variance;however,no Variances are required: Area Variance for Barn: The proposed barn located at 60' from Old North Road(a non-major road) is not for general public access. The barn is strictly for wine production,processing, storage and farm equipment storage. The proposed barn does not change the character of the area. Mr. Meador has taken photographs of barns within the neighborhood. (See attached photographs of the barns in the neighborhood) The required variance, if denied,would result in an unreasonable restriction of an this agricultural use. The 100' setback discriminates and unequally treats agricultural uses. Merely because the barn is used for storage and processing by the "winery", it must be set back 100' from the road. This proposed barn is not for the public, it is for pure agricultural production and stores the processing vats for fermentation, as well as storage. If the barn were being constructed for any other agricultural use, other than wine production,the setbacks required would be at most 60' (the setback of a"principal structure")which setback can be met. Finally,the buildings will require site plan review as would any farm. However, due to the limited access of the public to only the 400 sq.ft. "Tasting building",the site plan review should be that of an"agricultural site plan". Site plan review for a 400 sq.ft. "Tasting" building must be reasonable and take into consideration the scale of this winery. To do otherwise would violate Agriculture& Markets Law. A barn used for wine production, processing and storage should not be penalized through a bureaucratic maze merely because it falls within some pre-conceived,one size fits all definition of 66winerry"which, as pointed out above,is not found in the Town Code. Planning Board Comments: As to the Planning Board's comments,they are not based on the facts of this application. 1. There is no traffic problem on Old North Road. One neighbor who rides her bike daily on the road corroborated this fact. The Town of Southold Highway Superintendent has made no recommendations to make any changes to Old North Road. For the sake of argument,if Old North Road was a dangerous road,the Town of Southold would have a duty to address safety issues. Generalized safety issues do not fall on one property owner to resolve. 2. Site planning is for a 400 square foot seasonal tasting building in the rear of the property. The parking regulations require 2 spaces. The family runs the farm and their vehicles are at their home. The applicant has offered 5 times the required number of spaces. 10 spaces exceeds their current or future needs. 3. Old North Road, while not a"major road", is not a"narrow local street", the road is 50 feet in width. 4. The"usual winery traffic"allegedly including limousines and buses, is not applicable at this site. Southold Farm& Cellar is specifically on a list of wineries which do not accept either limousines or buses.2 4. Incompatibility with the neighborhood. The applicant lives on the property with their two infant children. Their home is on the east side of the 400 sq.ft. tasting building. The neighbor on the west supports the application and testified at the hearing. This house was one of the original farm houses (Dickerson Home). 5. A Reasonable condition which is applicable to the 60' front yard variance for the barn,while un-necessary,would be acceptable. A. "No wine tasting in the barn" (the subject of this variance), as suggested by Planning Board, 1 The responses below track the numbered or lettered comments given in the Planning Board memo to this Board. 2 At the Shinn farm winery,the Planning Board imposed a condition on the site plan approval prohibiting the parking of busses and limousines on the site. is already,by their application an implied condition of the variance. The variance is for a barn used for wine processing, production and storage and not for public access, wine tasting or retail sales. Further restrictions on the winery use are beyond the scope of the Board's authority. A winery is regulated under State Law. All other recommended conditions have no relationship to the requested variance. B. Special Events would be reviewed, and up to this Board, if an application is made. C. Outdoor music or other entertainment would have to abide by noise ordinance. SF&C has not had outdoor entertainment,however, if a radio is playing or a musical instrument is being played outside we do not want issues with the Town. Again, this condition has no relationship to this application for a processing,production and storage barn. D. "Hours of operation"exceed the scope of the Town's authority. Hours of operation are regulated by State Law. E. Parking is proposed in the proposed spaces If the owners have a private party this is their home. F. "30 minute& size of tasting limit" is beyond the scope of the Town's authority. This is regulated by State Law. 1. 1000-51.-3-5 - One Woman Vineyards, winemaking facility is located 60 feet from Old North Rd s i ■ MMw 'i 40 I^��I �.1 2. 1000-55.-2-9.4 - Two agriculture barns (1) 2600 square feet, (2) 1400 square feet, both 40 feet from Youngs Ave. 3. 111 • Bahavna Berries11 square footbuilding - 41 feet • Hortons fie- � • • •�~ oy `�, •�� ' ,� y , l T f � 'A :M 1� R 60o to ` .ii 1..~• ... K BOARD MEMBERS ®F $®(/�, Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer A Town Annex/First Floor,Capital One Bank George Horning �o a® 54375 Main Road(at Youngs Avenue) Kenneth Schneider l�c®um,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 MEMO Date: August 7, 2015 To: Planning Board Re: Southold Farm+Cellar ZBA File#6861 The Zoning Board is requesting updated comments on the above noted application. The Notice of Disapproval was revised, see attached. BOARD MEMBERS f�F SO Southold Town Hall Leslie Kanes Weisman,Chairperson ® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes 4-a Office Location: Gerard P.Goehringer r Town Annex/First Floor,Capital One Bank George Horning "�� 7 54375 Main Road (at Youngs Avenue) Kenneth Schneider � �'[j���g� Southold,NY ]]971 http://southoldtown.northfork.iiet ZONING BOARD OF APPEALS TOWN OF S011_TTHOLD Tel.(631) 765-1809® Fax (631)765-9064 MEIJMO Date: August 7, 2015 To: Chris Baiz, Chairman AG Advisory Committee Re: Southold harm+ Cellar ZBA FKe #68�61 Attached is the application for varianc a 60 Old North Road Southold. Owner is Regan Meador. The Zoning Board members are requesting comments regarding the variances requested. Thank you BOARD MEMBERS ®F $®(�T Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road® P.O.Box 1179 �® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �0 ® �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'�C®UNTI Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 MEMO Date: August 7, 2015 To: Melissa Spiro, Land Preservation Re: Southold Farm+ Cellar (ZBA File#6861) The Zoning Board members are requesting comments on the above application. Attached are the notice of disapproval and a copy of the application. Thank you BOARD MEMBERS OF sour Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 h0 l0 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �� Yo 54375 Main Road(at Youngs Avenue) Kenneth Schneider couffmta`� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS 1 TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 March 21', 2016 Regan Meador Southold Farm + Cellar, Inc. 860 Old North Road Southold, NY 11971 Re: ZBA File#6861 Dear Mr: Meador: Enclosed is a copy of the Zoning Board's March 17, 2016 determination filed today with the Town Clerk regarding your application. Sincerely v V•� f Vicki Toth Encl. CC: Building Department Toth, Vicki From: Thomas Treacy <ttreacy@gmail.com> Sent: Tuesday, August 11, 2015 9:10 AM To: Toth, Vicki Subject: In Support of Southold Farm + Cell VIA ar Chairperson Weisman, I write to you in support of Regan & Carey Meador and Southold Farm+ Cellar. As I was unable to attend last week's ZBA hearing due to travel, I have included my thoughts in this email. Many thanks for your consideration. I hope you're having a great week. Best, Tom Treacy 145 Mill Creek Drive Southold,NY I grew up in a close-knit neighborhood in a small town on Long Island. Our neighbors were our friends.Families grew up with other families. Lives were tightly interwoven like the threads of a durable fabric. The town survived and thrived,together. My parents raised three happy kids in the same house where they have both now lived for over 30 years.My two best friends each lived a mile away.Mrs.Bayer lives next door and cut my hair in her basement. She also cut my grandmother's hair.I tasted my first Bluepoint oyster,just hours out of the bay, in her backyard.Mr. Capewell lives across the street and would let us cut through his backyard to the field behind his house. Cape was our electrician and was also the first person to visit me in the hospital when I was diagnosed with diabetes at the age of nine.Tom Haarstick lives around the corner and splits a cord of firewood with my parents every winter. He has found the solution to every HVAC problem our house has ever had.Nancy Haarstick is my mom's best friend and works at Town Hall. She and Tom were high school sweethearts and have also lived on our block for three decades.Bea lives down the street and has lived in town her whole life.Her dad once met Teddy Roosevelt. She just celebrated her 100 birthday. We rented VHS tapes from Pine Hollow video. We ordered pizza from Gallery and then from Mario's after Gallery closed.As kids, we took the bus to school in the fall, shoveled driveways in the winter,played PAL baseball in the spring,and stayed out well past dark playing kick-the-can in the summer. We were raised by our parents and our friends' parents. Their example was clear: support your neighbors,they will support you.I am lucky to have grown up in such a place. I did not grow up in Southold,but it reminds me of where I did.For just over a year now I have been a Southold resident,it is a great privilege and source of pride for me.My neighbors today have the same friendliness and generosity,just different faces and names. Regan Meador is one of those neighbors.He and his family live down the road.I pass his home when I visit my godmother on Horton's Lane.I bring my friends to Regan's farm for a taste of his latest inspired creativity and to hear him tell the story of Southold Farm+Cellar. It is a story that I like to re-tell others: planting roots&seeds in the same dirt,farm&family side-by-side. It is a narrative to which I aspire and one that epitomizes so much of what makes me proud to be a part of the Southold community. I am not an expert on Southold zoning regulation. I can only guess at the difficulty of the decisions which you are tasked with at the ZBA. What I do know is that Regan is my neighbor and a man whom I respect. Like the parents in the town where I grew up, Regan's attitude, values, and work ethic exemplify what we love about our community. I support Regan, his family, and his business. I truly hope that, as a community, we support him as he farms his land, shares his passion for winemaking, and raises his family amongst us in this place which we all call home. 1 (o RECEIVED Philip Burns JUL 2 9 2015 500 Old Country road Southold NY 11971 BONING BOARD OF APPEALS July 29, 2015 Town of Southold Zoning Board of Appeals emailed & hand delivered RE: Southold Farm & Cellar Inc. PROPERTY ADDRESS: 860 Old North Road, Southold, NY SCTM: 1000-55-1-7 Dear Chairman Weisman & Board: I live at 500 Old North Road and I am a neighbor of the above. I may not be able to attend the hearing due to medical reasons. I want to be on record that I fully support their application. Mr. & Mrs. Meador are great people and I feel this business is good for the Town' s economy. I hope the Board will grant their variance request so they may continue with their business venture. Thank you. Very truly yours, Philip But-ins. c: Patricia C. Moore Esq. gr Ann Johnson 4130 Horton's Lane Southold NY 11971 August 5, 2015 REOSIVED 2ON AUG ® ??015 Town Zoningf BoardhofdAppeals I�GBOARDOPAPP emailed & hand delivered E4ts RE: Southold Farm & Cellar Inc. PROPERTY ADDRESS: 860 Old North Road, Southold, NY SCTM: 1000-55-1-7 Dear Chairman Weisman & Board: With reference to the above, please be advised that I live at 4130 Horton' S Lane (on the corner of Old North Road. I may not be able to attend the hearing however, I want to be on record that I fully support their application. Mr. & Mrs. Meador are great people and I feel this business is good for the Town' s economy. I hope the Board will grant their variance request so they may continue with their business venture. Thank you. Very truly,r,yours, Ann Johnson c: Patricia C. Moore Esq. � � William & Carolyn Daman 1020 (old North Road Southold NY 11971 July 31, 2015 Town of Southold Zoning Board of Appeals emailed & hand delivered RE: Southold Farm & Cellar Inc. PROPERTY ADDRESS: 860 Old North Road, Southold, NY SCTM: 1000--55-1-7 Dear Chairman Weisman & Board: I live at 1020 Old North Road and I am the next door neighbor of the above. There has never been a problem with parking nor any issue of loud noise. I want to be on record that I fully support their application. Mr. & Mrs. Meador are very nice people and I feel this business is good for the Town' s economy. I hope the Board will grant their variance request so they may continue with their business venture. Thank you. Very truly yours, William Haman �L<.ry1�w2 Carolyn Haman e: Patricia C. Moore Esq. RECEIVE ('�e SEP 2 2 2015 Michael T. Burke APPEALS 130ARD OF A 155 Woodcliff Drive Mattituck, New York 11952 Leslie Kanes Weisman Chairperson Southold Town Zoning Board of Appeals PO Box 1179 Southold,New York 11971 Dear Ms. Weisman, September 20,2015 REF; SOUTHOLD FARM AND CELLAR,INC (ME OR)#6861 I am writing to you and your fellow members of the Southold Town ZBA today to express my support to uphold the towns DISAPPROVAL of the application for a winery building conversion to a tasting room with less than the required minimum setback. I am sure the Meador family want to proceed with their desire to run a tasting room and the extra profits that come with that however the rights of the neighbors have to be in this and every application considered prior to approval. I know the pressure your board is under as the applicant has flooded their Facebook Page asking for their customers and friend to pressure the ZBA to allow their operation to continue. They have the option to do what other wineries have done and that is to sell their wines in Mattituck at the Premium Wine Group at Cox Lane. Very truly yours, GMa 'S RECEn/ED OCT 2 2.2015 20flIING BOARD OF EALS fio ; I. 2 ms .� A-W A -Yy,\-Ct ass wa lu vv� S Yl �-; - to, MP A � . - V - s � ct , w Toth, Vicki From: Agnes Neiger <agnes neiger@gmail.com> Sent: Thursday,July 23, 2015 12:07 AM To: Toth, Vicki Subject: Southhold Farm &Cellar Dear Ms. Toth: I am writing to show my support for the wonderful establishment in your town that has been shuttered down and prohibited from operating. While I do not know the details of why this happened I am hopeful that if there is no harm to people or property, Southold Farm & Cellar be allowed to continue to operate. I read of Southold Farm & Cellar in a magazine and visited this past spring. I've been to many other wineries and establishments in the north fork and was ecstatic about this new and different place. The small barn house turned tasting room was so quaint and comfortable. Carey poured the wines and discussed their process from grape to bottle. We sat outside overlooking the new vines and were amazed at how different and at home we felt. There was a sweet family vibe, with Carey's dad and daughter around, that enhanced the small winery experience, like knowing the people making the wines, an inextricable link. The wine itself was like nothing i've tasted. All our friends who we recommended the Farm to shared similar sentiments. This place was a jewel in the north fork. It was yet another great reason to visit Southold. It would be a real tragedy if the town of Southold was the reason this fresh and exciting establishment were to cease to exist. It smells of big governmentibig wineries pushing the little people out. There seems to be enough room for both to function and coexist. Different people are looking for different things in wineries on the fork and Southold Farm & Cellar offers that variety. My hope is that the Zoning Board finds a way to keep Southold Farm & Cellar where they are and allow them to operate as the incredible family run farm and cellar that they have proven to be. Thank you for taking the time to hear my voice and plea. Truly, Agnes Neiger i 0(0 Toth, Vicki From: nkudirka@aol.com Sent: Tuesday, July 21, 2015 11:37 AM To: Toth, Vicki Subject: southold farm and cellar Dear Ms. Toth I am a homeowner on Lighthouse Road and have been there for over 30 years. I am extremely dismayed about the closing of Southold Farm and Cellar. They are a wonderful addition to our neighborhood and to the North Fork. I have visited them often with my guests and have found that they make excellent and inventive wines, I feel the best on the North Fork. It is the type of business, small, individual, local, that should be totally supported and encouraged rather than harassed. This type of vineyard is much preferable to the large commercial, limousine gathering vineyards I strongly urge you and Southold to support and help this vineyard flourish It is encouraging creative, individual enterprise and helping develop excellence and reputation in the wines produced on the North Fork. In terms of zoning, I feel that large, monstrous, developer funded houses have no problem qualifying. For instance the huge house on a extremely small plot that got built at the end of Lighthouse Rd and that is totally incongruous with the surrounding neighborhood and Lighthouse Park It got over 7 variances to be built and one begins to feel that perhaps the developer paid for this I hope the town of Southold does the right thing and supports this family farm winery and helps them in every way to negotiate the town code bureaucracy so that they can reopen as soon as possible Sincerely yours, Dr. Nijole Kudirka 1 Toth, Vicki From: Elizabeth Fletcher <efletcherf@aol.com> Sent: Thursday,July 09, 2015 12:54 PM To: Toth,Vicki I support what Southold Farm and Cellar are doing. I agree with their idea of keeping it small and living on the land they are farming. Let's not scare our young people with their hopes and dreams away. Please work with them to make this right. Elizabeth Fletcher Jon Fletcher Mattituck, New York Sent from my Wad 1 W V Toth, Vicki From: Elliott,James T- NEW YORK NY <james_elliott2@ml.com> Sent: Thursday,July 09, 2015 12:14 PM To: Toth,Vicki Subject: Southold Farm + Cellar Vicki, As a taxpayer and part-time resident of the Town of Southold, I was very disheartened to learn that the Southold Zoning Board of Appeals is requiring Southold Farm +Cellar,to cease operations immediately. I am incredibly disappointed by the short-sighted and bureaucratic judgment that was enacted on Regan, Carey and their family's small business. In the short amount of time they have been open, Southold Farm +Cellar has managed to significantly improve the reputation of Long Island wine by focusing on the quality of their product and honest, educational discourse with their customers. In a town where many"wineries" seem more concerned with attracting busloads of inebriated,disrespectful and reckless groups, Regan and Carrie's approach should be welcomed by the town with open arms. I encourage you to support Regan and Carey in their attempt to continue building on their early successes which are aligned with the best interest of the Long Island Wine Region and the Town of Southold. Respectfully, Jimmy Elliott 908-247-6610 This message, and any attachments, is for the intended recipient(s) only, may contain information that is privileged, confidential and/or proprietary and subject to important terms and conditions available at http://www.bankofamerica.com/emaildisclaimer. If you are not the intended recipient,please delete this message. 