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HomeMy WebLinkAbout6882 5 S G12 8 +-4 4` o fil okl 5 Lin l Cti �Sv-e, rrt.q -rin Can �( ��� '�f n'ctc c,Lrnlz a.cc�y � r�rsrn , a- )� s'J cel vl o Art/L4, m ,�ja m sfruA'� erso� �� s ry,Ql e opt I � 4hA 10 ctc� o ff 6w- 'cu�dW �v�'p0S�� Needsc��a-- P Ja it sop q1,3)1S r I c�S[��j ►��)q r r z/13 -t 31311 mot- Pe opener- b�y Wjed• 00 4,( t --- ------------------- - I Cuj-oma) :,-� a cc t+'lei b�a'Y) S f s^C t e�ssor� P lai'lc� roves l f 'i►� I° I i I Se s C�� 51/� r q13)1I ) I I t��, , s 3 a)/ CLS (W 7-//a P 5alodtt/isi WaL2v_t f tt Rl a X1107 4yyuLed -116--y'a t h rn.407 BOARD MEMBERS Of soar Southold Town Hall Leslie Kanes Weisman,Chairperson �a yQ 53095 Main Road •P.O.Box 1179 �O l4 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning Ns i0 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'YCQ� I Southold,NY 11971 http://soutboldtown.northfork.net ZONING BOARD OF APPEALS CEIV D TOWN OF SOUTHOLD d— �� • �� Tel.(631)765-1809•Fax (631)765-9064Ju ( Z 2 � FINDINGS,DELIBERATIONS AND DETERMINATION outhold Town Clerk MEETING OF JULY 21,2016 ZBA FILE#6882 Amended Decision NAME OF APPLICANT: Anthony and Lisa Sannino PROPERTY LOCATION: 15975 County Route 48 (aka Middle Road) and 7495 Alvah's Lane,Cutchogue,NY S.C.T.M. 1000-101-1-14.6 & 14.4. 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 11 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 July 31, 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 subject property consists of two parcels described as SCTM Nos. 1000-101-1-14.4 and 1000-101-1-14.6. Lot No. 14.4 is a conforming 226,864 sq. ft. flag lot improved with a single family dwelling in the Agricultural Conservation (AC) Zoning District . The lot has 50.00 feet of frontage on Alvah's Lane, 848.21 feet along the northern property line, 525.22 feet along the western property line, 388.43 feet along the southern property as shown on the survey dated January 24, 2015 last revised July 21,2015 prepared by John T. Metzger, LS. Lot No. 14.6 located in the AC Zoning District is in conformance having 3.7 acres (161,505 sq. ft.) of vacant land, with 195.81 feet of frontage on Middle Road (aka CR 48), 765.28 feet along the northern property line, 194.22 feet along the western property line and 838.47 feet along the southern property line as shown on the survey dated July 16, 2015 prepared by John T. Metzger, LS. Combined, both parcels measure+/- 8.94 acres(389,426 sq. feet). BASIS OF APPLICATION: Request for Variance under Article III Code Section 280-13A(4) and the Building Inspector's June 17, 2015, amended June 23, 2015 Notice of Disapproval for a building permit for the construction of a winery/tasting room, at: 1) winery located on a parcel less than the code required minimum of at least 10 acres devoted to vineyard or other agricultural purposes. RELIEF REQUESTED: The applicant requests a variance to build and operate a winery/tasting room on two adjacent parcels totaling +/- 8.94 acres (389,426 square feet) where the code requires a minimum of 10 acres of property devoted to vineyard or other agricultural purposes. Page 2,July 21,2016 #6882, Sannino SCTM No. 1000-101-1-14.4& 14.6 ADDITIONAL INFORMATION: 1. The applicants obtained a Special Exception Permit from the Board of Appeals to operate a one guest bedroom bed and breakfast use in their single family dwelling (ZBA File #6194, September 22, 2009) which was increased to the code permitted maximum number of guest bedrooms (five) on July 5, 2012 (ZBA File# SE6565). 2. In a letter dated November 19, 2015 Lisa and Anthony Sannino stated that their residence and B & B use occupies 5,000 square feet of lot 14.4. The remaining square feet of lot no. 14.4 is in agricultural production or used for agricultural purposes. This information was confirmed in a plot plan by Robert J. Gruber,Architect, stamped by the ZBA as received on November 23, 2015 3. At the public hearing the applicants testified that they had the option of purchasing additional land adjacent to their existing lots from two different property owners. This expectation was verbally confirmed at the hearing by the Pastor of the adjacent church property and the agent for the owner of the residential lot. 4. On March 3, 2016 the applicant testified, under oath, that he had made offers to purchase 5 properties adjacent to the subject parcels, without success. A survey identifying those parcels and a mails from a real estate agent confirming rejection of the applicant's market rate offers were submitted to the Board. 5. Several neighbors attended the meeting who were in support of the application. Two neighbors from the same household testified that they opposed the application. 6. The development rights on both of the subject lots are intact. 7. The Board requested and received written comments on this application from the Southold Town Planning Board dated September 1, 2015. The Planning Board did not support the requested variance stating concerns about setting a precedent that could have town wide ramifications, and the proposed winery being in close proximity to residential properties. The applicant's agent objected to the latter point because "The Town Code specifically allows wineries in residential zones..." 8. On February 2, 1016,the Board received a written request from the applicant asking that we proceed with rendering a variance relief determination because they had been unsuccessful in their efforts to purchase additional acreage from adjacent property owners so that they would conform to the code required 10 acres. They also extended to February 18, 2016 the 62 day period from the date of closing of the Nov. 5, 2015 public hearing in which time the Board is required to render a decision. 9. On February 18, 2016 the Board of Appeals voted unanimously to re-open the hearing on the subject application for the sole purpose of entering into the record testimony and written information pertaining to the applicants' efforts to purchase additional property in order to become code conforming. A public hearing was set for March 3, 2016. 10. On March 3, 2016 the applicant testified, under oath, that he had made offers to purchase 5 properties adjacent to the subject parcels, without success. A survey identifying those parcels and a mails from a real estate agent confirming rejection of the applicant's market rate offers were submitted to the Board. AMENDED DECISION 11. On April 17, 2016 the First Baptist Church of Cutchogue submitted a letter to the Zoning Board of Appeals stating that the testimony and documents submitted by the applicant regarding the purchase of additional adjacent acerage in order to conform to the code required 10 acres were false and misleading. Page 3,July 21,2016 #6882, Sannino SCTM No. 1000-101-1-14.4& 14.6 12. On May 5, 2016 the Zoning Board of Appeals voted to reopen the hearing in order to verify the.accuracy of the facts on which the Board based its decision. 13. At the hearing on July 7, 2016 a Trustee of the first Baptist Church testified that there was a misunderstanding which led the church to write the letter. 14. At the hearing Gail Wickham (a neighboring property owner) testified that Anthony Sannino had approached her on several occasions and made reasonable offers to buy land from her. However, she leased the land to a neighboring farmer and attested that she is not in a position to sell at this time. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 1,2015, on November 5,2015, and on March 3,2016, and July 7,2016 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 413(A)(4)Wineries Use Regulations. 1. A winery shall be a place or premises on which wine made primarily from Long Island Grapes is produced and sold. 11. The winery shall be placed on at least 10 acres(435,600 square feet)which are devoted to vineyard or other agricultural purposes and which is owned by the winery owner. 1I1. The winery structures shall be set back a minimum of 100 feet from a major road; and W. The winery shall obtain site plan approval. 2. Definitions of 280-(4). The term other agricultural purposes is not specifically defined by the Southold Town Code. Under§280-4(B), any word or term not noted...shall be used with the meaning as defined in Webster's Third New International Dictionary of the English language, unabridged (or latest edition). 3. Meriam Webster's full definition of agriculture is the science, art, or practice of cultivating the soil, producing crops, and raising livestock and in varying degrees the preparation and marketing of the resulting products. 4. Town zoning code 280 attachment 1 (Bulk Schedule),Density and Minimum Lot Size Schedule for Residential Districts. 1. The minimum lot size in square feet for a single family detached dwelling in an A-C Agricultural Conservation zone district is 80,000 square feet of land with development rights intact. 1I. A non-residential use (as permitted) in the AC zone district requires 80,000 square feet of land with development rights intact. I11. A residential use and a non-residential use, such as a winery,require 160,000 square feet of land with development rights intact. IV. In order to have a winery use and residential use an applicant must have a minimum of 515,600 square feet (11.85 acres) of land, 435,600 sq. ft.(10 acres) for the winery,processing, and tasting room,and 80,000 square feet for the residential use. 5. A bed and breakfast use is legally permitted by Special Exception of the Board of Appeals as an accessory to a residential use. Therefore the lot area on which a residence with an established B&B is located cannot be counted as part of the 10 or more acres devoted to vineyard or other agricultural purposes required to establish a winery. Y Page 4,July 21,2016 #6882,Sannino SCTM No. 1000-101-1-14.4& 14.6 6. Because land is used for purposes other than agricultural uses,those portions shall not be calculated as part of the 10 required acres(435,600 square feet), the 80,000 sq. ft. required for a residential and accessory B&B use on the applicants' property must be subtracted from the existing acreage that can apply towards the 10 acres they need to establish a winery. 7. The applicants have a total of 309,426 square feet (7.10 acres) in agricultural production on lots nos. 14.4 and 14.6 combined. They need an additional 126,174 square feet(2.89 acres)of land in agricultural production in order to meet the code required 10 acres minimum (435,600 square feet) of land used for agricultural purposes in order to establish the proposed winery, as of right. All as shown on a stamped site plan by Robert J. Gruber, Architect received by the Board of Appeals on December 17,2015 8. Town Law 4267-b(3)(b)(1). Grant of the relief requested, with the conditions imposed herein, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single-family homes, agricultural properties, and a church. The applicant's property includes frontage on County Road 48 which is a major road, and the winery structure is proposed to be located on the subject property at a conforming front yard setback. Also, the applicants must obtain site plan approval from the Southold Town Planning Board which can impose reasonable conditions to mitigate any possible adverse impacts on the nearby residential properties. 9. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has exhausted all currently existing options to purchase additional acreage (at least 1.7 acres (74,205 square feet) from an adjacent property owner. 10. Town Law 4267-b(3)(b)(3). The variance requested herein represents 30.6% %relief from the code, and, in the context of the 10 acre minimum requirement for a winery use, is substantial. However, the substantiality is mitigated by the subject properties' 195.81 feet of frontage on Middle Road(aka CR 48, a major road)with a proposed front yard setback from same at 200 feet which is double the 100 foot minimum required by code; all other setbacks are conforming; all development rights are in-tact on the subject properties; and the subject property is sufficiently large to permit safe ingress and egress, parking and buffering from adjacent properties through the required site plan approval from the Planning Board. Further, the applicant has approximately 75,000 square feet of area calculated for residential use in agricultural production (on lot 14.4) which will be merged with lot 14.6 and covenanted to remain in agricultural production so long as the winery is in operation. 11. Town Law 4267-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 applicant must comply with Chapter 236 of the Town's Storm Water Management Code. Traffic will not be generated on Alvah's Lane, which is residential, because the winery will be accessed from CR Route 48, a major road. Buffers between the subject parcels,the proposed winery/tasting room and the adjacent residential properties can be established as deemed appropriate by the Planning Board to mitigate potential adverse impacts. 12. 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. 13. 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 a residence and a winery while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 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 Dantes, and duly carried,to Page 5,July 21,2016 #6882,Sannino SCTM No. 1000-101-1-14.4& 14.6 GRANT the Relief As Amended, subject to the following CONDITIONS: 1) Since the winery use cannot legally operate without the required agricultural uses existing on both lots 14.4,and 14.6,the applicant shall merge lots 14.4 and 14.6 2) The applicant shall submit written documentation to the ZBA confirming compliance with the required merger. 3) No building permit shall be issued by the Building Department for the proposed winery/tasting room structure(s)until the Board of Appeals notifies said department that the required merger has been effectuated. 4) The applicant shall obtain site plan approval from the Southold Town Planning Board. Failure to do so will render the variance relief granted herein null and void. ` 5) The applicant shall place a covenant and restriction on his property deed that 75,000 square feet of the residential use area shall be kept in agricultural production as long as he maintains the winery use. 6) If the applicant or future owners wish to extinguish the covenant and restriction they must apply to the Zoning Board of appeals and state that they are abandoning their use as a winery. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Horning, Goehringer. This Resolution was duly adopted(4-0).Member Schneider Recused. - l Leslie Kanes Weisman, Chairperson Approved for filing /.- /2016 BOARD MEMBERS OF SO Southold Town Hall Leslie Kanes Weisman,Chairperson �o�� yQIO 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Eric Dantes #ic Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning 0 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'YCOU Nf`I,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631) 765-9064 July 22, 2016 Lisa and Anthony Sannino 7490 Alvahs Lane Cutchogue, NY 11935 Re: ZBA Application#6882 SCTM No. 1000-101-1-14.4 & 14.6 Dear Mr. & Mrs. Sannino; Transmitted for your record is a copy of the Board's July 21, 2016 AMENDED Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. If you have any questions, please call the office. Sin c ly, LCm E. Fuentes Board Assistant Encl. cc: Building Dept., Southold Town Planning Dept. l Q' CC# : C18-25286 COUNTY CLERK'S OFFICE1 STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 06/13/2018 under Liber D00012965 and Page 278 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have.hereunto set my hand and affixed the seal of said County and Court this 06/13/2018 AN 2018 's "V� IwS� SUFFOLK COUNTY CLERK JUN 1 4 2018 jD (;7— Q. rva a. JUDITH A.PASCALE BUII,DXNG DEPT. TOWN'OF SOOLD SEAL I IIIIIII IIII(IIII(IIII VIII VIII VIII VIII VIII IIII IIII I IIIIII VIII VIII IIIIIIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 06/13/2018 Number of Pages : 5 At: 03 : 13 :54 PM Receipt Number : 18-0108438 LIBER: D00012965 PAGE : 278 District: Section: Block: Lot: 1000 101 . 00 01 .00 014 . 008 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25. 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $0 .00 NO Notation $0 .00 NO Cert.Copies $12 .50 NO RPT $200 . 00 NO Fees Paid $277 .50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County F11 2 REGOPDED 2018 Tun 13 0-.-13:54 PM JUDITH A. PASCALE Number of pages `') CLERK OF SUFFOLK COUt-I j',1 This document will be public P 2; record. Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES _ Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total NotationSpec./Assit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX 0 Dual Town Dual County R.P.T.S.A. C `o Held for Appointment Comm.of Ed. 5. 00 � Transfer Tax Affidavit • �; Mansion Tax �. 5 �� The property covered by this mortgage is ,;. � or will be improved by a one or two family dwelling only. NYS Surcharge 15. 00 Sub Total 3� YES or NO Other ��•� _, Grand Total � If N0, see appropriate tax clause on page# of this instrument. 4 Dist./662 3653567 1000 10100 0100 014008 r 5 Community Preservation Fund Real Property P T c.., 1,11111111111111111111111111111111111111111Consideration Amount $ Tax Service R DHO A Agency 13-.JUN-18 CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD Wickham, Bressler& Geasa, P.C. P.O. Box 1424 TD Mattituck,New York 11952 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk Coun Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFYTYPE OF INSTRUMENT) Agriturismo Sannino, LLC The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold In the VILLAGE or HAMLET of Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over E 0 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 131h day of June, 2018, by Agriturismo Sannino LLC, a New York limited liability company,presently having an address of 7490 Alvahs Lane, Cutchogue, New York 11935, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS,the Declarant is the owner of certain real property situate on 7495 Alvahs Lane, Cutchogue,New York 11935, Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Zoning Board of Appeals ("ZBA") of the Town of Southold for a variance for construction of a winery on less than ten (10) acres; and WHEREAS, as a condition of granting said variance, the ZBA has required that this Declaration be recorded in the Suffolk County Clerk's Office; and 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 herein described shall hereafter be subject to the covenants and restrictions as herein cited, to wit: 1. An area of 75,000 square feet of the residential use area within the Property shall be kept in agricultural production for so long as the Property contains a winery use. JON 7 ' 2. In order to extinguish this restriction, the Declarant shall apply to the ZBA and demonstrate abandonment of the winery use. 3. Agricultural production shall include all agricultural production uses permitted by the Southold Town Zoning Code. 4. The within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by the ZBA on proof of abandonment of the winery use. 5. If any section, subsection, paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 6. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: AGRIT ANNINO LLC By: . A y �6, ilmuber STATE OF NEW YORK) ss.. COUNTY OF SUFFOLK) -P11- On this day of June, in the year 2018, before me personally appeared Anthony Sannino, known 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 he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Cheryl Simons Notary Public,State Of NewYork No.31-4970341 Qualified In Suffolk County Commission Expires February 4,20 1 7J 'SCHEDULE "A" (( DESCRIPTION OF PROPERTY ALL that certain plot,piece or parcel of land, situate, lying and being in the Town of Southold at Cutchogue, County of Suffolk and State of New York, being Lots No. 1 and 3 as shown on "Map of Minor Subdivision Prepared by for Giora Hanogh & Harold Watts", filed in the Office of the Clerk of the County of Suffolk on February 1, 1991 as Map No 9059, being more particularly bounded and described as follows: BEGINNING at a monument set on the Westerly line of Alvah's Lane at the southeasterly corner of land now or formerly of Keil Alvah's Lane Farm LLC and being 699.67 feet southerly from the northeasterly corner of land now or formerly of Catalano; RUNNING THENCE along said line of Alvah's Lane, South 33 degrees 27 minutes 50 seconds East 50.00 feet to land now or formerly of Frances Slezak and Alf Sommerstad; THENCE along said land South 56 degrees 32 minutes 10 seconds West 468.79 feet; THENCE continuing along said land and along land now or formerly of Tuthill South 33 degrees 03 minutes 20 seconds East 1144.09 feet to land now or formerly of Piscano; RUNNING THENCE along said land the following two (2) courses and distances: 1. South 33 degrees 24 minutes 10 seconds East 98.93 feet; thence 2. South 26 degrees 55 minutes 00 seconds East 88.07 feet to the northerly line of Middle Road (C.R. 48); RUNNING THENCE along Middle Road (C.R. 48)_South 61 degrees 19 minutes 20 seconds West 195.81 feet to land now or formerly of the First Baptist Church of Cutchogue Long Island; RUNNING THENCE along said land the following two (2) courses'and distances: 1. North 28 degrees 40 minutes 40 seconds West 200 feet; thence 2. North 33 degrees 32 minutes 20 seconds West 638.47 feet to the southerly side of Lot 1 on said Map; RUNNING THENCE South 56 degrees 56 minutes 40 seconds West 194.25 feet to land now or formerly of WW Farms LLC; THENCE along said land the following two courses and distances: 1. North 34 degrees 15 minutes 30 seconds West, 127.47 feet; thence 2. North 31 degrees 25 minutes 20 seconds West, 397.77 feet to land now or formerly of Keil Alvah's Lane Farm LLC; THENCE along said land North 56 degrees 32 minutes 10 seconds East 848.21 feet to the Westerly line of Alvah's Lane the point or place of BEGINNING. r A �O Only Mission. Christ's Comfort Our Ohly Mission: Saving Souls St.John 14 1 James 5 20 First Baptist Church of Cutchogue 21405 County Road 48,P.O.Box 534 Cutchogue,New York 11935 J`tT Rev Cornelius Fulford, Pastor Chairman Deacon Board: Church Office: (631)734-6108 Deacon Joseph Johnson III Pastor Res: (631)537-7891 (516)578-9119 Chairman Trustee Board. Church Clerk: Deacon Charles Phelps,Jr. Sister Denise Ross (631)603-8294 (631)298-4826 April 17, 2016 ,EC EIVEG APR 252016 Town of Southold ZZONING BOARD OF APPEALS Zoning Board of Appeals Attn: Leslie Kanes Weisman, Chairperson P.O. Box 1179 Southold,NY 11971 Re: ZBA File# 6882 (Sannino) Dear Ms. Weisman: Please be advised that this is a written request to set aside the determination of the Southold Zoning Board of Appeals that granted the request for a variance for the proposed winery adjacent to our church property on the grounds that the applicant provided false and misleading testimony and information to the Board. We have had an opportunity to review the March 17, 2016 determination of the Board that granted the variance. It appears that the Board in granting the variance, relied in part, on the sworn testimony of the applicant that he made offers to purchase 5 surrounding properties, a survey showing the parcels and emails from a real estate agent that confirmed that the applicant made a fair market offer. We respectfully sub.—..it to the Board that this testimony and the documents submitted were false and/or misleading. The applicant reported on the survey that he made a"formal" offer to the First Baptist Church of Cutchogue, but that we were "not willing to sell at this time." This is simply not true. The Church was more than willing to discuss the sale of a portion of our property, however, we only received a"take it or leave it" offer that is substantially below fair market value. At the time the offer was made we were informed that if we did not accept the offer Mr. Saninno would go to NY State to get his winery approved anyway. In addition, the letter from the Real Estate agent contradicts the testimony and survey from Mr. Sannino. In her letter, she stated that they viewed several properties but only made an offer on one property, on Alvah's lane, but that in her opinion the owner wanted far above fair market value for the property. She makes no mention of a fair market offer for our property. Finally, as stated above, the offer for our property was well below market value. The letter from the real estate agent in support of the applicant stated that she estimated fair market value to be approximately $73,000.00 an acre. The offer made to the Church was almost half of what the applicant's real estate agent was at fair market price. + Our Only Mission: Christ's Comforl Our Uizly Mission. Saving Souls St.John 14 1 James 5 10 Therefore, based on the foregoing the First Baptist Church of Cutchogue respectfully requests that the Board set aside the March 17, 2016 determination that granted the above- mentioned variance and re-open the hearing so that the Board may receive further testimony and evidence with regard to the veracity of the information provided by the applicant. Sincerely, eki,P� Charles Phelps, Jr. �l Trustee Chairperson `. RECEIVED APR 2 5 2016 Rev. Cornelius Fulf Pastor ZONING BOARD OF APPEALS cc: Scott Russell, Town Supervisor Town Board BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF $�UryO 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer T Q Town Annex/First Floor,Capital One Bank George Homing ��• • �O 54375 Main Road(at Youngs Avenue) Kenneth Schneider COU Southold,Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax (631)765-9064 April 27,2016 First Baptist Church of Cutchogue Attention: Mr. Charles Phelps and Rev. Cornelius Fulford P.O. Box 534 Cutchogue,New York 11935 Dear Mr. Phelps and Reverend Fulford: On April 25, 2016, I received your letter requesting that the Board of Appeals reopen the public hearing on ZBA file#6882(Sannino) in order-to receive additional testimony regarding the veracity of the applicant's efforts to purchase additional acreage for his proposed winery. Please be advised that I will distribute copies of your letter to each of the Board members and place your request on the agenda for consideration at our next regular meeting to be held on May 5, 2016. It should be noted that in order to re-open a public hearing, a unanimous vote of the Board is required. Sin ly yours, c Leslie Kanes Weisman Chairperson,ZBA � 1 led RECEIVEDv�3/a' P i� Town Of Southold �AAY 3 2016 Zoning Board of Appeals ZONING BOARD OF APPEALS Attn: Leslie Kanes Weisman Chairperson Dear Ms. Weisman, I am writing to address the accusations mentioned by Charles Phelps, Jr. and Pastor Rev. Cornelius Fulford of the First Baptist Church of Cutchogue in their letter dated April 17, 2016. 