1 Toth, Vicki From: Meredith Little <mlittle88@gmail.com> Sent: Thursday,July 09, 2015 11:31 AM To: Toth, Vicki Subject: Support for Southold Wine + Cellar Dear Ms. Toth: As a taxpayer and property owner in Southold, I am agast the town would shut down Southold Wine+ Cellar. The owners have set up a small, well-managed business that should be considered by the town as a solid example of how to run a vineyard, winery and tasting room in the region. There are no large dance parties,no gaggles of people guzzling wine, no traffic impediments to the neighborhood, only a husband and wife who decided to showcase what the soil and climate of this area can produce when love and attention is given. They drive revenue for the area, are an excellent example of a serious wine producer that this region could do with more of, and are a family dedicated to being good neighbors and citizens. Please reconsider your actions. I look forward to hearing more at the August 6th meeting and hopefully seeing positive steps towards rectifying this poor decision. Sincerely, Meredith Little 4105 Wickham Avenue Mattituck,NY 11952 i Toth, Vicki From: Natalia Ron <nataliaron43@gmail.com> Sent: Thursday,July 09, 2015 11:12 AM To: Toth,Vicki Subject: Southold Farm &Cellar Dear Ms. Toth, I am not a north fork resident, I live in manhattan and have been coming out to the north fork for over 10 years. Since I was a single girl in my 20s and now I come out east with my husband and son I have celebrated many holidays and vacations in various north fork towns. We come during all seasons, and one of the things we enjoy is the new and different wineries and the winemakers we are lucky to meet. We visited Southold Farm& Cellar for the first time over July 4th weekend and thought their process and family was commendable. I hope there is a way they can stay. Best Regards, i Toth, Vicki From: Shawna Macnamara <shawna.l.macnamara@icloud.com> Sent: Thursday, July 09, 2015 11:21 AM To: Toth,Vicki Subject: SAVE Southold Farm and Cellar Just writing to voice my support of Southold Farm and Cellar- it is heartbreaking that they are forced to cease operation.they are wonderful people with a wonderful business model and more business should follow their lead. Sent from my Whone 1 Toth, Vicki From: Gina Shay <ginashayl@gmail.com> Sent: Thursday, July 09, 2015 11:22 AM To: Toth,Vicki Subject: Southold Farm + Cellar Dear Ms. Toth, Please allow Southold Farm+ Cellar to continue to operate as they have been. They are an asset to your town and to the Long Island wine industry, bringing quiet class and lovely, innovative wines (as opposed to the rowdy crowds and disruption encouraged by other wineries). Their out-of-the-way location does not result in any traffic issues, and they should be able to continue to operate their family farm winery at that location for that and many other reasons. Best regards, Gina Shay Gina K. Shay Oakland, MI and Branchport,NY i Toth Vicki ` From: Dean Jerrehian <deanjerr@gmail.com> Sent: Thursday,July 09, 2015 11:22 AM To: Toth,Vicki Cc: Russell, Scott;William Ruland; Ipevaris@fishersisland.net; Doherty,Jill;Jim Dinizio; Ghosio, Bob;Tomaszewski, Michelle Subject: Southold farm and cellar Dear Ms.Toth, The closing of the Southhold Farm and Cellar just came to my attention. I had just visited the town of Southhold and the Southold Farm last Friday and we really enjoyed it. I left saying to my brother-in-law(who has a house at Orient)that it was one of the nicest wineries I had visited—it was a beautiful day and a beautiful setting and the owner took all the time in the world to explain his wines and the processes in making them. I learned a lot in my brief visit. It was truly a great experience and I think a unique gem to have in Southhold. It would be a shame to see the farm and winery closed. I do not know what the town's reasoning is behind the closing, but if it is a zoning matter, I would hope you could find a way to work with the owner towards a variance or waiver of whatever is causing the closure of this great Southold asset. As I will not be able to be present for the public meeting on August 6, 1 would ask that the above be read into the record. Thank you for your time. Dean Jerrehian Philadelphia, PA Toth, Vicki From: Nick Gorevic <nick@junebk.com> Sent: Thursday,July 09, 2015 11:26 AM To: Toth,Vicki Subject: Southold Farm + Cellar Dear Vicki, As a member of the New York City wine industry, I am shocked and dismayed to hear about the town of Southold's actions against Southold Farm+ Cellar. This winery is one of the shining lights of the Long Island wine scene. I work as a wine buyer at a wine bar in brooklyn, and I also work for distributor of small production wines very much like Southold's. I can tell you that in the short time these wines have been on the New York City scene,they have taken the city by storm. We are talking about a market which is easily the greatest, most diverse and most competitive wine markets in the entire world. The restaurants and stores that have chosen to work with Regan's wines are some of the most prestigious in the city. It is very difficult to sell wine here, trust me this is my business every day in this city, and Southold has sold their wines with ease because they are just that good. I am completely unfamiliar with the ins and outs of this case, but I implore you, for the reputation of your town, and for the reputation of Long Island Wines as a Whole, do not impede their ability to make wine! The name of your town is on every single bottle they make and will most definitely bring respect and business to your town in the long run. I am sure this email is just the start of the outpouring you are about to receive from some of the most respected Sommeliers and wine buyers in New York. Sincerely, Nick Gorevic E JJr�E Nick Gorevic June 231 Court Street Brooklyn, NY 11201 ph. 917 909 0434 cell 646 594 8601 I non 1 Toth, Vicki From: Kerry McNally <kerry.g.mcnally@gmail.com> Sent: Thursday,July 09, 2015 11:30 AM To: Toth,Vicki Subject: support for Southold Farm + Cellar Hello Ms. Toth, I am writing to you in regards to the devastating news I just received about Southold Farm+ Cellar winery closing. I am a frequent patron of this family owned and run winery, and truly believe it is a vital asset to the North Fork community and Southold Town. It is a beautiful and truly unique place, serving great wines you wouldn't find anywhere else on the North Fork. I know they also do a lot of business in New York City and other wine regions of New York State, and the country, bringing a lot of attention and economy to the burgeoning wine and tourism industry of the North Fork. I ask that you please support the winery and the Meador family in any way you can. To close this business, especially in the middle of the busy summer season, would be disgraceful. I urge the Town of Southold and the Zoning Board to take careful consideration on this wonderful property, and keep the community strong and flourishing. Thank you very much for your time, Kerry Gagen McNally i Toth, Vicki From: Mary Perhach <mary@swellshark.com> Sent: Thursday,July 09, 2015 11:36 AM To: Toth,Vicki Subject: Southold Farm + Cellar Vicki, I am writing to ask you to reverse the decision that has closed the business of my dear friend, Regan Meador. Regan is a one in a million guy. He has a heart of gold and left his very successful career in advertising to pursue a dream and a lifestyle that would accommodate his desire for a strong family life. Not only did Regan achieve his dreams, but because he is well-liked and respected by a very influential group in the media industry he has brought positive attention to the winemaking industry on Long Island. Further, I am confused by this decision as the Peconic Land Trust, which owns the adjacent parcels and protects farm land, pointed to Southold as an example of the type of farming they exist to protect, as stated in this article: http://www.newsday.com/business/new-southold-winemakers-have-taste-for-the-exotic-1.5777383. Please reverse this decision. I am sure you are about to receive a flood of similar emails. Best Regards, Mary Perhach Mary Perhach President SwellShark 55 West 39th Street, 18th Fir New York, NY 10018 P, 212,993 7239 M' 908.205.3137 1 Toth, Vicki From: Kymberlee Arnold <kymarnold@gmail.com> Sent: Thursday,July 09, 2015 11:44 AM To: Toth,Vicki Subject: Southold Farm &Cellar I'm writing in support of Southold Farm and Cellar. I sincerely hope that this paperwork headache can be fixed so more individuals can experience what a true Southold winery is meant to be; Creative, humble, and renowned across the country. Best, Kymberlee Arnold i Toth, Vicki From: Michael Gorton <mjgortonjr@gmail.com> Sent: Thursday,July 09, 2015 11:47 AM To: Toth,Vicki Cc: Regan Meador Subject: Southold Farm + Cellar Dear Vicki, I was sadden to read today in my email and via social media that the Town of Southold has told the wonderful people at Southold farm and cellar to cease operation as a family farm winery. Regan, Carey,Coralai, Sawyer and their respected families have brought wonderful freshness to the wine region and industry on the North Fork. To force a business that is putting the North Fork wine region front and center to cease operation is sad. It takes away from all in industry as a hole and it hurts those that might want to consider a farm winery as an occupation and career. I can only imagine the pain and hurt that you,the town of Southold, caused this wonderful family. By forcing them to cease operation and taking their american dream away is like kidnapping a member of the family and holding them ransom. I am sure they are at a loss now, a loss like a death in the family. To have the power to stop a family from making money does not seem fair and rips apart the fabric that is American. It is truly unfathomable. I know that there are two sides to the story, but you have basically put the Medor family in prison for a crime that is probably not worth the sentence you have given them, to cease operation. Why can't you allow them to work and earn while they work with you to resolve and come to a conclusion where all parties are satisfied and things are attained? What is the history on asking businesses to cease operation? If this were a funeral home, would you ask them to cease operation? Can you imagine the outcry or the pain and suffering that would have been caused because the Town of Southold told a funeral home to cease operation. Think about it. I hope that both parties can work together and resolve the issues and allow Southold Farm+Cellar to reopen immediately and work to a long term permanent resolution. Hoping for a positive outcome, Michael Gorton Wine Club Member Michael J. Gorton Jr. Funeral Director McManus-Loren Funeral Home cell: 516-527-7310 Friend me on Facebook Follow me on Twitter 1 Toth, Vicki From: Lenn Thompson <lenn.thompson@gmail.com> Sent: Thursday,July 09, 2015 11:51 AM To: Toth,Vicki Subject: Meeting transcripts Ms. Toth, Good morning. I'm working on a story about the situation that the folks at Southold Farm+Cellar find themselves in. Could you or someone/youofffificeplease send me the transcripts of the two meetings when the situation was discussed? Lenn Lenn Thompson ^ Executive Editor I Publisher, New York Cork Report p:631.772.9463 I m:631.848.8969 1 e:lenn@newyorkcorkreport.com w:newyorkcorkreport.com 0 _ Got a Signature like this Click here! 1 Toth, Vicki From: Kate Aubrecht <kate aubrecht@gmail.com> Sent: Thursday,July 09, 2015 11:52 AM To: Toth,Vicki Subject: Southhold Farm &Cellar Dear Ms. Toth, I am writing to you in support of Southold Farm and Cellar. I do not know the details of Southold's zoning regulations nor how Southold Farm and Cellar ran afoul of them. I do know that Southold Farm and Cellar are making some really interesting and really nice wines. I expect that you will be hearing from people who can better discuss the buzz and energy (even nationally) surrounding their wines. I live in Miller Place- about 30 miles west of Southold. My family visits north fork wineries about once a month. We seek out places that are about the wine-places like Roanoke, Shinn, McCall, and Southold Farm & Cellar. Southold Farm& Cellar's tasting room is quite low key. I urge you to work with Reagan and Carey to find a solution that will allow them to keep growing grapes, producing wine, and selling wine at their current site. Sincerely, Kate Aubrecht Miller Place,NY i Toth, Vicki From: Kristen Peck <kpeck71@gmail.com> Sent: Thursday,July 09, 2015 12:11 PM To: Toth, Vicki Subject: Southold Farm + Cellar Good afternoon, I just wanted to share a note about the closing of Southold Farm and Cellar, though I'm a longtime visitor to Southold and not a resident. I was extremely disappointed to hear about the closing of this fantastic small winery that added such a positive and welcome addition to the community. Unlike many other wineries on the North Fork that attract loud party buses and ugly behavior from certain groups of individuals,the option of going to a small, family-run winery is incredibly welcome and, I believe, a more authentic reflection of the North Fork area itself. And being able to support small family farming and the hard work of Regan and Carey is just a no-brainer. My friends that grew up and/or currently live in Southold have always valued the preservation of their small town and the peaceful way to life the community supports, and I completely understand the desire to protect ,Southold and the North Fork with zoning laws and similar measures; however, Southold Farm and Cellar seems like a natural extension of the wish to preserve the wonderful small-town feel of Southold that my family and I have enjoyed for the past 15+years, and that my friends have been working to maintain throughout their lives. I know you'll hear from these locals, but I also wanted to add my own thoughts, for what they are worth. I hope things can be resolved, especially at such a critical time of year for Regan and Carey's business. Thank you for your time. Kristen Peck i Toth, Vicki From: Matthew Bayer <matthewsbayer@gmail.com> Sent: Thursday,July 09, 2015 12:18 PM To: Toth,Vicki Subject: Southold Famrm + Celler Hi, I just heard to unfortunate news about Regan, his family and their winery. This greatly saddens me and I would like to know how I can help. Please keep me informed to the future actions and possibilities of helping him and his family. Best, Matthew Bayer i Toth, Vicki From: Christine Gagen <christinegagen@gmail com> Sent: Thursday,July 09, 2015 12:18 PM To: Toth, Vicki Subject: Southold Farm+Cellar Dear Ms. Toth, I am a Southold native who fully supports local businesses. I instantly fell in love with Southold Farm+Cellar when they opened last year and it is one of my favorite places on the North Fork. I recommend all visitors (who I like:)to go. The wines are all fantastic and unique in taste, methode, even to the graphics on the bottles. But what immediately struck me was how appropriate, welcoming and yes, small the tasting room itself is.Not to mention how wonderful the owners were. My best friend's grandparents live next door to Carey and Regan and were happy and relieved that the new owners next to them kept the house they knew so well so true to what it always was- a farm house (not like certain new houses that defy code and local esthetics), a beautiful and understated barn and most importantly, the LAND. It was not bought by developers but by a hard working couple who wants to support their family by working even harder while respecting the land and community and introducing a new way we perceive a winery; a family they want to raise on the North Fork to really know the land and appreciate their surroundings and again the community. When you walk into the tasting room you are part of the conversation. You are speaking to not only very knowledgable winemakers but extremely sweet and genuine people. I have never been to a place so welcoming and faces that are happy to see you back. And if you've ever seen or been fortunate to meet their beautiful daughters, you like the place infinity more. As a local, I feel there are so many more issues to deal with- land PRESERVATION,traffic safety, proper zoning (and not based on how much cash is offered), affordable housing options, etc. not shutting down small businesses. There is that great bumper sticker: Save What's Left. Carey and Regan are trying to do just that. I respect what they are doing with all of my heart and love where I call home. They are part of home. I would be beyond saddened, not to mention very disappointed with the town if they were forced to close. It seems like young people who are trying to do a good thing for the area are constantly pushed back while if you want to build a tasteless mansion or a "factory" winery you're swept through the process. That's what it looks like to the people that were born here and care about the future of the North Fork, not immediate profit. We want sustainably. Unfortunately, I will be unable to attend the Town Hall hearing but I wish I could voice my support in person. I hope you take into consideration how special they are as people, as a local winery and how much every single person that goes there and/or has ever tasted their wine loves them and appreciates what they do. Also please consider the swell of change a lot of us see as a threat to the nature and authenticity of the North Fork. Carey and Regan have created something very positive and inviting and everyone wants to see them succeed. Sincerely, Christine Gagen i Toth, Vicki From: Emily Cunningham <eecunningham@gmail.com> Sent: Thursday,July 09, 2015 12:22 PM To: Toth,Vicki Subject: Please help Southold Farm + Cellar reopen! Dear Ms.Toth, I was very sad and disheartened to learn this morning that Southold Farm+ Cellar must close. A longtime friend of the Gagens, I come out to Southold every couple of months to visit and enjoy your lovely town. Over the past year or so, Southold Farm+ Cellar has been such a welcome addition to my visits. It is very rare to find a quality family business that takes such pride in their craft and has such a desire to share their passion with the community. I do hope that the Town of Southold will work closely and quickly with Regan and Carey to make certain that they can reopen this summer and for many tasting seasons to come. Please let me know if there is anything further I can do to convey my support of this business and their continued operation. Thank you for your time and attention. Best, Emily Cunningham eecunningham@gmail.com gmail.com 301.908.4914 1 To\ Toth, Vicki From: rachel.c andersen@gmail.com Sent: Thursday,July 09, 2015 12:43 PM To: Toth, Vicki Subject: Southold Farm + Cellar Hi Vicki, I hope all is well. I am a new resident of Southold and my husband and I visited Southold Farm+Cellar for the first time a few weeks ago. We had a wonderful experience-we spoke at length with Regan who seemed to be a very good person, passionate about his small business and raising his family in our beautiful town. We recently had our first child and were excited to bring him back to their lovely family farm. I was therefore saddened to receive an email from him just now that they have been asked to cease operations by the Town. He listed your name as a possible contact to show our support, so I am doing just that. I do not profess to know the reasons why the Town has asked him to cease operations, but he seemed to have a lovely, well cared for property that is the type of intimate and local place that fits in perfectly with the bucolic charm of the North Fork. We have visited some of the larger, more vulgar wineries in the area, packed to the gills with drunken bachelorette parties and stretch limos from Manhattan, and in my opinion Southold Farm +Cellar is so beautifully juxtaposed with those facilities and the type of place that the Town should be looking to protect, not shut down. It is definitely a shame that they have been closed and I do hope that the Board will reconsider their decision. Please feel free to reach out to me if you'd like any further info or if there's anything I can do to help. All the best, Rachel Andersen Weitzman Sent from my iPhone 1 Toth, Vicki From: Portnoy, Emily <emily.portnoy@grey.com> Sent: Thursday,July 09, 2015 12:47 PM To: Toth,Vicki Subject: Small business pride Vicki I am writing on behalf of south hold farm and cellar as a fan of their business,their philosophy and their owners. They are exactly what a small town winery should be in this day and age. Quality focused. Family focused. Good people. Good product. I have reccomended them to friends who have since made the trip to your lovely town and supported other businesses