1 assure you that my testimony from my hearing on March 3, 2016 was truthful and accurate. On January 25, 2016 1 e-mailed a very generous offer to Kim Mcgill ( Deaconess of the First Baptist Church of Cutchogue), I have included the written offer. I was called by Pastor Fulford at a later date to meet him on the church property to discuss my offer. Pastor Fulford did not show, however Mr. Phelps and another gentleman Jerry did show and told me that the trustees of the church had agreed not to sell us the property. They also mentioned that they may need the property for a possible future church house. You will see that our generous offer of $40,000.00 is actually almost double the value of comparable non- buildable acreage in the town of Southold and better than a fair market offer. I have included a letter from a local realtor confirming this land value. The reason for presenting the value of this property as non- buildable is that it would not be considered a potential building lot for a residence if we were to purchase it with a lot line change. The minor subdivision this land would be coming from has covenants and restrictions that do not permit further subdivision for additional building lots. I believe the First Baptist church is confused when referring to the $73,000.00 our real estate broker mentions with regard to acreage that is actually buildable and that she is also referring to the Alvahs lane property we attempted to purchase.(see attached) As you can see on my offer letter this was not a take it or leave it offer, I did in fact include many other very generous options and free construction services. My offer was completely sincere and I am now shocked to know of these accusations. I would have loved for the members of the Church to provide a counter offer which they opted not to provide. Your board also provided two public hearings providing advanced notice in which the members of the church could have made comments. I did not involve a real-estate agent or broker when making an offer to the Church because their property was not formally listed for sale. I did recommend to the Church members including Kim Mcgill that they should involve a real estate agent or broker to help them determine the land value. I am also including a recent sale on Alvahs lane of a vineyard and farm that is not buildable to show what the current average price of non-buildable acreage is. Thank You Anthony Sannino RECEIVED MAY 3 2w ZONING BOAkD OF APPEALS (O,(T� OW la-TIR-0 1(0 MAY 3 2016 First Baptist Church of Cutchogue, ZONING BOARD OF APPEALS We would like to begin with thanking you for the time past and present you have devoted in assisting us with the Town of Southold process for us to obtain a building permit. The town of Southold has an overly restrictive code that requires wineries to have 10 acres of land. Wineries are the only agricultural operations that have any type of land requirements in this town or any other in New York State. New York State Agriculture and Markets has made it clear to us that they will support us in overturning the Town code. We would prefer to satisfy the code by purchasing the one acre we need in order to keep a friendly standing with the town and community. We have offered to purchase 1.17 acres from you The First Baptist Church of Cutchogue for $40,000.00 which we believe to be almost double the value of current farm land in our area. We would also pay for the legal paper work and town procedures to create the lot line change. We would now like to make the same offer with the written intention to reverse the lot line change in the future should the church require the additional land for future construction use. We would again pay for all the expenses associated with this and we would not require a refund of our initial purchase. Our intention is to purchase one or both of the properties on Alvahs lane in order to meet the town requirements but the seller of the one that is currently on the market is not being reasonable with the sale price trying to profit from our need. We are also offering as added value Anthony's construction expertise and service to act as a project manager for the current construction of your new Church. We strongly believe Anthony can achieve up to 20% savings on all aspects of your project. You can exercise this option at any time even if you do not sell us the land; Anthony is willing to help you in any way. (PS he will be fixing the electrical panel once we have clear weather) The town has also offered us the ability to put a farming easement on a property that will not be as expensive or time consuming as a lot line change. If the church would consider this option we would pay an agreed sum to be determined. This option would not require a refund of money either when we remove the easement. Thank You, Anthony and Lisa Sannino 'Ile Geed, ��cE1v�a r Z01� MAY 3 ZONING BOP'RD o� APPEAL S CfLLOP*,- -� `� RECPI g t/ 3 ''1"016 Real Estate u ZONING BOARD OF APPEALS www.nofopropeities.com February 24, 2016 -�- �� Southold Town Zoning Board -}- 54375 Main Road PO Box 1179 Southold, NY 11971 Q� To Whom It May Concern: I have been representing Mr. & Mrs. Sannino in the purchase of vacant land in the Town of Southold. We viewed several properties, but many of those properties were not be feasible and/or are priced well above market value, as such making it difficult for the Sannino's to obtain. However, we were able to locate a property nearby and I presented an extremely strong offer on their behalf for 6805 Alvah's Lane(see attached listing, offer and the seller's response), based on the current comparative properties on the market. Any higher offer would be beyond common business sense and at the same time create a hardship for the Sannino's. I have attached another vacant property currently listed for sale (please see attached) to utilize as a comparison. 6805 Alvah's per acre cost is an exorbitant$165,000 per acre, whereas the other Alvah's per acre cost is $73,000 per acre. The Sannino's spent an extensive amount of time seeking a vacant parcel that would meet their needs and be a sound business purchase. As you can see from the attached information, without creating a hardship for the Sannino's, nor to spend over market value for a vacant parcel nearby, there are no viable options. If you have any questions, please do not hesitate to call me. Thank you. Susan Orioli, Esq. NOFO Real Estate, LLC 13105 Main Road, PO Box 61 Mattituck, New York 11952 Tel. (631) 298-795.3 sorioliesol.com Please visit our website for additional information. www.noLoproperties.com l?61 aid Real Estate .\ .ill Iliijt t� ;n'luill " .sol,? ` n 8V ` May 3, R 2016 ECEI VV VEE Southold Town Zoning Board tw 3 -1016 54375 Main Road PO Box 1179 ZONING BOARD OF APPEALS Southold, NY 11971 To Whom It May Concern: In regard to Mr. & Mrs. Sannino's matter, please be advised that the recent comps for vacant unbuildable land in the Cutchogue area is approximately $23,000 per acre. Please see the attached closed listing on February 4, 2016 of vacant drs property located at 1350 Alvah's Lane, Cutchogue consisting of 22.81 acres which sold at $545,000. If you have any questions, please do not hesitate to call me. Thank you. Regards, jaswL C� Susan Orioli, Esq. Licensed Real Estate Broker NOFO Real Estate, LLC 13105 Main Road, PO Box 61 Mattituck, New York 11952 Tel. (631) 298-7953 1350 Alvahs Ln, Cutchogue, NY 11M1 Sold PH 545,000 ML#:2792303 Lan LSC: CL Sec/Area: Lot Size: 22.81 Schools: 9 Mattituck-Cutchogue Lot Sqft: 993604 Taxes: $3,849.00 Vill Tax: Acres: 22.81 Total Taxes: $3,849.00 Frontage Feet: Dis: 1000 Sec: 10200 Minimum Plot: Block: 400 Lot: 6001 #Plots: Adjacent Lot#: Possible Subdivision: Near#: Zoning: Other 6-1.: Feet From Corner: Compass Points: d Cross Street: Route 25 +41 Walk Score* 12 Directions: Route 25 To Alvahs Lane.Property Is On East Side. Property Description: Cutchogue-This Bucoli 22+- Cres Farm Combines Space For Horses Or Field Crops With An Established 7+-Acre Vineyard Planted With Varietals Including Cabernet Franc, erlot,Syrah And Petit Verdot.4 Stall Barn Permit In Place.All In The Sunny Heart Of The North Fork. Perfect For Your Agricultural Pursuits.Adjacent Residential Lot Is Also Available For Sale. Land Desc/Utilities Water Description/Interior Approvals/Permits Road Surface: Waterfront: N Board of Health Approved: Paved/Unpaved: Waterview: N Planning Board Approved: Wood/Cleared:C Water Frontage: Building Permit: Level/Rolling: Bulkhead: Survey: Public Water: Docking Rights: Government Approval Pending: Well: Y Beach Rights: Variance Needed: Sewer: N Other Approval Necessary: Gas: Electric: Special Conditions: Development Rights Sold Short Sale: N REO: N List Date: 8/28/2015 Original LP: $595,000 RECEIVED Under Contract Date: 12/01/2015 Prior LP: � A Prop Tide Date: List Price: $595,000 MAY 3 1U16 Title Date: 2/04/2016 Sold Price: $545,000 Withdrwn/Rel Date: Owner Financing: Comm Oblig Date: Owner W/Subordinate: ZONING BOARD OF APPEALS Relist Oblig Date: W/R Conditions: OCC �3 Acs e- oc is�) '�-s 4 �r #,q -o -�c- )VC14 Prepared by-Susan Orioli NOFO Real Estate LLC (631)298-7953 ���� s000ii@aol.com 05/03/2016 9:50 AM C- / Information supplied by third parties and not by Molbple Lisbng Service of Long Island,Inc, ��`LLLLJJJJ Infornabon Copynght 2016,Multiple Listing service of Long Island,Inc. ML#: 2792303 ._50 Alvahs Ln LS as.. u. miss ' y agricultural land aerial vlev, fenced room for horses vineyard North Fork farm r Wk 9 ya EEEJJJ r. wine grapes varietal vines RECEIVED MAY 3 Z01 ZONING BOARD OF APPEALS Prepared by:Susan Orioli NOFO Real Estate LLC (631)298-7953 sorioli@aol.com 05/03/2016 9:50 AM Information supplied by third parties and not by Multiple Listing Service of Long Islandfric. Information Copyright 2016,Multiple Listing Service of Long Island,Inc. LSC: CL 1350 Alvahs Ln, Cutchoy..-, NY, 11935 Sob ce: $545,000 Sec/Area: Lot Size: 22.81 Building Permit: Cross Street: Route 25 Lot Sqft: 993604 Public Water: Zoning: Other Acres: 22.81 Well: Y Taxes: $3,849.00 Village Tax: #Plots: Poss Subdiv: Sewer: N Total Taxes: $3,849.00 Minimum Plot Size: Gas: Waterfront: N Waterview: N Variance Needed: Electric: Corner Prop: Survey: ML#: 2792303 u w a A agricultural land aerial view fenced n room for horses vineyard North Fork farm f, AW 3 II DI a wine grapes varietal vines �p� 3 2Qti� ONING 500,0 0f A�Ep Z Prepared by:Susan Orioli NOFO Real Estate LLC (631)298-7953 sorioli@aol.com 05/03/2016 9:50 AM Information supplied by third parties and not by Multiple Listing Service of Long Island,Inc. Information Copyright 2016,Multiple Listing Service of Long Island,Inc. 25 ,- I , b, `J,_tLs]f pea:+_rtBZ ;b,ri�4z: #_Address Town Price LSC ML# 1 1350 Alvahs Ln Cutchogue $595,000 CL 2792303 X89- RECEIVEL: MAY 3 !01F .ZONING BOARD OF APPEALS Prepared by-Susan Orioli NOFO Real Estate LLC (631)298-7953 sodoli@aol.com 05/03/2016 9:50 AM Informabon supplW by third parties and not by MWhple Ushng Semce of Long Island,Inc Information Copynght 2016,Multiple Ushng Service of Long Island,Inc. St Ntj�tj � D U V J� 14 lvrGhs L q-- (01 U ti y 1/ 9 -7g05 O ,�� 1193 (�'e, 0� (o P CN jC ice' 119 I , coq CL �.� / -v n - 0,,) , F., d'�� Q 4'�'t A-/VuAAA �x �L�� CA-11- = n YKf? nA- �ti AO-C/VL�f /YLl eAj a« 9A v rr� . j� L<L�- On CaAG CIA-" Q� L4 CaffjL�� ,67jn,-�" P� 01, QLAt 1s , =� J 6Lt" ` an Q,Y,.cL -r a ry-- Zoning Board Resolution to Re-Hear Appeal#6882 O JUL _ ] 2016 11y.-__4�' BOARD'S DECISION TO REHEAR APPEAL IS IMPROPER This Board adopted a resolution to "rehear" the appeal of Anthony and Lisa Sannino. It is our understanding that the Board acted in a reaction to a letter from the First Baptist Church of Cutchogue ("FBCC") dated April 17, 2016 and received by the Zoning Board on April 25,2016. [Exhibit A] The FBCC letter accuses Mr. Sannino of giving false testimony and submitting false or misleading documents to the Board at the public hearings on this application. The FBCC letter is libelous and defamatory, and this Board accepted the accusations contained therein and refused the Sanninos an opportunity to respond and rebut the misinformation contained in the FBCC letter before the Board vote to rehear the appeal.' In doing so,the Board acted in complete disregard of the fundamental rights of due process and fairness of the Sanninos and is now rehearing a decided matter.2 The Sannino appeal was the subject of public hearings September 3, 2015,November 5, 2015, February 18, 2016 and March 3, 2016. FBCC received notice of these hearing dates and chose not to attend or to participate in these hearings with the exception of the November 5 hearing date at which time Rev. Fulford spoke favorably of the Sannino application and assuring that FBCC looked forward to working with them cooperatively. The Board's decision in this appeal was filed in the Office of the Town Clerk on March 22, 2016. More than 30 days after the Board filed its decision and beyond the statute of limitations in which to challenge the Board's grant of relief in the Sannino appeal,the FBCC letter to the Board date stamped April 25,2016 seeks to annul the Board's decision. FBCC now asks this Board to reverse its decision and deny the variance already granted when its proper recourse was to appeal the decision to the Supreme Court in an Article 78 proceeding. As a matter of law the Board should have rejected post-public hearing "evidence" or accusations and demands that the Board reverse its decision. FBCC accuses Mr. Sannino of giving false testimony at a meeting which they admittedly did not attend. FBCC also acknowledges that they have not read a transcript of the March 3, 2016 public hearing at which they wrongly accuse Mr. Sannino of committing perjury. And this 1 The Sanninos wrote to the Board prior to the Board's May 5h resolution to rehear the appeal attempting to correct the misunderstandings and misstatements set forth in the FBCC April 17t' letter. [Exhibit B] The Sannino correspondence was rejected and not considered by this Board prior to its vote to rehear the appeal. 2 The Board Chair then wrote to FBCC confirming receipt of the FBCC letter without copying or advising the Sanninos or their counsel. Board has compounded the fundamental unfairness to the Sanninos by voting to rehear this appeal. The Board's action is unprecedented, and,more importantly,unfounded. If the Board proceeds with this rehearing, it does so over the objection of the Sanninos who preserve all of their rights under the law,notwithstanding their participation in the hearing. ACCUSATIONS OF FALSE TESTIMONY ARE WRONG Here are the facts as presented by Mr. Sannino: An offer was made on January 25,2016 to FBCC to purchase a small amount of unbuildable land [Exhibit C]. The 1.17 acres are unbuildable in the sense that it would be acreage taken from the church property and added to the Sannino property. It would not have the value of a separate buildable property. The Sanninos offered$40,000 for the 1.17 acres, for land that would be incorporated by a lot line change into the Sannion property. The offer was almost double the value of similarly unbuildable land. The offer included having the Sanninos incur all of the expenses associated with the lot line change, and even included an offer to reverse and undo the lot line change if the church needed the land for future use with the Sanninos paying all of those costs as well. Lastly,the offer included Mr. Sannino's services as a construction project manager for the church's unfinished church building. The offer was presented to FBCC January 25, 2016 to representative Kim McGill, and the offer was declined by representatives of FBCC at a subsequent meeting with Mr. Sannino. At a meeting between FBCC and the Sanninos on June 14,2016 FBCC admitted having received the January 2016 offer and confirmed that it was rejected. Having rejected the offer, and not having attended the March P public hearing at which time the Sanninos provided sworn testimony describing the efforts to acquire adjoining property, FBCC mistakenly relies upon a letter submitted by the Sanninos addressing the valuation of a buildable 2 acre property on Alvah's Lane. The realtor valued the Alvah's Lane property as buildable land at$73,000 per acre or$146,000 for the lot. That was the lot which the owner's attorney advised this board in the November public hearing could be obtained for$358,000 [a price more than double the realtor's value.] The realtor's valuation addressed a property that could be used for residential purposes. It did not value land such as the Church's which would simply be incorporated by a lot line change, and-which would not be a separate buildable property. FBCC misunderstood this information and have wrongly accused the Sanninos of offering a price to FBCC below its value. The Sannino offer was generous and it was rejected. The Sanninos did not present false or misleading testimony or documents to this Board. CONCLUSION The Board erroneously voted to rehear Appeal#6882 in violation of fundamental due process and fairness rights of the Sanninos. The accusation of false testimony and documentation are demonstrably unfounded, and there is no basis to rehear the Appeal or to take another action other than to reaffirm the Board's original decision. BOARD MEMBERSSOUrSouthold Town Hall o��OF yol Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �p �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider CnUNV 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, JULY 7, 2016 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, JULY 7, 2016: 1:00 P.M. - ANTHONY and LISA SANNINO #6882 — (Reopened on 5/5/2016 by unanimous Board resolution) Request for Variance under Article III Code Section 280-13A(4) and the Building Inspector's June 17, 2015, amended June 23, 2015 Notice of Disapproval for a building permit to construction of a winery/tasting room, at: 1) winery located on a parcel less than the code required minimum of at least 10 acres devoted to vineyard or other agricultural purposes, located at: 15975 County Route 48 (aka Middle Road) and 7495 Alvah's Lane Cutchogue, NY. SCTM#1000-101-1-14.6&14.4 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: kimf@southoldtownny.gov Dated: June 6, 2016 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Z.,..ING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website- http://southtown.northfork.net June 6, 2016 Re: Town Code Chapter 55 -Public Notices for Thursday, July 7 , 2016 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 June 20th: 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 June 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 June 29th: 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 July 5, 2016. 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 �40 i #12842 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 30th day of June, 2016. Principal Clerk Sworn to before me this day of 2016. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County My Commisslon Expires Februoty 26,2020 _ tor's February 23,2016 Amended March family dwelling,at;1)less than the code review during regular business hours and LEGAL NOTICE 24, 2016 Notice of Disapproval based required minimum side yard setback of prior to the day of the hearing. If you SOUTHOLD TOWN ZONING on an application for building permit to 10 feet,located at:205 Knapp Place,(aka have questions,please contact our office BOARD OF APPEALS demolish existing dwelling and construct 326 Knapp Place)Greenport,NY SCTM at,(631) 765-1809,or by email:KimF@ THURSDAY JULY 7,2016 a new single family dwelling and a new #1000-34-2-18.1 southoldtownny.gov PUBLIC HEARINGS accessory in-ground swimming pool,at; 11.20 A.M.-ROBERT AND BETH Dated:June 13,2016 NOTICE IS HEREBY GIVEN,pur- 1) proposed accessory in-ground swim- ELLIOTT#6967-Request for Variance ZONING BOARD OF APPEALS suint to Section 267 of the Town Law and ming pool in location other than the code from Article XXII Section 280-116A(1) LESLIE KANES W EISMAN, Town Code Chapter 280(Zoning),Town required rear yard or front yard on wa- and the Building Inspector's March 17, CHAIRPERSON of Southold,the following public hearings terfront property,2) proposed dwelling 2016 Notice of Disapproval based on an BY Kim Fuentes will be held by the SOUTHOLD TOWN results in existing accessory shed in loca- application for building permit to con- 54375 Main Road(Office Location) ZONING BOARD OF APPEALS at tion other than rear yard or front yard on struct an addition to an existing single 53095 Main Road(Mailing/USPS) the Town Hall,53095 Main Road, P.O. water front properties, located at 1795 family dwelling at;1)proposed addition P.O.Box 1179 Box 1179, Southold, New York 11971- Central. Drive (Summit Drive), Matti- is less than the code required setback Southold,NY 11971-0959 0959,on THURSDAY JULY 7 2016 tuck,NY SCTM#1000-106-1-30.2 of 100 feet from the top of the bluff,2) 12842-1T6130 9-15 A.M. - RUSSELL H BATES 10•.30 A.M.-ROBERT AND CHRIS- proposed addition exceeding 1,150 sq.ft. #6964-Request for Variances from Arti- TINE HEMPEL #6969 - Request for total building area as stated in condition cle XXIII Section 280-124 and Article III Variances from Article XII Section 280- no.I of the prior ZBA decision No.5555, Section 280-15 and the Building Inspec- 116A(1)and Article XXIII Section 280- dated October 7, 2004, located at: 275 tor's April 18,2016 Notice of Disapproval 124,and the Building Inspector's May 11, West Road,(adj.to Cutchogue Harbor) based on an application for building 2016 Notice of Disapproval based on an Cutchogue,NY SCTM#1000-110-7-11.1 permit to construct an accessory storage application for a building permit to con- I-,00 P.M.-ANTHONY AND LISA shed,at;1)more than the code permitted struct a new roof over an'as-built'front SANNINO #6882 — (Reopened on maximum lot coverage of 20%,2)acces- porch and new screened enclosures over 5/5/2016 by unanimous Board resolution) sory storage shed proposed in other than existing rear deck attached to an existing Request for Variance under Article III the code required rear yard,located at:15 single family dwelling,at;1)the proposed Code Section 280-13A(4)and the Build- Mill Road,(adj.Mattituck Creek)Matti- deck enclosure,'as built'front porch with ing Inspector's June 17,2015,amended tuck,NY SCTM#1000-106-4-2 proposed roof is less than code required June 23,2015 Notice of Disapproval for a 9.30 A.M. (ADJOURNED FROM setback of 100 feet from the top of the building permit to construction of a win- MAY 19 2016 SPECIAL MEETING)— bluff,1)less than the code required mini- ery/tasting room, at: 1) winery located JAMES O'HAGEN #6945 - Applicant mum side yard setback of 10 feet,2)less on a parcel less than the code required requests a Special Exception under Ar- than the code required total side yard set- minimum of at least 10 acres devoted to ticle III Section 280-13B(14).The Appli- back of 25 feet,located at 160 Lakeview vineyard or other agricultural purposes, cant is the owner requesting authoriza- Terrace,E.Marion SCI'M#1000-3l.-9-17 located at:15975 County Route 48(aka tion to establish an Accessory Bed and 10.45 A.M.-NEIL AND LORI KE- Middle Road) and 7495 Alvah's Lane Breakfast, accessory and incidental to ARNS#6962 - Request for Variances Cutchogue, NY. SCTM#1000-101-1-14.6 i the residential occupancy in this single- from Article XXIII Section 280-124 and &14.4 family dwelling,with four(4)bedrooms the Building Inspector's April 5,2016 No- 1:30 ENL- (ADJOURNED FROM for lodging and serving of breakfast to tice of Disapproval based on an applica- AIPPJL 2L 2016 SP>FML• MEET- the EETthe B&B casual,transient roomers. Lo- tion for building permit for additions and ING)—F KANK L and ELIZABETH C cation of Property:1125 Windward Road alterations to an existing single family KELLY#6946-This is a request under Orient,NY SCTM#1000-14-2-30.1 dwelling,at;1)less than the code required Section 280-146D for a Reversal of the 9:45 A.M. - WICKHAM ROAD, minimum side yard setback of 20 feet, restriction on the length of watercraft LLC#6968-Request for Variance from 2)less than the code required total side permitted at the marina as listed in the Article X,Section 280-45A&C(2)and yard setback of 40 feet,located at:18075 Pre-CO #38052 issued 1/14/2016, prop- the Building Inspector's March 22,2016 Soundview Avenue,(adj.to Long Island erty located at:1900 Great Peconic Bay Notice of Disapproval based on an appli- Sound) Southold, NY SCTM#1000-51- Boulevard(adj.to Brushes Creek),Lau- cation for building permit to maintain an 1-8 rel,NY. SCI'M#1000-145-4-3 apartment,l)existing apartment without 1100 A.M.-GABRIEL AND KATH- The Board of Appeals will hear all a principal use building,located at:12800 ERINE ACRI#6966-Request for Vari- persons or their representatives, desir- Route 25,(NYS Route 25)Mattituck,NY ance from Article XXIII Section 280-124 ing to be heard at each hearing,and/or SCTM#1000-11.4-11-15 and the Building Inspector's April 27, desiring to submit written statements 10:10 A.M.-BILL LIVANOS#6965 2016 Notice of Disapproval based on an before the conclusion of each hearing. -Request for Variances from Article III application for building permit for addi- Each hearing will not start earlier than Section 280-15 and the Building Inspec- tions and alterations to an existing single designated above. Files are available for T, •n AT TATUrk r -ws TOWN OF SOUTHOLD �-�Oboo � , ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK SiXo(111I� AFFIDAVIT OF In the Matter of the Application of MAILINGS A4T-1to SOgfJ►iia C) (Name of Applicants) SCTM Parcel# 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, ra ed j 2S residing at New York, being duly sworn, deposes and says that: On the -7 day of 1 Lk4 e , 201fe, I personally mailed at the United States Post Office in —gLttffvL-r> , 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 ( )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 ap lic 's pr erty. (Signature) � Sworn to before me this CONNIE D.BUNCH "744-) day of �iV�►'� , 20 lQ Notary Public,State of New York n No.01 BU61 SW50 Gl Commission n in ices c County Commission Expires Aprtl 14,2 d a u (Notary Public) 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. U.S. PostaOticnnce Coverage provided) ly ,� D. Only, .. 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C 0*ftl.06residing at New York,being duly sworn, depose and say that: On the day of �N� , 201&, 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 (Signature) Sworn to before me this (� Day of J u�J e , 201 �c KIM E. Ft11zNTElf Notary Public, Stat`ol Nm York No.4811709 Qua*iod in Suffolk tRtCounty (Notary Pub ic) Com �ea April 30,.rDU7 * near the entrance or driveway entrance of my property, as the area most visible to passerby. 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Article Number (Transfer from service label) - PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE ■ Complete items 1,2,and 3.Also complete nature item 4 if Restricted Delivery is desired. ❑Agent ❑Addressee ■ Print your name and address on the reverse - so that we can return the card to you. v y(Prin Name) C. Date of Delivery ■ Attach this card to the back of the mailpi -e or on the front if space permits. . Is del SII different m item 17 13 Yes 1. Article Addressed to: If YE,ent4 ivery address below: ❑ No �C N 3. Service T ❑ ail ❑Express Mail 12�C O E3 Return Receipt for Merchandise F d Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SECTIONDELIVERY COMPLETE • ■ Complete items 1,2,and 3.Also complete A Signatu� ❑Agent item 4 If Restricted Delivery is desired. 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Article Number (Transfer from service label) i"�' PS Form 3811,February 2004 Domestic Return Receipt COMPLETE • ON DELIVERY SECTIONSENDER: COMPLETE THIS ■ Complete items 1,2,and 3.Also complete A. Signat re ❑Agent item 4 if Restricted Delivery is desired. ( ssee ■ Print your name and address on the reverse C. Date of Delivery so that we can return the cans to you. B. Received by(Prin ■ Attach this card to the back of the mail piece, or on the front if space permits. D tfrom item 1? ❑Yes 1. Article Addressed to: _ ^�v/,��^ S,ent�aeli ry dress below: ❑No �,pf�{� `�f�J'•1 'L/LvG` v J �LIJ c7 W c�' N �- c7 c A)� 3. ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service labeq PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETESECTIONCOMPLETE • • DELIVERY ■ Complete Items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. R?pelved by(Printed Nam kPll Date of Delivery ■ Attach this card to the back of the mailpiece, Q h G e ld 1 or on the front if space permits. D. Is delivery address different fro Q;, Yes 1 Article Addressed to: If YES,enter deliveryadd ACES S)A c�DIYI1�� CC � ?G 3. Service Type Oe- ❑Certified Mail ❑Express ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) Q Yes 2. Article Number /^/ n 7. 06D_0y/� (Transfer from service label) /0 3 0 6a D 6 PS Form 3811,February 2004 Domestic Return Receipt 4p2-M-1540 t 1 SENDER: -.US SECTION Ei' COMPLETE TMWCTION ON DEUVERY ■ Completeitarliiaaj •3.Also complete A. signature item 4 if Resti'fC�&Nflvery is desired. ❑Agent ■ Print your name and address on the reverse X4` ❑Addressee so that we can return the card to you. B. Receiv Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, pQ or on the front if space permits. U D. 1 add d from item 1? ❑Yes 1. Article Aid to: Y ,enter,d`If�p�jr O below: ❑ No 7-CAo,�-/ A yzl�3s gee / 3.3viae Type OCertifled Mall ❑Express Mail d Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 NT1ui. E vF HEARINi� The following application will be heard by the Southold Town E oard of Appeals at Town Hall , 53095 Main Road , Southold : NAME : SANNINO , ANTHONY # 6882 SCTM # : 1 000- 1 01 - 1 - 1 4 . 4 14 . 6 `lAR1ANCE : PROPERTY SIZE REQUEST: WINERY TA TING ROOM DATE :0 THURS . , JULY 79 2016 7 : 00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765- 1809 November 5, 2015 Regular Meeting ALEXANDER AQUINO : I didn't mean to imply there would be inappropriate noise levels. The chief concern is really the property value (inaudible) as a result as unintended noise. Thank you. CHAIRPERSON WEISMAN : You're very welcome. Is there anyone else? Please come forward and state your name. REVEREND FULFORD : My name is Reverend Cornelius Fulford. I'm the pastor of the First Baptist Church. CHAIRPERSON WEISMAN :That's the church that's next door. REVEREND FULFORD : Yes. We have met with Anthony more than once to talk about the existing property that he trying to acquire and my church I had a meeting with my church and my trustees and we are willing to help out with whatever we can. The church is in process now of completing our new church and Anthony and the church and the trustees will sit down and map out the strategy of his property as well as ours. Our church even willing to sell him if he so desire an acre of land that is connected in the back to his land and so we trying to complete our church and we also trying to help anybody in the Town of Southold who want to come and build the Town up and do whatever they want and so in order for us to have a community that we all be pleased with and that's the reason why even though our church have quite a lot of peoples but they are willing to assist and help out and also Anthony whatever he trying to do because he came and talked to us about what he planned on doing and how he planned on doing it and so I just came to day to let you know that we are in agreement and whatever we can do we are willing to do because we are planned on completing our church for this community not just First Baptist Church in Cutchogue it's the community church for all of the Town of Southold and that's what we're trying to do and so God bless you and have him smile upon you and so I wanted to let you know the church the way the church feel about it. CHAIRPERSON WEISMAN : Thank you so much. Thank you for your testimony. Please come forward and state your name. MIKE FALCETTA : Mike Falcetta. I'm from Sparkling Pointe in Southold. I just want everybody to know if you don't know Anthony and Lisa and as you're going through this sort of consideration that if you're questioning their style of business practice you should go visit the existing business that they already have. CHAIRPERSON WEISMAN : We know it well. MIKE FALCETTA : Okay and it's well run. They live here. Their kids go to school here. Anthony is an honest and upfront contractor as well he has his business here in Southold. This isn't somebody that just comes out here on the weekends and just wants to pop up a farm. He's 19 1 March 3, 2016 Regular Meeting , 96a cam- c�.i,�� ►�.� ANTHONY SANNINO : so help me God. MEMBER GOEHRINGER : Pat could you close that back door for me. PAT MOORE : Yes. MEMBER GOEHRINGER : Thank you so much front door actually. CHAIRPERSON WEISMAN : Okay please tell us what happened. ANTH014Y SANNINO : So in front of you you have a map and surrounding our properties. We have lots 14.4 and 14.6 all of the shaded lots are lots that we attempted to purchase. I'm going to start with the most obvious at the last hearing lot number 4 some of you have black and white there the color coordinates on the other one colored copy but number 4 was the church adjacent to us. We did make a formal offer to them. We thought it was pretty much a done deal from our last hearing the pastor seemed to think it was going to work very well. Unfortunately they have a trustees group and not everybody agreed on it so at this time they said it wouldn't be in their means to sell it so that was number four and probably the easiest purchase that did not happen. On number one which is actually a listed property and at our last hearing the seller and the seller's broker were here. The broker did speak. We did make a formal offer and we're going to submit also the offer that we made so we do have that one in writing and it is an offer that is pretty much what market value is if not exactly what market value would be so we have comparables from our real estate broker as well so that attempt was made and also declined and we have the decline in a letter from the listing broker. Lot two is owned by a gentleman that lives in Greece. The neighboring if you look at the unshaded lot number two which is one over provided the phone number cause they're actually friends and we did contact him and at this time he's not ready to sell his property and actually not he probably would consider it if it was way over market value is what he said but he's not willing to sell at market value. Number three over to your right is also willing to sell but it's too small to satisfy our needs to meet the current town code. Number five is the Wickham Estate and we did speak to Gail Wickham regarding that and at this time they're not willing to sell any property there. So those are all our attempts. CHAIRPERSON WEISMAN : Where's five on here? ANTHONY SANNINO : At the very bottom shaded area at the bottom. CHAIRPERSON WEISMAN : I see I saw all the markings and I didn't see the five. ANTHONY SANNINO : Right. MEMBER DANTES : How big was lot number three? 721 March 3, 2016 Regular Meeting �aGt,V�✓� 1 cn.� ANTHONY SANNINO : so help me God. MEMBER GOEHRINGER : Pat could you close that back door for me. PAT MOORE : Yes. MEMBER GOEHRINGER : Thank you so much front door actually. CHAIRPERSON WEISMAN : Okay please tell us what happened. ANTHONY SANNINO : So in front of you you have a map and surrounding our properties. We have lots 14.4 and 14.6 all of the shaded lots are lots that we attempted to purchase. I'm going to start with the most obvious at the last hearing lot number 4 some of you have black and white there the color coordinates on the other one colored copy but number 4 was the church adjacent to us. We did make a formal offer to them. We thought it was pretty much a done deal from our last hearing the pastor seemed to think it was going to work very well. Unfortunately they have a trustees group and not everybody agreed on it so at this time they said it wouldn't be in their means to sell it so that was number four and probably the easiest purchase that did not happen. On number one which is actually a listed property and at our last hearing the seller and the seller's broker were here. The broker did speak. We did make a formal offer and we're going to submit also the offer that we made so we do have that one in writing and it is an offer that is pretty much what market value is if not exactly what market value would be so we have comparables from our real estate broker as well so that attempt was made and also declined and we have the decline in a letter from the listing broker. Lot two is owned by a gentleman that lives in Greece. The neighboring if you look at the unshaded lot number two which is one over provided the phone number cause they're actually friends and we did contact him and at this time he's not ready to sell his property and actually not he probably would consider it if it was way over market value is what he said but he's not willing to sell at market value. Number three over to your right is also willing to sell but it's too small to satisfy our needs to meet the current town code. Number five is the Wickham Estate and we did speak to Gail Wickham regarding that and at this time they're not willing to sell any property there. So those are all our attempts. CHAIRPERSON WEISMAN : Where's five on here? ANTHONY SANNINO : At the very bottom shaded area at the bottom. CHAIRPERSON WEISMAN : I see I saw all the markings and I didn't see the five. ANTHONY SANNINO : Right. MEMBER DANTES : How big was lot number three? 72 -BOARD MEMBERSSOF s®(/rSouthold Town Hall y Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 - �O l0 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 0 54375 Main Road(at Youngs Avenue) Kenneth Schneider lyC®u►�(,� Southold,NY 11971 http://southoldtown.northfork.net RSC QV ZONING BOARD OF APPEALS �j 3 TOWN OF SOUTHOLD MAR 2 2201 " Tel.(631)765-1809 Fax(631) 765-9064 (� S ahold lbwn Clerk - FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MARCH 17,2016 ZBA FILE# 6882 NAME OF APPLICANT:Anthony and Lisa Sannino PROPERTY LOCATION: 15975 County Route 48 (aka Middle Road) and 7495 Alvah's Lane, Cutchogue,NY S.C.T.M. 1000-101-1-14.6 & 14.4. SEQRA 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 July 31,2015 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: Subject property consists of two adjacent parcels, to wit Lot 14.4 and Lot 14.6. Lot 14.4 is a flag lot and is improved with a single family dwelling, and is a conforming 5.2 acres located in the AC Zone District. It has 50.00 feet of frontage on Alvah's Lane, 848.21 feet along the northern property line.- 397.75 ine;397.75 feet along the western property line, 388.43 feet along the southern property and 477.47 feet along the eastern property line all as shown on the survey dated January 24, 2006 last revised July 21, 2015 prepared by John T. Metzger,LS. Lot 14.6 is located in the AC Zone District and is conforming with 3.7 acres of vacant land having 195.81 feet of frontage on the southern property line (Middle Road aka CR 48), 194.22 feet along the northern property line, 838.47 feet along the western property line, and 853.35 feet along the eastern property line all as shown on the survey dated July 16, 2015 prepared by John T. Metzger, LS. Combined both parcels measure 8.94 acres. BASIS OF APPLICATION: Request for Variance under Article III Code Section 280-13A(4) and the Building Inspector's June 17, 2015, amended June 23, 2015 Notice of Disapproval for a building permit for construction of a winery/tasting room, at: 1) winery located on a parcel less than the code required minimum of at least 10 acres devoted to vineyard or other agricultural purposes. RELIEF REQUESTED: The applicant requests a variance to build and operate a winery/tasting room on two adjacent parcels totaling+/- 8.94 acres (389,547 sq. ft.) where the code requires a minimum of 10 acres (435,600 sq. ft.)of property devoted to vineyard or other agricultural purposes. Page 2 of 5—March 17,2016 ZBA#6882—Sannino SUM#1000-101-1-14.6&14.4 ADDITIONAL INFORMATION: 1. The applicants obtained a Special Exception Permit from the Board of Appeals to operate a one guest bedroom bed and breakfast use in their single family dwelling (ZBA File #6194, September 22, 2009) which was increased to the code permitted maximum number of guest bedrooms (five) on July 5, 2012 (ZBA File# SE6565). 2. At the public hearing on November 5, 2015 the applicants testified that they had the option of purchasing additional land adjacent to their existing lots from two different property owners so that they could conform to the code required 10 acres minimum. This expectation was verbally confirmed at the hearing by the Pastor of the adjacent church property and the agent for the owner of the residential lot. 3. Several neighbors attended the hearing who were in support of the application. Two neighbors from the same household testified that they opposed the application. 4. The development rights on both of the subject lots are intact. 5. In a letter dated November 19, 2015, Lisa and Anthony Sannino stated that their residence and B &B use occupies 5,000 square feet of lot 14.4. The remaining 221,864 square feet of lot 14.4 is in agricultural production or used for agricultural purposes. This information was confirmed in a plot plan by Robert J. Gruber,Architect, stamped by the ZBA as received on November 23,2015. 6. The Board requested and received written comments on this application from the Southold Town Planning Board dated September 1, 2015. The Planning Board did not support the requested variance stating concerns about setting a precedent that could have town wide ramifications, and the proposed winery being in close proximity to residential properties. The applicant's agent objected to the latter point because "The Town Code specifically allows wineries in residential zones..." 7. On February 2, 1016, the Board received a written request from the applicant asking the Board of Appeals to proceed with rendering a variance relief determination because they had been unsuccessful in their efforts to purchase additional acreage from adjacent property owners so that they would conform to the code required 10 acre minimum. They also extended to February 18, 2016, the 62 day period from the date of closing of the Nov. 5, 2015 public hearing in which time the Board is required to render a decision. 8. On February 18, 2016 the Board of Appeals voted unanimously to re-open the hearing on the subject application for the sole purpose of entering into the record testimony and written information pertaining to the results of the applicants' efforts to purchase additional property in order to become code conforming. A public hearing was set for March 3, 2016. 9. On March 3, 2016 the applicant testified, under oath, that he had made offers to purchase five properties adjacent to the subject parcels, without success. A survey identifying those parcels and a mails from a real estate agent confirming rejection of the applicant's market rate offers were submitted to the Board. FINDINGS OF FACT/REASONS FOR BOARD ACTION:. The Zoning Board of Appeals held a public hearing on this application on September 3,2015 (adjourned at the applicant's written request to November 5, 2015), on November 5,2015, and on March 3, 2016, 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: Requisite Acreage for a Property with a Dwelling and Winery: In order to determine the minimum lot size for a winery, and in this case a property that also includes a dwelling, the following analysis shall be employed. 1. X280 Attachment 1 Bulk Schedule). The first step in the calculation is to determine how much square feet of land is required pursuant to the bulk schedule: Density and Minimum Lot Size Schedule for Residential Districts. Page 3 of 5—March 17,2016 ZBA#6882—Sannino SCTM#1000-101-1-14.6&14.4 I. The minimum lot size in square feet for a one family detached dwelling in an A-C Agricultural Conservation zone district is 80,000 square feet of land. II. A non-residential use(as permitted) in the AC zone district requires 80,000 square feet of land. III. A residential use and a non-residential use, such as a winery,thus requires 160,000 square feet of land with development rights intact. 2. Development Rights Sold. In order for property to count towards bulk schedule requirements it must not be encumbered by restrictions that limit the use being sought, for example property proposed to be used in connection with a winery use cannot have had its rights to"process or retail merchandise" crops sold off. 3. 4280-13(A)(4)(b)-Winery Standard. Once you meet the minimum Bulk Schedule lot size, here 160,000 sq. ft., then you have to apply the following standard: "[t]he winery shall be placed on at least 10 acres (435,600 square feet)which are devoted to vineyard or other agricultural purposes and which is owned by the winery owner." 4. Minimum Acreage Required. In accordance with the above,the minimum lot size for a winery(or one with other uses)=the Bulk Schedule Minimum Lot size+the §280-13(A)(4)(b)10 acres. Here,the Bulk Schedule requires at least 160,000 sq. feet plus 10 acres(435,600 sq. ft.)=595,600 sq. feet or 13.6 acres. 5. "Vineyard or other Agricultural Purpose"Deduction. However, in certain cases the requisite Bulk Schedule acreage may be used to satisfy the 10 acre standard so long as said acreage is being used for vineyard or other agricultural purposes. 6. Definitions of 280-(4). The term other agricultural purposes is not specifically defined by the Southold Town Code.Under §280-4(B), any word or term not noted...shall be used with the meaning as defined in Webster's Third New International Dictionary of the English language,unabridged (or latest edition). 7. Meriam Webster's Definition of Agriculture: Webster's Dictionary defines agriculture as"the science, art, or practice of cultivating the soil, producing crops, and raising livestock and in varying degrees the preparation and marketing of the resulting products". 8. The Dwelling. A dwelling does not fall into the definition of agriculture as defined by Webster. Thus,the portion of a property that is purely residential cannot be counted as part of the 10 or more acres devoted to vineyard or other agricultural purposes required to establish a winery. If, as here,the subject property is improved with a dwelling, and a Bed and Breakfast special exception was granted in connection therewith, it is a purely residential use and shall not be counted as part of the 10 acres. Therefore,the 5,000 sq. ft. of residential/B&B use on the applicants' property must be subtracted from the existing acreage that can apply towards the 10 acres they need to establish a winery. 9.Minimum Lot Size Required less Vineyard or Other Agricultural Purpose Deduction: Here, between the two subject lots the applicant has a total of 389,547 sq. feet. In order to have a dwelling and a winery the Bulk Schedule requires 160,000 sq. feet. along with the Winery Standard of 10 acres (435,600 sq. feet)for vineyard or other agricultural purposes,for a total of 595,600 sq. ft. The 80,000 sq. ft. required for the winery may be deducted from this total as it is being used for the preparation or marketing of the wine, along with the square footage devoted to the vineyard on the 80,000 sq. feet required for the dwelling,which as stated above is 75,000 sq. feet, as 5000 sq. feet is being utilized exclusively for residential purposes. Therefore,there is 384,547.5 sq. ft. (8.83 acres) in agricultural production on lots 14.4 and 14.6 combined. They need an additional 51,052.5 square feet(1.17 acres) of land in agricultural production in order to meet the code required 10 acres minimum(435,600 square feet) of land used for agricultural purposes in order to establish the proposed winery as of right. All as shown on a stamped site plan by Robert J. Gruber,Architect received by the Board of Appeals on December 17,2015. 10. Town Law §267-b(3)(b)(1). Grant of the relief requested, with the conditions imposed herein, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Page 4 of 5—March 17,2016 ZBA#6882—Sannino SCTM#1000-10 1-1-14.6&14.4 neighborhood consists of single-family homes, agricultural properties, and a church. The applicant's property includes frontage on County Road 48 which is a major road, and the winery structure is proposed to be located on the subject property at a conforming front yard setback. Also, the applicants must obtain site plan approval from the Southold Town Planning Board which can impose reasonable conditions to mitigate any possible adverse impacts on the nearby residential properties. 11. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has exhausted all currently existing options to purchase at least 1.17 acres (51,052.5 square feet)from an adjacent property owner. 12. Town Law 4267-b(3)(b)(3). The variance requested herein represents 11.7% relief from the code, and, in the context of the 10 acre minimum requirement for a winery use, is substantial. However, the substantiality is mitigated by the subject properties' 195.81 feet of frontage on Middle Road (aka CR 48, a major road) with a proposed front yard setback from same at 200 feet which is double the 100 foot minimum required by code; all other setbacks are conforming; and the fact that the subject property is sufficiently large to permit safe ingress and egress, parking and buffering from adjacent properties through the required site plan approval from the Planning Board. 13. Town Law §267-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 applicant must comply with Chapter 236 of the Town's Storm Water Management Code. Traffic will not be generated on Alvah's Lane, which is residential, because the winery will be accessed from CR 48, a major road. Buffers between the subject parcels and the proposed winery/tasting room and the adjacent residential properties, can be established, as deemed appropriate, by the Planning Board to mitigate potential adverse impacts. 14. Town Law X267-b(3)(b)(Q. 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. 15. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a residence and a winery while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 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 Dantes, and duly carried,to GRANT the Relief as Applied For subject to the following CONDITIONS: 1) The applicant shall merge lots 14.4 and 14.6 and submit written proof of same to the Office of the Town Attorney and the ZBA. 2) No building permit shall be issued by the Building Department for the proposed winery/tasting room structure(s)until the ZBA provides written confirmation to the Building Department that the merger was effectuated. 3) The applicant shall obtain site plan approval from the Southold Town Planning Board. Failure to do so will render the variance relief granted herein null and void. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 5 of 5—March 17,2016 ZBA#6882—Sannino SCTM#1000-101-1-14.6&14.4 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 variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Horning, Goehringer. Member Schneider r us himself. This Re olution was duly adopted(4-0-1). c Leslie Kan s Weisman, Chairperson Approved for filing /�7/ /2016 RECEIVED ALVAH'S LANE DEC 17 2015 BOARD OF APPEALS if I �Icd W I III I O + 1 it I W + W Q 1 I I ' ' ' Q z FINAL MAP w I , 2 , I +az pW � cy I � I N W Q REVIEWED BY E uj SEE DECISION # DATED IL I z SUBDIVISION MAP OF EAST COAST PROPERTIES Im 1 > I SUFFOLK COUNTY FILE NO, 8225 F 1e I c P w Z" IL O I IN I l u I a I I Im I I I I I x O 111 I I I I I I w dy W O L rs Z 3303 20" E I %D — __ __ 477.74' S 33"03'20" w ------------ARD __ __ 33-24'1:01" E S CL'XT'6)EO6E OF VINEY --_--------- __ ____ — __ __ 666.35' 32¢'10"E Z I p ——————— CLM'S)EDGE OF YINGYAItO , —— — 9.9 88.07' Ili I ery%�. LOT 14.4(DEVELOPMENT RIGHTS INTACT) I LOT 14.6 (DEVELOPMENT RIGHTS INTACT) (AKA I (� IL 1 I `y.hryo^ryi y4 5.2081 AGRE5/226,864.0 S.F, I 3.734'1 ACRES/ 162,683 53 S.P. LOT 3) � �+ w=v�d�u J. 00 KA LOT 1 I O� "y < I ew o rev°mac I m z a ov fi W 0*,- r7 04! c� `\ �+o *'aq 2u 200' PROPOSED I YVINERY '0Z 3 600 5 F. I W 1 --- , VINEYARD > U- 32' PLANTED VINES ul I j AGRICULTURAL PRODUCTION I N 3332'20 W —— —— —— —— o 5.Og33 ACRES/221,564.0 S.F. I I 636.47' N 28-40—0�� r I s a 2r I 200.00' u I WI I RESIDENTIAL USE 1 COMBINED FARMED ACREAGE: (LOT I + LOT 3) REb ,q• i j L1e 1148 ACRES/5,000.0 5.F. I n (LOT 1) 221,864 5.F. + (LOT 5) 162,683.E55 S.F. o r"T6�mb OF VINEYARD o Q l 8;� ACRES/ 384,547.53 S.F. y 25' �' � O®V Vm� LU W W 1100 I e l� �` a _——_ ————CEXTG)EDGE OF VINka EYARD EDGE OF VINGYARD LL _ ----------------------------J o N 34"1530" W N/O/F WILLIAM WIGKHAM 127.47' SITE PLAN OF t.Ew (VACANT) (D SCALE: 1 ' =100'-0" 4\ i 1 COUNTY OF SUFFOLK \° 2x55 OP APPALS Steven Bellone ZONING BOARD 1� SUFFOLK COUNTY EXECUTIVE 1, Department of Economic Development and Planning Joanne Mmieri Division of Planning Deputy County Executive and Commissioner and Environment July 31, 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: Pursuant to the requirements of Sections A14-14 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 Munici al File Number Fitzgerald, Walter 6878 Giese (Thomas) & Garafalo (Paulette) 6879J Cacchiolo, Susan 6881,/ Sannino,Anthony 6882,/ 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 ■ (631)853-5191 MAILING ADDRESS: PLANNING BOARD MEMBERS OF S0(/Tg, P.O.Box 1179 ! DONALD J.WILCENSKI ®V� ®l® Southold, NY 11971 �1 Chair / OFFICE LOCATION: WILLIAM J.CREMERS �. Town Hall Annex PIERCE RAFFERTY ® �O 54375 State Route 25 JAMES MARTIN H. RICH III IDOR olif' (cor.Main Rd. &Youngs Ave.) V c®UNT` l Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MEMORANDUM W ' SEP 12015 To: Leslie Weisman, ZBA ChairpersonOF APPEALS Members of the Zoning Board of Appeals ®p'I�® From: Donald J. Wilcenski, ChairmanP& Members of the Planning Board Date: September 1, 2015 Re: Request for Comments for Sannino Winery, Inc. SCTM#1000-101-1-14.4 & 14.6 ZBA#6882 The Planning Board has reviewed the request for comments on this application referenced above for a winery use on a parcel with less than 10 contiguous acres in agricultural production. The two lots involved in this application were created in 1990 as part of a 3-lot subdivision known as Hanoch and Watts (Figure 1). A C&R was filed prohibiting further subdivision of the parcels. A common driveway to CR 48 between the subdivision's Lots 2 and 3 was required. In addition, prior to issuance of Building Permits, street trees and a fire well were required to be installed. The fire well location is on Alvah's Lane. The subdivision created a 110' x 110' building envelope for Lot 14.6 set back 1 00' feet from County Route 48. The proposed winery is not fully located within this building envelope. An amendment to the subdivision map from the Planning Board for this and the driveway location would be required for this application to move forward as shown. S'- no Winery, Inc. —August, 2015 1000-101114.4 ... >�<t ., •^ Ct`�,L3x¢3 Gt7M J,M'"a, ; , s y;",� - A ,�•'s}• � '•,°k•�.`i�..,�a X <��'Erfi��"':.`.�^ �'�`,,� ;,� ." >- .. '� Y '�'4 7-'�'i.,g` -,v'<r�,z<st�,+a�d:�; •�,hw °z,. ,��: rz« may, �,,.•*�> i �,..<.° '"� .`TYx"'3r^,z'Y°� ..w;;'#�p°.�7Tq,?-'w.;-,�J�e� •x .;F' ,z<<r ;`*pfs$+[,Y,��'=�Ast`a,. �::Y<:'�'`',s`'r,' .'3��'�sr^i;>�+;, . ,«§_ 2 �•}aooV, �^ .>..:, J• ;s.^ ',@i`ac��zL'�,Y;�°'°"'• ;r'<. 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Subdivision Map and Subject Parcels 2 ,,u..nino Winery, Inc. —August, 2015 The parcel in the north, SCTM#1000-101-1-14.4, is currently improved with a single family residence and accessory Bed and Breakfast use. The area around the existing residence should not be counted towards the ten acres required to be in agricultural use for the winery. The parcel in the south, SCTM#1000-101-1-14.6, is currently vacant and located east of a church (First Baptist— under construction) and west of residential lots. A total of 18 residences occur within 500' of the winery parcel. A total of 9 residences occur within 1000' of the winery location. Due to the proximity of the winery use to residences, it is expected that residential properties would be subject to noise, traffic and other impacts from the proposed use. The exact distances from the proposed winery to the residences should be provided by the applicant. �r 11 c,t 7T �* :moi✓.` ' r Figure 2. Buffer Map Showing Existing Land Uses 500' and 1000' from Winery Parcel Boundary 3 �,u,,,iino Winery, Inc. -August, 2015 F ,4--A VANS LN LN ��.' _- r 9•��' ?Z� 15A�5 MDDLE RD x l ' ♦ y R 16A05 MDDLE RD 5 00ALVAHS LN ISWS MDDLE RD �r•�v-I, mr Rr• 156011 MDDLE RD 5855ALVAW LN1/4 — �► 4- �, rt> ,. 153-),)A#DCLERD 57a5AL'✓AHSLN 158x5 MDDLE RD .. 7.5 DDLE RD r 15705 MDDLE RD 13625 MDDLE RD .� . y� 16000 MDDLE RD - !" 5585ALVAHS LN Figure 3. Proposed Winery Location (star) and Residence Proximity The church to the west is not currently occupied and is under construction. The future operations of the church are unknown and therefore potential conflicts from the proposed winery use and the church use are unknown. Additionally, there may be a New York State law that regulates the minimum distance a place serving alcoholic beverages can be located from a church. This requires further investigation. The Planning Board does not support the requested Variance due to the following reasons: 1. Locating a winery on a parcel with less than 10 acres in agricultural production sets a precedent that could have large ramifications town wide. The minimum acreage requirement lessens the probability of commercial use and residential use conflicts. 2. Incompatibility of uses - the Planning Board is concerned that the commercial winery use located in close proximity to residential areas could adversely affect the quality of life and ultimately the health, safety and welfare of Southold Town residents and visitors. Specific concerns include: a. Impacts from noise-, b. Impacts from traffic. 4 lino Winery, Inc. —August, 2015 3. The proposed winery does not meet the building envelope restrictions established in 1990 by the Planning Board in the subdivision of Hanoch and Watts (Figure 1). The Planning Board has no comment on the accessory barn structure. Thank you for the opportunity to provide input on this application. 5 j � 1 f^ FORM NO. 3 . TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT SOUTHOLD, N.Y. J U L 2 `5 NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: June 17, 2015 TO: Anthony Sannino l�l ��f ' t�e�oZ�i 00/s� 15975County Route 48 Cutchogue, NY 11935 Please take notice that your request dated June 1, 2015 For permit for the construction of a winery/tasting room, agricultural pad accessory to the wineroperation and a barn structure accessory to a single family dwelling use at Location of property: 15975County Route 48 and 7490 Alvahs Lane, Cutchogue,NY County Tax Map No. 1000—Section 101 Block 1 Lot 14.6& 14.4 The proposed construction on two contiguous parcels, measuring 3.735 acres (14.6)and 5.208 acres (14.4), respectively, in the AC District, is not permitted pursuant to Article III, Section 280-13 (4) (b), which states L "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." Site plana roval from the Southold Town Planning Board is also re y P/S�ignature Auth Cc:File, ZBA, planning x* RECEIVED ' I ► i5 Fee $ t:�®D— Filed By Assignment No w BOAR® OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE ,� I,� House No.f 5 1 Street ®U �0 � "I V Hamlet Ate[16 U SCTM 1000 Section Block 14t 6`�.'Y� of Size ?� 7`73 Tone I(WE)APPEAL TIJE WRITTEN DETERMINATION OF THE BUILDING INSPICTOR. DATED BASED ON SURVEY/SITESa0r)1na PLAN DATED S Owner(s): Lisp + Qn 'Ch()nq Mailing Address: -I 9 0 141 Va � S Lar)e Telephone: -7 lD� I IaaSx: Email: -fQ n q u i n® d g q ma I l a wrx NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: for( ) Owner( )Other: Address: Telephone: Fax: Email: Plea a check to specify who you wish correspondence to be mailed to,from the above names: WApplicant/Owner(s), ( )Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED (p- I r' and DENIED AN APPLICATION DATED (p-Z3-I5 FOR: (/)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: 3141 Section: 2�0- 3 (�) b)Subsection: Type of Appeal. An Appeal is made for: (Vf 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 0 has, has not be,e�-made at an time with re e t to this property, UNDER Appeal No(s). earls). 0 �— —7/511d- (Please be sure to research before completing this question or call our off ce for assistance) Name of Owner: ZBA File# APPLICANT'S PROJECT DESCRIPTION APPLICANT: SWI &) Sa Irl DATE PREPARED: (D �� I 1. For Demolition of Existing Building Areas RECEIVED Please describe areas being removed: II li a o `lf1�G V, II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes, ease provide height(above ground)measured from natural existing grade to first floor: �0 1 r1C�\4A 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 surveyr Existing square footage of buildings on your property: Proposed increase of building coverage: % 5 cl4' Square footage of your lot: 17 Percentage of coverage of your lot by building area: V.Purpose of New Construction: ` 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): :: b F U '1 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 5 ` 1 \ CEI V NameofOwner Sq �n ons `' �o ZBAFile# JUL 2 3 2015 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): BOARD OF APPEALS 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: 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: S-90 a,—H7� 3.The amount of relief requested is not substantial because: ajH 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{a No Why: Are there any Covenants or Restrictions concerning this land? f/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. I tgnature of App canto uthorized Agent (Agent m st submi en Authorization from Owner) Sworn to me this day of �� 20_� 1'r NotaryPublic VICKI TOTH Notary Public,State of New York No.01706190696 Qualified in Suffolk County -Commise1"Expires July 20,20,� 1 RECEIVED Reasons for Appeal JUL 2 a 2015 1. An undesirable change will not be produced in thGGKBA&pSTEALS the neighbor or a detriment to nearby properties if granted, because: The structure we are proposing is designed to conform to typical North Fork architecture and the size proposed is reasonably small for the lot it will be built on. We have considered the types of activities that will take place on our premise and designed accordingly to protect our neighbors. 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 area variance we are seeking is minimal in scope and helps to create a more sustainable agricultural business in Southold. 3. The amount of relief requested is not substantial because the required acreage for a winery in Southold town is 10 and we are only 1/4 of one acre shy if we consider builder acres. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because it will be located on route 48 and there is only one residential property adjacent. This property will be screened with a 60 foot deep heavily planted area that is actually only adjacent to our parking area. We will have adequate parking for our business and since we are relocating from another location in the town of Southold we will not actually be creating additional traffic on the road ways but only changing locations for our patrons. 5. Has the alleged difficulty been self created? We do not believe that the alleged difficulty is self created we believe an overly restrictive code created in the past has created the difficulty. There is no other agricultural business in the town of Southold that is restricted by size of their land in order to operate. With that said we understand codes are created to be followed and hope that our request for relief is recognized as a minimum variance to the code. RECEIVE® JUL 3 2015 BOAR® OF APPEALS RECEIVD Southold Building, Planning, and Zoning Departments: BOARD OF APPEALS We are requesting building permits to build an agricultural storage barn on our 5.25 acre current vineyard property and also building permits for a winery/tasting room building with an AG Pad on our new 3.7 acre property which is contiguous with our current property. The total acreage with the two properties combined is 8.94 full acres. The total acreage with the two properties combined if we were to consider builder acres would be 9.74 builder acres. (We hope the board will consider this option as the code is not specific and therefore a minimum variance would be needed.) Our site plan considerations include: 1- A 60 ft deep well screened buffer area abutting the only residential property with a dwelling close to our property line located to our south east. 2- We have also designed a winery/tasting room building that will also serve as a buffer to the residential dwelling to the east when our guests are using our patio. 3- A service entrance for deliveries to the west of the building as to minimize visible or audible activities for our two closest residential properties. , 4- The floor plan for the winery and tasting room is only 2760 sq. ft., this is about half the size of the Baptist church on the adjacent equally sized property to our west. 5- We will be utilizing many of the existing cedars trees which are mature in size to create screening where noted on the site plan. ,0' RECEIV61) JUL 2 3 2015 ®i= APPEALS We would like to obtain the building permits for the a�R&Nural barn and AG pad as soon as possible if in doing so will not negatively affect the remaining process of obtaining permits for the Winery/tasting room. We were advised by the building department that we should provide in writing that we will be clearing our new property this summer 2015 in order to prepare for planting next spring. When doing so we will be saving some of the vegetation including the wild cedars for our new site plan proposal. We currently farm a total of 23+ acres of vineyards on three different locations in the town of Southold. We have lease agreements on 2 of these locations and the third is our home vineyard. The said property will be planted with almost 3 additional acres of grapevines to add to our total. In closing we strongly believe that with your approval of our plan our operation will promote and help sustain agriculture in the town of Southold. Most if not all of our B and B guests have a strong desire to visit our home for the agricultural-experience. Our proposed winery and educational tasting room with a strong emphasis on viticulture and oenology will help to elevate tasting room experiences in Southold. Anthony and Lisa Sannino I RECEIVE® QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION JUL 2 3 ZQ 5 A. Is the subject premises listed on the real PgtntP m_arkPt for sale? BOAR® OF APPEALS Yes _)(_No B. Are there any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? &2 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? 9,0 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? 9n E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? ViC 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?–Mo _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? JR5 If yes,please label the proximity of your lands on your survey. �� I. Please list present use or operations conducted at this parcel p and the proposed use (ex existing single family,proposed-same with garage,pool or other) 0 �C 5 Authorized signature and Date i 1 Q��( pia pryer}ry7 jp� "E�.r9.e21 EQ jg AGRICULTURAL DATA STATEMENT JUL2 2015 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OFAPPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section)239m and 239n of the General Municipal Law. ' 1. Name of Applicant: Lick Q n �() Sa n f)I )U 2. Address of Applicant: o q S L_Q►I e W VM Oqlt 1-41- JIM 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: I ASTIYf00 y) (aq�iGu� Illf�` D 6. Location of P o : road a(nd Tax ap nn '' ffi s number) 1 l,oU`M t`1 `�Q) 1060 - 101 - I _ 0�A P 7. Is the parcel within 500 feet of a farm operation? N Yes { ) No 8 Is this parcel actively farmed? { ) Yes {)r 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 lAs Lang VA r LLC C l�t.o r. M W W fbrms LLC r3o is rn gin Rd. M61%fucY, , RR2 I W C--QrC ISDIs MafqAJJM0ftiQCKNV H952 /0 - 1- b rishrin J erome A gel en -Hill Lqn 7 >®/ 6. (Please use the back of this page if there are additional property owners) 03Rf-,,-J� � / 'n / � Signature of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation Solicitations will be made by supplying a copy of this statement. 2 Comments returned to the local Board will be taken into consideration as part as the overall review of this application 3 Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above The cost for mailing shall be paid by the Applicant at the time the application is submitted for review 617.20 RECEIVE® Appendix B l0 g Short Environmental Assessment Form JUL 2 3 2015 Instructions for Completing BOAR® OF APPEALS Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part l -Project and Sponsor Information Ng of Action orProje c, Qnninc e-N U16 \N0, 10ra Project Location(describe,and attach a location map): c 7 e _0(n�PQ'{W j5g75 !� M04h Side® ���� Vies o l�iyah Cage ' Brief Description of Propose Action: ob a uoio-e('� -Pas-hn3foom ond Q. (n) C�0 Ufa 1 gad Name of Applicant or Spon,_)sor:Uco)a � `n 1n Telephone:a() 9 ! 1 11 �� E-Mail: -�-C)Pl V►n p 9- Q mG 1 coN Address: AA City/PO- State: Zip Code: W U)G 2'��e W" I N 035 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- NQS I—i uo r W o4I d)qnqe of acd(egS 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned p or controlled by the applicant or project sponsor? (7 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial 1V Residential(suburban) ❑Forest Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Pagel of 4 --1 RECEIVE® 5. Is the proposed action, - NO YES N/A a.A permitted use under the zoning regulations? JUL 9, 3 201 b.Consistent with the adopted comprehensive plan? ' B 6. Is the proposed action consistent with the predominai hQkR@r o e st g r natural NO I YES landscape? 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: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES A 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? X 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: 1 A 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 16 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? 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: `s - 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 J3'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 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? )ONO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO 1p YES _ —oc cJ {ter [' Page 2 of 4 18.Does the proposed action include construction or other activitis that r V ndme4 of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam). 'n If Yes,explain purpose and size: lS/0 x GJ(_J Lu .1 19.Has the site of the proposed action or an adjoining property been the lo�a ®(Ocfl ,' �'d NO YES solid waste management facility? �`yy l� 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: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE ((�� Applicant/sponsor name: Q o+hd11 &nn 11')(.1 Date: ' 2q-r— 9 S Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate :4 _., small to large impact impact l±. = may may occur occur I. 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)? 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? �J 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? V/ 8. Will the proposed action impair the character or quality of important historic,archaeological, /� architectural or aesthetic resources? V 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, / waterbodies,groundwater,air quality,flora and fauna)? `/ Page 3 of 4 No,or Moderate small to large JUL 215 = impact impact may may occur occur 10. Will the proposed action result in an e e m the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ 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. �0 Check this box if you have determined,based on the infonnation 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 Anthony Sannino Lisa Sannino October 27, 2015 Patricia C. Moore 51020 Main Road Southold NY 11971 Dear Ms. Moore: We Anthony Sannino and Lisa Sannino, owners of property located 15975 Route 48 Cutchogue and 7495 Alvah's Lane, Cutchogue New York (sctm: 1000-101-1-14.6 & 14.4 hereby authorize you to act as our agent regarding any and all applications with the Town of Southold Planning Board,Zoning Board of Appeals, Suffolk County Board of Health, and any other agencies. Very truly yours, Anthony Sannino Lisa\ Sannino, }y(A t = - _AGE1T./ItUR E'lW'fATIVE TRANSACTIONAL DISCLOSURE`IFORM The Town of Southold's Code of Ethics nrobibits conflicts of interest on the Dart of tmvn officers-and--emolovees.=The Duruose of this fo'rmjs fo rirovide information=which-can-alert=the.int�.of no"scihle'coriflicts=of interest=arid=allow itto take whittt ver". aetion is necimr__v-to avoid-same.- YOUR NAME �"t_t`T__k,- s�( 2 ( C A . �� � - J AAJ-1 t jo - _...._ - (Last name,first name,middle initial,unless you are applying in the name of someone else or other entfty,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance _✓-- . , .. Trustee Permit Change of Zone _:_. ---- __..-_ -. Coastal Erosion Approval of Plat Mooring Other(activity) -.- - _._ --. --- - ...-__._".,-. - _ Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/rcj;;eserttative)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.66i?_1 t bil) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP SubmittedAtl;'�� ' r Signature Print Name r't 7112-1_C t r ECEIU Q JUL 2 2015 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORMBOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Sanni YOURNAME : `8 Qno I ao (Last name,first name,middle initial,unless you are applying in the n me of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood,marriage,or business interest. "Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5% of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this da�a= Signature — Print Name ��� 1 RECEIVE® Town of Southold LWRP CONSISTENCY ASSESSMENT FORM JUL 2 3 2 15 A. INSTRUCTIONS BOAR® OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. if an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# - 1 - 1 6 The Application has been submitted to(check appropriate response): Town Board Planning Dept. E Building Dept. Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital Ll construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit,approval, license, certification: Nature and Axtent of aion: VC> r voiwb k Location of action: 5°115 ►°'u-1 L406 H) 2 MCU TVED Site acreage: �o� �7 JUL 2 3 2015 Present land use: Present zoning classification: n BOARD OF APPEALS 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: ` (b) Mailing address: go lam`-'G-J, (c) Telephone number:Area Code( )� I — - of t (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No Z If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ (Not Applicable- please explain) 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—please explain) FORM NO. 4 RECEIVE® 0, TOWN OF SOUTHOLD BUILDING DEPARTMENT JUL � 3 2015 office of the Building Inspector Town Hall Southold, N.Y. BOAR® OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-32546 Date: 08/22/07 THIS CERTIFIES that the building NEW DWELLING Location of Property: 7495 ALVAHS LA CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473869 Section 101 Block 1 Lot 14.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 22, 2006 pursuant to which Building Permit No. 31863-Z dated MARCH 22, 2006 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 SINGLE FAMILY DWELLING WITH ATTACHED GARAGE, COVERED FRONT PORCH & WOOD DECK AS APPLIED FOR. The certificate is issued to ANTHONY & LISA SANNINO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-06-0010 04/03/07 ELECTRICAL CERTIFICATE NO. 111494H 07/30/07 PLUMBERS CERTIFICATION DATED 08/17/07 ANTHONY SANNINO Aut prized Signature Rev. 1/81 FORM NO. 4 nV^^/ a RECEIVED TOWN FSOUTHOLD 1 BUILDING DEPARTMENT JUL 2 Office of the Building Inspector Town Hall Southold, N.Y. 'BOARD OF APPEAL CERTIFICATE OF OCCUPANCY No: Z-33732 Date: 05/22/09 THIS CERTIFIES that the building ALTERATIONS Location of Property: 7490 ALVAHS LA CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 101 Block 1 Lot 14.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 3, 2008 pursuant to which Building Permit No. 33993-Z dated JUNE 19, 2008 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 ALTERATIONS TO AN EXISTING ONE FAMILY DWELLING (CONVERSION OF ATTACHED GARAGE ATTIC TO LIVING SPACE WITH BALCONY) AS APPLIED FOR. The certificate is issued to ANTHONY a LISA SANNINO (OWNER) of the aforesaid building. , SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO_ 124052H 04/27/09 PLUMBERS CERTIFICATION DATED 05/22/09 ANTHONY SANNINO r A thorized Signature Rev. 1/81 {Office'Location: ho��0f SOUjyolo Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971G • CoQ Southold,NY 11971-0959 On �O cou RECEIVED http://southoldtown.northfork.net VE JUL 2015 BOARD OF APPEALS R� 3 ` TOWN OF SOUTHOLD BOARD ®FAPPEALS Tel.(631)765-1809 Fax(631)765-9064 S�� 2 Q � FINDINGS, DELIBERATIONS,AND DETERMINATION Tow MEETING DATE: SEPTEMBER 22,2009 Sthold ZBA APPLICATION#6194 APPLICANTS/OWNERS: ANTHONY and LISA SANNINO PROPERTY LOCATION: 7490 Alvahs Lane, Cutchogue CTM 101.1.14.4 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions,without further steps under SEQRA. BASIS OF APPLICATION: The applicants request a Special Exception pursuant to Article III, Section 100.31 B, subsection 14 of the Zoning Code, to legalize an as built Bed and Breakfast within their existing single-family dwelling, accessory and incidental to their residential occupancy under the Building Department's Certificate of Occupancy Z-32546 dated 08122/07. The existing one bedroom for lodging and serving of breakfast to the B & B casual, transient roomers was created through additions and alterations to the applicants'existing one family dwelling by conversion of an attached garage attic to living space with balcony under Certificate of Occupancy No.Z-33732 dated 05/22109. FINDINGS OF FACT The Zoning BoardTof Appeals held a public hearing on this application on August 27, 2009 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, and upon review of the code requirements set forth pursuant to Article Ill, Section 280.13B(14) to establish an Accessory Bed and Breakfast, the Board finds that the applicant complies with the requirements for the reasons noted below: 1, Anthony and Lisa Sannino,the applicants herein, are the owners of the property,a flag lot with an easement alonthe northerly boundary providing access to Alvahs Lane, It is improved with a single-family dwelling with an attached three-car garage and a vineyard, as shown on the survey by Peconic Surveyors, P.C. dated March 7, 2007. The ownerslapplicants will continue to occupy same as their principal residence while operating and managing their Accessory Bed and Breakfast. TW as-built guest room has a private exterior entrance to the house and interior connection within the principal dwelling. 