in doing so. I ask that you let them run their business in the way they envisioned. It will be good for your town. Emily i Toth, Vicki From: Cliff Batuello <CBatuello@Skurnikwines.com> Sent: Thursday,July 09, 2015 1:01 PM To: Toth,Vicki Subject: Regan Meador I am writing in support of Regan whom I've gotten to know due to his vineyard project. As you can see from my email address I, too, am in the wine business. I,too, live on the North Fork. My wife and I started a farm next to Satur Farm on Alvahs Lane in Cutchogue.We no longer own the vineyard (across the road) but remember all too well how some families complained that we were spraying (even though we were mostly organic), operating the tractor as early as Sam (oh dear!) and generally making complaints for no good reason. We witnessed all the drama that ensued between the Paulette and Eberhard and their neighbors across the road (idiotic) and heard about the many complaints the Macaris received over the last 3 or 4 years when they hosted weddings or such at their Main Road tasting room. As to the last, WE live closer to those weddings than anyone else and can attest to how minimal the sound levels were; but then we have more to do than just complain about our neighbors. It seems this town has a dual standard when it comes to certain enterprises. Shinn Vineyards has certainly gone beyond the bounds of local ordinances and they've expressed quite publically how little concerned they are with those restrictions. How many complaints have been filed in the past few years re. Vineyard 48—to no avail. Those two guys trying to open a small food place near Sparkling Pointe are still not in operation—after more than a year of paying rent for no running business. Certainly, I could add countless other examples. Now I don't know the specifics of Regan's situation . . . nimbiism, cronyism, or just bad government. But what has made this idyll what it is today is due in no small part to the artisanal efforts happening on several fronts.This is what brings the tourists, and the revenue the tourists bring. I can't help but believe a more nuanced, shall I say mature?, approach would benefit our community,the Meador family, and that neighbor. Thank you for hearing me out. Cliff Batuello 917-696-8082 (cell) 212,273 9463 ext 3143 (office) cliff(a-).skurnikwines.com Q,�vrtroRs c SKURNIK „1> Skurnik Wines & Spirits 48 W 25th St 1 9th Floor p�\ New York NY 10010 skurnikwines.com z Toth, Vicki From: melissa sarno <melissa.sarno@gmail.com> Sent: Thursday, July 09, 2015 2:21 PM To: Toth,Vicki Subject: Southold Farm + Cellar Dear Ms. Toth, I am writing to express my concern about the closing of Southold Farm+ Cellar. I don't know the finer details of any codes they are allegedly violating but, as a loyal customer, I know that they operate with the utmost integrity and ethical business practices, not to mention that they put out an outstanding product. When I think of the North Fork and the town of Southold and surrounding wine region, I think of small farmers and growers, family businesses, and the intimacy, intelligence, and practicality that a place like Southold Farm+ Cellars affords. I hope the town is able to support businesses like this and help them grow, rather than ask them to shut their doors or chase them away with with threats of fines and jail time. I am confident that with your example and leadership the community can come together to find a workable solution to restore a beloved small business. Thank you, Melissa Sarno i Toth, Vicki From: Megan Wolleben <megan.wolleben@gmail.com> Sent: Thursday,July 09, 2015 2:28 PM To: Toth, Vicki Subject: Support for Southold Farm + Cellar Hi Vicki, I wish to write to you in support of Southold Farm+ Cellar. I have been enjoying their wines since I discovered their tiny spot through a friend in the wine business. What I loved about visiting was the fact that there were no visiting hours, no buses, no limos. I had to connect with Regan through a personal connection and we found a time that worked for both of us. There was no huge fancy (gaudy)tasting room. It was just Regan, myself, and my husband. Similar style to what I just experienced out in Oregon. It was wonderful to learn about the wines from the winemaker; to see and taste his passion. I hope the town can find room to allow places, small businesses, and people like Regan to be successful. Allow small farmers and entrepreneurs to obtain their dreams and be a part of the community not just another big cooperation sucking the life from it. I mean look what happened to Riverhead? Southold is a beautiful little town and part of the charm of it is finding places like Southold Farm+Cellar. People with passion and drive and a desire to build the community and be a part of it should be encouraged. There are other wineries operating on the same amount of land without causing issues to their surroundings.It seems the town only has one lens to see wineries, as opposed to restaurants where they treat something like a high end restaurant vs. fast food vs. a deli differently specific to their traffic requirements. Southold Farm+ Cellar has always set up to be low traffic and respectful to their neighbors. This is about letting Americans and small towns return to their roots and exist together. To produce something together. To build community and make livings near family and on land that they own. I truly hope the town can come to an agreement that would allow Southold Farm+ Cellar to continue their tiny business and raise their family. Sincerely, Megan Wolleben 1 Toth, Vicki From: Sean Cummings <seanrcummings@gmail.com> Sent: Thursday,July 09, 2015 2:33 PM To: Toth,Vicki Subject: Southold Farm &Cellar Hello Vicki, I am writing to you regarding the recent closure of Southold Farm & Cellar. As a native Long Islander and a Wine Buyer at one of New York City's Wine Spectator Grand Award winning restaurants, I am deeply saddened at the prospect of losing a producer who has brought my interest back to Long Island. At a time when Long Island has fallen way behind the Finger Lakes in interest and wine list real estate in the best New York City restaurants, Southold Farm and Cellar has changed the conversation as to the future of Long Island wines and what is possible. I know there are many other issues that you probably deal with on the day to day basis that hold much more importance but I really wanted to convey the sadness and disappointment I am feeling at the prospect of losing the producer that I really feel proud to have represent my home wine region. I believe the future of Long Island Wines depends on small craft producers making wines that speak of place and passion. Please help preserve the future of Long Island Wines. Thank you, Sean Cummings Chef Sommelier Nice Matin Restaurant I i Toth, Vicki From: Reeves Hughes <reeveshughes@yahoo.com> Sent: Thursday,July 09, 2015 2:43 PM To: Toth,Vicki Subject: Southold Farm &Cellar Ms.Toth, Most municipalities would bend over backwards to have such a low-intensity ag operation within their communities.The folks at Southold Farm make great products in a sensible and environmentally-friendly way. Telling a family farm to cease operations-without the benefit of due process- is tantamount to a death sentence for the farm. Is that really what your municipality seeks to achieve? If so,shame on all of you. Perhaps your town's administration would be happier with strip malls,giant energy-sucking conventional wineries,wedding factories and stack-a-shack housing. Chip Hughes 21 West Street Annandale,,NJ 08801 Sent from my iPhone � 1 Toth, Vicki From: Eric Clemons <eric@coeurwineco.com> Sent: Thursday,July 09, 2015 3:03 PM To: Toth,Vicki Subject: Southold farm and cellar Hi Vicki, Thanks for taking the time to speak with me over the phone earlier this morning. I told others to email rather than call you so hopefully you're not getting bombarded with other folks calling to support Southold Farm and Cellar. Asbury was discussing with you and just wanted to put down on the email I work in the wine business and have the pleasure of selling Regan's wines to restaurants and stores in New York City. The level of respect and quality that they have been able to achieve with their wines in less than two years is completely unprecedented for the North Fork. Unequivocally they're making the most in demand wines in all of Long Island right now and bringing a whole new spotlight to the region(obviously the town). The wines can be found at many of the top restaurants throughout the city which is a complete rarity for winds from the north fork which are often ignored at good restaurants in the city. The#4 ranked restaurant in the world, Eleven Madison Park, has theirs wines on their list as do famous spots such as Gramercy Tavern and Daniel. I can also speak to Regan's character and say that he is one of the most honest, humble, and passionate people I know in the wine business or any other. Small family run businesses are the lifeblood of any local economy and I want to do anything I can to support them. Would it be helpful if I collected signatures from other people in the industry as well to bring with me to the hearing? Best, Eric Eric Clemons Owner I Coeur Wine Co. 917-495-7164 leric@coeurwineco.com i Toth, Vicki From: Jonathan Sanders <jonosanders179@gmail.com> Sent: Thursday,July 09, 2015 3:20 PM To: Toth,Vicki Subject: Southold farm and cellar Dear Ms Toth, Me and my wife visit the Northfork many times a year. One of the highlights of a visits are our visits to southold farm and cellar. The owners have created one of the most special little spots in the northfork and their wines do the region proud. Closing down their operation, and the spirit that is behind it is a lose-lose-lose for everyone: for the owners obviously, but also for the visitors to the northfork, and lastly the town since you would be closing meaningful reason for visitors, and their wallets, to visit the northfork. I would encourage you and the town leaders to put the rule books down and to work with the owners to help them realize their vision. Thank you for giving this careful consideration. Jonathan Sanders 1 Toth, Vicki From: Daniel Kramer <kramer29@gmail.com> Sent: Thursday,July 09, 2015 4:40 PM To: Toth,Vicki Subject: Southold Z.B.A. Ms. Vicki Toth Director Zoning Board of Appeals Southhold, New York Ms. Toth, Good afternoon. I am writing you in full support of Southold Farm + Cellar. I have known Reagan Meador for about 10 years and very much enjoyed working with him. His commitment to simply doing things the right way was both refreshing and rare. At that time we were both in different businesses, but now we are both in hospitality (I am the managing partner at Duke's Grocery in Washington DC). In this profession as well, there are plenty of opportunities to conduct business the wrong way. Reagan has not taken that route. His operation is a credit to the Town, an engine of hyper-local economic growth, and a strong building block in making the North Fork a culinary destination for residents and visitors alike. I strongly urge you to facilitate the ongoing business operations of Southold Farm + Cellar. If you have any questions, please contact me. Thank you for your consideration. Best regards, Daniel Kramer m: 310.926.9920 Business: Duke's Grocery 1513 17th Street NW Washington DC 20036 e: dukesgrocery@gmail.com Personal: 2420 14th Street NW #716 Washington DC 20009 e: kramer290gmail.com 1 Toth, Vicki From: Jim Atwood <jim@jatwood.com> Sent: Thursday,July 09, 2015 4:41 PM To: Toth,Vicki Subject: Southold Farm and Cellar Hi Vicki, I'm a former winemaker,wine consultant, and devotee of fine wines. When we visited your area, I tasted approximately 50 different wines. Most wines in your area are inferior to wines from other parts of the world. There were only 3 , wines I purchased in quantity to send home. One was from Southold Farm and Cellar. You will do your area a great favor if you encourage this winemaker to continue. They are definitely a star for your community. Sincerely, Jim Atwood, Chairman Wine & Food Society of Oregon 33 SW 3rd Avenue Portland, Oregon 97204 USA (503)248-0000 i 06� Toth, Vicki From: Conor Harrigan <ctharrig@gmail.com> Sent: Thursday,July 09, 2015 5:09 PM To: Toth,Vicki Subject: Southold Farm and Cellar I would like to voice my dismay at the Town's forcible cessation of operations at SF&C. I have never heard any complaints about noise, disruption, or any other forms of unpleasant goings on in and around the residential area that envelops SF&C. I do believe the town should be encouraging these sorts of institutions, as they operate in tandem with the "philosophy" of the area;that is, a quieter, more humble modus operandi than that of our counterparts on the South Fork.SF&C has not brought with it the sorts of disruptive unpleasantness that a winery such as Vineyard 48 has in the past. I would wager a rather confident guess and offer that a majority of residents, both in the immediate area surrounding Mr. Meador's facility, and in the town at large,would offer words of support for SF&C. I sincerely hope the Town alters its decision, in the interest of many facets: the "attitude" of the region,the employment of local residents, the bringing in of tourism (and, if I may say,the right kind of tourism the North Fork needs) and the raising of a family that Mr. Meador is hoping to do through this business. Sincerely, and regards, Conor Harrigan. 1 S v Toth, Vicki From: Kremers, Courtney <Courtney.Kremers@sothebys.com> Sent: Thursday,July 09, 2015 7:16 PM To: Toth,Vicki Cc: 'rm@southoldfarmandcellar.com' Subject: Re: Southold Farm + Cellar Dear Ms.Toth: I received an email this morning from Southold Farm +Cellar that they will be closing up shop. I cannot tell you how heartbroken this made me. My husband and I live in Manhattan but have been going out to the Northfork regularly since 2007.We were married last June at Bedell and have been (wishfully) looking for a home in the area. We first met Regan last summer when we were out staying with friends who have a home on Maple Lane.There was 'buzz' going around that a new,very smart,very creative vintner was making wine unlike anything else on the Northfork. We visited the beautiful, quaint tiny tasting room and found just that. Regan spent over an hour with us—telling us his story and the story of the grapes, and ultimately wine.We went back again a few weeks ago and this time, while it poured rain outside, listened to songs with Regan that had inspired the winemaking process. In all our time in Napa/Sonoma, let alone the Northfork,we have never received attention and patience like that happily offered by Regan. Please find a way to solve this problem, whatever it is, and get the Southold Farm +Cellar back on its feet. Every community, every industry, needs a family and business owners like the Meadors. If you have any questions, I am absolutely available to speak: 240-446-5281. All the best, Courtney Kremers Courtney Kremers Head of Morning Sale Sotheby's Contemporary 1334 York Avenue New York,NY 10021 T.+1 212 606 7254 1 F +1 212 606 7011 This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the postmaster at postmasterta7.sothebys.com. 1 www sothebys com 2 Q�\ Toth, Vicki From: Richard Porteus <richard.porteus@legends.net> Sent: Thursday,July 09, 2015 7:22 PM To: Toth,Vicki Subject: Southold Farm &Cellars Hi Mrs.Toth: I was saddened this afternoon when I heard of the recent issue causing Southold Farm and Cellars to cease operations. I write today as a lifelong visitor to the North Fork and a hospitality professional that has enjoyed working with wineries and farms throughout this great state, particularly your region Though I am not privy to the specifics of this case I will confidently say after visiting the winery and meeting Mr. Meador there and here at 1WTC that I am aware of his sole focus out east. His goal has always been to bring quality small production wines to a select few and enjoy the life he has created for his family.This goal is clearly evident in his business model,focus on quality and approach to his craft. His wines have become a symbol of pride for me personally and personifies all that the North Fork and small business stands for. I ask that you reconsider your position on Southold Farm and Cellars and allow Mr. Meador and his family to get back to bringing us all some really good wine, done the way it supposed to be! Please feel free to contact me should I be of any further service or assistance in this matter. Best, x RICHARD PORTEUS I General Manager, Hospitality One World Observatory One World Trade Center 102nd FI, New York, NY 10007 0: 212.602.4070 C: 917.834.1415 E: richard.00rteus@leoends.net W: www.leaends.net 1 Toth, Vicki From: Eric Foran <eric.foran@gmail.com> Sent: Thursday,July 09, 2015 8:43 PM To: Toth,Vicki Cc: Southold Farm + Cellar;Jamie Foran Subject: Southold Farm + Cellar Hi Vicki, My wife and I live in Southold and are very proud to be part of the North Fork community. Today it came to my attention that the Town of Southold forced Southold Farm+ Cellar to shut down. While I do not understand why the town came to this decision, I do know what Southold Farm+ Cellar has brought to our community. What Regan and Carey are doing at Southold Farm+ Cellar is exactly what makes me proud to call Southold home. A young couple with a young family buy an old farm in Southold and transform it into a vineyard producing some of the most innovative wines in all the North Fork. They created a beautiful tourist destination and their vineyard is a place we visit often. I am upset that I don't have the option to visit this weekend. Our town should support local agricultural entrepreneurship not hinder it. Our town should welcome more people like Regan and Carey, not get in their way of making a living, raising their family.and supporting the local community. I hope you recognize the mistake the town made with this decision and allow Southold Farm+ Cellar to re-open soon. Whatever strange local law caused this problem should be amended. I'm excited to see the outpouring of support for Regan and Carey from our local community. I hope our town comes around to the right decision soon. Eric and Jamie Foran i Toth, Vicki From: Scott Hunt <sh@scotthuntstudio.com> Sent: Thursday,July 09, 2015 11:36 PM To: Toth,Vicki Subject: Southold Farm + Cellar Dear Ms.Toth: I am writing you to show my support for the vineyard, Southold Farm +Cellar. I'm a customer of SF+C and I live in Manhattan and frequent the North Fork in the summer months as a tourist. I also happen to be a wine enthusiast and one of the reasons that I love the North Fork so much is the abundance of wineries that have sprung up in the area in recent decades. Last summer I encountered the family that owns SF+C,the Sawyers, at the farmer's market where they had a booth. I liked their enthusiasm and was impressed with their knowledge of the business and so I bought a bottle of Cab Franc. I shared the bottle at a dinner party later that evening with a group of friends at a dinner party in Orient and I was so taken with the wine that I made a mental note of the vineyard and pledged to visit it the following season.And I did that just two weeks ago when I was staying in Southold for a week with friends.We rented bikes from Greenport and rode to several of the local independent vineyards to do tastings. I specifically asked my friends if we could add SF+C to our list of tastings and we all agreed that theirs was the most memorable experience.We all bought bottles and then when I came back to Manhattan I wrote a review on TripAdvisor(I'm a regular contributor to that site). I don't know the Sawyers; I've only met them the two times I've mentioned above. But it's clear to me,through the quality of their wines,that they are very committed, promising small-business owners and they are, in my opinion, a feather in the cap of the town of Southold. I can't speak to the legal issues that the zoning board has raised with respect to SF+C but it seems illogical for the town to shut down a business that attracts tourists and their expendable incomes. I would think that the zoning board should want to negotiate some kind of mutually agreeable settlement with the vineyard as soon as possible. I realize that I'm not a member of the Southold community and so my show of support may not amount to much. But as a frequent visitor and true lover of the area, I ask that you take my opinion into consideration. Many thanks, Scott W. Hunt 6 Charles Street,4C NY, NY 10014 1 Toth, Vicki From: sellquick@aol.com Sent: Thursday,July 09, 2015 3:11 PM To: Toth,Vicki Subject: Southold Farm &Cellar Dear Ms. Toth, I do not know why the Town of Southold is having a problem with this young family and the small operation of this winery, but it is a disgrace. The larger vineyards with huge venues for weddings, buses, limos, etc...they operate as "bars and discos", disrupting the peace for all their neighbors. This little winery, with an old barn, a small bar and a lovely family operating it, is shut down. Why not close Vineyard 48? Oh, right, you tried and it still operates at full throttle. This is disgraceful. As a full time resident of Southold, I am totally disgusted with the zoning board. Very truly, Ann Marie Ver Pault 600 Grove Road Southold, N.Y. 11971 1 Toth, Vicki From: Cronin, Donelle <dcronin@msd.kl2.ny.us> Sent: Friday,July 10, 2015 1:06 PM To: Toth,Vicki Subject: closing of a dream I read an article today in the local paper that indicated that you were responsible for a disruption in a dream.As I am sure that there might be some truth to the story indicating that paperwork is not complete however, I am horrified to think I live in a region that can be so cold and callous. I am certain that you are aware that people and businesses are leaving Long Island at a rapid rate.As is clearly documented by the decline of student population.Yet,there is a hard working family that is trying to operate a business and you close them down in the heart of the season. For the record I have never been to this winery. I would hope that Southhold will look to work with this family and encourage economic growth that this region needs. Thank you, Donelle Cronin Amityville NY 1 V Toth, Vicki From: Dean Russell <realplaster@optonline.net> Sent: Friday,July 10, 2015 1:42 PM To: Toth,Vicki Subject: Southold Farm Dear Ms,Toth, I saw the report in the paper about the problems with Southold Farm+Cellar. I decided to go over and see what was going on.The gate is closed and a sign indicates that they are not open to the public. I decided to knock on the house which I assumed was part of the farm. I remember going past this house for years when I was out running that Old North Road loop and admiring it when it was abandoned. It looks great now. I introduced myself and asked them a bit about the situation.They seem like wonderful people and their place is a gem.The water district has its building across the street and the complex of old farm equipment is opposite their site.They told me they love the old trucks and think it adds charm and value! Not sure if I would feel the same.The impression I got was they want to follow their agricultural art of wine making and not be the next Route 48! 