2. The applicants plan to comply with the on-site parking requirements with a minimum of three (3) RECEIVE® Page 2—September 22,2009 ZBA#6194-ANTHONY and LISA SANNINO J U L - 45 PROPERTY LOCATION: 7490 Alvahs Lane,Cutchogue CTM 101-1.14.4 BOARD OF APPEALS parking spaces, two (2)for the principal single-family dwelling use and one (1)for the Accessory Bed and Breakfast. The applicants comply with the requirements of a dwelling unit as defined in Section 280.12 of the Zoning Code. 3. The Accessory Bed and Breakfast, as applied for, is reasonable in relation to the District in which It is located,adjacent use districts,and nearby and adjacent residential uses. 4. The Special Exception Is accessory to the principal dwelling use and will not prevent the orderly and reasonable use of adjacent properties. 5. This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. >, V 6. No evidence has been submitted to show that the safety, health,welfare, comfort,convenience or the order of the Town will be adversely affected. 7. This Accessory Use is authorized under Zoning Code Section 280-13B(14) with Zoning Board of Appeals approval as noted herein, and with issuance of a Certificate of Occupancy as per Code from the Building Inspector before the Bed and Breakfast is occupied. 8. No adverse coitiditions were found after considering Items listed under Zoning Code Chapter 280, Sections 280-142 and 280.143. RESOLUTION OF tHE BOARD: In considering all of the above factors,motion was offered by Member Weisman,seconded by Chairman Goehringer,and duly carried to GRANT the Special Exception application for an Accessory Bed and Breakfast, to be used only in conjunction with the applicants-owners residence, and not as a separate independent use,as applied for, SUBJECT TO the following Conditions: 41 1. The Ownerl;shall occupy this single-family dwelling as their principal residence, 2. There shalPbe a flexible chain ladder properly installed for the second-floor bedroom area, 3. (A) An annual harvesting of grapes is permitted,and (B) There ihall be no commercial or retail uses on the subject property related to the manufacture 4 wine, including but not limited to wine tasting, educational programs, wine production, or,sales, without application to and approval by the ZBA of an area variance for acreage relater`#to a proposed winery(a permitted use)on the applicants' non-conforming 5.2081 acre parcel vdire the code requires a minimum of 10 acres for a winery with a retail component, and a Special;Exception for a Winery with site plan review approval by the Southold Town Planning Boar'(as per Code), J. 4. A Certificate of Compliance or similar document will be necessary for Issuance by the Build- G •., ., .EIVED Page 3—September 22,2009 J U L` 201 ZBA#6194-ANTHONY and LISA SANNINO PROPERTY LOCATION: 7490 Alvahs Lane,Cutchogue CTM 101-1-14.4 BOARD OF APPEALS Ing Inspectorcertifying that the premises conforms to Chapter 280 (Zoning) Code before occupancy as an Accessory Bed and Breakfast use. Vote of the Board: Ayes: Members Goehringer(Chairman ,Weisman,and Sc eider. (Absent was: Member Horning.) This Resolution was dul ed . ). GERARD P.GOEHRINGER,CHAIRMA 91z1°l2009 pproved for Piling BOARD MEMBERS 0f SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� ry0 53095 Main Road•P.O.Box 1179 ti0 1p Southold,NY 1 1 971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer col ae Town Annex/First Floor,Capital One Bank George Horning y� 54375 Main Road(at Youngs Avenue) Ken Schneider �IyCQm�`c.` Southold,NY 11971 RECE'9YY ED g p� http://southoldtown.northfork.net 6 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVE Tel.(631)765-1809•Fax(631)765-9064 3 J s OF APPEALS 13 FINDINGS,DELIBERATIONS AND DETERMINATION —" MEETING OF JULY 5,2012 Southold Town Clerk ZBA APPLICATION#: SE 6565 APPLICANTS/OWNERS:Anthony and Lisa Sannino PROPERTY LOCATION: 7490 Alvahs Lane Cutchogue,NY SCTM#1000-101-1-14.4 SE RA 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 requirements 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 17, 2012 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. BASIS OF APPLICATION: The applicants request a Special Exception pursuant to Article 1II, Section280- 13B, subsection 14 of the Zoning Code, to expand an existing Bed and Breakfast within their single-family dwelling, accessory and incidental to their residential occupancy under the Building Department's Certificate of Occupancy -32546 dated 8/22/07. The four additional bedrooms, creating the maximum allowed of five bedrooms,for lodging and serving of breakfast to the B & B casual, transient roomers was created through alterations to the applicants' existing one family dwelling by conversion of an attached garage attic to living space with balcony under Certificate of Occupancy No.33732 dated 5/22/09 for the original one bedroom granted on September 22, 2009 ZBA File #6194. The additional four bedrooms exist in the dwelling and will be converted for the Bed and Breakfast use. ADDITIONAL INFORMATION: During the hearing a neighbor presented their objection to the approval of this application. Additionally another neighbor was in support of the application. A letter of support was received from the president of the North Fork B&B Association. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 7, 2012 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,and upon review of the code requirements JUL , 3 2015 / Seg D-, Page 2 oF3—July 5,2012 10 CT File# -10 -Sanni-14.4 BOARD OF APPEALS CTM- 1000-IO1-1-14,4 set forth pursuant to Article III, Section 280-13B(14) to establish an Accessory Bed and Breakfast, the Board finds that the applicant complies with the requirements for the reasons noted below: 1. Anthony and Lisa Sannino, the applicant(s) herein, are the owners of the property, a flag lot with 50.00 feet of frontage on Alvahs Lane, It is improved with a single family dwelling with attached three car garage and a vineyard on 5.2 acres as shown on the survey prepared by Peconic Surveyors, PC, dated January 24, 2006, revised February 9, 2006. The owners/applicants will continue to occupy same as their principal residence while the Accessory Bed and Breakfast facility is managed and operated. 2. The applicants plans comply with the on-site parking requirements and provide for seven (7)parking spaces, two for the principal single-family use and one (1) for each of the Accessory Bed and Breakfast bedroom(s) 3. The applicants comply with the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code 4. The Accessory Bed and Breakfast,as applied for, is reasonable in relation to the District in which it is located,adjacent use districts,and nearby and adjacent residential uses, 5. The Special Exception is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties. 6. This accessory will not prevent the orderly and reasonable uses proposed or existing in adjacent use districts. 7. No evidence has been submitted to show that the safety, health, welfare, comfort, convenience or the order of the town will not be adversely affected. 8. This zoning use is authorized by the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory use may be occupied. 9. No adverse conditions were found after considering items listed under Section 280-142 and 280-143 of the Zoning Code. 10. Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conforms to Chapter 280 of the Zoning Code for an Accessory Bed and Breakfast use. RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Dinizio,seconded by Member Weisman,Chairperson,and duly carried to GRANT, the Special Exception permit for an Accessory Bed and Breakfast,to be used only in conjunction with the applicants-owners residence, as applied for and shown on the floor plans dated received by Board of Appeals on April 9,2012 and prepared by Robert J. Gruber,Architect and the survey prepared by Peconic Surveyors, PC,dated January 24, 2006, revised February 9, 2006 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The Owners shall occupy this single-family dwelling as their principal residence. 2. (A) An annual harvesting of grapes is permitted,and (B) There shall be no commercial or retail uses on the subject property related to the manufacture of wine, including but not limited to wine tasting, educational programs, wine production, or sales, without application to and approval by the ZBA of an area variance for acreage related to a proposed winery (a permitted use) on the applicants' non-conforming 5.2081 acre parcel where the code requires a minimum of 10 acres for a winery with a retail component,and a Special Exception for a Winery with a site plan review approval by the Southold Town Planning Board (as per Code), V1W RECEIVE® Page 3of3—July 5,2012 JUL 2 3 2015 ZBA File#6565-Sannino CTM. 1000-101-1-14.4 3. A Certificate of Occupancy or similar document will be necessary for iss,�glt�FBru�it�LS Inspector certifying that the premises conforms to Chapter 280 (Zoning)Code e ore Occupancy as an Accessory Bed and Breakfast use. 4. Each of the five required parking spaces for the B&B use shall be clearly identified with signage 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 violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. 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. Tote ofthe Board: Ayes•Members Weisman(Chairperson), Goehringer, Dinizio,Schneider, Horning. This Resolution was duly adopted(5-0), r w Leslie Kanes Weisman,Chairperson Approved for filing , /�r /2012 TOWN OF UT 4®. P PE --T •_:RECORD- -CA .._._._ OWNER STREET VILLAGE ;•' DIST. SUB. LOT AT ` Y i�:J ► 1iif` :_t 1. ;�, i, dpi ed €orc "c!} ° 1 '! �� �51 ii FORMER OWNER N P E '� r' c: 4��•l W-, - - l/6._,�l !< '.tl""�..k.. VywJ tit)Z) � S.., W TYPE OF BUILDING tri>�Z"e ��F rr/ I1l.Er�tJa f1 -Gi�GS . It�`i F:tl 5�: -Grit } RES. , SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS r r' .. .. Z _e X K � r- l z� j f,s — V1IG Gt.} O JUL BOAKU F APPEALS Tillable - L n� FRONTAGE ON WATER W-c ca wd � p - ,• ' FRONTAGE ON ROAD Meadowland DEPTH House Plot . y �fj.� BULKHEAD Toto I TOWN OF SOUTHOLD PROPERTY RECORD CARD"� OWNER STREET "795 VILLAGE DIST SUB. LOT y- ( W ACR. REMARKS TYPE OF BLD. If PROP. CLASS t LAND IMP. TOTAL DATE E-), <-/), 01'ct I q I- L1'3&q -,'rl)4 Wazk�5 ;4-a n1) 4-0 es -e-LI 4,�l 1) vcAeqc4&!5 6e-, -/V I /4,00 fcl /400 bhv w V- cp- - ,o 10 t We6 fad Vim(-! Aa v ,h;!& .),,700 ///co Z 3 S0 0 -Z-7C1 I LZ-2-0 0 00 S 3-7 q co nvw4-!��e- a,-twc- i-D I I V)-�ll s Eac-q— (p Z4<or1 RIEV 112no 7 :�h & 4 's Z015 OF A ppF4j 07 41,0 00 .'r,-FRONTAGE ON WATER TILLABLE 0 FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT lit BOG _J TOTAL -2/017 �Q' RECEIVE® ] JUL 2 3 2015 a ®F APPEALS I� /a Y ( �x G vCOLOR I ISO to � i � A I�, v�'`y-u• _S.��66:E .9�.'i-'.'"-i na � � =. _ � ��� `�-�., � .'';4��f ..;. �� :: ,,1. ((� �, , tr •3 air tRIM 101.4-14.4 2/07 "A co BFoundation Bath J12 ZDinetteMr3, 50 7567 Ex�te"r oY a 3 Basement SRAB Floors 11Q4,01 !n� Kit. Extension �', k 13 3 j ,jExt. Walls Interior Finish L R +c x17=2.i7 ,a I t? Wt � ,S. � � f Extension Fire Place ugo Heat OP l / D.R. Patio Woodstove l BR. p- PIAns PorchDormer JC c� Fin. B. 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" '3J » �» �f� h�:'r'� , t .��.�.�'� ° �..`� 'l'- .�+ rr,�ts " r:.a�^�x- ,..�.•s; Vii,..;,>"- �,'E. ,..r ,, �� ' }._ fes` ` .�d?'�� '� '€ Y'i3 � .""sy'E}"µ��?�;� ��34`aa ' r:.j.'.e! ' 'r+! �,� 't,C 1k•.i. ., ,, •�`4,' " �®��FFOL�c® ELIZABETH A.NEVILLE,MMC pyo �y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 CA Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p ® .� 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: July 24, 2015 RE: Zoning Appeal No. 6882 Transmitted herewith is Zoning Appeals No. 6882 for Anthony Sannino-The Application to the Southold Town Zoning Board of Appeals.:Also enclosed is the Applicant's Project Description, Questionnaire,Agricultural Data Statement, Short Environmental Assessment Form,Applicant/Owner Transactional Disclosure Form from Lisa&Anthony Sannino, LWRP Consistency Assessment Form,Notice of Disapproval to Anthony Sannino Dated June 17 of 2015 Amended June 23 of 2015, Certificate of Occupancy for No. Z-32546 Dated August 22 of 2007, Certificate of Occupancy for No. Z-33732 Dated May 22 of 2009, Board of Appeals Findings, Deliberations and Determination Meeting of September 22, 2009 for ZBA Application #6194,Board of Appeals Findings, Deliberations and Determination Meeting of July 5,2012 for ZBA Application# SE 6565, Town of Southold"Property Record Card for Tax Map No. 1000- 101.-1-14.6 & 14.2, 2 Photos of Google Maps;,.Survey-of Property at Cutchogue for Tax Map No. 1000-101.-1-14.4, Drawing of 1St Floor Plan and f oundation Plan for Sannino Bella Vita Vineyard Dated May 19 of 2015, Drawing of-the West-Elevation;North Elevation; East Elevation and South Elevation for Sannino Bella Vita Vineyard Dated May 19 of 2015, Plan of Property for Tax Map No. 1000-101.-1-14.6 Dated July 16 of 2015. * * * RECEIPT * * * Date: 07/24/15 Receipt#: 191109 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6882 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1729 $500.00 Sannino, Anthony Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Sannino, Anthony 7490 Alvah's Lane Cutchogue, NY 11935 Clerk ID: SABRINA Internal ID:6882 a J k 2 3 2b Southold Building, Planning, and Zoning Departments: BOARD OF APPEALS We are requesting building permits to build an agricultural storage barn on our 5.25 acre current vineyard property and also building permits for a winery/tasting room building with an AG Pad on•our new 3.7 acre property which is contiguous with our current property. The total acreage with the two properties combined is 8.94 full acres. The total acreage with the two properties combined if we were to consider builder acres would be 9.74 builder acres. (We hope the board will consider this option as the code is not specific and therefore a minimum variance would be needed.) Our site plan considerations include: 1- A 60 ft deep well screened buffer area abutting the only residential property with a dwelling close to our property line located to our south east. 2- We have also designed a winery/tasting room building that will also serve as a buffer to the residential dwelling to the east when our guests are using our patio. 3- A service entrance for deliveries to the west of the building as to minimize visible or audible activities for our two closest residential properties. 4- The floor plan for the winery and tasting room is only 2760 sq. ft., this is about half the size of the Baptist church on the adjacent equally sized property to our west. 5- We will be utilizing many of the existing cedars trees which are mature in size to create screening where noted on the site plan. K t — j'_ii_ %ia�`) Ic p of APPEALS We would like to obtain the building permits for the a �c Mural barn and AG pad as soon as possible if in doing so will not negatively affect the remaining process of obtaining permits for the Winery/tasting room. We were advised by the building department that we should provide in writing that we will be clearing our new property this summer 2015 in order to prepare for planting next spring. When doing so we will be saving some of the vegetation including the wild cedars for our new site plan proposal. We currently farm a total of 23+ acres of vineyards on three different locations in the town of Southold. We have lease agreements on 2 of these locations and the third is our home vineyard. The said property will be planted with almost 3 additional acres of grapevines to add to our total. In closing we strongly believe that with your approval of our plan our operation will promote and help sustain agriculture in the town of Southold. Most if not all of our B and B guests have a strong desire to visit our home for the agricultural experience. Our proposed winery and educational tasting room with a strong emphasis on viticulture and oenology will help to elevate tasting room experiences in Southold. Anthony and Lisa Sannino J } :j PH Real Estate � ��,r' wwAr.nofoproperties.com February 24, 2016 Southold Town Zoning Board 54375 Main Road PO Box 1179 Southold, NY 11971 To Whom It May Concern: I have been representing Mr. & Mrs. Sannino in the purchase of vacant land in the Town of Southold. We viewed several properties, but many of those properties were not be feasible and/or are priced well above market value, as such making it difficult for the Sannino's to obtain. However, we were able to locate a property nearby and I presented an extremely strong offer on their behalf for 6805 Alvah's Lane (see attached listing, offer and the seller's response), based on the current comparative properties on the market. Any higher offer would be beyond common business sense and at the same time create a hardship for the Sannino's. I have attached another vacant property currently listed for sale (please see attached) to utilize as a comparison. 6805 Alvah's per acre cost is an exorbitant $165,000 per acre, whereas the other Alvah's per acre cost is $73,000 per acre. The Sannino's spent an extensive amount of time seeking a vacant parcel that would meet their needs and be a sound business purchase. As you can see from the attached information, without creating a hardship for the Sannino's, nor to spend over market value for a vacant parcel nearby, there are no viable options. If you have any questions, please do not hesitate to call me. Thank you. Susan Orioli, Esq. NOFO Real Estate, LLC 13105 Main Road, PO Box 61 Mattituck, New York 11952 Tel. (631) 298-795.3 SOrioli0aol.com Please visit our website for additional information. www.nofoproperties.com -----Original Message----- From: Alexander Aquino <alexanderaquino@danielgale.com> To: Susan Orioli <susano@nofoproperties.com> Sent: Wed, Feb 24, 2016 2:52 pm Subject: RE: 6805 Alvahs Lane Hi Susan, The seller said that he did not want to counter an offer so far away from ask price. I appreciate you following up. Please let me know if there is anything I can do. All the best, Alexander Aquino, CBR Real Estate Salesperson Certified Buyer Representative Daniel Gale Sotheby's International Realty 114 Main Street, Greenport, NY 11944 alexanderaquino&danielgale.com c 631.902.73 51 o 631.477.0013 f 631.477.2190 From: Susan Orioli [mailto:susano@nofoproperties.com] Sent: Wednesday, February 24, 2016 12:06 PM To: Alexander Aquino <alexanderaquino@danielgale.com> Subject: Re: 6805 Alvahs Lane Alex, Please send me back Seller's response. Thank you. Regards, Susan Orioli, Esq. NOFO Real Estate, LLC 13105 Main Road, PO Box 61 Mattituck, New York 11952 Tel. (631) 298-7953 Cell (516) 287-6896 susanonnofoproperties.com Please visit our website for additional information. www.nofoproperties.com CONFIDENTIALITY NOTICE: This transmission contains information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this message is strictly prohibited. If you have received this message in error, please notify us by reply e-mail, and delete the message. P Please consider the environment before printing this e-mail On Jan 18, 2016, at 11:03 AM, Alexander Aquino <alexanderaquino@danielgale.com> wrote: Iii Susan, Thank you for your offer. 1 will present to my seller today and get back to you. All the best, Alexander Aquino, CBR Real Estate Salesperson Certified Buyer Representative Daniel Gale Sotheby's International Realty 114 Main Street, Greenport, NY 11944 alexanderaquino(c�danielgale.com c 631.902.7351 o 631.477.0013 f 631.477.2190 <image001 .jpg> From: Susan Orioli [mailto:sorioli@aol.com] Sent: Monday, January 18, 2016 10:01 AM To: Alexander Aquino <alexanderaquino@danielaale�, com> Subject: 6805 Alvahs Lane Alex, With respect to the above property, I am presenting an offer on behalf of my buyers: $284,000 all cash 10% on contract signing Subject to clear title and survey If seller is interested in owner financing for a portion to collect additional funds/interest, buyers may be open to that at a reasonable interest rate. Please convey to seller and let me know. Thank you. Regards, Susan Orioli, Esq. NOFO Real Estate, LLC 13105 Main Road, PO Box 61 Mattituck, New York 11952 Tel. (631) 298-7953 Fax 16311456-4928 Cell (516) 287-6896 susano@nofoproperties.com Please visit our website for additional information. www.nofoproperties.com 6805 Alvahs Ln, Cutchogue, NY 11935 List Price: $359,000 .,f ML#: 2808667 Lan LSC: NEW Sec/Area: Lot Size: 2.17 Schools: 9 Mattituck-Cutchogue Lot Sqft: 94525 Taxes: $2,444.97 Vill Tax: Acres: 2.17 Total Taxes: $2,444.97 Frontage Feet: Dis: 1000 Sec: 10100 Minimum Plot: Block: 100 Lot: 16005 #Plots: Adjacent Lot#: Possible Subdivision: N Near#: Zoning: Residential <` Corner: Feet From Corner: Compass Points: Cross Street: Route 48 Walk Score& 2 Directions: Heading East On Route 48,Turn Left(North)Onto Alvah's Lane. Land Is On The Left Hand Side. Property Description: This Expansive, Flat And Cleared 2.2-Acre Residential Lot Is Perfectly Situated In The Heart Of North Fork Wine Country, Located Minutes Away From Award Winning Vineyards, Restaurants&Long Island Sound Beaches. Build Your Country Estate In The Heart Of The North Fork. Land Desc/Utilities Water Description/Interior Approvals/Permits Road Surface: Asphalt Waterfront: N Board of Health Approved: Paved/Unpaved: U Waterview: N Planning Board Approved: Wood/Cleared: C Water Frontage: Building Permit: Level/Rolling: L Bulkhead: Survey: Y Public Water: Docking Rights: Government Approval Pending: Well: Beach Rights: Variance Needed: N Sewer: N Other Approval Necessary: Gas: Electric: Special Conditions: Short Sale: N REO: N List Date: 11/05/2015 Original LP: $359,000 Prior LP: List Price: $359,000 Owner Financing: Owner W/Subordinate: Prepared by:Susan Orioli NOFO Real Estate LLC (631)298-7953 sorioli@aol.com 02/29/2016 4:40 PM Information supplied by third parties and not by Multiple Listing Service of Long Island,lnc. Information Copyright 2016,Multiple Listing Service of Long Island,Inc, ML#: 2808667 6805 Alvahs Ln LSC: NEW << ► -r aerial 2 aerial 1 aerial 3 k � rC near by sod field Land 2 Land 1 77 y a *aro. Land 4 land vineyard view r �� 411 �Y�If �iand, + ' vines vineyard Land 3 Prepared by:Susan Orioli NOFO Real Estate LLC (631)298-7953 sorioli@aol.com 02/29/2016 4:40 PM Information supplied by third parties and not by Multiple Listing Service of Long Island,lnc. Information Copyright 2016,Muldple Listing Service of Long Island,Inc. Ivahs Ln, Cutchogue, NY 11935 List Price: $429,990 ML#: 2825713 Lan LSC: NEW Sec/Area: Lot Size: 0X0 Schools: 9 Mattituck-Cutchogue Lot Sgft: 259182 Taxes: $3,900.00 Vill Tax: Acres: 5.90 Total Taxes: $3,900.00 Frontage Feet: Dis: 1000 Sec: 10100 Minimum Plot: Block: 200 Lot: 19001 #Plots: Adjacent Lot#: Possible Subdivision: Near#: Zoning: Residential Corner: Feet From Corner: Compass Points: Cross Street: Middle Walk Score@: 4 Directions: See Map Quest Property Description: City Water Is Available. Lot Starts 400'North Of Tracks, East Side Gate Is Approx 40'Off Road, Possible Horse Property, Farm Or Other Use.... Land Desc/Utilities Water Description/Interior Approvals/Permits Road Surface: Waterfront: N Board of Health Approved: Paved/Unpaved: Waterview: N Planning Board Approved: Wood/Cleared: W Water Frontage: Building Permit: Level/Rolling: Bulkhead: Survey: Public Water: Docking Rights: Government Approval Pending: Well: Beach Rights: Variance Needed: Sewer: N Other Approval Necessary: Gas: Electric: Special Conditions: Short Sale: N REO: N List Date: 2/02/2016 Original LP: $429,990 Prior LP: List Price: $429,990 Owner Financing: Owner W/Subordinate: Prepared by:Susan Orioli NOFO Real Estate LLC (631)298-7953 sorioll@aol.com 02/29/2016 5:06 PM Information supplied by third parties and not by Multiple Listing Service of Long aIand,lnc. Information Copyright 2016,Multiple Listing Service of Long Island,Inc. ML#: 2825713 Alvahs Ln LSC: NEW �a Front Prepared by:Susan Orioli NOFO Real Estate LLC (631)298-7953 sodoli@aol.com 02/29/2016 5:06 PM Infurri supplied by third parties and not by Multiple Listing Service of Long Island,lnc. Information Copyright 2016,Multiple Listing service of Long Island,Inc. — ALVAH'S LANE _ �� pec �+� cam- �jv �- 1 1 1,29-7 e6o'DIV g � I 1 I _ _ - �,�t�r w.z�.:�� t-o�� of r(h•�'.��,-N���. I W Q 1 1 I I _ z0: Q I II I ( J w -J V t XO 1 I 1 LU W I � Z SUBDIVIS N MAP F EAST O Ig i , 1 5 FOL 2 ERTIES F LL � 1 O 2:2 i Z I I Ip u I I o uj I 1 I N O W X I rs 3303 20" E Z I 477.74' r O W ----- --------- _ _ _ S 33.0320" I .13'24'10" - -------- _ 666.35' 98.93 �- 1 (tXT'6)m6C Or VI.GY,1Ro --------------.- __ �� �� I (t'M1S)Cpb!or VINerARp —_ _� q 2`' I I ,,4 LOT 14.4 (D � LOT 14.6(DEVELOPMENT RIGHTS INTACT) (AKA W fi n ry O DEVELOPMENT 1INTACT) 3.134 ACRES/ 162,683.53 S.F. LOT 3) QI, 1 � hbhp°nS,�S' S• 5.2081 ACRES/2:26,864.0 S.F. ( (AKA S I t� • p LOT 1) dSp I �0����A • I ti I 7r <rp tip m z Q� 1 I < AIKE- 1 8^'► �p2wo tet" I 2,soo sr. goo IX 1 F VINEYARD >I 1 Irr 'r PLANTED VINES tI - -- - -- I i A6RIGULTURAL PRIK OpTION N 33'32'20" W 5.0933 ACRES/221co ,864.0 S.F. e I 638.47' N,28.40 40_" W 200. � �I 00' wl I>I RESIDENTIAL USE I 1 � COMBINED FARMED ACREAGE: (LOT I + LOT 3) u .1148 ACRES/5,000.0 S.F. I (LOT 1) 221,864 S.F. + (LOT 3) 162,683.53 5.F. _ hIL o x,. a=v,, -, 1 R 8.$5ACRE5/ 384,54'1.53 S.F. Z (exrs)race or Vlre'APW I --- --------- (tM'6)M6C Or VIIlYAIRp O d! .02;9Z-TO Nu 34"15' " W 127. ' WO/F WILLIAM WICKHAM (VACANT) ��M0 6 ca-4-0, m Pry I 3S Or� 2.OAtd � ISO'1 s r Qp >ss 4 Jq Cj o� Yq ,a 9 {BY q � 4 } p OJJY w �a B S4 QJ B4c 1 Jf "4 � IS,JB JB O `WJ J r �H9yr���9 r z rpB dBW..) 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C.R.48 1120') „ a MIDDLE u10R7x P0.1 na° m, 1T4 17 4 ' 111 Aa 12 /16Acl C� ,of 1 4 a a 1e.1 `'ABB 167AIc1 COW) e 5.2AIc1 °�F s1 t5 y 2 1.14 ,ss Q Qr� ,.Wcl r 1e.5 /, F0� c �q Y tO 1.1A 6 s # n na Y to O v y 2 r Jo�f.G4fh. �oP° Tshn9 �ao11, 1wI / JQYIh�h� ICeS`o �h� BreAK�`�sfi rl �- �rKl�rj- L'V►�.e,�,�, 3 a n f� jL_, � UA- ref Pip 0., m '�°�''' �, .�� rte► d.tu� \ �- jtm4-_ "_-b6�."--,aO ,,, �,a2h-our .��m V��yvirr- ✓����� �r .