1 sincerely hope they can work out some agreement with the Town and the ZBA. Really these are the kind of people who are the future of our beloved North Fork's farming community. Sadly the days of potatoes and cauliflower is part of the past and not the next chapter we need to develop. I remember the misty mornings with that potato spray smell as a kid in the 1960's in Mattituck.This is our future with farms like this one as our hope of preserving real use of our farmland. Please do everything you can to make this work. By the way, I offered to buy a bottle of their wine to try it for the first time. Mr Meador asked me what kind of wine I liked,then said: "You know I went to really do this right and be completely above board. I don't want to sell you anything even in my living room." I jokingly said I wasn't wearing a wire. He said it was better that I order it on line! Now that's an honest law abiding man! Thanks for hearing me out.This is the first time I have ever written about any matter before the ZBA. Respectfully, Dean Russell 1065 Park Avenue Southold, New York 1971 631765 2481 1 Toth, Vicki From: Amy Zavatto <azavatto@earthlink.net> Sent: Friday, July 10, 2015 1:58 PM To: Toth,Vicki Subject: Regarding Southold Farm + Cellar Dear Ms.Toth, My friend and colleague, Regan Meador, has been keeping me abreast of the situation with his family's business,Southold Farm+Cellar,for quite a while.To say the least, I am thoroughly dismayed and upset to hear the decision of the Town to force the shuttering of this business and good member of not just the wine community, but the Town of Southold as well. I grew up,full-time, on Shelter Island. My college savings account sat in the old Southold Savings Bank. My father, a retired butcher and former ferry captain, supported his family as a small business owner, like the Meadors,and,also like the Meadors,was an important and good member of his community. He still is. I currently own a home in Greenport. I tell you this so that you understand that I am not an outsider—I am person who is a product of this environment,who is still invested in it, pays taxes to the Town of Southold, and who is deeply entrenched in and concerned with the future of my home area. I am also a wine journalist and the Executive Director of the Long Island Merlot Alliance.These things lead me to the Meadors initially, but we've become good friends as well. My relationship to them is based on both personal and professional admiration.They are very good people with the kind of vision for their business and the wine community here on the whole— an industry that,statewide,generates nearly$5 million in economic benefits —that is meant to embrace the concept of small family farming and keep that long, centuries-old tradition here alive and well (and without a single Hummer limousine in sight). The testimony of Alison Latham is a shocking display of hearsay.That,apparently,so much weight is given by the Town to this one uninformed individual—who clearly has not even bothered to visit the Meadors,see their farm,or taste their wine, but who seemingly only peers at their land through a crack in the curtain and sneers at her neighbors — is bottomlessly disappointing. Kicking the Meadors to the curb is not only cruel (which, by the way, it is—the Town is pulling the economic rug out from under a young family who have been nothing but transparent from the beginning with their intentions), it feels like a blatantly unjustified act to a family as well as a vital part of our local industry. I implore the members of the Zoning Board of Appeals to reverse this judgement. It's a grave mistake. Sincerely, Amy Zavatto Wine/Spirits/Food Writer Contributing Editor, Imbibe magazine Executive Director, Long Island Merlot Alliance Follow me on Twitter: @amyzeats 1 Toth, Vicki V� From: Traci Hoch <traci.hoch@gmail.com> Sent: Friday, July 10, 2015 8:46 AM To: Toth,Vicki Subject: Southold Farm + Cellar Ms. Toth- I am writing in regards to the recent closing of Southold Farm+ Cellar. I recently stumbled upon this gem and immediately fell in love. While the wine is fantastic, it was not the wine that had me enamored. Regan Meador's passion for winemaking and delivering innovation is infectious. I've been to the tasting room several times over the past few months. Running as a small family farm winery, the room has never been packed and traffic has been non-existent. The operation could in no way be creating any issues for neighbors, which would be a legitimate concern. With the aside, I cannot imagine why the Meador's would not be allowed to continue their operation...their dream. As the Long Island wine region continues to grow, it is winegrowing and education that will help this area thrive. The Meador's, and other family farm wineries, are core to this growth. They are core to the innovation we are expecting from this region. I would hate to see the Meador's dream crushed after the time, money and emotional investment that has gone into Southold Farm+ Cellar. While I understand the need to comply with local laws, I strongly believe the town should work with the Meador's to resolve this issue and allow them to resume business that is critical to their success and more importantly the growth of Long Island wine. Best, Traci Hoch 1 Toth, Vicki From: Freedman,Andrew M. <AFreedman@olshanlaw.com> Sent: Friday,July 10, 2015 9:10 AM To: Toth,Vicki Subject: Southold Farm + Cellar Hi Vicki, I'm a Mattituck resident and also happen to own 3 beer/wine bars in NYC. I am also an attorney. We are ardent supporters of the local wine industry. Indeed, we only serve local North Fork wines at our bars (The Jeffrey, Fools Gold and Alewife). I've had the opportunity to meet Regan and Carey (and their 2 young children) on many occasions, and my wife and I are members of their wine club. Regan and Carey represent to us what is so special about Southold and the North Fork in general. Their quaint tasting room is a place where I have come to learn much about North Fork grapes/wines and Regan's unique winemaking styles. More often than not, we are the only people there in the tasting room when we visit. To be sure, theirs is not a tasting room like Pindar or Vineyard 48 and others that people descend upon in limos to partake in party-esque wine tastings. There are typically more cars and people convening at summer homes on any given Saturday/Sunday than you would find at their tasting room. There is no live music or other noise or distraction emanating from Southold Farm+ Cellar. To the naked eye driving by you would perhaps not even realize a tasting room was there. I am emailing in full support of whatever type of license or otherwise may be required from Southold town for Regan and Carey to continue their tasting room operations. If there is any way I can be of any assistance in this matter please let me know. It would truly be a shame for our town to lose an upstart winery like Southold Farm+ Cellar over logistics that can be worked out. As I'm sure you are hearing from others, Regan and Carey are of the highest character and bring passion and pride to our region's thriving wine industry. I am here to support them in any way that I can. Best regards, Andrew Freedman Andrew M. Freedman ® LSHAN OLS❑iLN FROME«VOL.OSKY LLP Park Avenue Tower 66 East 55th Street Now York,ICY 10022 Direct:212.451.2250 Facsimile:212.451.2222 Email:AFreedman(a)olshanlaw com Web:www olshanlaw com 1 W Electronic transmissions by the law firm of Olshan Frome Wolosky LLP may contain information that is confidential or proprietary,or protected by the attorney- client privilege or work product doctrine If you are not the intended recipient,be aware that any disclosure,copying,distribution or use of the contents hereof is strictly prohibited If you have received this transmission in error,please notify Oishan Frome Wolosky LLP at once at 212 451 2300 2 ,l Toth, Vicki From: Andrew Mitchell <ajml303@me.com> Sent: Saturday, July 11, 2015 12:04 AM To: Toth,Vicki Subject: Southold Farm and Cellar Vicki, I implore you and the ZBA to reach deep find a creative solution to this situation. I know that we are a community that embraces the principles that SF&C represents and that a resolution is possible. Thank you. Andrew Mitchell (Apple Email) a4m1303@me.com 1 Toth, Vicki From: Altman Daryl <stillagoddess@gmail.com> Sent: Saturday,July 11, 2015 10:05 AM To: Toth,Vicki Subject: Southold Farm and Cellar Greetings: I would have thought that Southold would have better things to do than to shut down a burgeoning family business over a piece of paper. And a winery? When Long Island wines are just beginning to develop the reputation they deserve? As a wine collector and a Long Islander, I am aghast. You should be facilitating the growth of business on the North Fork,and expediting the paperwork! I'm guessing that if Stephen Spielberg wanted to do Men In Black IV in Southold,you'd fine a way to fast-track those permits. For a REAL quality of life issue, spend your time dealing with heavy trucking on 25. Take care of the paperwork for Southold Farm and Cellar NOW,before the season is lost and Long Island loses another business. Please. Daryl Altman MD 44 Rowe Ave Lynbrook NY 11563-4222 516-456-6956 J, i 1 D(� Toth, Vicki From: Melissa <melissaspringerota@gmail.com> Sent: Saturday,July 11, 2015 4:26 PM To: Toth,Vicki Subject: Southold Farm &Cellar's Good Afternoon, I'm writing you in support of Southold Farm &Cellar's. As a small town we should be supporting and fostering small businesses. To issue a cease all operations order in what we all know is one the busiest season of the year is devastating. I grew up in Southold. It's my hometown but as a young person with a family of my own I can no longer afford to live there. My story is the same for many that I have grown up with. To see a fellow young family start a successful business is inspiring and it is vital to the towns survival. It's very disappointing to see the town shut the doors of a family run business. Family run farms are the backbone of our community. Just as the potato farms of the past had farmhouses so should Southold Farm &Cellar's. We need to support our young business owners not closing them in the vital money making time. Local family run business keep money coming into Southold. I strongly urge you and the rest of the town to remove the cease operation order and restore this family run business. It's time to start supporting our young entrepreneurs that will keep Southold on the map. Melissa Springer 1 Toth, Vicki V From: Rob Shepard <mjstcdnce5@optonline.net> Sent: Saturday,July 11, 2015 5:59 PM To: Toth,Vicki Subject: Disgraceful treatment of local businesses Hello, I read in today's Newsday that the town of Southold has forced Southold Farm &Cellar to close its tasting room. I would think the town would be doing everything it could to help facilitate the acquisition of proper permits in order to help the local economy and its residents. While it's important for local gov't to regulate and enforce zoning issues, it's also important for it to work FOR the residents and especially in an area that it will ultimately help itself! My wife and I are wine drinkers&collectors. We are very proud of the eastern end of Long Island and look for opportunities to bring our out-of-town &local friends who are unfamiliar with the area out by you,to show off"our" fabulous up &coming vineyards. In the interest of tourism, good economic principles and neighborliness,you should be ashamed of yourselves for giving these folks a hard time and should assist them as quickly as possible (before the season heats up) in getting the proper permits to run their business effectively. Thank you, Robert Shepard 516-761-0387 1 Toth, Vicki N From: Victoria Boecherer <victoria.boecherer@gmail.com> Sent: Sunday,July 12, 2015 1:12 AM To: Toth,Vicki Subject: In Support of Southold Farm + Cellar Dear Ms. Toth, I am writing to you tonight; during my precious family-only weekend time, in support of Southold Farm+ Cellar, which has been suddenly shuttered. As Northforker journalist Vera Chinese wrote, "the unexpected closing of a tasting room during the busy summer season can be devastating to a small producer [-- especially] one that will experience huge start-up costs this year," meaning that Southold Town's decision to effectively close this tasting room in order to resolve the mystery error in question may very well bankrupt this business in its infancy. Between the recent invasion of national chains and superstores and the blight of the Long Island "Brain Drain," the East End's small business economy --namely, its wine and tourism industries, are especially vulnerable as our local and national economy struggles to redefine itself following the recession. Do you really want to make survival more difficult for those in our most successful industry? Do you want to scare away other aspiring entrepreneurs from entering an industry plagued by bureaucratic snafus? Whatever "error" or obscure legal "gray area" is plaguing Southold Farm+ Cellar, I urge you to work it out. Let these struggling business-owners contribute to our community, as they desperately want to do. Sincerely, Victoria Boecherer Victoria Johnston Boecherer Writer, Sterling Registry, Pinnacle Registry victoria.boechererggmail.com (631) 509-2770 1 Toth, Vicki From: Thomas Baumann <tbpb@optonline.net> Sent: Sunday, July 12, 2015 10.11 AM To: Toth, Vicki Cc: Thomas Baumann Subject: Southold Farm and Cellar Dear Ms Toth I am writing in support of Southold Farm and Cellar, a small family owned winery and farm within your jurisdiction.Traveling several times from Mount Sinai my wife and I and many of our neighbors have enjoyed visiting Southold Farm and Cellar in addition to nearby restaurants,farmstands and other attractions in Southold Township. Unlike other large wine producing operations this enterprise is not now nor will it ever be a huge undertaking replete with loud bands and crowded tour busses.Their intent is to remain a small family owned and run undertaking. Surely the business can continue to operate with the small tasting room and an additional modest processing building. We urge you to positively consider our request. Sincerely Thomas and Patricia Baumann 16 Louden Loop Mount Sinai, NY 11766 631 828-5437 1 Toth, Vicki From: Tom Kammerer Contracting Inc. <tom@kammererinc.com> Sent: Sunday, July 12, 2015 3.00 PM To: Toth, Vicki Subject: Update Hello Vicki; I am a building contractor in the town of Sag Harbor, and want to add my name to the growing list of people in support of the Meador family and their winery. Surely some agreement can be worked out between the town and this family. I would be willing to lend my assistance in any way that I can. Thank you! Best Regards, Tom Kammerer P.S.And I don't even drink alcohol...! Sent from my Whone 1 Toth, Vicki From: Zor Gorelov <zor@kasisto.com> Sent: Sunday,July 12, 2015 10:12 AM To: Toth,Vicki Subject: Southold Farm and Cellar Dear Vicki, I am writing in support of this tiny but really great winery. I have only recently discovered their wines and, as a wine enthusiast who frequently visits North Fork, I can confidently say that Regan makes some of the most interesting and honest wines around. I don't know what the issues are but I do hope that the family is allowed to continue to operate the farm. Many thanks and kind regards, Zor Gorelov CEO and Co-Fonder Kasisto Inc. 1 W Toth, Vicki From: Andy Klein <agklein@gmail.com> Sent: Sunday,July 12, 2015 6:28 PM To: Toth, Vicki Subject: Let Southold Farm + Cellar continue to contribute to the community! Dear Mrs. Toth, As a government employee, I would like to think that your primary duty -- at its very core -- is to help foster the community, and to ensure its long-term sustainability. The Meador family at Southold Farm + Cellar is contributing to this cause. They are good citizens and have made every good faith effort imaginable to work within the rules and restrictions that the town has established. To threaten their livelihood at this late stage seems egregiously unfair, especially given how much they have already contributed to the community, and how much more they will likely give. I strongly encourage you to reconsider your current position and allow them to re-open their doors for business. Regards, Andy Klein 1 V%41 Toth, Vicki From: rick cohen <rickc382@gmail.com> Sent: Monday, July 13, 2015 10:23 AM To: Toth,Vicki Cc: rm@southoldfarmandcellar.com Subject: Southold Farm+Cellar Dear Ms.Toth, I am writing in hope that you will find a way to allow Southold Farm+ Cellar to continue operating as is. They're a lovely family, have wonderful product, and epitomize the American dream. They are actually ambassadors of the North Fork where we vacation every June. I wholeheartedly support wanting the North Fork to remain quaint and idyllic and not overdeveloped. I love the Farms, Vineyards, nice towns, beaches, restaurants, etc. Southold Farm+ Cellar fits the description perfectly. Please reconsider your position, and hopefully encourage others to fulfill their dreams on the North Fork. Thank you. Sincerely, Rick Cohen Rick Cohen Personal e-mail 917.991.1728 cell 1 Toth, Vicki From: Jeff Caravella <jeffcaravella@gmail.com> Sent: Monday,July 13, 2015 10:50 AM To: Toth,Vicki Subject: Support for Southold Farm and Cellar Viki, I am writing to place my firm support behind the town putting in place mechanisms to get Southold Farm & Cellar back up and fully operational. My residence is located here in Southold and I live here for a few simple reasons --- The beaches, the agriculture/viticulture. Southold Farm and Cellar, as you know, is located on a very quiet road where I run and cycle quite frequently. The work they do there is not all disruptive to the environment as compared to a more"notorious" and well documented winery located on 48. It is the epitome of what I would consider what makes this town special in so many ways. I would ask the town to please carefully consider the implications and look towards efficient ways to get them back up and running. Best, Jeff Caravella i Toth, Vicki From: Jamie Foran <jamie.foran@gmail.com> Sent: Monday,July 13, 2015 11:34 AM To: Toth, Vicki Cc: rm@southoldfarmandcellar.com; Eric Foran Subject: Please keep Southold Farm + Cellar open Vicki Toth Zoning Board of Appeals 54375 Main Road(Office Location) 53095 Main Road(Mailing/USPS) P.O. Box 1179 Southold,NY 11971-0959 Dear Vicki, I am writing in support of Southold Farm+ Cellar. As a huge supporter of the vineyard and what Regan and Carey have created in Southold,please consider re-opening their tasting room'. My husband and I own a home in Southold and understand the pride the town has in keeping the North Fork green and preserving land for farming (with the Peconic Land Trust). Southold Farm+ Cellar has clearly demonstrated its intent to be part of these initiatives and has planted the crop they know best and that they can live off of. Southold Town should not limit a family's ability to capitalize on the investment they've put into their property and the farm. Please allow Southold Farm+ Cellar to continue operating the tasting room until a reasonable solution of the issues are discussed. It is unfair to close the tasting room entirely given that they've been completely upfront with they intended to do. Sincerely, Jamie&Eric Foran Email:jamie.foran&amail.com Address: 1150 Laurel Ave, Southold,NY 11971 i �J Toth, Vicki From: LP Burns <Ipburns2015@gmail.com> Sent: Monday,July 13, 2015 1:26 PM To: Toth, Vicki Subject: Southold Farm &Cellar Hello Ms. Toth, I am a local resident and wine industry employee, writing in support of Southold Farm& Cellar's winery business. I've been a customer, visitor and fan of Carey &Regan Meador's winery since it opened, and have found them to be responsible and professional members of the local community in my interactions with them on site, on line, and in other settings. In less than two years, they have built up an enthusiastic following of wine lovers and farm supporters, locally and across the region. In my experience, they are excellent advocates for the North Fork community, values and culture, and they represent the best of the next generation of young farming families whom we need to attract, incentivize and support if we want to maintain the rich agricultural heritage and economic viability of our region. Carey &Regan are responsible, fiscally prudent business people who have made a significant personal investment in establishing their winery business in Southold, and I hope that any administrative issues can be addressed while they continue to run the winery operation that sustains their family and business. I am unable to attend the August 6th hearing, but hope that this letter will serve as testimony of my support for Southold Farm & Cellars as well as my plea for permission to be granted for the continuation of their business while other issues are resolved. Many thanks, Lynne Burns 6145 Bridge Lane Cutchogue Lynne Burns LPBzirns2Ol5@gmail.com 1 Vicki Toth, V�c From: Matt Covey <mattcovey@gmail.com> Sent: Tuesday,July 14, 2015 12:08 PM To: Toth,Vicki Subject: Letter of Support for Southold Farm and Cellar Dear Chairperson Leslie Weisman, I was saddened to learn that the Town of Southold has required Southold Farm and Cellar to cease its operation. I have been fortunate to get to know Regan since he embarked on this project to create a farm winery for his family where he could tend to his land,produce remarkable wines and invest and support the community of Southold and the North Fork as a whole. My interactions with Regan have shown me that he and Carey genuinely care about the land,their neighbourhood and their larger community and they would not act in any way to adversely alter that. To that end SF&C is free from the agri-tainment trappings that have come to "standard" fair at other local wineries and in all of our visits we have never seen any indication that SF&C is or is planning to join this somewhat disturbing trend. As such I feel that SF&C will always be positive and accommodating of their neighbours, at all times respectful of their location and environment. I wholeheartedly support Regan, Carey and SF&C and I sincerely hope the Town of Southold reverses its current decision and allows SF&C to resume its operations as soon as possible. Yours sincerely, Matthew Covey 1 �e Toth, Vicki From: J Barba <jaybarba@yahoo.com> Sent: Tuesday,July 14, 2015 9:04 PM To: Toth,Vicki Subject: Southold Farm and Cellar Dear Chairperson Leslie Weisman, I wanted to send you a brief email to petition you to let Southold Farm and Cellar continue to operate. My wife and I come frequently to the North Fork, and were delighted to discover Southold Farm + Cellar last year. I am admittedly not up to speed on all the issues causing the issue, not am I from Long Island (rather, Brooklyn.) All I can say that is Southold fast become one of our favorite places to visit, and had introduced your town to us. We had not visited Southold prior. It seems from an outsider's perspective that Southold Winery was an asset and good ambassador for the town, and I hope in that regard you can rule to allow them to continue operating. Thanks Jay Barba 917 734 6331 1 A V� Toth, Vicki From: zipper8650 <zipper8650@yahoo.com> Sent: Tuesday,July 14, 2015 9:27 PM To: Toth, Vicki Subject: Southold Farm + Cellar Ms Toth, I am writing you today in support of Southold Farm + Cellar. I am born and raised on eastern Long Island and grew up around multiple farms. It's not hard for me to support any Long Island farm that supports a small family. I understand that every town has its own code but I urge you please be certain that Southold Farm + Cellar is being held to the same standards as others that are may be operating in a similar fashion. Thank you for your time, Mark Hill 631-294-8283 i VJ Toth, Vicki From: Frank DeGrazia <coachfrank67@gmail.com> Sent: Wednesday,July 15, 2015 11:05 AM To: Toth,Vicki Subject: Southold Farm &Cellar Ms. Toth, We have , on many occasions, experienced the hospitality of Southold Farm & Cellar, and appreciate what they are trying to create. Hopefully whatever issues that may be threatening them to continue can be resolved in the near future. thank you Frank DeGrazia i Toth, Vicki From: Mark Kretzer <markkretzer@gmail.com> Sent: Wednesday,July 15, 2015 11:49 AM To: Frank DeGrazia Cc: Toth,Vicki Subject: Re: Southold Farm &Cellar Hi Vicki, Me, my wife, and brother have visited Regan and his family twice at their vineyard. We learned about them from reading and excellent article in Edible East End magazine. Their modest intentions with this winery are commendable and were so impressed with their genuine interest to get to know us with our conversations with them. Such great people. I know many people would be greatly disappointed of their business were to be halted. Be well Mark Kretzer On Jul 15, 2015 11:04 AM, "Frank DeGrazia" <coachfrank67@gmail.com>wrote: Ms. Toth, We have , on many occasions, experienced the hospitality of Southold Farm& Cellar, and appreciate what they are trying to create. Hopefully whatever issues that may be threatening them to continue can be resolved in the near future. thank you Frank DeGrazia i �J Toth, Vicki From: Eileen Shannon <eileen@openhousekids.org> Sent: Wednesday,July 15, 2015 12:50 PM To: Toth, Vicki Subject: Re: Southold Farm and Cellar, Inc July 15, 2015 Re: Southold Farm and Cellar, Inc. (Meador#686) Southold Town Board Dear Board Members; I am a homeowner in Southold and wish to express my support of Regan Meador's request for an agricultural production building set-back variance under Article III Code Section 280-13A(4). Although the zoning board is responsible for enforcing code as written to protect the community,the variance process exists as remedy when "common sense"makes more sense then the code. A variance should be provided to Southold Farm and Cellars because it will provide a greater benefit then harm to the community of Southold. Southold Farm and Cellar is a true family run endeavor. The Meador family is working in the tradition of the American farmers and entrepreneurs that made America great. They have both a philosophical commitment and business model that embraces a gentle, sustainable and productive use of the land. The Meador's are our neighbors and expect to be accountable and contribute to our community. They have taken great risk and put heart and soul into The Southold Farm and Cellar. Please pass the requested variance so they can continue to operate their business. The variance will signal the Town of Southold's support for family run businesses and ethical economic growth. Sincerely, Eileen Shannon 1650 Meday Avenue Mattituck,NY 11952 i V4 \ Toth, Vicki From: Alison Lew <alew@vertigodesignnyc.com> Sent: Wednesday,July 15, 2015 4:49 PM To: Toth,Vicki Subject: Southold Farm + Cellar To whom it may concern, Please allow the Meador's at Southold Farm +Cellar to re-open all of their operations as a family farm winery. As one of their neighbors on Old North Road, it's been wonderful to watch their progress transforming the run-down and empty land and buildings into functional, productive and beautiful spaces. They've improved the neighborhood, are lovely people working on a terrific small business, and we enjoy having them down the street. They deserve to be treated fairly. I sincerely hope that they will be back in business as soon as possible, Thank you, Alison Bloomer 1 �qo Toth, Vicki From: Kirk Miller <kirk@millersoath.com> Sent: Wednesday, July 15, 2015 7:14 PM To: Toth,Vicki Subject: Concerned Neighbors of the Southold Farm + Cellar Dear Ms. Toth, I hope this finds you well and enjoying summer, I have just received a very concerning letter from our neighbors at the Southold Farm+ Cellar- it seems they have been shut down by the town due to permit issues/zoning issues. I was more than disappointed to get the news as what they have done should be supported and celebrated by the town -rather than be shut out and shut down. It seems to me the life blood of the North Fork and what sets it apart is staying true to the agricultural roots of its past and all it is known and enjoyed for. It is beyond me how a small farm and vineyard, run by an incredible young and passionate family could be denied permits or what have you to offer an honest and wholesome experience of the true character of Southold - far from a large scale and dare I say whitewashed corporate experience in most other "vineyards" this is one true bastion of AUTHENTIC growing and selling. I would like to take this opportunity as someone who has been in Southold for the last 9 years - that I am really disheartened to learn that you have shut down this family business - for what purpose could it possibly serve? I would be happy to speak about this further should your schedule allow. A very distressed citizen. Kirk Miller Kirk Mi_11er Mi11_er' s Oa-th 510 Greenwich Street New York, NY 10013 +1. 212 . 219. 9965 www.millersoath. com 1 Toth, Vicki From: JAMES MATTIMORE <mattimj@optonline.net> Sent: Friday, July 17, 2015 2:22 PM To: Toth, Vicki Subject: Southold Farm and cellar Dear Leslie: Please help the Raedor family get the correct permits;they're good persons with two young children. JIM Mattimore Coram, ny i Toth, Vicki From: Beatrice DUPONT <beadupont44@gmail.com> Sent: Friday,July 17, 2015 3:12 PM To: Toth,Vicki Subject: Fwd:farm and cellar old north road > Dear Mrs Toth > I am a Southold resident and have never met the Meador family. > I have admired the restoration they did on an old derelict building turning it into a nice farmhouse in harmony with the surrounding area. > I am heartbroken for this young family who is trying to make an honest living and is now facing dire financial circumstances due to the closing of their operations at the beginning of summer. >While I perfectly understand and support zoning restrictions and the need for permit to operate a business, I sincerely hope you will find a compromise so Farm and Cellar can resume their business. > Frankly, I am more dismayed by the accumulation of broken down.trucks, boat trailers etc on Old North road , across from Farm and Cellar, which makes the area look like a dumping ground. >A tasting room in a restored barn and a vineyard are beautiful to look at..Ajunk yard is not.Why has the Town done nothing to prevent the accumulation of rubbish on the other side of the road and is now punishing a young entrepreneur who has beautified his land and home? Please help the Meadow family thru this ordeal. >Wishing you a nice week end > Beatrice DUPONT > 18725 Soudview avenue >Southold �40\ Toth, Vicki From: Melissa Knock <maknock@gmail.com> Sent: Monday,July 20, 2015 10:43 AM To: Toth,Vicki Subject: Southold Wine + Cellar Dear Ms Toth, It has come to my attention that Southold Wine+Cellar has been asked to cease all operations by the Town of Southold.I'm not sure what violations they have made to local laws,but I can say that as a patron of the vineyard I saw no difference in the way Regan and Carey were utilizing their property versus the other vineyards on the North Fork,of which I also frequent. It seems to me that they are simply living on the land they farm,selling the product they grow.I'm from the midwest,my father grew up on a farm that is still operational and my grandmother still lives there.Living on the land and dedicating your life to your crop is the quintessential definition of a farmer.There is a huge movement right now in local farming and I think supporting our local growers should be a priority. I look forward to hearing about how this situation develops.I hope that you,and the Town of Southold,will come to see Regan and Carey's mission as a beneficial addition to the town and allow them to continue to grow their crop,their business and their family. Thank you for your time, Melissa Knock Melissa 1 Toth, Vicki From: Gottesman, Maxwell E. <meg8@cumc.columbia.edu> Sent: Tuesday,July 21, 2015 1:16 PM To: Toth, Vicki Subject: Southold Farm and Cellar Dear Ms Toth, As a homeowner in Southold, I am most distressed by the closure of the Southold Farm and Cellar.They are a wonderful young couple who are producing extraordinary wines.Their enterprise should be rewarded, not suppressed. I hope that you can show some flexibility and allow them to reopen their vineyard. Sincerely, Max Gottesman M.D. 1 %0 Toth, Vicki From: HARRIET ABRAHAM <harriet.e.abraham@gmail.com> Sent: Monday,July 27, 2015 6:27 PM To: Toth, Vicki Subject: Southold Farm &Cellar Please do all that you can to make sure that SF& C can open again. They are wonderful local people running a great business and it is unconscienable that you have shut them down. This needs to be recifitied! r" Toth, Vicki ll� From: Elliott,James T- NEW YORK NY <james_elliott2@ml.com> Sent: Thursday,July 09, 2015 12:14 PM RECEIVED To: Toth,Vicki Subject: Southold Farm + Cellar JUL ®9 2o15 ZONING BOARD OF APPEALS Vicki, As a taxpayer and part-time resident of the Town of Southold, I was very disheartened to learn that the Southold Zoning Board of Appeals is requiring Southold Farm +Cellar,to cease operations immediately. I am incredibly disappointed by the short-sighted and bureaucratic judgment that was enacted on Regan, Carey and their family's small business. In the short amount of time they have been open,Southold Farm +Cellar has managed to significantly improve the reputation of Long Island wine by focusing on the quality of their product and honest, educational discourse with their customers. In a town where many"wineries" seem more concerned with attracting busloads of inebriated, disrespectful and reckless groups, Regan and Carrie's approach should be welcomed by the town with open arms. I encourage you to support Regan and Carey in their attempt to continue building on their early successes which are aligned with the best interest of the Long Island Wine Region and the Town of Southold. Respectfully, Jimmy Elliott 908-247-6610 This message, and any attachments, is for the intended recipient(s) only, may contain information that is privileged, confidential and/or proprietary and subject to important terms and conditions available at http://www.bankofamerica.com/emaildisclaimer. If you are not the intended recipient, please delete this message. i I Toth, Vicki r,Q From: Meredith Little <mlittle88@gmail com> RECEIVED Sent: Thursday, July 09, 2015 11:31 AM JUL —9 201g To: Toth,Vicki Subject: Support for Southold Wine + Cellar ZONING BOARD OF APPEALS Dear Ms. Toth: As a taxpayer and property owner in Southold, I am agast the town would shut down Southold Wine+ Cellar. The owners have set up a small, well-managed business that should be considered by the town as a solid example of how to run a vineyard, winery and tasting room in the region. There are no large dance parties;no gaggles of people guzzling wine, no traffic impediments to the neighborhood, only a husband and wife who decided to showcase what the soil and climate of this area can produce when love and attention is given. They drive revenue for the area, are an excellent example of a serious wine producer that this region could do with more of, and are a family dedicated to being good neighbors and citizens. Please reconsider your actions. I look forward to hearing more at the August 6th meeting and hopefully seeing positive steps towards rectifying this poor decision. Sincerely, Meredith Little 4105 Wickham Avenue Mattituck,NY 11952 i Toth, Vicki Ab RECEIVED From: Elizabeth Fletcher <efletcherf@aol.com> Sent: Thursday,July 09, 2015 12:54 PM JUL o 0 2015 To: Toth,Vicki ZONING BOARD OF APPEALS I support what Southold Farm and Cellar are doing. I agree with their idea of keeping it small and living on the land they are farming. Let's not scare our young people with their hopes and dreams away. Please work with them to make this right. Elizabeth Fletcher Jon Fletcher Mattituck, New York Sent from my Wad 1 Paul & Susan Brinkman 75 Highland Avenue Patchogue,NY 11772 (631)475-1992 August 3,2015 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals--Town of Southold 53095 Route 25 -P.O. Box 1179 Southold,New York 11971 RE: SOUTHOLD FARM and CELLAR,INC. (MEADOR)#6861 Dear Ms. Weisman, It is our understanding that this application will be before you on August 6, 2015. This letter is to wholeheartedly support the requests made by the applicants. We have come to know Regan and Carey over the past two years as they began building their dream home and business in Southold. As Suffolk County residents and frequent visitors to your lovely town,we hope that our comments will help to sway your decision in favor of their appeal. Southold is a unique township on Long Island,providing some of the most fertile ground and optimal climate for growing crops. This is especially true for growing the grapes necessary for outstanding wine. Geological surveys have been conducted and scientifically prove this fact. With limited land left available for establishing a viable vineyard, including the sale of the fruits of their labors,the hardship relating to this property is unique and does not apply to a substantial portion of the neighborhood in question. With mutually agreed upon covenants and restrictions, an immediately adjoining property owned by this family could easily absorb the necessary requirements of the code. Stipulations to protect the essential character of the neighborhood should the properties be sold can easily be put in place. The current town zoning code does not adequately provide for the nuances of this rapidly growing,economically viable,type of agricultural business. Regan and Carey have a philosophy and passion for this industry that should be cultivated and allowed to blossom to its greatest potential. They believe in being good community members. They are choosing to raise their own family and live alongside their business. This should be applauded, not rebuked. They have a vested interest in insuring that the quality of the neighborhood is not adversely affected by their actions. There are surrounding