-�,�, p�,�„� -Q oma. ���A` `Pk-s'- �l od� t" BOARD MEMBERS ��®� S®�,�® 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 100UM Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 o Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 3, 2016 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, MARCH 3, 2016: 2:20. P.M. - ANTHONY and LISA SANNINO #6882 — (Re-opened by Board Resolution) Request for Variance under Article III Code Section 280-13A(4) and the Building Inspector's June 17, 2016,"amended June 23, 2015 Notice of Disapproval for a building permit to construction of a winery/tasting room, at: 1) winery located on a parcel less than the code required minimum of at least 10 acres devoted to vineyard or other agricultural purposes, located at: 15975 County Route 48 (aka Middle Road) and 7495 Alvah's Lane Cutchogue, NY. SCTM#1000-101-1-14.6&14.4 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-Town.Southold.ny.us Dated: February 8, 2016 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 �`ONING BOARD OF APPEALS MAILING ADDRESS-and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http•//southtown.nortlifork.net February 8, 2016 Re: Town Code Chapter 55 -Public Notices for Thursday, March 3, 2016 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 February 15th: 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 February 22nd: 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 February 24th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before March 1, 2016. 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 r; TOWN OF SOUTHOLD ZONING BOARD OF APPEALS �� h 0 SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (N me of Applicants) SCTM Parcel# 1000- i"-� ' `r COUNTY OF SUFFOLK STATE OF NEW YORK residing a D qqo arv,hs e.- New New York, being duly sworn,deposes and says that: C Oti the 2a da of � - , 2010, I personally mailed at the United States Post.Office in , , 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 reeords on file with the((--)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 a property. (Signa Sworn to before me this . 91day of j uan 220110 TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6wsgo0 QUALIFIED IN SUFFOLK coum (Notary P,ubli WNIMI,"A' 10N EWIMS JUNE$0,2PIE 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. 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C3 C3 Postmark Delivery $ [=I ❑[]Certifled Mail Restricted []Certified Mail Restricted Delivery SIE00 1 "' �j a E-3 El Adult Signature Required r0-3 0Adu,:1,gnatuiaRequhd, 1-3 Adult g...re Restricted Delivery$ E]Adult Signature Restricted Delivery C-3 Postage r3 Postage $0.71 197/ Glb !ru $0.71 )v $ l U1 $ Ln Total postage and Fees Total Postage and Fees i6.96 17-1 rq $6.96 $ Woo- Ln sent Tt Ln' Sent To -------------------------------------- > r-q .AE 0 Street WIT C3 �63---------A---- - ------------ --------------------------- C3 -------------- ------------ ------------------------------—----------------------- uli� I �OV7536-02- -6(�47 -'§g'e Reverse for Instructions 15 P�� 000 TM U.S. PostalService"' 1 U.S. Postal Service I CERTIFIED MAILP RECEIPT CERTIFIED MAIL@ RECEIPT !Ii "Domesti c Mail Only 171- Domestic Mail Only Cal 0For delivery information,Visit our website at www.USPS.Cornoo� r-3 F KEE=1 IITI" t 0 _11, IUTCItjll UNY L;qV%j C q A'L�-H�' a cX3 C Certified Mail Fee 01 Lr) Certified Mail Fee Ln C3 $ 10 $ $3.45 L'A04 0971 &Fees(check box,add fee a propdatol r- Extra Services&Fees(check box add fee as ap rood r Extra Services O;Ogfl—. - [I Return Receipt(hardcopy) $ Vp ❑Return Receipt(hardcopy) $ A)1A )&j <7- -J6 1:3 [1 Return Receipt(electronic) $ WnWA <0 Post -3 Postmark [I Riiturn Receipt(electronic) $71 127 C3 P.M I r-3 []Certified Mwl Restricted Delivery $ *UMIA ret C-3 d, $ kI 1A V C3 Signature Required $ C3 []Adult Signature Restricted Delivery$ Wig []Corti ad Mail Restricted Delivery $ C3 []Adul El Adult Signature Require []Aduft,Signature Restricted Delivery$ Postage r E3 Postage _3 -2/2016 $0.71 16, ru, $0-71 ni $ U-) 61 Postage and Fees Irl Total Postage and Fees — rq r-q $6.967 IJ ISent To k;ZL a n 0- "Voof I ------- 6UI05 Z 'Kij5K--- ---I----------- E3 i3---ftAprto------ilzr—- F------ 94 ID ------------- z1Z --------------------------------- Pb n 'Ouke'. 17% Z Ibis City-------------------L----I--------- --------I--------------- ---- 7Z-I1P 4® - ------- ------- ------ tte, 1P+4® Ile V i Psrorm3so6�-Apr�ij;,)oi5PSN7530-02-000-9047 See Reverse for Instructions U TM U S Postal Service".S. Postal Service CERTIFIED MAIV RECEIPT CERTIFIED MAILO RECEIPT Im Domestic Mail Only Domestic Mail OnlY C3 For delivery information,visit our website at www.usps.conj". E:3 EP.W.RROW,R. -0 �11 11TOW '-S' FLUSHCNq #I—=jjF0-8 A L Of 11) -d Q � J1 L U S En- [Ln Certified Mail Fee �Ln Certified Mail Fee i I C-3 $ $3.4 r%- Extra Services&Fees(chockboK,add fee 9 cr%3 6ra Services&F ox,add tee as a 0q 0' a,Opp L09 [I Return Receipt(hardcopy) $_V) 9 - 0 ❑Return Receipt $ E3 E]Return Receipt(electronic) n,MY/ - I- r-3 [I Return Receipt(electronic) $ Postrit 101 s- 02 pas est D H C-3 nCertifiedMal]R dcted Delivery $ C3 [I Cartriled Mail R a olive $ E:3 2 D22016H 11:3 []Adult Signature Required $ []AdultSignatu Required $ A C-3 E:3 []Adult Signature Restricted Delivery$ E]Adult Signature Restricted Delivery$ r3 Postage 9 22 A E:3 Postage to.7 9/2 $ $0.71 —212-1 2/ 16 Ln Total Postage and Fees ru 6,Postage and Fees, Isps Ln rq rq $6.96 $ $6.96 $ Ln Sent TdF,--,,,,,, V L-n 'So 0. r=1 ------------------ rq - ----------- % --------------------------- --------- r3 td Apt p Stre or o. ---------------cr- -------------------- --------7----------------- Crty Sl - ------------------------- Cdy,State,W15:i4b L,- /1-3 PS Form 3800, )l 5 PSN 7530-02-000-9047 See Reverse fo(Instructions YY�� 'HUNTI� DAI�f I-i,7 f E A-6 Ln Certified Mail Fee ro $ $33.45 Extra Services&Fees(check box,add fee as appropd U971 ❑Return Receipt(hardcopy) $ +91 C3 ❑Return Receipt(electronic) $ °f [1,t Post tjGa I3 ❑Certified Mail Restricted Delivery $ $1.1.00 `Cj ryry Here 3 r3 ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ I_-3 Postage � / / fU $ 80.71 '.• 1" 0 Ln Total Postage and Fees b��p�tWf $ $6.96 Ln S t To G ---- ------------------------------------------- Street andA ,JVo., r P Box N City,State, 1P+4�--------------------v-----t-�--J--�--------------------------------- �Irl°AnW o o ., a rY rir•r; 's QfP SENDER: • 1N COMPLETE THIS SECTIONON DELIVERY ■ Complete Items 1,2, and 3 A Signature ■ Print your name and address on the reverse X El Agent so that we can return the card to you O�Addressee ■ Attach this card to the back of the mailpiece, B nReceived by( rented Name) C D to of Delivery or on the front if space permits. �7 ef,1 ,Gy-. � V!-► f b 1. Article Addressed to, D Is delivery address different from Item 1 es If YES,enter delivery address below ❑ No 4-/rq(�-: �c>� �•'�-r.r� �ltJ 1�{ J s�/, V LC r �h 4X 116,'J., • ) ew Vork, A) 1' l deo a e- lo©,2_0 3 Service Type ❑Priority Mall Express® II I IIIIII IIII III II II I I II II II I I IIII II III I II III °Adult Signature ❑Registered MailTM ❑Adult Signature Restricted Delivery ❑Registered Mall Restricted ❑Certified Mail(D Delivery 9590 9401 0019 5205 2398 56 °Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from Service label) ❑Collect on Delivery Restricted Delivery °Signature Confirmation— i Insured Mail ❑Signature Confirmation ?015 15 2 0__d 0 0 ?058 5985 Confirmation- -,Insured Mad Restricted Delivery Restricted Delivery (over$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER: . •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3 A Signature ■ Print your name and address on the reverse X41 gent so that we can return the card to you. � ❑Addressee ■ Attach this card to the back of the mailpiece, B R ceived by(Printed Name) Cl Date of Delivery or on the front If space permits. c) 'r,2 1 Article Addressed to, D Is delivery address different from Item 19 ❑Yes �` /� ( If YES,enter delivery address below F1 No ...J�l d�C_Of lip�rS'T D� `('�Clc�en 4�Ujl line 3 Service Type ❑Priority Mail Express@ i II�'III III III II II I I II II II I I VIII I II I III °Adult Signature °Registered Mail ❑ ❑Adult Signature Restricted Delivery Registered Mail Restricted ❑Certified Mail® Delivery 9590 9 4 01 0 019 5205 2398 9 4 °Certified Mail Restricted Delivery °Merchand sept for ❑Collect on Delivery 2 Article Number(Transfer from service label) Li Collect on Delivery Restricted Delivery °Signature Confirmation— _ _ - -_ .-_ n Incl imri Mail ❑Signature Confirmation 7 015 1520 0000 7 0 5 8 5992 00�II Restricted Delivery. Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domes$b,f#ejurn Receipt s�„ SPNDER�,—rPLETE THIS • / SECTIONON DELIVERY I ■ Complete ms 1,`2;�if'd 3. `T lgnature e ■ Print your name and address on the reverse` h – ElAgent so that we can return the card to you. _r ddressee ■ Attach this card to the back of the mailpiece, ceived noted Wame) C. �tof�?e(very or on the front If space permits 1 Article Addressed to: ro D. Is cYelivery address differerit from Item 1? es I If YES,enter delivery address below: ❑ No S?A AA v St,g CO f t25 I I n I 3 Service Type 0 Priority Mad Express® IIIIII IIII III II II I I II II II I I III�I II VI I I III El Adult Signature 0 Registered MailT^ ❑Adult Signature Restricted Delivery EJ Registered Mall Restricted; 0 Certified Mad® Delivery 9590 9 4 01 0 019 5205 2 3 9 8 8 7 0 Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise n���ar_frnmserVlce label) 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmationT" 015 1520 0000 7 0 5 8 — " 0 Insured Mail 0 Signature Confirmation 6 0 6 7 Insured Mad Restricted Delivery Restricted Delivery (over$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE .N COMPLETE THIS SECTIONON DELIVERY ■ Complete Items 1,2,and 3. A Signature ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee 110 Attach this card to the back of the mailpiece, B Receive by(Printed Name) C Date of D ive or on the front If space permits ae . E7, S . t 1 Article Addressed to: D Is delivery address different from I em 19 ❑Ye If YES,enter delivery address below- ❑ No �D sok �( 9 3 II Service Type 0 Priority Mad Express@ }I Illill IIII lol II II I I II II II I I IIIIIIII II II I III 0 Adult Signature 0 R Registered Mail � ❑Adult Signature Restricted Delivery Registered Mail estrictedi ❑Certified Mail@ Delivery 9590 9401 0019 5205 2399 55 0 Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 2 Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation- _- o-,._Ild Mail 0 Signature Confirmation 7 015 1520 0000 7058 6029 d Mail Restricted Delivery Restricted Delivery 1$500) -PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt SECTIONSENDER: COMPLETE THIS / THIS SECTION-ON DELIVERY ■ Complete,•itbffi?f,�2,and 3. levese A Signature ■ Print your name and address oj, �' lam ) so that we can return the card X T 6 ❑ ent A dressee i ■ Attach this card to the back of 13 ed by(Pante Na e) Da of ery or on the front If space permits 1 Article Addressed to. I / D Is delivery address different from item 1? Y ' r+AN Ce,S /�� If YES,enter delivery address below: No S II�IIIIII IIII III VIII VIII��I I IIII�III I 3. Service Type 0 Adult Signature o Priority Mail Express@ I II I III Registered MaiIT ❑ Restricted ❑ ^^ Adult Signature RDelivery 0 Registered Mail Restricted, 9590 9401 0019 5205 2399 31 El Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(transfer from service label)_ collect on Delivery Restricted Delivery 0 Signature ConfirmationT. 7 015 1520-0,00.0i,7058 -130,43 sured Mail ❑Signature Confirmation i r L � ered Mail Restricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 er$500)+ ' Domestic Return Receipt • • • 1 'DELIVERY ■ Complete items 1,2,ana 3. A. Si ature ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee 9 ■ Attach this card to the back of the mailpiece, ecelve y(Prmte Name) C. Date of Delivery . B 1 or on the front if space permits. e 1. Article Addressed to . Is different rom item 10 El Yes ddr ss below ❑ No P 0 ®>< y X16 I I. rt 9,SoZ N I IIIIII IIII l �III II II�I�II II II I I IIIIIIII I I III III Service Typ 0 Priority Mad Express® gnature ❑ ` � AdGlfSiRegistered MadTM Signature Restricted Deh 0 Registered Mail Restricted i Maims, >. ' ddlt-led ," Delivery 9590 9401 0019 5205 2399 24 0 ad Restricted ❑Return Receipt for j 11 Cc O* Merchandise ! 2 Article Number(Transfer from service label) ❑Collect icted Delivery ❑Signature ConfirmationTM I Sad EJSignature Confirmation '7d 1`Jr }+15 2�;+DiO 0 0 =7 5 8;s 6 Q 12 f ? 0)d Restncted Delivery (�t Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE •N COMPLETE THIS SECTIONON"DELIVERY ■ Complete items 1,2,and 3. A Signature ■ Print your name and address on the reverse X D `1 Agent so that we can return the card to you. l� 1/� ❑9Addressee ■ Attach this card to the back of the mailpiece, B Received by(Printed Name) C Date of Delivery I or on the front if space permits. 1 Article Addre d t[:V D Is delivery address diff �from(}� Yes 1 o �yIf YES,enter deliveadd ss be ❑ No "'���TTT IIIIIIIII IIII IIIIIIIIIIIII II II(IIIIIIIII III III 3 Service Type 1J' 0 Adult Signature PriorityMail Expresso Registered MajITM0 Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail@ Delivery 9590 9401 0019 5205 2399 17 0 Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 2 Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM -7 0_lnsured Mad t .. , . 0 Signature Confirmation 7 di1 s: 1520-000 a ? f Q 5,8 .6 p Q_ 5 _;Visit Restncted:Del,very; i Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt i COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ++ ■ Complete items 1,2,and 3. A Signature I ■ Print your name and address on the reverse Agent X so that we can return the card to you. 1:1 Addressee I ■ Attach this card to the back of the mailpiece, B. Received by Inted ame) C. D?No f D live or on the front if space permits. OA I 1 1 Article Addressed to: D Is delivery address different from item 1? es I If YES,enter delivery address below of , j II I IIIIII IIII III II II I I II II IIII(IIII II II III I III 3 Service Type 0 Priority Mail Express@ ❑ � Adult Signature ❑Registered MaiITM I 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted) 0 Certified Mail@ Delivery 9590 9401 0019 5205 2398 25 0 Certified Mail Restricted Delivery 0 Return Receipt for — _ 0 Collect on Delivery Merchandise —` ^'••^��-rr�ncfacfrom_service-label) ❑Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM 7 Q 15 15 2 0 Q Q Q Q 7 Q 5 g f --lured Mad 0 Signature Confirmation 610 4 sured Mad Restricted Delivery Restricted Delivery Ver$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER: • • • • • DELIVERY ■ Complete item�2,and 3. ASigna re ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mallpiece, B. Received by(Printed ame,) C. Date of Delivery or on the front if space permits 1 Article'Addressed to- D Is delivery address different froom i erN1Y Yes A� _- If YES,enter Delivery address' s Lf ti 3 l 9 11 ' 'l5to 7201610 - 1 00 '• i 3 Service Type ad Express® II I�IIIII IIII III II II II��II I IIIII III I IISI III ❑Adult Signature ❑Registered Mail ❑Adult Signature Restricted Delivery ❑ Restricted. Mail Restricted ❑Certified Mail® Y Delivery 9590 9401 0019 5205 2398 63 El Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2 Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM '-'ared Mail ❑Signature Confirmation 7 015 1520 0000 7058 6074 rred Mail Restricted Delivery Restricted Delivery ?r$500) PS Form 38,11,,Aprll 20,15;PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE •N COMPLETE THIS SECTIONON DELIVERY F-,� CC!mpletd1tems 1,2,and 3. A. Signature °-■ Print your name and address on the reverseX y/� ❑Agent so that we can return the card to you. i ❑Addressee ■ Attach this card to the back of the mailplece, B. Received by(Printed Name) Cf Date of Delivery or on the front if space permits. i 1 Article Addressed to D. Is delivery address different from item 1? ❑Yes f If YES,enter delivery address below. ❑ No AIL;A k_5I C" je— C- . 3 Service Type ❑Priority Mail Express® II IIII'I IIII III II II I I II II II I I IIIIIIIIII I II III ❑Adult Signature ❑Registered Mail ❑ , Adult Signature Restricted Delivery El Mad Restricted, ❑Certified Mad® Delivery 9590 9401 0019 5205 2399 48 0 Certified Mail Restricted Delivery ❑Return Receipt for E]Collect on Delivery Merchandise 2. Article Number(Transfer from servlce_label) ❑Collect on Delivery Restncted Delivery 12 Signature ConfirmationTM 7 015 1520 0000 7 0 5 8; 6036,'T Isured Mad ❑Signature Confirmation sure- Mad Restricted Delivery Restricted Delivery I -- - wer$50D) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt o COMPLETE • ETE THIS SECTIONON DELIVERY ■ Complete Items 1,2,and 3. 'lam' Wzature■ Print your name and address on thrse gent so that we can return the card to <, ❑Addressee i ■ Attach this card to the back oft e�allpece B ceive y ted Name) to of Delivery 1 or on the front If space permits. V' u 1S' 1I j(` 1 Article Addressed to p� (-i_11 '-D Is del ver{ dress different from item Yes I � If YES,e e delivery address below ❑ No i mac' A l���-� WOOLSEy,,SP S i nSrv< 01 3 Service Type ❑Priority Mad Expresso i II I IIIIII IIII III II II I I II II II I I IIIIIIII I IIII III El Adult Signature ElRegistered Mail ❑ ❑Adult Signature Restricted Delivery Registered Mail Restricted ❑Certified Mails Delivery .9590 94011 0019 5205 2399 00 0 Certified Mail Restricted Delivery Return Merchandseptfor ❑Collect on Delivery 2 Article Number(transfer from service label)_ ❑Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM gad ❑Signature Confirmation ?015 15 2 0 {0 0 0 0 ! '7 0 5 8' 6 0 5 0 _61 Restricted Delivery Restricted Delivery PS Form 3811;April 2015 PSN'7530-02-000-9053 Domestic Return Receipt i TOWN OF SOUTHOLD anV\ I � o 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- COUNTY OF SUFFOLK) STATE OF NEW YORK) - I, "n&*4-'C�- vo;tirn _ residing at �-qqo Aft) S I-A.�G� New York, being duly sworn, depose and say that: On the _day of ,2016 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)-facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be ,� , cam, (Sign e Sworn to before the this -d Day of Ff6yu t , 201149 TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 QUALIFIED IN SUFFOLK COUNTY otary Public) COMMISSION EXPIRES JUNE 30,2D * near the entrance or driveway entrance of my property, as the area most visible to passerby. � uTlt_w`. E uF HEARI ,i4k;i The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : SANNINO , ANTHONY # 6882 SCTM # : 1000- 101 - 1 - 14 . 4 & 14. 6 VARIANCE : PROPERTY SIZE REQUEST: WINERY &TA TIN ROOM DATE : THURS . , MARCH . 3, 2015 2 :20 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765- 1809 �V- #12642 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 V week(s), successfully commencing on the 25th day of February, 2016. i Principal Clerk LEGAL NOTICE da of 016. SOUTHOLD TOWN ZONING me this y BOARD OF APPEALS THURSDAY MARCH 3,2016 10.15 A.M MARJORIE ADAMS PUBLIC HEARINGS #6930-Request for Variances from Ar- NOTICE IS HEREBY GIVEN,Pur- ticle III Section 280-15 and the'Build- suant to Section 267 of the Town Law ing Inspector's December 15, 2015 and Town Code Chapter 280 (Zoning), amended December 22,2015 Notice of Town of Southold,the following public Disapproval based on an application hearings will be held by the SOUTH- for building permit to construct aniac- ISTINA VOLINSKI OLD TOWN ZONING BOARD OF I cessory in-ground swimming pool and APPEALS at the Town Hall, 53095 as built'accessory shed,at;1)proposed NOTARY PUBLIC-STATE OF NEW YORK Main Road, P.O. Box 1179, Southold, in location other than the code required No. 01 VOb 105050 New York 11971-0959,on THURSDAY rear yard, located at: 2895 Eugene's Quollfled In Suffolk County MARCH 3,2016. Road Cutchogue,NY.SCTM#1000?97- ry 28,2020 9:15 A.M.-ROBERT JR.and NOR- 3-20.1 My COMMIA1110 Expires Februa REN FISHER#6924-Request for Vari- 10.30 A.M.-MARK COHEN#b932 1,115 A.M. EL ILIO O LOP Z(CV) ances from Article IV Section 280-18 ' Request for a Variance from Article and 200 SKUNK LANE 1I. i 6912 - and Article III Section 280-15F,and the )=Section 280-124 and the Building Applicant requests a Special Exception The Board of Appeals will hear all Building Inspector's December 9,2015 Inspector's January 21,2016 Notice of ander Article III,Section 280-13B(13). persons or their representatives,desiring Disapproval based on an application for The Applicant is the Contract Vendee to be heard at each hearing,and/or desir- Notice of Disapproval based on an ap- buildingpermit to construct an addition pp plication for building permit'foz;tictiio- p requesting authorization to establish an ing to submit written statements before attaching'an existing accessory garage Accessory Apartment in an accessory the conclusion of each hearing. Each lition of existing single•family dwelling to existing single family dwelling,aE;l construction of a new single Pam- less thantheminimum code required structure, located at: 200 Skunk Lane hearing will not start earlier than desig- Cutchogue,NY'.SCTM#1000-97-3-6.1 nated above. Files are available for re- andily dwelling,at:1)less than the code re- quit ed front yard setback of 50 feet,2) side yard setback of.15 feet,located at ten rM ANTHONX PAGOTO view during regular business hours and At- existing accessory in-ground swimming 820 Old Salt Road(adj.to'James Geek) #69Zk,_sRequest for Variance from Ar- prior to the day'of'th6 hegring.' If you pool at less than the code required front Mattituck,NY.SCTM#1000-'144-5-15 ticle III Section 280-15 and the.Building have questions,please contact our office yard setback of 50 feet on a water front 10.45 A.M. - GEORGE'arid-t4SA Inspector's November 19,2015 Notice at, (631) 765-1809, or by email: Vicki property,located at;2530 Vans Road HAASE #6923 - Applicant'requests a of Disapproval based on an application Toth@Town.Southold.ny.us. PSpecial Exception modification under (aka Old Cove Road)(adj.to Cutchogue hogue The A licant is for building permit to construct an ac- Dated:February 8,2016 Section 280-13B(14). Harbor) Cutchogue, NY SCTM#1000- pp cessory garage,at;1)proposed in loca- ZONING BOARD OF APPEALS 111-5-3 the owner requesting authorization to tion other than the code required rear LESLIE KANES WEISMAN, 9 40 A M -ELIZABETH and GT.JS expand an Accessory Bed and Breakfast, yard, located at: 765 Bayberry Lane CHAIRPERSON IvtA 40 A.M ELI -Request for Vail- accessory and incidental to the residen- (corner bridge Lane) Cutchogue, NY BY:Vicki Toth ances from Article XXIII Section ail- tial occupancy in this single-family dwell- SCrM#1000-111-15-1.6 54375 Main Road(Office Location) 124 and the Building Inspector's Dec 80- ing>add an additional(2)bedrooms for 2.00 P.M. ISIDORE MILLER#6925 53095 Main Road(Mailing/USPS) bei 18,2015 Notice of Disapproval based lodging and serving of breakfast to the -Request for Variance from Article III P.O.Box 1179 on an application for building permit to B&B casual,transient roomers(Making Section 280-15 and the Building Inspec- Southold,NY 11971-0959 construct additions and alterations to the total five (5) bedrooms). Location tor's November 13,2015 Notice of Dis- 12642-IT 2/25 existing single family dwelling,at;1)less of Property:580 Skunk Lane Cutchogue, approval based on an application for than the minimum code required front NY SCTM#1000-97-3-11.6 building permit to construct accessory yard setback of 35 feet,2)more than the 11:00 A M.-LAZARUS ALEXAN- in-ground swimming pool, at; 1) pro- code maximum allowed lot coverage of DROU #6927 - Request for Variance posed in location other than the code 20%,located at:1090 Circle Drive(cor- from Article XXII Code Sectioni 280- required rear yard,located at:1820 Ken- ner Aquaview Avenue) East Marion, 116A(1) and the Building Inspector's uey's Road Southold;NY.SCTM#1000- NY SCTM#1000-21-3-11 January 25,2016 Notice of Disapproval 59446.2 IU:OU A.M.