businesses that have proven to be acceptable uses with similar requirements. For example, Shinn Winery has a very similar use and has not adversely affected their surrounding neighbors. Within the immediate vicinity of Southold Farm &Cellars is a blueberry business with workers living in the onsite farmhouse. This model was fully supported by the town. It is our hope that you are able to see the great benefit that this family, and their winery, can bring to the Town of Southold. We are grateful for your time and consideration of this request. Sincerely, _ f Paul & Susan Brinkman Toth, Vicki From: Susan Brinkman <susan@brinkman5.com> Sent: Monday,August 03, 2015 8:56 PM To: Toth,Vicki Subject: Meador Support Letter Attachments: Meador Letter of Support.pdf Dear Ms. Toth, Attached please find a letter of support in reference to Southold Farm& Cellar, Inc. #6861. It would be greatly appreciated if you could ensure that it is read into the record at your August 6, 2015 ZBA meeting. Thank you for your kind assistance in this matter, Best regards, Susan Brinkman i Toth, Vicki From: bulldogachersl@yahoo.com Sent: Tuesday,August 04, 2015 7:46 PM To: Toth,Vicki Cc: Barbara Gordon 1 Subject: Fw: Southold Farm &Cellar. ---On Tue, 8/4/15, bulldogachersl@vahoo.com <bulldogachersl@yahoo.com>wrote: > From: bulldogachersl@yahoo.com <bulldogachersl@yahoo.com> >Subject: Southold Farm &Cellar. >To: "Vicki T" <vickitoth@Town.Southold.ny.us > >Cc: "Barbara Gordon"<bulldogachersl@vahoo.com> > Date:Tuesday,August 4, 2015, 2:55 PM My name is Leon Gordon, my wife >is Barbara. Barbara was born in Greenport in 1935, 1 am 5 years older. > I was a resident of Southold town from early 1953 while serving in the > military until)we both retired and sold our home in Cutchogue in 1996 >and relocated to Hereford, AZ.We have continued to subscribe to the >Suffolk Times so that she can receive news from her, "home town". >We are both concerned about the Southold &Cellar debacle. I am >aquainted with the previous owners of that property who had resided at >that location for decades.The fact that the Meador family with their > lovely children have been deprived of their livelihood after having > made a considerable financial investment is appalling.We are also >aware personally,that Ms. Latham has been a troublr maker to a > resident residing on that property going back to the early 1980"s. > Nuff said. > But shortly,you and your group will be required to make a heart > rendering decision,one with many difficult ramifications. We believe >that you are all reasonable folks. >As such, it is reasonable to expect that normal prudent folks can sit >down and just be reasonable. Many years ago when I was an engineering > petty officer in the Navy, our ship was operating in unfriendly >waters.At that time we had suffered an "engineering casualty",the >function to provide fresh water from sea water was compromised. >The captain, a young lieutenant Commander came down into the >engineering space where this equipment was located. He quickly sized > up the situation. He observed the repair crew at work.He spoke in a >clear non intimidating tone.All he said was, "MAKE IT HAPPEN", and we >did.That phrase is just as relevant today as it was in 1951.All of >you have the opportunity to,just make it happen. I guarantee that you >will all have a good warm feeling as well the caoacity to sleep well >at night. i >As for Ms. Latham, perhaps some one might gently suggest that she >volunteer a few days each week at the animal shelter. It could prove > mutually beneficial to all parties. > > Respectfully submitted, > Mr. & Mrs. Leon Gordon 2 Toth, Vicki From: Erin Clark <erin clark07@yahoo.com> Sent: Wednesday, August 05, 2015 9:46 AM To: Toth,Vicki Subject: In Support of Southold Farm + Cellar Dear Vicki, I'm writing today to voice my support of Southold Farm + Cellar. I believe the operation that Regan and Carey Meador have built is a positive sign that small farming is still alive and well. It would be such a loss for not only the community of Southold but of Long Island, and quite honestly of the US, if they are not allowed to continue to pursue their dream. We need more families like the Meadors who are brave enough to start a family farm in order to maintain the highest quality of crops. Their small production which offers limited varieties of grapes is exactly what makes the wine country in Long Island so unique. Please help us ensure that this won't be lost. We have enough mega producers. we need more family businesses. Thank you in advance for your support. Kind regards, Erin Clark 1 Toth, Vicki From: RWHARKEN@aol.com Sent: Wednesday,August 05, 2015 1:19 PM To: Toth,Vicki Subject: Southold Farm &Cellar Dear Ms. Toth, am writing to you regarding the rezoning effort of Regan Meador and his wife Carey (a life long Southold resident), owners of Southold Farm &Cellar. Their appeal is scheduled for 10:00 AM tomorrow. I have visited their location on five different occasions and was treated to a wonderful wine tasting experience. They have a very small tasting room that can accommodate 8 - 10 people and are not interested in expanding. They are definitely not interest in the limo and party crowd, as they are serious wine producers looking to bring great wines to the North Fork. If you are familiar with Shinn Vineyards, they are very similar in size and philosophy. They are both in their mid 30's with 2 children, 2 and 7 months, looking to establish a longterm business. I would hope that the Town of Southold would be keenly interested in providing growth opportunities such as this for this age group. The alternative for them is to leave and start over again somewhere else. Every community has their"disgruntleds"who look to prevent change and keep the status quo. I my Village we have a person who write a"Letter to the Editor" every week to complain about something. They are just unhappy people. Their website is www.southoldfarmandcellar.com if you would like to take a look at their property and understand their philosophy. Please add or read my email at the hearing tomorrow in support of their efforts. Regards, Rick Harken 1 010 Toth, Vicki From: david lynn <dndlynn@verizon.net> Sent: Wednesday,August 05, 2015 12:02 PM To: Toth,Vicki Subject: Southold Farm + Cellar Dear Ms.Toth, I am e-mailing you in support of Regan and Carey Meador, and Southold Farm +Cellar. I know that I do not know the exact particulars of their variance issues, nor am I an attorney, but I have been through the variance process myself. I do know the time it takes, and the stresses it can put on your business and it's finances. I do believe that the Meadors must have done their research, and must have been given some assurances that the business they wished to start would be legal under the Town of Southold's laws.The massive undertaking and the risks involved warranted such prudence.That being said, I am sure that the Town of Southold wishes to support family owned and operated farms on Long Island.The Meadors have taken a corporate owned and abandoned building and farm, and brought it back to it's Long Island roots, as a family run farm. Each time my family and I have visited the Southold Farm +Cellar's tasting room, it has been a quiet and low key environment.All that I can ask, is that the Meadors be treated fairly under the law.As far as I can see, we need to encourage family owned and operated farms like Southold Farm +Cellar. Sincerely, David S. Lynn DDS 1 Millwood Gate Hicksville, NY 11801 dndlynn@verizon.net 1 Toth;-Vicki From: lisa messina <messina.lisa@gmail.com> Sent: Thursday,August 06, 2015 5:55"AM To: Toth,'Vicki Subject: Leslie Weisman re Southold Farm + Cellar Hello, I am writing in support of Southold Farm+ Cellar. I am sure that you know many things about the Meadors: that they have incredibly strong ties to the community, that they are passionate about their business and that this is a family business. Southold Farm+ Cellar is their business and their home. 1 have been friends with them for years and I have been out to visit many times and have seen how far they have come. They want to be able to live and work on their land. I do not know all of the intricacies of town permits and licenses. I do know that Carey and Regan are honest, hard working, ethical people. They want to raise their family and continue to produce locally made wine. I know that they are doing everything they can to resolve this issue. Sincerely, Lisa Messina 1 - ./ �� ^ �� Piy��J� ,. ` a a •: rP�"r � ' a-' r � t° x k�,g � �R t ,r �i. - ��r -„`erg .,� ,�,, m, I ` , �,��.t,,., � �.���� � �,,, H .� � '��` :: r� � < i �� t "r`y<w+ �"�. z� e �� p �.,.. r .6*� � '*.. f._ s �;._�- r _ �" s r . � �•� .� 'r,� r - 4 � __ � r� � �� i r ,.�< � °� : .. �. .� v.. � � � �` ����= i � ''* ° � t�� N � �� v, t i!• _ _. �. �. �€4P. - � . . Southold Farm+ 'Cellar'Effectively Closed to the Public'... Page 1 of 15 WEST)) WATCH LIVE: D.C. Bald Eagle Cam Egg Hatching (http://patch.com/new-york/'northfork/s/fnriwr/watch-live-d-c-bald= eagle-cam-egg-hatching) Sou-thold- Farm , + Cellar ' Effectively , Closed to the Public' After ZBA , Denies Variances The Meadors, who have had an outpouring of support from the public, said on Thursday: "Our hearts are broken," North Fork, NY By LISA FINN (Patch Staff)- (http://patch.cdm/users/lisa-finn-221 e4bec) O March_ 17, 2016 11:18 pm ET http://patch.com/new-york/northfork/southold-farm-cellar-effectively-closed-public-after-z... 3/18/2016 Southold Farm+ Cellar'Effectively Closed to the Public'... Page 2 of 15 1. :.y5"�• —r'Y:%'.`C' ���' '�' fir.- _ 't.,, ;-��a tti'i - . , ..f - S .. '•t•- n '"F^,{ 't�' wee e"i:`.:r., � :4- : <:� .- ,. a " � ..�., �t 't� e:. ,*u'r.nA:"e'9�'..r^'- _-- _,.. _...n. .. _ _ _..x ....-r _, ..,_. ...v- •. � '"" .-..-,. 1 t: AQ.a, .i.ir;.'^.:tn` 'Y,. 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"'.,y k',`'.:`ij. ,�.� r;'v. ,}, *'>; 'y:``, 141"^a�b,;�'�."r,".'+z�':.r:.:�E,�,t" X�.t:^�p,�'a1t:. ,���. �;"•. ;y';."�`1 ` .'Pv.\4'w.rv._. ? �s "!k, - «ls "� r S S ';4 •%}�...\."� .:t'�'::t�k � -;t�t_ �,'a r4i�°t x.yt�'.. ',�',��',i.',r'` �4µ �,',`.. i'". .:+a?r*•`s" y, ` x i:5,'.�' �-a4.;_4?=r,^':c'�'t"� ",`�.t_; � =x E'r":Ali• '�-': .�:,er s�v# _ .'C >4W:�y�;c;'J�' "-4.,Rs.c.- _ - ,;>d i..^.t, d.:Y` r�F� b';,.PY -�i,, 'E�''�_ �h.f. `�dr G,���", •ir; �s. ..'�y.�:r ir..,?u: ,;yi�g'��,-.>;�;.'.t�'' °�`r �` ^>�.:`c,"'t"' .'ft'✓ r;i" ,"s,:.,;",_ &'"sl`"i..dW�r - ��";�•,-�- y'�",s;`�' "per::. x.sa....;,.ur,,,._ ,m,,,.,, __ °-1,?"�yi.r..'�.'r'; .b ,+fe,..r,',,,.m'!.`.:.•.�,t`:»4>e4.�ue�,o;sL>r,t a;,,.',,r, ..L,. wt?, NORTH FORK, NY-A long road before the Southold Zoning Board of Appeals ended in defeat tonight for the owners of Southold Farm + Cellar, who saw the variance they'd requested denied. "Tonight the Southold Town Zoning Board of Appeals saw fit to deny us a variance from a very recent interpretation of their bulk schedule. This effectively means that Southold Farm + Cellar will cease to exist as many of you have come to know us; our property is effectively closed to the public. Our hearts are broken, to say the least, we do not know what will come next or how/if we will be able carry on, but we will certainly let you know when we do," Regan and Carey Meador wrote on Facebook. http://patch.com/new-york/northfork/southold-farm-cellar-effectively-closed-public-after-z... 3/18/2016 Southold Farm+ Cellar'Effectively Closed to the Public'... Page 3 of 15 "More importantly, we want to thank each of you, from the bottom of our hearts, for all of your support and kind words throughout this whole ordeal. These will certainly be difficult days ahead, but we will carry with us the hope that you have all given us. Sincerely, Regan, Carey, Coralai and Sawyer," they wrote. The battles have been constant: Just last month the Meadors received notice that they must appear before the New York State Liquor Authority at a hearing to determine whether their liquor license (http://patch.com jnew- york/northfork/southold-farm-cellar-facing possible-liquor-license-revocation- called-sla-hearing) would be revoked or canceled. The Meadors had their tasting room shut down last year by Southold-Town code enforcement because they opened without necessary approvals, the town said. The winery had a certificate of occupant�(http://patch.com/new- york/northfork/local-winery-closed-down-after-operating-without-proper- ermits for a single family dwelling and an open permit for a farm stand, -according to Michael Verity, Southold's chief building inspector, who sent out code enforcement to their business. "They do not have the certificates to do what they're doing or approval from other agencies,"Verity said. The enforcement went out after receiving "multiple complaints" in the past, according to Verity. According to a post on''the Facebook page, the winery shut down after the Southold Town officials asked them to "cease all operations or face fines and/or jail time." http://patch.com/new-york/northfork/southold-farm-cellar-effectively-closed-public-after-z... 3/18/2016 Southold Farm+Cellar'Effectively Closed to the Public'... Page 4 of 15 The winery opened in 2014 after the family purchased the land in 2012. "We had sought guidance with the town and have been completely upfront with what we intended to do," a Facebook post on the Southold Farm + Cellar page read. "We have been working with the town for over a year to correct an earlier error and have now found ourselves mired in grey areas, far past our simple understanding of town code." According to Verity, the town asked for compliance and made a verbal request for the couple to shut down. The Meadors initially received a notice of disapproval for a building permit for construction of an agricultural production building at less than the code minimum required setback of 10o feet from a major road, according to the ZBA. "Rather than purchasing additional land and building beautiful facilities that could host large crowds and weddings, we would save ourselves the overhead, stay small, rely on word of mouth and just farm and sell our product, nothing more, nothing less," the family wrote on the Facebook page. The winery continued to sell wine on their website even when closed. Open for business More from North Fork Patch- • WATCH LIVE: D.C. Bald The business later reopened and faced no Eagle Cam Egg Hatching (http://patch.com/new- .: pushback due to a "loophole" in the code } s if an application is before th york/northfork/s/fnnwr that says PP e live-d-c-bald-eagle-cam- ZBA no enforcement action can be taken egg-hatching) L 1J town officials said. • Mattituck-Laurel Civic ; .. Meets to Discuss Results Jvl _ _Trnffir �'�Imincr Drnin�i- _ ` http://patch,com/new-york/northfork/southold-farm-cellar-effectively-closed-public-after-z... 3/18/2016 Southold Farm+ Cellar'Effectively Closed to the Public'... Page 5 of 15 (http://p'atch.com/new- The Meadors put a notice on their york/northfork/mattituck- laurel-civic-meets-discuss- Facebook page in September, stating that results-traffic-calming- they were open for business. project) Beloved Pony Swim "After spending the last two months • Potentially Not Dead in working with various agencies, Water organizations and the,Town of Southold, (http://patch.com/new- we took the proactive steps this week to york/northfork/beloved- pony-swim-potentially-not- mitigate the major issues facing our, dead-water) property and,our operation. Now, with • Lucky Military Couple only one issue facing the zoning board Could Win Free North Fork and our every intention to move forward Dream Wedding quickly and completely with the planning (http://patch.com/new- york/northfork/contestants department we have decided to re-open sought-annual-veterans- our doors. In doing so we,will not only be d ay-wed d i ng-give back) able to get back to speaking with each of _ . _�� � .. _ ;.> . you about our wines — including two new ones, stay tuned — but also be able to generate the revenue necessary to keep us afloat and pay for the upcoming harvest, our first and the first for a couple varieties ever on the North Fork. The last few months have been a great education for us and as we've said before, we look forward to being an asset to this town,"they wrote. The Meadors had been before the zoning board of appeals for months, seeking variances. Pat Moore, attorney for the Meadors, has protested the number of adjournments and said the lengthy process had dealt a financial blow to the couple. http://patch.com/new-york/northfork/southold-farm-cellar-effectively-closed-public-after-z... 3/18/2016 Southold Farm+Cellar'Effectively Closed to the Public'... Page 6 of 15 The Meadors have asked the ZBA to approve two variances, one for front yard setback of the new building, second for bulk schedule because the town won't allow a parcel of land they purchased to be counted towards the total acreage. The parcels were merged in September and are now a single 23.E acre property. The second variance is a determination that was made by the town in November. At each hearing, a strong showing of support has come from friends and neighbors who have rallied to the Meadors' defense, stating that their small winery is just the kind of family business Southold Town should be promoting. A few have expressed reservations about the business, but the overwhelming majority of residents who've turned out at past hearings voiced strong solidarity with,the Meadors. Regan Meador has spoken passionately about how he had no desire to turn his operation into a Vineyard 48 type of affair, and has promised that no large crowds or buses would ever be allowed on-site. Instead, he has always maintained that he was looking toward a boutique approach, much like what's found in Europe. Photo: Google maps D http://patch.com/new-york/northfork/southold-farm-cellar-effectively-closed-public-after-z... 3/18/2016 Featured Story 03/17/16 7:02pin Southold Farm + Cellar denied ZBA variances;,is `effectively closed' to public by Rachel Young I " 03/17/2016 7:02 PM No Comments Tweet • . z• } wlyvY.m u, { T"'ra yy_ Y. ,.s }t M1 ,`�..E wQ3,, "N` -i.ti"�. {. .,- *•h.fie., Xnk'.g� "�s' u'•, v, .., as" �� ...,' .,. �.'.`,�' 'rs.'-a. �� � . ., #. ,Y'ti The Southold Town Zoning Board of Appeals has denied Southold Farm+ Cellar's request for variances, casting doubt on the winery's future. The denial means the business cannot construct the winemaking facility it had proposed for its Old North Road property. It also means Southold Farm+ Cellar will have to shut down its tasting room. "Our hearts are broken,to say the least,"winery co-owner Regan Meador wrote in an email following the decision, adding that the business is now"effectively closed to the public." "We do not know what will come next or how/if we will be able to carry on, but we will certainly let you know when we do,"he continued. During a special meeting Thursday evening, ZBA members voted unanimously to deny an appeal from the winery seeking two variances on its property. One variance would have allowed the winery building to be set back 60 feet from the road, instead of the code-required 100 feet. The other would have allowed the Meadors' house and winery to exist on the same parcel. "I think in the end, what we really have to weigh is that the conditions really can't compensate for the grossly undersized substantial variance," ZBA Chairperson Leslie Kanes Weisman said moments before the vote. "It doesn't matter if[the winery] is quiet." a-t=v}4R'-YS,.^4'i^`:L-^`j�•- �'� ''a1m- +r Y � - ° _ - - .... Al ��'', -i.., s�.- "n;�a;"" :sa;,.,3""'r'a+`",.x„_""`.,�t��ri'*;.tt,k.r�,r:t`h_;,: .a• :,t�., n, � - - �';�: -c^,?„�,d ., ,c.:,.pf •5,,�'. .tau o, .:i y,�,�;.a;.w.`�k:�,.'si>.!C€;,;r;.��,z-er :tyFav , ., `i^ry�•"�">�,'`:�:-`�r,�s+`�'". _,�,;.�,r.� 'baT °�' 'M:� �'�t ~a/.r„{'•�"iy^T,rL'�W.�n{:�r�"� s``.�,4``' - ..'Ti an" ' ,� - �i ,FP XeY/ ten �#FY 6tS4t4sfLi7tASSSSiNY';d.yt..v }"{ , •_ �.••- 3 .,:s�+' .i.,s ,�C,`.. '�,�yr'^�1„L.. Ali:. ',S � �,i ,..lY_7xS..-���A �_t �,ojl'p.. + 3 � d� �}y, ?� °# /yI��P � 'X'� • ` '���P..L!` °,:'`i}_"r rg'-,.,j. ��-b:��-., ,.�e.I�F�-, •`/` ", �A'4,�M'r'~' * � ; MOWielev6P '� �°;.�'Y*�'i,.. "^ i '•, °.'^i*.p`'."t'"'�"`r"� .-rc- -IF� n'Y e :>'•, ey,%: ""`'mac, ,i,.='s:�, ,.� � _- ', ,fit;.:_- ,e-•.�•,f: :r dr.. .»3 (2jt.. Regan Meador at a December public hearing. (Credit: Chris Lisinski) Mr. Meador now has the option of filing an appeal against the ZBA. "We were trying to see what we could do here and our hands were tied," Ms. Weisman said. "And I think the applicant's hands were tied." i The future of Southold Farm+ Cellar has been in doubt since July, when the small-production winery, which opened in 2014, closed its tasting room at the request of the town's building department. At the time, Michael Verity, Southold's chief building inspector, said the business was operating with only a certificate of occupancy for a single-family dwelling. "They should never have been open," Mr. Verity said last summer. Not long after it voluntarily ceased operations, the Meadors reopened Southold Farm+ Cellar's tasting room on weekends. Late last year, the winery filed an appeal seeking the variances. .s-* ' "'N #.i.;.S`rr,-�. x-rrw'„^;g ^,a.,P••'(r, ..j'v.-,1"�rx-:r. - d3�F , 4,41 _ ti. i'4 .s M1 ,....>c „`* '. "-P' =r: .;y"„Z•_ 4:��",.,',$t. I.e;,p �' "rrg .. z*"' t,3 p ;'�a"^ •�: M5�', ..,:-aria 1 ^; .� a. - v�o: m ,-�,: ;'�_ �� .,3,'f�;'s<"z^;�- rx„F,, 'ge. J' .�}` - 1"^?,T' ;�.. 7A+,.".. :.3: �µ Mi'''n:�.•*'� ,Va' yh' r x..,�.w �, •'fir'- '' _ q�,ry_„�,z.�'' 'd> �,_: �T..- 8 rs, .'� san±:, ?• "i .;t-.. •� , - ,w4kr-�:. � 'n,+, .y.r .£ -?o.j�, _.'�w.,�:�g, r�,y-.�.-':.i,�tY-..:�-:.:5:..s ,t -u'':mt'--,"�'3•'�{r" ;s" A k`� `tom$-�,.,�rj-',Kr.1� -'+' a `"fw4;:'����t'"�.,,1';I�. -•'��+xl.c' �f$p$, ,� "' 'f ~'�, _ d 6 - } ��'. '' '.'Ai{' ,:'9n �i..X., ;1 ;^1 � 'v Sa'i:4 p�,♦_`. �, r.S The future of the Old North Road winery is now up in the air. (Credit: Barbaraellen Koch) Southold Farm+ Cellar attorney Patricia Moore argued during a December public hearing that several other properties have received town approval for similar projects. Among the examples she gave were 8 Hands Farm in Cutchogue, which processes cheese on the same piece of land where there is a residential dwelling. "It is outrageous that on the smallest of farmers in town, the smallest of the wineries, you're imposing a restriction intended specifically to try to impede this business,"Ms. Moore said. During the December hearing, Mr. Meador suggested attaching the following conditions to any variances granted: no buses or limousines allowed on his property, no special events such as weddings, and a hard number limiting the number of occupants to the number of available parking spots. snag Earlier this month, the future of the winery hit anotherpotential g when the New York State Liquor Authority sent the Meadors a notice about a hearing to potentially revoke or cancel their existing liquor license. That hearing is scheduled for April 4. Caption: Southold Town Zoning Board of Appeals chair Leslie Kanes Weisman at last month's hearing. (Credit: Jen Nuzzo,file photo) Thompson column: Let -the Meadors farm at Southold Farm + Cellar by Lenn Thompson 12/01/2015 1:59 PM Nr- , f t." �,� e=i m+.as"A-k•�,,:,'.,' .f� }$,.�. ,wd 3�, ,� '.,�;,. 'rX`=.. - ..:,j+': N � y n t, „•.`,t',t,. � mat+r f 7� ' .�',, t�: `:.. Yf', l:�y'xJ{,r�±..'F-`,`v."`;;b�u�t �.. .�,.'t•'�-�^�t°S:�.°ww'"^}''�-`�;. .t t' !-`'*,''.,, . 1� P,40 t1° �'^ �� pJi '3.. a �. -.. )SeY� T ewe' niY'•k b �,nJ �3 +i•?Y { P i x .'S!-.�,�.ey d 0 L w'l l'�4.. 2� y J';., -K' y F 1. .i,i`: t J , ` �,r7► �`�'�:.. `y?. s� �'� �` `Y'-'E� '� ,q• . .3,^� ;�L'' {` 'I. te�' a� � -^.N, � - J����;i����� ��� ••A i a"� ;'�� '�. ";s""'tiu"s'•}r�'LL �, ; -. .y,ry .:ma's � 'm�f'-�:a�y Y-�'"y'.. '{�;'�' 4 • T�d.+Y- K'`k.9" x+�,a�'d'``�e!4.f�,� .+ ..c'+^ ,Yi� Fw � �t,.�.g�'. On Thursday, Dec. 3 at 2:30 p.m., Carey and Regan Meador, owners of Southold Farm+ Cellar, will go before the Southold Zoning Board of Appeals for what they—and a whole lot of wine lovers—hope will be the last time. I'm a wine guy who has Tittle interest in local codes or politics—and even less knowledge about them. I'm not going to pretend that I know the ins and outs of what the Meadors and their family have dealt with: being forced to close their tasting room, wondering if they'll be able to stay open without that revenue stream, making their 2015 wines under a tent behind Lenz Winery's tasting room because they haven't been permitted to build their own winery facility, etc. If Regan knew I was writing this column,he'd probably try to stop me. Make no mistake, he's a savvy marketer and understands the power of the press, but he honestly just wants J ` � V to farm his land, make wine from the grapes he grows, figure out how to sell it, raise his family on his farm and be part of the local farming community. But like many people, when I see something wrong I'm motivated to do something to make it right if I can. I'm an interested observer, not an expert on the situation, but from where I sit, there are two primary hurdles the Meadors are facing: fear on the part of some anti-winery residents and how, for some reason, some town codes previously used to encourage agriculture aren't being interpreted that way now. In a recent Facebook post about today's hearing, Regan posted: "Inevitably there will be those who will make arguments against us that will attempt to undermine our credibility by questioning our integrity and intentions."He's mentioned this before. We've talked about it. In infuriates me every time. No one should worry that Carey and Regan are going to convert their small, family-run operation into a road-clogging, bus-inviting, Solo-cup-serving monstrosity of a winery. In fact, Regan understands that fear to a certain extent, telling me, "Neighbors have a right to keep bad things from happening. We'd fight a Vineyard 48 on our road." But that's not what Southold Farm+ Cellar is or will be. Spend even 10 minutes speaking with Regan about his approach to winemaking and what he wants to do with his land and wines—something no one who has spoken out against them has done, by the way— and you'll come away appreciating what it is that Carey and Regan want to do. They are respectful and considerate. Their neighbors appreciate that and have advocated on their behalf. That matters. Or at least it should. Carey and Regan want to stay small. They want to hand-tend their vines. They want to make their wines by hand, often using decidedly un-modern techniques. They want their family to run the whole thing. And they want to raise their two very young children just steps away from the tasting room in their renovated farmhouse. If you were them, would you want to have hundreds of drunk buffoons in your backyard?No, you wouldn't. And neither do Carey and Regan. The Meadors are the kind of people that the local wine industry and community at large need. Long Island Wine Council leadership has recently spoken of rebranding the region with wine quality as the focus. That is what is happening at Southold Farm+ Cellar. Again, I don't know a lot about the Town of Southold and its codes, but I have seen a "Farming Bill of Rights"that states "Farmers shall have the right to farm in Southold without undue interference from adjacent landowners or users" as well as protecting the practice of"processing and marketing produce." It seems that some in the town have forgotten that wineries and vineyards are agricultural endeavors—they are farms. II nn Those speaking out against the Meadors' plans aren't the only ones who are afraid. I have my own fear. I'm afraid that if the Meadors are told they cannot build their small winery facility,they'll have to cease operations. That's going to send a clear signal to other potential winery owners that small, quality-focused wineries aren't welcome here. Let them grow and make their few thousand cases of wine. Let them raise their kids next door. In some ways, the Meadors are a throwback to when the Long Island wine industry was born. In those days it was about the wine, not the tourists. Who knows? Maybe letting the Meadors get back to that could lead to more young couples trying to do the same—like the Hargraves, Massouds and Bedells before them. Maybe this is the beginning of a new era in Long Island wine. If we let it happen. Photo caption: Carey and Regan Meador of Southold Farm + Cellar with their two children, Coralai and Sawyer, outside their Southold tasting barn. (Credit: Vera Chinese) Comments comments Carey Meador, Lenn Thompson, Regan Meador, Southold Farm+ Cellar, Zoning board of appeals Zoning board of appeals adjourns Southold Farm+ Cellar hearing—again- SoutholdLO... Page 1 of 4 HdprEltel 1q=_M SCHOOLS BUSINF-W I LIMING I BLOGS I REAL ESTATE l I Search a gal," r U1� SoutholdEOXAL_ NSHOA A CEWERFOR 0,000 DISORDERS ff Home Business I Business News I Zoning board of appeals adjourns Southold Farm+Cellar hearing again i ,1 tin ............. Souniou) GUTS COMMUNUTY HARBO Y1 SOUTHOLD EXCWSR it 55765 Main Rc IVE I INE09 26644 $1.999.00 631.765.660, Regan and Carey Meador before another ZBA adjournment earlier this summer Zoning board of appeals adjourns Southold SS MAIN 0 631 0.765.32 Farm + Cellar hearing again L"COLINI cEanziro Ppe-ownro lby Lisa Finn O Nov 6,2015,12 34 pm EVC Rf"gTaMOKE 0­t0t,NC0)ACG14ESWffW After having their tasting room shut down by town officials during the busiest months of the season and facing numerous adjournments in past months,the owners of Southold Farm+Cellar were once again told they'd by a iky sta n(In r(k. have to come back It before the zoning b board of appeals for a public hearing i next month According to zoning board of appeals chair Leslie Weisman,yesterday's scheduled public hearing was improperly noticed,mentioning only front yard setbacks and not the issue of bulk schedule,which was Ill ought up by both the town and neighbor Allison Latham. Assistant Town Attorney Stephen Kiely explained that the original notice of disapproval noticed was missing a variance that's required,the bulk schedule which says that two acres each are required for both a residence and a winery. Currently,he said,a farmhouse exists on one acre,on a preexisting non- conforming lot,but two would be needed;the Meadors cannot just buy adjacent property to meet the requirements because development rights on that land have been sold and covenants and restrictions on that parcel will not allow for retail or processing.This needed to be explained to the building i department,Kiely said,and the ZBA matter needed to be re-noticed. In addition,he said,Latham also filed all application to the ZBA challenging NSA i the notice of disapproval;the town,he said,felt the"notice of disapproval was lacking,as well Attorney Pat Moore told the ZBA that the number of adjournments was'a travesty"and had financial impacts to the Carey and Regan Meador.Then- Tho Neefus Stype Arioncy Inc. recent grape harvest had to take place outside and not in the barn,she said. Weisman said she agi eed matters usually move more expeditiously but they needed to follow the law Kelly,after the ZBA meeting,said he took exception to Moore's comments, because the Meadors have been open for operation again since September and he questioned the issue of financial"hardship http://southoldlocal.com/2015/11/06/zoning-board-of-appeals-adjoums-southold-farm-cell... 11/6/2015 Zoning board of appeals adjourns Southold Farm+ Cellar hearing—again- SoutholdLO... Page 2 of 4 VIA The reason the Meadors were able to open again,he said,because state law i says that if an application is before the ZBA,a stay is in place,preventing the f town from taking enforcement action. - r The matter was I escheduled,with a new ZBA public hearing on December 3. ® After the latest adjournment,Regan Meador said he was"crestfallen.It's just frustrating:' I PURE I NORTH FOf CRAFT OAR & BISTRO j While he said he undeistands that"people are nervous about winenes now," ' 633.ee0.2m ral F.UVV cr W d4191 „ Jill,-I „ #s lie wants to emphasize what he has,from the start—that"the tasting room 4` -- --- -• Come in for Custom and 1 is really not the driver of our business,nor do we want it to be." 1 1+GAST-EN D,EIOSPICE LOCAL Apparel a Gifts Their business,he said,"is not different than a farmstand And if we're `,.00121ptasuntale core, " ? ? successful enough,we don't need the farnistand.We can sell it all directly." f "IV/Ie,W'.aitd,l0ltilil 710CA Cys F )�Ot11tCCd'I ma IACAI „ .,„- The way their wine is produced,he said,"We're not saleable.It's not like I can up production tomorrow." 1 -631-28$_84t �ST past harvest,he said,has been spent in"less than ideal conditions," although being able to harvest this year"saved us,"he said. I � I The ZBA obstacles have meant financial impacts,however."We've already f / had to forego planting more vineyards We were going to plant more next I f,�/l j j.Ma f 1 )' year Now that's just not going to be possible,"lie said "I don't know when P we're going to be able to do that" �IIA 1,Fj TVnA KR o Kcusn SaoF^no C'rv- Meador insists he always been upfront about his plans for the business. 31555 Rays 25,GlmromE•298.0: "We've never tried to fool anyone.We're a small place,and it can't handle Nuiirrcm Pr"iz.T 10095 Ravre 25,MA7'mTiiCf:•,-98-Sr crowds.We're willing to put safeguards in place to prevent crowds,should it C 5330 Roues 25 ever change hands" I Somxacn.631-765-0300 I Looking ahead,Meador said he's"terrified,"with the planning department process still to navigate "All I want is just a barn,to make some wine,that's it.We are who we say we are This isn't fake You don't put this kind of sweat equity into something to flip it." Should the roadblocks continue,Meador said lie could always start a U-pick pumpkin patch "Is that what the town needs?But that's allowed,"he said Down the line,"If we're not allowed to do what we've proposed,our model starts to fall apart,and I don't know what will happen to us." The couple has talked about moving to another place,but his wife's home is here,as well as her parents."We've put too much work into this,"he said. In September,the Meadors reopened.But Southold Town officials said they did so without necessary approvals. Ain announcement on the business'Facebook page said the winery and tasting rooni are open Saturdays and Sundays from noon to 5 p.m. "After spending the last two months working with various agencies, organizations and the Town of Southold,we took the proactive steps this week to mitigate the major issues facing our property and our operation,"a message on the page said "Now,with only one issue facing the zoning board and our every intention to move forward quickly and completely with the planning department we have decided to re-open oin doors.In doing so we will not only be able to get back to speaking with each of you about our wines—including two new ones,stay tuned—but also be able to generate the revenue necessary to keep us afloat and pay for the upcoming harvest,our first and the first for a couple varieties ever on the North Fork.The last few months have been a great education for us and as we've said befoi e,we look forward to being an asset to this town." The note was signed by Regan,Carey,Coralai and Sawyer Meador The Meadors opened without any approval from the town,Southold Town Attorney Bill Duffy said m Setember But,because there is a zoning board of appeals application pending,"Under town law,we can't bring enforcement efforts They found a loophole in the law." http://southoldlocal.com/2015/11/06/zoning-board-of-appeals-adj oums-southold-farm-cell... 11/6/2015 Zoning board of appeals adjourns Southold Farm+ Cellar hearing—again- SoutholdLO... Page 3 of 4 If the ZBA rules against the application,Duffy said,the town can then commence enforcement action, v In August,the public turned out in a big way to support the young local couple whose winery s tasting room was shut down by Southold Town code enforcement in July. A zoning board of appeals hearing was held at Town Hall,and after a Facebook shout out for support for the Meadors and Southold Farm+Cellar, friends,neighbors,and even some who had never met the couple showed up in support of keeping farming alive. According to Southold's Chief Building Inspector Mike Verity,in July,code enforcement was sent out per his direction to Southold Farm+Cellar,a winery located at 86o Old North Road in Southold that he said has been the subject of multiple complaints. Verity said as per normal procedure,the town asked for voluntary compliance.The business,he said,has only a certificate of occupancy for a single family dwelling.A winery and tasting room had been operating on the property since last year. The Meadors received a notice of disapproval for a building permit for construction of an agricultural production building at less than the code minimum required setback of ioo feet from a major road. The Meadors are seeking variances for conversion of an existing building to a tasting room and construction of a new winery building at less than the code required minimum of too feet fi out a major road and a winery building located on a parcel less than the code required minimum of io acres.Also, the winery/tasting room constitutes more than one principal use,the winery building at less than the code required minimum rear year setback of 6o feet and the tasting room at less than the code required minimum rear yard setback of 6o feet,according to the ZBA. At the hearing,Moore spoke about the business,a"boutique,handcrafted" winery,where the couple grows their own grapes."They're the newest generation of wine producers,"she said. The site,she said,qualifies for area variances because"it's not a typical winery"Wine tasting,she said,is a supported mechanism in the town code, so individuals can taste the agricultural product,much as they watermelon or any other crop The Meadors are seeking ai ea variances to construct a processing facility, and to keep the 400 square foot tasting room where it is cur i ently is sited Weisman said as it stands,tasting rooms are only allowed as an accessory to a winery or in a commercial zoning district.Moore said the definition of "winery"was important ZBA member Kenneth Schneider asked if the address on the farm winery license was the Meadors'residence,they said it was.He said he thought the business was"great,it's just where you want to do it.You are Winning a winery on your property illegally,"he said Moore once again said the definition of"winery"was critical and said that according to the state definition,it was Schneider said state definition or not,the use was not allowed under town code Over the years,Moore said,across the country,farmers have grown up on family homesteads and lived on the land,selling their crops. Schneider said this"is different,"because alcohol was sold. "I respectftilly disagree,"Meador said,noting that across the world,notions of tasting rooms are quite different than in the United States.In France,for example,lie said,most wineries do not have tasting rooms."The notion of tasting rooms is very,very new,"he said,and the"cavalcade of tasting rooms and grandiose tasting rooms"seen on the North For k are"a fairly new endeavor." http://southoldlocal.com/2015/11/06/zoning-board-of-appeals-adj oums-southold-farm-cell... 11/6/2015 Zoning board of appeals adjourns Southold Farm+ Cellar hearing—again- SoutholdLO... Page 4 of 4 While he said those businesses can be fairly lucrative he did not feel it necessary to have a winery at that scale. "We're now getting to the point where wine stands on its own.We don't have to entertain people for them to buy or consume our wine.I want to be part of that change,"Meador said.He added that the small scale gives hum the ability to have control over small lot production After a business trip to California,Meador said the goal"is very much about getting wines past our borders and not having it consumed on our property. This lust gives its the ability to support our family so my wife doesn't have to commute into the city,and so that we can male this a sustainable business for us." Weisman said she respected and appreciate what the Meadors are trying to do."We are neighbors;we know we are living in an agricultural area and we're lucky to do so It's worth fighting to preserve.There's no one here that would not support what you want to do.But what we need to look at is whether this one acre of property can actually support those activities." Residents turned out in force to support not only the Meadois,but their business model and the future of agriculture in Southold. MORE featured,Southold Farm&Cellar,zba MORE Former Mattituck First day of Peconic State regulators Waldbaum's slated Bay scallop season announce earlier to open tomorrow `not so good,' end to Health under new name, according to Republic's small ownership fishermen,shop group plans O Nov 4,2015 6 03 pm owner O Oct 30,2015,6 59 pm p Nov 2.2015,123 pm ABOUT SOUT110LDLOCAL COt.hTNTS POLICY PRIVACY POLICY ADVERTISE CONTACT US TERUS OF USE w'ebsite bwlt by Eau End Lowl Media C of p All content(0 2015 Ea.t Fnd Local Media C of p All nghts reset Fed. Select Language • http://southo ldlocal.com/2015/11/06/zoning-bo and-of-appeals-adj oums-southold-farm-cell... 11/6/2015 77 V 6 lIIJJJ� ` Z '•'u f R;.. ' sY�,•,''{,3$Si Sx'� _ yR,,. a_?4'.r' - a 4 •"6 .. ag Dp�.