-NEIL STRONSKI and based on an application for building 2.20 PM - ANTI;ONY and LISA PATRTCIA PEREZ #6929 - Request perirut for accessory in-ground swim- cA`NNINO #6882 — (Ire-opened by for Variances from Article =1 Sec- ming pool,at;1)less than the coderre- Board Resolution) Request for Vari- tion 280-116A and Article XXIII See- quired 100 Toot setback frcim''t8b"of ante under Article III Code Section tion 280-124 and the Building Inspec- bluff;located at:2700 Sound Drive(adj. 280.13A(4) and the Building Inspec- tor's December 22, 2015, Amended to Long Island Sound),Greenport,NY. tot's June 17,2015, amended June 23, January 14,2016 Notice of Disapproval SCTM#1000-33-1-11 1 2015 Notice of Disapproval for a build- based on an application for building 1120 A.M. - MICHELLE ROUS- ing permit to construction of a winery/ permit to legalize`as built'additions/aI- $AN#6931-Request for Variancesfroin tasting room, at:1)winery located on terations and accessory structures and Article III Section 280-15--and Ax4cle a parcel less than the code required construct additions/alterations to the XXIII Section 280-124 and the Bujldidg minimum of at least 10 acres devoted existing `as built' accessory structures, Inspector's January, 20,-2016 Notice,,%f to vineyard or other agricultural-pur- at;l)the proposed and`as built'acces- Disapproval based on an application for poses,located at: 15975 County Route sory construction is less than code re- building permit to construct an.acces- 48(aka Middle Road)and 7495 Alvah's quired setback of 100 feet from the top socy garage,at;1)to, in location Lane Cutchogue,NY.SCTM#1000-101-, Of the bluff,2)`as built'deck addition is other than the code required reari yard, 1-14.6&14.4 less than the code required setback of 2) lot coverage proposed at more than, 100 feet from the top of the bluff,3)`as the code maximum allowed of 20%,lo- built'deck addition located at less than cated at:865 Second Street,New Suffolk, the code required minimum side yard NY.SCTM#1000-117-8-10 setback of 15 feet,located at:7125 Na,- 11:50 A.M - CHARLES FOSTER sau Point Road (adj.to Little Peconic REEVE #6926 - Applicant requests a Bay)Cutchogue,NY.SCTM#1000-111- Special Exception under Article- III, 15-11 Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure,located at:626;Front Street Greenport,NY.SCTM#1000-48- 1-2 PATRICIA C. MOORE Attorney at Law �q 51020 Main Road Southold,New York 11971 RECEIVED Tel:(631)765-4330 FEB 2 6 20M Fax:(631)765-4643 ZONING BOARD OF APPEALS February 16, 2016 Chairperson Leslie Weisman Zoning Board of Appeals Main Road Southold NY 11971 Re: SANNINO WINERY, INC. SCTM#1000-101-1-14.4 & 14.6 Appeal# 6882 Dear Chairperson Weisman and Board: Please let this serve as a request to reopen the above matter in order to provide the Board with additional information. Thank you. tr yours, atricia C. Moore I, Anthony Sannino, hereby authorize the above request Anthony S riino cc: Stephen Kiely, Assistant Town Attorney P�vS �J Town of Southold Zoning Board �tECEIVED FEB ®S 2016 Re. File #6882 7-ONING BOARD OF APPEAL We are respectfully requesting a decision t e have diligently tried to purchase the required acreage to meet the current town code from four neighboring properties and have not succeeded. At this time we would also like to respectfully request that the board consider granting this minimal variance of 11.7% of the current town code required 10 acres. Anthony and Lisa Sannino 7 own of Southold Zoning Board FEBE ®12016 Re. File #6882 Z®fVIfVG BOARS OF APPEALS We are respectfully requesting a decision as planned since our last hearing. We have diligently tried to purchase the required acreage to meet the current town code from four neighboring properties and have not succeeded. At this time we would also like to respectfully request that the board consider granting this minimal variance of 11.7% of the current town code required 10 acres. Anthony and Lisa Sannino LAW OFFICES r � WICKHAM,BRESSLER&GEASA,P.C. b 13015 MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 O 8� TELEFAX NO 631-298-8565 awickham@wbglawyers.com RECEIVED November 19, 2015 NOV Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 BOARD OF APPEALS Southold,New York 11971 Re: Appeal#6882— Sannino; Rt 48 and Alvah's Lane, Cutchogue,NY Ladies/Gentlemen: I would like to address the comments made by the Planning Board in its letter dated Sept. 1, 2015to the ZBA with respect to the Sannino winery application..My family owns the 33 acre woodland and farm to the West. I feel that some of the Planning•Board comments are incorrect with respect to the application of the Southold Town Zoning Code to the use of property for winery purposes. The Town has historically considered residential and agricultural uses as overlapping, and has not required double the amount of acreage for these two uses to be simultaneously conducted on the same parcel. Therefore, I do not agree with the Planning Board's comment that acreage allocable to the residence must be subtracted in computing the 10 acre farm size for a winery. A typical farm generally has a farm house as part of the operation, and it would be a strong departure for the Town to allocate the zoning code's minimum area for a residence in determining what can be done with the rest of the farm. The farmhouse and barns on a typical farm all contribute to agricultural production. The fact that the bed and breakfast use is included in the residence should not pertain to this consideration because it is an allowed use of the residence in this zone, by special exception which was granted by your Board. What I oppose most vigorously,however, is the Planning Board's statement that a winery is an incompatible use near residences. This is not a proper subject for Planning Board comment, and I believe it goes beyond the bounds of their jurisdiction. The Town Code specifically allows wineries in residential zones, and the Planning Board should not be recommending that your Board legislate around it. No one can deny the difficulties presented by a few wineries who have stepped far beyond the Code, but the remedy should be enforcement, not an end run to change the Code. The parcel is large enough for parking; the lighting can and should be controlled, and traffic patterns considered. These are the considerations with which the Planning Board is charged. For the Planning Board to suggest that this winery should not be here because it is near residences is inappropriate. Further, the applicant-should under no circumstances have to show how far the residences are from the proposed winery and the other information requested. I would urge a reconsideration of how the vineyard industry has revitalized this area from an agricultural standpoint before maligning wineries as a general category of usage in a residential/agricultural setting. RECEIVED 6g`2— )-Thank you for your consideration. NOV 23Ka XAbiggail ly yours, i BARD OF APPEALS AAW/dm A. Wickham ZBA/LtrSannino ✓Cc: Southold Town Planning Board 6N November 19, 2015 �Fr�ED Town of Southold �oN Nov 1,9 ?015 ING BOARD OFgPP Zoning board of Appeals FAcs 1-As confirmed by the certified surveys we provided our two combined properties equal a total of 8.94 acres (389,426.40 sq.ft.) 2-Should the Zoning board agree to issue a variance this would only be a 10.6% variance which is tiny in comparison to many of the others granted. 3-We have offered to deduct additional land for coverage on our lot by our residence 3,858 sq.ft. (as confirmed by our registered architect Bob Gruber) plus an additional 1,142 sq.ft. which the board can apply as they wish as ancillary residential use. This is a total of 5,000 sq.ft. 4-If we deduct the 5000 Sq.ft. from our current actual 8.94 acres we would have 8.83 acres towards the 10 acre requirement. 5- If a variance is issued at this point it would only be a 11.7% Variance which is still tiny in comparison to most. 6- If a variance is not issued we would like the opportunity to satisfy the 10 acre requirement by purchasing 1.17 acres from the neighboring Baptist Church property. 7-We are trying to be as accommodating as possible to achieve a positive resolution for us. Thank You Anthony and Lisa Sannino i - C. A.. . Gruber Architect' -�, 476 Expressway Drive So. Medford, N.Y. 11763 November 19,2015 Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold,NY 11971 Re: Sannino Residence To whom it may concern: The total lot coverage for the Sannino Residence at 7490 Alvahs Lane,Cutchogue,NY is the total of the first floor living space 2,162 s.f.plus 976 s.f for the front porch,plus 720 s.f for the Garage for a total lot of 3,858 s.f. All of these totals can be confirmed on the approved construction plans accepted by the Town of Southold Building Department prior to the construction of the residence. Very truly yours, Robe J. Gruber Architect OF Tel: 631-654-4949 • Fax: 631-654.2101 E-mail: dgruberra@aol.com PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)7654330 Fax:(631)765-4643 November 18, 2015 Nov I 2 15 Chairperson Leslie WeismanoV APPEAt-s Zoning Board of Appeals zon�tn��aoA�o Southold Annex Main Road, Southolf NY 11971 (Hand delivery) Re: SANNINO WINERY,INC. SCTM#1000-101-1-14.4 & 14.6 Appeal# 6882 Dear Chairperson Weisman'and Board: My clients are making every effort to meet the Town Code. Mr. and Mrs. Sannino currently have a combined acreage of 8.94 acres (389,426.40 sq.ft.). In order to avoid an application for a variance they are attempting to purchase additional land from the adjacent church parcel. At our last hearing we discussed that my client needs to know clearly how much additional acreage is required in order to pursue a lot line change with the adjacent church parcel. We strongly believe that according to Southold Town Code,past applications, and Agriculture and Markets Law,the farm house is an integral part of the farm winery, and no square footage should be deducted from the winery for the "residential use". Nevertheless, in an effort to move forward their plans without a variance, my client will set aside 5,000 sq.ft. as the area of the "farm house residential use". Therefore, my client will pursue a lot line change for 1.17 acres from the church. We would respectfully request that you and the Building Department come to an agreement on this issue. Once we receive confirmation from the Town of Southold Building Department that, in fact, 1.17 acres will make the Sannino Winery Inc. application conforming,then we would adjourn this application to negotiate with the church for the additional land. We will keep you advised of the progress. If the church and Sannino family are able to come to an agreement,we will apply to the Planning Board for a lot line modification. Once the lot line modification is approved we expect that this variance will be moot. We thank you for your continued cooperation and we would respectfully request confirmation of the 1.17 acres required so that we will know how to proceed. V tai urs, ricia C. Moore cc: Mike Verity, Building Inspector Stephen Kiely, Assistant Town Attorney V s #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. i LEGAL NOTICE SOUTHOLD TOWN ZONING Principal Clerk BOARD OF APPEALS THURSDAY NOVEMBER 5,2015 PUBLIC HEARINGS lr NOTICE IS HEREBY GIVEN, t pursuant to Section 267 of the Town Law and Town- Code Chapter 280 - (Zoning),Town of Southold,the fol- a this day of ]'OV 2015. i lowing public hearings will be held 10:40 A.M.-RICK NAPPI#6828-', by the SOUTHOLD TOWN ZON- Re-O ened b Board Resolu- ' ING BOARD OF APPEALS at p y the Town Hall, 53095 Main Road, tion --Request for Variances from P.O.Box 1179,Southold, New York Article XXIII Section 280-124 and 11971-0959, on THURSDAY NOW Article XXII Section 280=11613 and VEMBER 5.on the Building Inspector's December 9:30 A.M.-ANTHONY and LISA 3, 2014,AMENDED September 22, 2015 Notice of Disapproval based I I SANNINO#6882-(Adjourned from on an application for building per- ance under Article III Code Sectionction CHRISTINA VOLINSKI September 3,2015)Request for I . mit for to ons --a NOTARY PUBLIC-STATE OF NEW YORK =a==� 280-13A(4)and the Building Inspec- I Demolition of existing single family ,_ NO. 01 V061 05050 tor's June 17, 2015, amended June I dwelling and construction of a new Qualified In Suffolk County 23, 2015 Notice of Disapproval for single family dwelling, at; 1) less c a building permit to construction of than the code required front yard qty CiOmmisslon CXpltsts February 28, 2016 a winery/tasting room, at:1)winery ; setback of 35 feet,2) less than the located on a parcel less than the code ' code required minimum single side 1:30 P.M. - ADE VENTURES 2:15 P.M. - SOUTHOLD FARM required minimum of at least 10 acres yard setback of 10 feet,3) less than LLC. #6850 - Request for Varianc- and CELLAR. INC (MEADOR) devoted to vineyard or other agri- the code required-bulkhead setback I es from Article XV, Sections 280- 0861 - (Adjourned from 8/20/15) cultural' purposes, located at: 15975 4fU75 feet, located at: 5218 Peconic 6413&C and 280-63 and the Building Request for Variances under Article County Route'48(aka Middle Road) Bay Boulevard(adj.to Great Pecon- Inspector's June 9, 2014, renewed III Code Section 280-13A(4) & 14, and 7495 Alvah's Lane Cutchogue, is Bay) Laurel, NY. SCTM#1000- I February 23, 2015, amended Febru- and Article XXIII Section 280-124 NY.SCTM#1000-101-1-14,6&14.4 128-2-22 ary 26, 2015 Notice of Disapproval1 and the Building Inspector's April 10:00 A.M. - STEVEN and AN. 11:00 A.M.-JUTAXPARTNER& f' based on an application for building 19, 2015, amended June 19, 2015 DREA KOLYER#6860-(Request to LLC. #6891 - Request for variance I permit to construct a commercial II AMENDED September 10, 2015 WITHDRAW by letter dated October from Article II Section 280-9A&B II building for an electrical contrac- Notice of Disapproval for a building and the Building Inspector's Notice tor's ard, 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 inotice of Disapproval) Request for g nition, at; ) quired minimum rear yard setback plication-for lot recognition, 1 at:1)(winery building)less than the Ni Variances under Article III -Code subject parcel is not a recognized of 70-feet,3,)proposed structure with code required minimum setback of Section 280-14 and the Building-In- lot, located at: 1975 Sound View more than the code allowed maxi- 100 feet from a major road,located specter's March 9,2015,Revised July Avenue(adj.to Long Island Sound) mum of 60 linear feet of frontage at: 860 Old North Road Southold,20,2015 Notice for Disapproval fora Mattituck,NY.SCTM#1000-94-1-11 on one street,located at:620 Corwin NY.SCTM#1000-55-1-7&8.3 The Board of Appeals will hear i building permit for a subdivision, at: ' Il1:15 A.M.- PAUL ROMANEL- Street Greenport,NY. SCTM#1000- , ! _ 48-2'-44.2 1 all persons or their representatives, Proposed Lot 1-(lot minimum less than LI. CONTRACT VENDEE 2:00 P.M.-ALLISON LATHAM desiring to be heard at each hearing, the code required minimum lot size of (1eOB 80,000 sq.,ft.,2)less than the code re- ERT and CAROL BOHNI #6892 t #6889-This is a request under Sec- and/or desiring to submit written quired minimum1ot width_of 175 feet, - This•is a request under Section ' tion 280-146D for an Interpretation statements before the conclusion of Proposed Lot 2-(lot 9)-'l)less-than 280-146D for an Interpretation of of the Town Code,Article III, Sec- each hearing. Each hearing will not the code required minimum lot size of the Town Code,Article VIII,Section tion 280-14, "Bulk Schedule", ap- 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 r review during quired minimum lot depth of 250 feet, ing the Building Inspector's Septem- ; I September 10,2015 Amended Notice ; regular business hours and prior to located at:4075 Paradise Point Road her 15,2015 Notice of Disapproval; of Disapproval regarding number of, the day of the hearing. 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- `� i SCTM#1000-81-1-10.1 rity" is not a contractor's business, I at: 860 Old North Road Southold, I fice at, (631)765-1809,or by email: 10:20 A.M.- 7850 MAIN ROAD located at:50300 NYS Route 25(aka NY.SCTM#1000-55-1-7&8.3 1 Vicki.Toth@Town.Southold.ny.us. LLC d/b/a THE BLUE INN at Main Road) (corner Jockey Creek- Dated-October 5,2015 NORTH FORK#6675-Re-Hearing Drive) Southold, NY. SCTM#1000- ZONING BOARD OF APPEALS per Board Resolution based on Con- 70-2-15 LESLIE KANES WEIS- dition#13 in ZBA amended decision 11:30 A.M.- PAUL ROMANEL MAN, . CHAIRPERSON dated September 4;2014 - Request LI. CONTRACT VENDEE (ROB -BY-Vicki Toth, for Special Exception per Article ERT and CAROL BOHN) #6890 54375 Main Road(Office Location) VII,Section 280-35(B) to expand - Request for variance from Article 53095 Main Road(Mailing/USPS) the current restaurant use to include VIII, Code Section 280-38A (Per- P.O.Box'1179 being open to the public, enclose mitted Uses), and the Building In- Southold,NY 11971-0959 existing patio and surround with a spector's September 15,2015 Notice 124754T 10/29 3 1/2 foot wall located in a Resort of Disapproval based on an applica- 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 contrac- Marion,NY. SCTM#1000731-6-17.2 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 1 Drive) Southold, NY. SCTM#1000- 70-2-15 - I 4� Anthony Sannino <info@sanninovineyard.com> Oct 21 RECEIVED to Patricia NOV -'5 2015 ��\> Sent from my iPhone ZONING BOARD OF APPEALS Begin forwarded message: From: "Frering,Mark(SLA)" <Mark.Frering@sla.ny.gov> Date: October 21,2015 at 10:50:16 AM EDT To: "info@sanninovineyard.com" <info@sanninovineyard.com> Subject: Removl of Farm Winery License Mr. Sannino, In response to your question regarding moving your farm winery license to a location near a church,please be advised that the 200' law does not apply to a farm winery license. The 200' law would only apply if you sought a license to sell beer and liquor for consumption on the premises in a restaurant, conference center,inn,bed and breakfast or hotel business in or adjacent to the farm winery. Mark D. Frering,Esq. Senior Attorney New York State Liquor Authority Alfred E. Smith Office Building, Suite 900 80 South Swan Street,Albany,NY 12210-8002 (518)486-4223 1 mark.frering@sla.ny.gov www.sla.ny.gov Follow us Facebook Twitter ALVAH'S LANE n 'MINOR SUBDIVISION OF EAST COAST PROPERTIES' SUFFOLK COUNTY FILE NO.9225 I f N60/F A.d S. I N/0/F A.,H.d P. N/0/F M,MALEAS N%�P D.HAGZAN I N/0/F D.6�S.PISCANO KALAPODIS PAPATHANASOPOULOS I I f S.33.03'20-E ,to W 66635, S 33.2410'E 98 93' S 26.55'00•E.88.07 .120000000000 D D D D 0 01 O D OD Op0D0DOO 000 -0 Q noo v amu+ I- , , . -O-O D D p N � �� I W o �� 1 I IIYRIiO UJ 1 o.0 —� Lu 0 ` SPa qqf Ow \ ® Q CO m�.yT I 11j I1 a tJ 3 3 E D V I N E Y A R 0 D AC "1p Y P R O +o' ne i� 'I+- 0 O I J a w O°' aun 0. 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C.R.48 1120'1 MIDDLE Oi0H7N ao l nn J S 17 11.1 112A 6AW C�4r4yci 3 '14 's 5. 6 7 B Q 01 c , ,1&4 �y!44 2/ 16.7AIc1 6.OAIc1 . ., n'u B I.lA « /� � ! S �(¢ S 1.SAId 18.5 rq A' n n, E d 4'p / Sannrnb Re�cdence Qr�aSC��s-� �fa bS� l45- lll9 Noon / )t)e"Y ® 5 8e-d(p4a1n ParkI,,5 4ok ~� rt RECEIVE&` e f` NOV ®5 2015 ` i!I YU K:` 'AgMukure ZONING OF �-_ BOARD APPEALS ANDE,M 'J!..i�l.CJ 'IC1: d l l�l.�►►B 7 ��. f !!, '� Governor Commissioner �\ `Y September 1, 2015 L� 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 indiF510 that you own two parcels of land and lease another two parcels for the productin of grapes,which are used by you to produce wihe, You indicated that all but one of the parqd1s is located within a county adopted, State certified agricultural district. Upon review of the map fo'r Suffolk County Agricultural,C3isitirrct No. 1, your 5.22 acre property 'is located within said district. The adjoining parcel itlyat',was purchased is not-in an6grf6illtural district at this time, but you intend to plant 3 acres of grapes on that parcel of land this'fill, 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 reyie'w 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-Gorlversation. you stated that the Town of Southold's Zoning Code requires 10;cssl tCguous acres of land to be considered a farm. The Code Enfot' ttil nh'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 bgjli r gs, equipment,... and practices which contribute to the production -preparation and marlcatlil r,of crops, livestock.and-livestock_aroducts.as a commercial enterprise.... Such farm pprtIon may consist`of`one or more parcels of owned or rented land, which parcels may be ,irtinttguQ?;;.or noncoritiguous to each other." (emphasis added) The definition of"cr-ops.,livestock-_and!iWe§fock, ':6dfi"r as contained in AML §301(2) (b) includes, but is not limited to "[fJruits,"_including "...apples, peaches, grapes, cherries and berries." The on-farm " roduction,c_Drepgrai°Ton and P '.: madtefi"`" [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'1d.0 t�11 which could include a number of parcels owned or leased by that farmer throughout a town, county, or the State, 1 Anthony Sannino 2 1 P a g e 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'is 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:,op n_ The land does not have to be contiguous to one another, You also asked about the Town's establishment of a building lot and dedr ,dins•that acreage from the total aci eope, owned to determine if Town established acreage requirements are met. First, establishing a minimum acreage, as previously discussed, may be unreasonably restrictive. Furth rmore, 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 ; ast;•upon local zoning. The Department examines actual use. For agricultural assessment pu-rIPo�es, the Department of Taxation and Finance also uses=aa(uailuse, not zoning, to determine what land is eligible for an agricultural assessment (see eriGlgsir�f;Tax and Finance Opinion). If you have any questions concerning these comq please contact me at 518/457- 8887. Sincerely, ,otos. ei+s-c Manager, Agricultural I'rotectfon Unit Division of Land and Water Resources IOB Airline Dr,Albany,N.Y., 122351 518/457-37381w�rnv;hnorttllilre,riy.gov . Volume 11 -Opinions of Coin SBRPS No. 92 Page 1 of 3 - g pip l !i4e41of Taxation and,Ananc Volume 11 - ®pinions of Counsel SBRPS No. 92 Opinions of Counsel index Agricultural exemption (soil classification)(req ui red revision); (generally) (zoning compliance) -Agriculture and Markets Law, §§305, 306;Real Property Tax Law,§481: An �ss ;: iyr, 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 ;N�gr,'lsxh is because the property's current worksheet soil classifications purportedly are not consistent with the minimum residential lot size required by zoning. Soil Group WotMti,Sets The AgR61fvnal 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 lan�6wner. 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 o$ s?)i'i,ent values 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 Wici4y/her 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).a 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 Col"' SBRPS No. 92 Page 2 of 3 water conservation district revise such worksheets(see, 1 NYCRR§§370.10, 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 procllitl4,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 on 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 Pleasant,1 N.Y.3d 406,412, 806 N.E.2d 973,977;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,31179 Owners Corp. v. New York City Department of Housing Preservatlon 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't*'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 Coif ' SB P5 No. 92 Page 3 of 3 s 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 LAW, §268). Updated.-February 28,2013 D/1/1)A1 G September 3, 2015 Zoning Board of Appeals: The Sannino's have been my backyard neighbor for over 9 years. I could not be happier to hear that they are pursuing their dream to have their winery on the new property behind me. They are a hard working family that has earned the success they are pursing. Sinc re y, Voula Papathanasopoulos V /V To the Members of the Zoning Board, This letter is to support Mr. and Mrs. Sannino in their proposed effort to acquire the variance for the building permit needed for their new winery/tasting room and to attest to their integrity and quality as excellent neighbors. Over the years they have proved to be great neighbors, always ready to lend a hand and help out at a moments notice or give advice on any subject or situation as requested, in short they are the type of neighbors anyone would wish to have. Their interest in viticulture and in the vibrancy of the North Fork are what we consider as keeping with the agricultural integrity and culture of the region. Under a closer look we believe that you will find it in the best interest of the community in general to grant them the variance needed to proceed and fulfill their life long dream. Thank you for your time, Sincerely, Roger Alvarez Pe� Dina Alvarez Jill A. Blum AckerlY Y Pond Vineyards �$ P O Box 151 Peconic, NY 11958 September 2, 2015 Re: Sannino's Bella Vita Vineyards It's been six pleasurable years having Sannino's Bella Vita occupy my barn for a winery and tasting room. Their method of operation and hands-on management is very suitable for my property and neighborhood. The clientele that the Sannino's attract have been mature, responsible and pleasant. Groups with reservations are carefully screened before being accepted for a visit therefore avoiding overcrowding and any unwanted activity. This is why they were voted third best winery in the nation by Trip Advisor. Quite a compliment for the North Fork winery region. Being a well run business, there is always plenty of help on hand for all the customer's needs. With this protocol,there have never been any complaints, police presence or other problems sometimes associated with wineries. i" As a property owner, I consider myself very lucky to have the Sannino family here to operate a respected and attractive winery and tasting room. Sincerely, Jill A. Blum owner: Ackerly Pond Vineyards 516-639-5219 9/3/15 Town of Southold Zoning Board. Lisa and Anthony Sannino have our full support with their new project. They have been our neighbors to the south of my former greenhouse company on Alvahs Lane. They have always been very understanding of my needs as another agricultural business. We have always worked together to help each other in times of need. Thank You, d6' I Ernie and Barbie Schnider Toth, Vicki From: lisa Sannino <info@sanninovineyard.com> Sent: Wednesday, September 02, 2015 2:40 PM To: Toth,Vicki; lisa sannino; anthony sannino l �� Subject: Fwd:Zoning Board (� RECEIVED SEP 2 2015 2pNING gDARD pEAPpE ALS Zoning Board of Appeals, We would like to respectfully request an adjournment for our hearing for the next open hearing date in order to adequately respond to the comments of the planning board we just received. Sincerely, Lisa and Anthony Sannino i i 1 I �I 1 J BOARD MEMBERS ®� $®(/j Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantess Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �® ® �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider lyc®U � 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, SEPTEMBER 3, 2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 3, 2015: 1:30 P.M. - ANTHONY and LISA SANNINO #6882 - Request for Variance under Article III Code Section 280-13A(4) and the Building Inspector's June 17, 2015, amended June 23, 2015 Notice of Disapproval for a building permit to construction of a winery/tasting room, at: 1)winery located on a parcel less than the code required minimum of at least 10 acres devoted to vineyard or other agricultural purposes, located at: 15975 County Route 48 (aka Middle Road) and 7495 Alvah's Lane Cutchogue, NY. SCTM#1000-101-1-14.6&14.4 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: August 10, 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 06 #12398 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 27th day of August. 2015. Principal Clerk Sworno before ore me this day of 5. LEGAL NOTICE 10:40 AAL-BERTIIA LYNCH.