�K'}Y9 fi'.5:..`Y{}y4 T w }.,•;.,, ' _ ?� gip:}r'�'F. e,tj.gd ';tJ :,.,41'�ry �.Fbg. ,�,4{ 5�..: • .- .. O 9 P JI, 559 S93aS[vZ.� �F:x.1®R L^I= .1,.' 4. .• �.M Lit' ,Y..•�.�.ti Y " - tr,. b: - ...+$. ,.. • .. �• _ - N••:'..,, R'r`��s #jam i k i."-• F- !f}�!x i,•J � � S'fp "f c.t'` T- v- .a r., ,� liR•y.! •S�"RRF y i�' ':d�' ..�s«l��•r'Ir..k'Y'i Neighbors, friends turn out to support small local winery owners shut down by town by Lisa Finn Aug 6, 2015, 7:37 pm The public turned out in a big way to support a young local couple whose winery's tasting room was shut down by Southold Town code enforcement last month. A zoning board of appeals hearing was held today at Town Hall. After a Facebook shout out for support for Regan and Carey Meador, owners of Southold Farm+ Cellar, friends, neighbors, and even some who had never met the couple showed up in support of keeping farming alive. Last month,the Meadors had their tasting room shut down: According to Southold's Chief Building Inspector Mike Verity, code enforcement was sent out per his directon to Southold Farm & Cellar, a winery located at 860 Old North Road in Southold that he said has been the subject of multiple complaints. Verity said as per normal procedure, the town asked for voluntary compliance. The business, he said, has only a certificate of occupancy for a single family dwelling. A winery and tasting room has been operating on the property since last year. The matter was on the agenda at last month's Southold zoning board of appeals meeting and adjourned; the Meadors received a notice of disapproval for a building permit for construction of an agricultural production building at less than the code minimum required setback of 100 feet from a major road. The Meadors are seeking variances for conversion of an existing building to a tasting room and construction of a new winery building at less than the code required minimum of 100 feet from a major road and a winery buhaing located on a parcel less than the code required minimum of 10 acres. Also, the winery/tasting room constitutes more than one principal use; the winery building �{p� at less than the code required minimum rear year setback of 60 feet and the tasting room at less than the code required minimum rear yard setback of 60 feet, according to the ZBA. At today's hearing, attorney Pat Moore, representing the Meadors, spoke about the business, a "boutique, handcrafted" winery, where the couple grows their own grapes. "They're the newest generation of wine producers," she said. The site, she said, qualifies for area variances because "it's not a typical winery." Wine tasting, she said, is a supported mechanism in the town code, so individuals can taste the agricultural product, much as they watermelon or any other crop. The Meadors are seeking area variances to construct a processing facility, and to keep the 400 square foot tasting room where it is currently is sited. ZBA chair Leslie Weisman said as it stands, tasting rooms are only allowed as an accessory to a winery or in a commercial zoning district. Moore said the definition of"winery"was important. ZBA member Kenneth Schneider asked if the address on the farm winery license was the Meadors' residence, they said it was. He said he thought the business was "great, it's just where you want to do it. You are running a winery on your property illegally,"he said. Moore once again said the definition of"winery" was critical and said that according to the state definition, it was. Schneider said state definition or not, the use was not allowed under town code. Over the years, Moore said, across the country, farmers have grown up on family homesteads and lived on the land, selling their crops. Schneider said this "is different," because alcohol was sold. "I respectfully disagree," Meador said, noting that across the world, notions of tasting rooms are quite different than in the United States. In France, for example, he said,most wineries do not have tasting rooms. "The notion o tasting rooms is very, very new,"he said, and the "cavalcade of tasting rooms and grandiose tasting rooms" seen on the North Fork are "a fairly new endeavor." While he said those businesses can be fairly lucrative he did not feel it necessary to have a winery at that scale. "We're now getting to the point where wine stands on its own. We don't have to entertain people for them to buy or consume our wine. I want to be part of that change,"Meador said. He added that the small scale gives him the ability to have control over small lot production. Just back from a business trip to California, Meador said the goal "is very much about getting wines past our borders and not having it consumed on our property. This just gives us the ability to support our family so my wife doesn't have to commute into the city, and so that we can make this a sustainable business for us." 0(s, Weisman said respected and appreciate what the Meadors are trying to do. "We are neighbors; we know we are living in an agricultural area and we're lucky to do so. It's worth fighting to preserve. There's no one here that would not support what you want to do. But what we need to look at is whether this one acre of property can actually support those activities." When asked by the planning board how his tasting room fits into his business model, Meador said, "I look at it as a bridge." Typically, visitors take a"I'll believe it when I taste it" approach;' he said. "We still have a lot of proving that we're doing, especially someone like us, who has taken a different approach." In places such as Napa, he added, customers buy a bottle without tasting simply because of the region's cachet. Other vineyards are closing their tasting rooms to the public, Meador said. "That is something we idolize; that's the way we'd like it to grow. I don't want to have the heavy traffic and live music."Down the road, he'd like to see demand created and wine sold on the website. He added that limos and buses were not in his business model. Moore discussed the issue of merging the Meadors' two properties and said she'd prefer not to do that so.that in the future, if the children wanted to sell the house,they could do so separate from the vines. But she said if the ZBA insisted the merger was necessary, she'd like a covenant that should the winery ever cease to exist, the house and vines could be sold separately. Also, Moore said, to be literate, she would submit that Old'North Road is not a major road, and therefore not the 100 foot setback would not apply. She pointed to other wineries in town that might not have approvals. "We are not able to compare those operations that are not legal with an effort to create a legal situation," Weisman said. "We cannot use as a precedent something that was not legally established." She added that she'd like "to get away from" discussing the couple that owns the property"and talk about the property. That's what this board is about." Meador explained the new processing facility would be used in making wine,which is created in one-ton bins. "When you are making 14 tons, that takes'up a lot of space. We've been borrowing space from a local winery" but need their own space, he said. He said no more than 10 or 15 people can fit in his tasting room at once and there are no special events open to the public; one event held in the past was a private dinner for 20. "We want to have people who know about wines find us, rather than have a big net pulling them in," Meador said. Weisman asked about a satellite tasting room. Meador said while a great idea, they cannot afford that option. Next, supporters stood up to sing the Meadors' praises. One neighbor said she has biked that road for 20 years and has seen a derelict building transformed into a nice home due to their efforts. She said the winery has not added to a traffic and there has been no adverse impact whatsoever. Carol Haman, who lives next door, agreed. "My backyard is a few feet away and I have never heard any noise at all. They're an improvement to the community and definitely to the Old North Road." Weisman asked how she'd feel once a 3,600 foot square foot additional building was erected; Haman said it would depend upon where it was built. Dennis Lane of Cutchogue agreed the 100 foot setback only makes sense on a major roadway. Connor Harrigan said, after working in tasting rooms for years, the Meadors would not want limos. "Selling wine to a group that large is actually quite difficult and contradictory to what he's trying to do," he said. "It's acutally against Mr. Meador's goals and objectives to engage in that kind of operation when the type of peope he's trying to sell wine to believe that someone engaged in selling to those coming in limos and buses is not what they want to buy. He's not looking to sell $8 wine on supermarket shelf, he's looking for an elevated experience." Weisman said the only way the self-chosen limits can be insured into the future is if safeguards are put into place. "This has nothing to do with the applicant but what this property can withstand," she said. "I want to protect you, as neighbors. If these very nice people move on, you want to be sure the next person doesn't do something egregious. These are very substantial variances before us." The town board writes code, Weisman reminded, not the ZBA. She said she'd like input from the land preservation committee, as well as the planning board. Chris Baiz, Southold resident and chair of the town's agricultural advisory committee said he applauded the Meadors' small footprint and said under ag and markets law their tasting room is "simply a farmstand. Southold Town is still trying to catch up to that in code." He said in order to keep farming alive, value-added products are needed, and said with first generation winery owners passing on, there's a concern as new buyers haven't stepped up. The meeting was adjourned until August. The Meadors turned to social media last month to reach out to the public. "We are closed, but not finished,"they wrote in a post on the business' Facebook page. The Meadors said in July, they had been told to "cease all operations or face fines and/or jail time. We are heartbroken, to say the least." They asked those wishing to help to continue buying and drinking their wine by purchasing it on their website. The couple, along with their cnildren Coralai and Sawyer, signed the letter with"peace and love." The public appeal has generated a large number of responses and offers of help from those who say they support the couple and the business as it exists. MORE: featured, Meadors, zba Neighbors defend Southold Farm + Cellar at Zoning Board meeting by Chris Lisinski ���� 08/06/2015 1:43 PM No Comments Tweet , 1;.`s;' R-,a �.' �.,Li-' t'x� f �'r"'�.'`":d'a ,.r„`y .Y'; 'ti.,`.„.,�-» .: - ,;•��`�4 ��: w'rv'.4�A4VW. ; i �Y•.x •y,w,.��� v,�,_ i.t.��::� "',"1,..,, ',} r r .+,�„_'p'.'.':z,�-..,... tiwe,„w-... �� r' - •^ ,a •c. -r:w ,e,,.. 3" LV WIJ 4. yT -'�Y �'-`r`•F ':ytiP `Ar.-r ' ,. ,r Ij4 .. ,k• ... � -.e- ��� . ° 'Y''3:. � ',• 'rtg'"'- t:{" '.' iK*. 't''. P'��Y"'.3,-: 3%:-"p. {t�, r-fY: r. � 1� �,y'Mg..i �4, (�x. .> ♦ 5�}"s, J;� '-':'1�� . ." :_ 'K,... � ..�'K��. "'s4 •i,� ,. 4� .c�R�' M�2:��. � 1:. ,`'� ,.t �" ."�%.' :t. :p: -att'a - ,,^,w;F.+ +. �"n"";. t`.�•{ `v`,Y x`t'<: �':y, !"`��•�.` „�» �. �N A month after Southold Farm+ Cellar closed its doors at the request of Southold Town for operating without proper permits, several neighbors urged the Zoning Board of Appeals at its meeting Thursday morning to allow the business to reopen. A handful of residents spoke at Thursday's meeting—which was scheduled to last 20 minutes but instead lasted an hour and a half—in defense of the owners, Regan and Carey Meador, and their business. "There's been no adverse eireci at all," said next-door neighbor Carol Haman. "There's no traffic problem. The people park inside, and there's only a small number of cars at a time. There's no noise." 1 _ �i The Meadors had been using a small structure on their property as a tasting room for about a year, believing they were allowed to do so under a farm stand permit. But last month, the town asked them to shut it down because the couple only had a certificate of occupancy for a single- family dwelling. At Thursday's meeting,the couple asked the board for special exemptions to continue operations at their small-scale, experimental winery on Old North Road. Mr. Meador asked for permission to resume using the 400-square-foot"tasting room" building on their property. The board asked why he couldn't use a different location as the tasting room, but Mr. Meador said having another location would be too costly. "It's a great idea, but we can't afford it,"he said. "That was largely why we chose to do it this way. Us living on that property and being able to sell from that property,just like any other farmer, spreads the costs around and allows us to support ourselves." Mr. Meador said he also hopes to build a new"processing barn" in which wine can be made. But the town code requires such a structure to be built at least 100 feet from a major road and on a plot of land at least IQ acres in size; The Meadors would require an exemption to construct it. "The permit was for a farm stand, not a tasting room," said ZBA Chairperson Leslie Weisman during the meeting. "These are very substantial variances we're considering." Patricia Moore, a land-use attorney representing the Meadors, said Southold Farm+ Cellar's should be eligible to receive variances because it's a small, boutique operation. "We're not dealing with a standard winery," Ms. Moore said. "When you get a farm winery license, technically you have to process on site." The board raised concerns over the traffic wineries can cause, especially when they attract limousines and buses. But Mr. Meador said he has no plans to allow such large vehicles; rather than a bar-type atmosphere found at some larger North Fork wineries, he said he wants his tasting room be only a sampling space for his family's wines. "I look at [the tasting room] as a bridge for us," Mr. Meador said. "We have to have some ability, especially early on in our business,to prove ourselves ... I don't want to have heavy traffic or live music." Conor Harrigan, a Cutchogue photographer who had previously worked at Duck Walk Vineyards,told the board that Mr. Meador's plan to run a small-scale tasting room wouldn't attract the crowds and traffic the board feared. "A winery this size is not going to want a limo,"he said. "You sell wine best when you have a better one-on-one experience." But while most of the speakers at Thursday's meeting supported the winery, one neighbor, Alison Latham, has written to the town opposing the business. A copy of her letter wasn't read at the meeting. ` Since any variances granted by the board would be attached to property itself and not to the property owners, Ms. Weisman said the ZBA would require future owners to stick with the Meadors' business model. "If we grant a winery, anybody can come in and suddenly limos are fine," she said. "The only way this can proceed is if there are safeguards put into place about the limitations of this property." The board will discuss the proposed exemptions at an Aug. 20 special meeting. Owner of Southold Farm + Cellar proposes compromise at final ZBA hearing by Chris Lisinski I 12/03/2015 6:54 rIVI No Comments V 0 A14 ��Nj i4 X- CT 6`111 k.11 MW 4 An owner of Southold Farm+ Cellar whose business has been in limbo for months after his family closed it voluntarily and then opened back up on a limited schedule not long after—told town officials he would accept certain restrictions on his small winery as part of any approval to reopen given by the Zoning Board of Appeals. The ZBA heard arguments Thursday from owner Regan Meador and his attorney, Patricia Moore, in the final scheduled discussion on Southold Farm + Cellar. The business voluntarily closed in July at the town's request for operating without the proper permits before reopening on weekends in the fall. The board will now deliberate and render a decision on an appeal for variances from the town code within 62 days, per town law. "This poor guy has already been through enough," Ms. Moore told the board. "Whatever it takes for you guys to come to a decision, I hope it will be a fair one. He's prepared to live by the restrictions of what one would expect as a home office." 7 Mr. Meador suggested three conditions attached to any variances granted: no buses or limousines allowed on his property, no special events such as weddings, and a hard number limiting the number of occupants to the number of available parking spots. (He indicated he already limits party sizes to six guests or fewer.) Those conditions would likely come in the form of covenants,which are restrictions placed on the land itself to ensure consistency if the property changes hands. Mr. Meador is currently seeking two variances for his property to be exempt from code violations. The first would allow him to build a processing storage building 60 feet from Old North Road rather than the required 100 feet. The second would grant him relief from the "bulk schedule,"thereby allowing his house and his winery to exist within the same two-acre subdivision of his property. In her arguments, Ms. Moore mentioned several other properties that she said have received town approval for similar projects, including 8 Hands Farm in Cutchogue, which processes cheese on the same plot where there is a residential dwelling. She called the disconnect between those past approvals and Southold Farm+ Cellar"an equal-protection problem." "It is outrageous that on the smallest of farmers in town,the smallest of the wineries, you're imposing a restriction intended specifically to try to impede this business," she said. Similar to past meetings, community members spoke supporting the Meadors, both praising their character and also commenting on the importance of their wines. ZBA Chairperson Leslie Weisman reminded the audience that the board will consider the application itself, not the nature of the applicant. "The law doesn't allow us to personalize the person," she said. "We have to look at the land and its impact on the community and what reasonable property rights are there." Allison Latham, who lives across from the Meadors on Old North Road, said she does not support granting variances for fear that a new owner would not honor any commitment to, say, forbidding limousines. "Our concern is: what happens down the road?" she said. "If you don't apply the bulk schedule in this instance, then that would mean that a farmer who is growing potatoes could build a large building, a 40-by-90 building,to make potato chips, or that a tomato farmer could build a large building on a site where there's already a house and make tomato sauce. I don't think it's proper to intensify the use of a property in that manner." Ms. Latham stressed that she does not want Southold Farm+ Cellar to go out of business, but merely to choose a different location. The Meadors have argued for months that they need to operate their winery on their home property due to their business model, which focuses on high-quality, small-batch wines made with special techniques. Mr. Meador reiterated Thursday that he could not process his wines at a processing center or another winery due to space and cost concerns. "[My process] requires me to do a whole lot of separate little lots, and that causes an issue,"he said. "I don't have really any other options at this point." Photo caption: On Thursday, Southold Farm + Cellar owner Regan Meador proposed certain restrictions on use of his small winery as a potential solution with the Zoning Board of Appeals. (Credit: Chris Lisinski) clisinski gtimesreview.com Comments Revi ions 150 � < � 4 elt-LIAA .�C_y ( 06-is- [}[4 6-19 12-051-96fi 06-06-97 �.r/ �'� `dQ�Y Y 01-09-98 12.02-99 04_11-01 03lb - -25 02 OB-29-02 05-07-03 t 08-1004 0,1 + 08-24-04 0 26 OS ,1 2S 1ej s. 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