(ES-, SOUTHOLD TOWN ZONING TATE OF)46583-Request'for Variances BOARD OF APPEALS from Article XXIII Section 280124 and THURSDAY SEPTEMBER 3,2015 Article III Section 280-15 and the Building PUBLIC HEARINGS Inspector's March 9,2015 renewedJuly 17, NOTICE IS HEREBY GIVEN,pur- 2015 Notice of Disapproval based on an CHRISTINA VOLINSKI suant to Section 267 of the Town Law and application for building permit for`as built' Town Code Chapter 280(Zoning),Town deck addition to existing single family NOTARY PUBLIC-STATE OF NEW YORK of Southold,the following public hearings dwelling,at;l)less than the code required No. 01V06105050 will be held by the SOUTHOLD TOWN rear yard setback of 50 feet,2)`as built' Qualified In Suffolk Count ZONING BOARD OF APPEALS at the deck addition laces m-gSound swimming in y Town Hall,53095 Main Road, P.O.Box location other than the code required rear My Commisslon ExplrOs February 28, 2016 1179,Southold,New York 11971-0959,on yard,located at:135 Case Road (corner THURSDAY SEPTEMBER 3.2015, Bay Road)Cutchogue,NY.SCTM#1000- 9:M A.M. - BARBARA M. GOR- 116-2-17 HAM TRUST#6880-Request for Vari- 11:00 A.M.,-THOMAS•.GIESE and 11A55 A.M. - WATTF.R and BAR- ances from Article XXIII Section 280-124 PAULETTE GARAFALO #6879 - Re- The Board of Appeals will hear all per- BARA FITZGERALD #6875 desmrin ves,resentati t uessons or their re and Article III Section 280-15 and the quest for Variances from Article XXII - ReqP g to Building Inspector's July 13,2015 Notice Section 280-116B,Article III Section 28- for Vanance from Article III Code Seo- be heard at each hearing,and/or desiring of Disapproval based July an application 15 Sand Article B,Ar Section 280-124- tion 280-15F and the Building Inspectors to submit written statements before the for building permit for"as built"additions the Building Inspector's lune -1 , d October 27,2014,renewed.June 16,2015 conclusion of each hearing. Each hearing and alterations to an exisurig sin a famil amended Jul 23,2015 Notice of Disa - Notice of Disapproval based on c appli- will not start earlier than designated above. dwellingand an"as built"accessory shed, proval based on an application for building cation for building permit for an accessory Files are available for review during regu- at;l "as built"additions and alterations at i permit to construct an accessory in-ground in-ground swimming pool,at:proposed ac- lar business hours and prior to the day of less than the code required minimum front swimmmnmirig pool and for"as built"deck ad- �o0'in-ground swimming pool located the hearing. If you have questions,please and setback of e r feet,2)"as built"shed dition to an existing single family dwelling, n other than the code required rear yard or contact our office at,(631)765-1809,or by Y front yard for waterfront property,located email:Vicki.Toth@Town.Southold.n us. located in other than the code required at;1)"as built"deck addition at less than Y rear yard,located at:162 Lower Shingle the code required minimum side yard set- at: d)S S Southold, eco Avenue(adj.59 Great Dated:August G OA Y Pond)Southold,NY.SCTM#1000-59-6-27.3 Road(Fox Avenue,go through lot)Fishers back of 15 feet,2)"as built"deck addition 11p.,PM. - ANTHONY and LISA ZONING BOARD OFAPPEALS Island,NY.SCTM#1000-9-1-26 at less than the code required minimum SANNINO#6882-Request for Variance LESLIE KANES WEISMANPERSON 9:50 A.M. - CHRISTOPHER and total side yard setbacks of 35 feet,3)"as under Article III Code Section 280-13A(4) ELISABETTA COSCHIGNANO#61±84 built"deck addition and proposed acces- ) BY:Vicki Toth and the Building Inspector's June 17,2015, 54375 Main RoadOffice Location - Request for Variances from Article sory in-ground swimming pool at less than amended June 23,.2015 Notice of Disa ( ) ?DCIII Section 280-124 and the Building the code required bulkhead setback of P- 53095 Main Road(MaiEng/USPS) Inspector's June 19,2015 Notice of Disap- 75 feet,4) proposed accessory m-ground proval for a building pernut to construction P.O.Box 1179 P of a wmery/tasting room,at.l)winery locat- Southold,NY 11971-0959 proval based on an application for build- swimming pool located in other than the ed on a parcel less than the code required inry permit to construct a deck addition to code required rear yard or front yard for P12398-1T 8/27 o P murimum of at least 10 acres devoted to existing single family dwelling,at;1) less waterfront property,located at:2195 Nas- vineyard or other agricultural purposes, ' than the code required rear yard setback sau Point Road (adj.to Hog Neck Bay) located at: 15975 County Route 48 (aka of 35 feet,2)more than the maximum code Cutchogue,NY.SCIM#1000-104-13.4 Middle Road)and 7490 Alvah's Lane Cu- allowable lot coverage of 20%, located 11:20 A.M.-430 WSD,LLC.#6877.- tchogue,NY.SCIM#1000-101-1-14.6&14.4 at-1110 Gillette Drive,East Marion,NY. Request for Variances from Article XXIII 2:00 P.M. - SUSAN CACCHIOLI SC M#1000-38-2-12 Section 280-124, Article XXU Section #6851 - Request for Variances from Ar- 10:15 A.M.-STEVEN and ANDREA 280-116B,and Article III Section 280-15 title=Section 280-124 and the Build- KOLYER#(M0-(Re-opened by Board and the Building Inspector's June 19,2015 ing Inspector's June 12, 2015 Notice of Resolution due to error in Notice of Dis- amended June 22,2015 Notice of DisaP- Disapproval based on an application for approval) Request for Variances under proval based on an application for building building permit for second story addition/ Article III Code Section 280-14 and the permit to construct a porch addition to an alterations to existing single family dwell- Building Inspector's March 9,2015,Re- ` vised July 20,2015 Notice of Disapproval under construction single family:dwell-; ing and legahze`as built'deck addition and for a building permit for a subdivision,at: -ing and an accessory in-ground swimming: `as built'accessory deck,at;l)addition and Proposed Lot 1-(lot 10)-1)less than the Pool,at;1)more than the code permitted `as built'deck addition less than the code code required minimum lot size of 80,000 maximum lot coverage of 20%,2) pro- required minimum side yard setback of sq.ft,2)less than the code required mum- posed porch and accessory swimming pool; 10 feet,2)addition and`as built'deck ad- mum lot width of 175 feet, Proposed Lot at less than the code required bulkhead= dition.less than,the code required total 2-(lot 9)-1)less than the code required setback of 75 feet,3)proposed accessory' side yard setbacks of 25 feet,3)`as built' minimum lot size of 80,000 sq:ft.,2)less n-ground swimming pool located in other accessory deck less than the code required than the code required minimum lot depth than the code required rear yard or front minimum side yard setback of 5 feet,lo- of 250 feet,located at:4075 Paradise Point Yard for waterfront property,located at: cated at:1040 Holbrook Lane(adj.to West Road(adj to a boat basin)Southold,NY. ' 430 West Shore Drive (adj. to Southold Branch of Mattituck Creek) Mattituck, SLIM#1000-81-1-10.1 Bay)Southold,NY.SCTM#1000-80-5-2.1 NY.SCTM#1000-113-6-13 Z0,,_,I,,1G 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 ligp-//southtown.northfork.net August 10, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, September 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 August 17th: 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 August 24th: 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 August 26th : 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 September 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 i+IuTIt, E t� F HEARIi4k;i "he following application will be heard by the Southold Town Board of Appeals at Town Nall, 53095 Main Road , Southold: NAME : SANNINO , ANTHONY # 6882 4CTM # : 1000- 101 - 1 - 14 . 4 14 . 6 VARIANCE : PROPERTY SIZE REQUEST: WINERY TA TIN ROOM DATE : THURS . , SEPT . 3 , 2015 1 : 30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ((� SOUTHOLD,NEW YORK A- 1 , 1 X)0 AFFIDAVIT OF In the Matter of the Application of MAILINGS br) K) no (Name of Applicants) I SCTM Parcel# 1000- L o ( I -�- `1 COUNTY OF SUFFOLK STATE OF NEW YORK, L� I, S G Saonin6 residing at I C I O � New York, being duly sworn, deposes and says that: 0if q 5 On the P day of 2015,I personally mailed at the United States Post Office inC%�� r(a ,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 ( ) 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 appy is prope (Signature) Sworn to before me this a6-+tday of AU'C us+ > 2015 TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK O'Notary Publi NO.01 DW6306900 QUALIFIED IN SUFFOLK COUNTY WIVIMISS1ON EXPIRES JUNE 30,22/-!@ g 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. • Iti Ln /. ® . /, s O Lf) Ln I-qCUTCFlt1i E=!V X M `"� •s1 `- • ; ! HUNTIt�G�TON;iI11 174'1 .�, i; `" _ _ t=�i f�. Postage $ 13.4�J1 Postage $' 0971 Certified Fe4" � 0971 i Certified Fee 77 ' a� -77 Postmark p Return Receipt Feej • 'Postmark O Return Receipt Fee ® . 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Cdy,State,ZIP+4 - k o A Ln u FIUSHT@ �11358 (� Postage $ X , 71 Certified Fee C3 Return Receipt Fee i77 P stm rk O (Endorsement Requred) Q' C3 Restricted Delivery Fee (Endorsement Required) C3 8/17/2015 rU Total Postage&Fees Sent To 96 �( � -�-G ------- � a�� -- ------ 0 Street,Apt.No.; N or PO Box No.------------------ i City,State,ZIP+4 y 1 — i O • • • DELIVERY • ® Complete items 1,2,and 3. A. signature K Print your name and address on the reverse X 0 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B eived by(9 nted ame) C. D e of D liv or on the front if space permits. Z a' 6 ) 1. Article Addressed to: D. Is delive ddress different from Item 17 Yes �� w If YES,enter delivery address below. 0 No dna rSna ') n 3. II f IIIIII illi III I� I I II IIII II II�Ifll I I I III!II Service tMail riiSignature Registered El Adult Restricted Delivery ❑Registered Ml Restricted 9590 9403 0355 5163 4353 11 D Certified Mail® Delivery Certified Mail Restricted Delivery ❑Retum Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery 1:1 Signature Confirmation" 2. Article Number(Transfer from service label) — sures Mail ❑Signature Confirmation 7 014 1200 0001 6746 1451 sued Mail Restricted Delivery Restncted Delivery _ver$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt 1 ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. Addressee N ■ Attach this card to the back of the mailpiece, 9• Received by(Printed Name) Cd. Date of D livery n fl or on the front if space permits. Y� Pte. - V�)S 1. Article Addressed to: D. Is delivery address different from iteOallq, ey,y If YES,enter delivery address elow:r_ ­ ell ce �Nos al o ��s Lin- C& 3. Service steSe Registered I IN 1111111111111111111 ❑Adult Signature Restricted Delivery E3 Registeredd MailRestricted 9590 9403 0355 5163 4353 42 Certified Mail@ eWery [3Certified Mail Restricted Delivery ❑Return Receipt for • ❑Collect on Delivery Merchandise, 2. Article Number(Transfer from service/abed_ -- __ ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTl, 7 Insured Mail 13 Signature Confirmation r_ ?014 1200 0001 6 7 4 6 1505 ❑Insured Mad Restricted Delivery Restricted Delivery __ 1 (over$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETETHIS . . SENDERS COMPLETE THIS SjE6A6�N,� ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse [3 Agent so that we can return the card to you.U. B. Recei ed by(Pnnte NamCr. Date of elivery ■ Attach this card to the back of the mailpiece, _ I, ,, or on the front if space permits. 1. Article Addressed to: (� D. Is delivery address different om' it?o C'Jv' If YES,enter delivery address ei �. l III�III'I l'll I'I I l�I IIII III Il ViII I Il I Il Ill 3. Service Type ❑Pr of n ai Express® ❑Adult Signature ❑Registered MafITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 353 66 ertified MailO Delivery 9590 9403 0355 5163 4 ❑Certified Mail Restricted Delivery [I Return Receipt for ❑Collect on DeliveryMerchandise ElCollect on Delivery Restricted Delivery ElSignature ConfirmatienTM ❑Insured Mail , 13Signature Confirmation 014 1200 ; 0 0 01 i 6,7 4,6 i F15 2 9 i f 1 11 Insured Mail Re'stdcted Dellvery i i Restricted Delivery - , (over$500) Ps Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER- 60MP�E`T&THIS S'tCTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A ignature 11 -■ Print your name and address on the reverse ❑Agent so that we can return the card to you. 0111 ❑Addressee ■ Attach this card to the back of the mailpiece, °t'r Recei ed i d N e) C. Date of Delivery or on the front if space permits. -� 1. Article Address to: Is�Ji ry address d e ent f item 17 El Yes Luc f, ,enter dehvery�dyes below: ❑No 1l1 ' ® ka i 65 2_u s6 l l f (G II I!!illi Illi Ill I I I I I II IIII II I II 111111 l Il I I Illis o El Priority Mail Express® ❑Adult gna ure ❑Registered MafITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9403 0355 5163 4353 80 Certified Mad@ Delivery ' ❑Certified Mall Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ------ _AMA.ray imhar!Transfer from service labeq_ ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation TM ' Insured Mad ❑Signature Confirmation ?014 1200 0 0 016 7 4 6 15 5 0 nsured Mad Restricted Delivery Restricted Delivery over$500) PR Form-28'L•—Anril2015_PSN_7530-02=000-9053 Domestic Return Receipt • I 96NDER.- COMPLETE THIS SECTION, &OMPLETE THIS SECTIONON ■ Complete items�l,.2,and 3. A. Si nature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, B. a by(Printed Name) C ate of Delivery or on the front if space permits. C`��� 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: ❑Noden H, �h ; C� 3. Service Type i IIIIIIIII IIII VIII III II IIII III II IIII III 111 I III ❑Adult Signature ❑Registered Mail Express@ ❑Registered MafITM ❑Adult Signature Restricted Delivery ❑Registered Mall Restricted 9590 9403 0355 5163 4354 03 ertified Mad@ Delivery ❑Certified Mail Restricted Delivery 11 Return Receipt for ❑Collect on Delivery Merchandise 2. Artiel-fvi-mher?ransferfrom servicelabel) ❑Collect on Delivery Restricted Delivery 11 Signature ConfirmationTM n In!u d Maij ❑Signature Confirmation 7 014 1200 0 0 p 1. 6 7 4 6 ,ed Delivery, Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt I • ,COMPLETE THIS ■ Complete item. ,2,and 3. _. -_ A. Signet our name and address on the reverse g ■ Print Y X ddressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Rec d b (PidnW Name) C. Date of Deli e or on the front if space permits. �y 1. Articc��Addressed to: D. Is delivery dress different from ite 1? 11:31 Yes a ,/ I ,�/�j t r� If YES,enter delivery address below: [3 No SVr/ Poo V 11 iD I I II III II II I II I III 3. Service Type ❑( Priority Mail Expresso Ii I IIIIII IIII III II l I I II IIIII [3 Adult Signature ❑Registered MailTTM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted f3t':t;rtified Mail@ Delivery 9590 9403 0355 5163 4352 81 ❑Certified Mail Restricted Delivery ❑Return Receiptfor ❑Collect on Delivery Merchandise El Collect on Delivery Restricted Delivery ❑Signature ConflrmationTm 2. Ari_ c___le Number(Transfer from_service_Ia6e11 nsun d Mad i i s ;O Signature confirmation !;} lover g 9®Qin 1 1 6 7 4`6 f 14 8 2 i i t o I Asured Mail Restricted Delivery7 Q 14 r1`2 bb + i t i Restricted Delivery — $500) PS Form 38i 1;'April 2015iPSN,7530-02-000-9053 Domestic Return Receipt ; f COMPLETE TION SENDER: CdMPLETE THI§.SEC, '0 at -,, ■ Complete items 1,2,and 3. Signure,, ;; Y ❑A�ent ■ Print your name and address on the reverse rw �� ee 1 so that we can return the car4,to you. B. Received by Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, Al) 9 2015 or on the front if space permits. yo 1? ❑Yes 1. Article Addressed to: D. Is delivery eddres If YES,enter d res ❑No CP aLd , ' V) f IIIIIIII IIII IIIII III Il IIII III Ii IIIIIII IIII II 3. Service Type ❑Priority Mad Expresso ❑Adult Signature E3 Reg istered MailTM ❑Acjalt Signature Restricted Delivery ❑Registered Mail Restricted rhfied Mall@ Delivery 9590 9403 0355 5163 4353 97 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise i ❑Collect on Delivery Restricted Delivery, ❑Signature Confirmation'r �2. Article Number(Transfer from service label) _ ireil Mad ; '�'�t' ; i j! t''a, l i,�sgnature Confirmation :: -- Restricted Delivery 7 014' 1200 '11001` 617 4 6 1,5 6 7 '$50ojil Resthcfed Delivery -- Domestic Return Receipt PS.Form 381;1,.April 2015•PSN 7530=02-000-905COMPLETETkISSEbTI3 . . SENDER' COON j ■ Complete items 1,2,and 3. A S' nature `� ❑Agent f i ■ Print your name and address on the reverse ---� ❑Addressee so that we can return the card to you. B. Received by(Prngter(Name) C. to of elivery } 1 ■ Attach this card to the back of the mailpiece, Cwt, ® I1 I or on the front if space permits. i 1. Article Addressed to: D. Is delivery address different from item 1? E3 Ye If YES,enter delivery address below: [3 No ISO var� CRHI E i Ll ( II I IIIIII IIII III I I I III IIII Ii I II IIIII II IIII III Service Priority eeail rigRegistered Adult Restricted Delivery [3 Registered Ml Restricted er ified Malo Delivery l 9590 9403 045.5 5163 4353 28 ❑Certified Mail Restricted Delivery [IReturn Receipt for Merchandise I ❑Collect on Delivery [3 Signature Confirmation*'" ❑Collect on Delivery Restricted Delivery service lab eD ❑Signature Confirmation — •,, e : - . ;i , Insured Mash r q S ! Restncted Delivery j "7014 1?0 0 0 Q b 1r 61T. ,114'4 4: i+ i r Insured MailiRestricted Delivery i i (, _ _ n,�• • insured $500) Domestic Return Receipt + PS,Form 381 i1,Apri12016 FSN 7530-02=1000;9053 I , . DELIVERY • • COM Sig u r i ■ Complete items 1,2,and 3. gent j ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. Received by( rated Name) a elivery ■ Attach this card to the back of the mailpiece, { or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No 30 I V� 3. Service Type ❑Priority Mail Expresso II I Illill fill lIi I II HEIII II IIIII III III III Adult Sinature E3 Registered MailTm Sig nature Restricted Delivery ❑Registered Mail Restricted' rtifled Mail@ Delivery 9590 9403 0355 5163 4353 59 ❑Certified Mail Restricted Delivery ❑Return Receipt ecei t for ❑Collect on Delivery ❑Signature ConfirmationTil 2. Article Number_(&arlsfer_frnmsaw:�e ^w^^---- ise p Insured Mallct on - Restricted Delivery ❑Signature Confirmation 1512 Restricted Delivery i }i's i I �Insured Mall Restricted Delivery �(i; ;Q14 12t1C1 00'011:674,6 i — (over$50o) PS Fofm'3$11;April 2015 PSN 7530-02'000-9053 Domestic Return Receipt TOWN OF SOUTHOLD 3,9 ZONING BOARD OF APPEALS s4AJ �J oJo SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING LI' SQ (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as � a SCTM Parcel#1000- l () l— �" . —9 COUNTY OF SUFFOLK) l STATE OF NEW YORK) I, L S"I Sqnn(Y1 residing at —7 l® I V(J hS New York,being duly sworn, depose and say that: On the 2.1U day of Q ,201 (5I personally placed the Town's Official Poster, with the date of heWring 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 rd date of the subject hearing date, which hearing date was shown to be o �c (Signature) Sworn to before me this oW61)ay of Au9u5+ , 2015 TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 otary Public)U QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,2018 * near the entrance or driveway entrance of my property, as the area most visible to passerby. Office Location: QF SO(/ly® YMailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 ® o Southold,NY 11971-0959 f�coUNTy,� http://southoldtown.northfork.net D C E n11 BOARD OF APPEALS U TOWN OF SOUTHOLD J U L '32 015 Tel. (631) 765-1809 Fax(631) 765-9064 Southold Town MEMO Planning Board TO: Planning Boars! FROM: Leslie K. Weisman, ZBA Chairperson DATE: July 23, 2015 SUBJECT: Request for Comments ZBA# 6882 SANNINO, Anthony The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX# ZBA# HEARING- CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SURVEY SANNINO, 1000- 6882 September Article III July 21, John Anthony 101-1- 3, 2015 Section 280- 2015 & Metzger 14.4 & 13 (4) (b) July 16, 14.6 2015 Your comments are requested 1 week prior to hearing date. Thank you. Encls. Office Location: QF SO P. Mailing;Address: Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 Southold,NY 11971-0959 �yC4UNT`1,� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 July 23, 2015 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk-County-Administrative Code: 4 - ZBA File # 6882 Owner/Applicant : SANNINO, Anthony Action Requested: Construction of a winery/tasting room, agricultural pad accessory to the winery operation and a barn structure. Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) (X) 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 airperson j By: Encls. BOARD OP 1-`vPPFA1- - — .2U � I I r I oif I I - , 1_J IE'1.L A�. y° �?. Co,�►� iAlt> li ao -0" .__........ k�iry�.�� 204►( a --� - _ _— _ ----- _—_ -�- APPROVED BY.SCALE:�� � DRAWN BY DATE: / REVISED / O 7 - 0 DRAWING NUMBER S1 � c'1 �1 / ° � _ �,« '8 — � ' o" �o.�►�^, ��'c�t 1 SAL �►�� ,�8 — f'�-, RECEIVED 30ARD C)F APPFALS -------------- =---------------- ' I i j I; ;, j }I�jii,j ��; j; j ,;;iii i�;�l;,jl !, fkj Will", 77! L-L _7 ~'� � I ' ' i �o.«�c o`�..�nSH�Arj ! ---------- T- I l i ,O l ' I /a �?G. 1-oa,�.r��.T-�c?a I I �_ L7 APPROVED BY SCALE: RAWN BY DATE: REVISED/ DRAWING NUMBER od 1\ S C.D.H.S REF # R10I06-0010 0 SURVEY OF PROPERTY A T CUTCHOG UE THOLD SD TOWN OF U �� SUFFOLK COUNTY, N.-Y. 1000-101-01-14.4 0 SCALE: P=100 �• � =P ,-'��/ JANUARY 24, 2006 5� Z�� �Po� �o�'' ,-'- �` �9 ;may FEBRUARY 9, 2006 REVISIONS S� �'� / $' RECEIVED APRIL 10, 2006 (CERTIFICATIONS) LOCATION) �l.� OJ JUNE 12, JULY 7, 20066( IP EA EASEMENT 5 G,I op � Go '-�' / �� �S'( JUL 2 S 2015 AUG. 16, 200 (RE ) • ��\`\ c�0�' MARCH 7, 2007 (FINAL) (� GR i i� // 56 O P F BOA R9�` �L JULY 24, 2008 (prop. barn) 101 l V*P 5 G• \, JUNE 30, 2015 !REVISION) AOR G �i %�,�� �• P JULY 21, 2015 .REVISION) CC �l + GilP�� `5 SSV 1 ��\� P�° �G to OF RAIN RUNOFF (BARN) A B G / 26•x38• - 9e8 sq-11. ST 25 27 �G� \ \ 988 x I x 0.17 - 168 cu.f1, 1 35 42 �� � ,i� ` 0 � V� G 168/42.2 = 4 VF PROVIDE DRYWELL 810 x 4'Deep \\ �LA 2, 0 `� � �P or equal `� EXISTING SHED NOT SHOWN HEREON 0 PPOQ IDA ��/ \\ > 200 \\ tJ0* �_GQ l`�EL�'S TO BE RELOCATED '�` Ag' \`\'U. CER TIFIED TO: LISA SANNINO 05 � \ ? \ < � sO�ANTHONY SANNINO COUNCEL ABSTRACT, INC. y V0'( 2a0 � CHICAGO TITLE INSURANCE COMPANY `D��.A o kl PROPOSED SEPTIC SYSTEM \\ a��Po \\ \ ���� 1 �5 (FIVE BEDROOM HOUSE) a0 \ \ yo -o [1] 1,500 GALLON SEPTIC TANK ? \\ \\ to, 0- [2] LEACHING POOLS 8' DIAMETER x 8' DEEP 0 \�o Y -oo \ S � LOT NUMBERS REFER TO "MAP OF MINOR SUBDIVISION 4� � �, \ 6�0; PREPARED FOR GIORA HANOCH AND HAROLD WATTS �� <<� \\sZ�� 1 \> o� Are) FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON O \\�, V /// C�g• FEBRUARY 1, 1991 AS FILE NO. 9059. I am familiar with the STANDARDS FOR APPROVAL J O� \` � /xME AND CONSTRUCTION OF SUBSURFACE SEWAGE �r, DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES \ /// /�/5��' and will abide by the conditions set forth therein and on the �, \ p \ �/ �,o� P�•cl ermit to construct. The location of wells and cesspools shown hereon are from field observations and or from data obtained from others. �ZISs. LIC. NO. 49618 ANY AL7FRA77ON OR A00177ON TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. 1 Z IG1 PCO IC SU0VEYORS, P.C. EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CER77FICATIONS �od \,0 G (631) 765-5020 FAX (631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P.O. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR a5' \ l�J\�� AREA=5.2081 Acres 1230 TRAVELER STREET WHOSE SIGNATURE APPEARS HEREON. ■=MONUMEN T OR 226,864 SO. FT. 06-103 � SOUTHOLD, N. Y. 11971 Elevations are referenced to an assumed datum. •=PIPE ALVAH'S LANE I [[CEJVE "MINOR SUBDIVISION OF EAST COAST PROPERTIES" f30A. D OF APPEALS SUFFOLK COUNTY FILE NO. 9225 NIO/F A.,H. & P. I `� NIOIF A. 8 S. N/O/F M. MALEAS =� PAPA THANASOPOULOS KALAPODIS NIO/6r D. HAGZAN N/O/F D. 8 IS. PISCANO S.. 33'03'20" E. , S0 666.35' S. 33.2470" E. 98.93' S 26.55'00• E 88.07 � ✓ 000000000 000 0 0 0 0 0 0 01 0 0 0 00 © _ R O W OF CEDARS 0. 0 0 0 0 0 © 0 0 0 N _ I N ` PLANTPM 50 0C DW O I j.72' �►'� D e�CH O wmr LOT -3 j j_. ��•► ® O p V I N E Y A R D DI► to I I �a Q P R O P O S E � �� . _ � � DW _ 4O' - 0 fir DW DRAM TRETIC/I 3 !� LL 0 O O 36' \ 0 GRAVEL �1 DK' / 0 �► zr 2 25', :GT'oPpA-]D v ZD A10'1f / �\h ROW OF CEDARS o; 10• SIGN � 2S� o OOD O 00 0 00DO 00f7000p 0000 � O (OD p I N. 33032'30" W. '538.47' N. 28.40'40- W l �� 200.00. FIRST FIRST BAPTIST CHURCH OF CUTCHOGUE LONG ISLAND g LOT 2 PARKING, 2800 SO.FT TOTAL WINERY 8 TASTING ROOM 2800/100 = 28 SPACES NUMBER OF SPACES EXCEEDS MIN REOUIRED APPLICANTS INCLUDES 2 H.C, SPACES SANNINO BELLA VITA VINEYARD EXTERIOR LIGHTING-' CIO ANTHONY SANNINO NO EXTERIOR LIGHTING REOUIRED OR PROVIDED 7490 AL VAH'S LANE CUTCHOGUE, N.Y. RAIN RUNOFF CALCULATIONS SIGN TO BE,,SET NO LESS THAN 15' FROM PAVEMENT WINERY SIGN SHALL NOT BE MORE THEN 24 SO.FT. 2" RAINFALL TOP OF SIGN SHALL BE SET 7' FROM GRADE 3975 SO.FT. x I x 0.17 = 676 CU.FT. SIGN TO BE SET BETWEEN (2) 6"x6" WOOD POST 676142.2 = 16 VF PARKING (PERVIOUS) 27930 SQ.FT, x 0.6 x 0.17 =2840 CU— FT-LOT NUMBERS ARE REFERENCED TO "MAP OF A MINOR 2840142.2 =67 VF SUBDIVISION PREPARED FOR GIORA HANOCH & HAROLD WATTS' SUFFOLK COUNTY FILE NO. 9056 FILED PROVIDE 7 DWS - 8'0 x 12' DEEP FEB. 1, 1991 ZONING DISTRICT., AC PLAN OF PROPERTY 0 NES A T ;.-q-0 . R CUTCHOGUE - � '" TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. .� '� 1000 - 101 - 01 - 14.6 J '"� �., N.Y.S. LIC. N0. 49618 Scale: 1" - 50' - ECONIC RVEYORS, P.C. CONTOUR LINES ARE REFERENCED TO THE July ,162015 :W30 765-5020 FAX—(631) 765-1797 FIVE EASTERN TOWNS TOPOGRAPHIC MAPS -P.O. BOX 9091230, TRAVELER STTREI_ AREA = 3. 7348 ACRES SOUT-HOLf": ,R'.Y, 11971 / 5 -/ 55 J / v 2 / 1000, 100, 100, 4� 1 �� loe / / \ e / -- „y .yC RESIDENCE ■ 2,162 S.F. �t EXT'6 6ARA6E ■ 920 S.F. O/ 6ARA&E FRONT PORCH a 996 S.F. \ / 920 S.F. ANCILLARY ■ 1,142 S.F. `\ 60 6 `3 � ?. TOTAL a 5,000 S.F. \\ \ (� s EXT'6 \ \ •� \ lb j AL N FRONT PORCH00 \ O 996 S.F. \ ANCILLARY \ 1,142 S.F. \ y'A \ \ G GJ\ \ \ \ L � IL \ J` L � 1>1001� o� \�A o<1 100, ' IL cry \ \ti�,� / , � 10, \ / (0 i � J=-CEIVED r \ t , J Vo BOARD OF APPEAL SITE PLAN PLOT PLAN FOR SANN I NO VINEYARD�� �<y�� �• �+lj� '1490 ALYAHS LANE GUTGHO6UE,NY SCALE: Ag NOTED APPROVED BY: DRAWN BY: .J.TURNER ]� DATE: 11-23-15 REVISED BY �5 Robert J. Gruber - ,architect 1�g�1 476 Expressway Drive So. Medford, N.Y. 11763 (631) 654-4949 OF �l-.0� ���� DRAWING NUMBER: I�7 SP—I OF 2 JOB# # 15-0014 BOARD MEMBERS �f S0 Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� y�l 53095 Main Road• P.O.Box 1179 O Southold,NY 11971-0959 Eric Dantes ¢ Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �� ® i0 54375 Main Road(at Youngs Avenue) Kenneth Schneider l�IroUi�T`(,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809• Fax(631) 765-9064 March 21, 2016 Anthony and Lisa Sannino 7490 Alvah's Lane Cutchogue,NY 11935 RE: ZBA Application#6882 Dear Mr. &Mrs. Sannino: Transmitted for your records is a copy of the Board's March 17, 2016 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. You may now apply to the Planning department for the site plan approval process. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions,please call the office. Sincerely, Vicki Toth Encl. Cc: Building Dept., Planning Dept. SEE SEC NO 095 ,a SEE SEC NO 095 LINE MATCH— --- LINEMATCH--------.Z LINE - -- JO •. yQ. e \Cb y�h��(�LJi `� 1R`lP � a a• ry� / A' � °j e` lb �9 l I Ire 7 s b A O O @, ^yti ,�� ,•P I O 90 4Jr lb 83 $a PECONIC LANDTRUS JEFFER50 $ ,5 7A(c) I ! \\ ((CONSERVATIONS EASEMECHURCH'(S �ry\,y \\\ COUNTY OF I , 10 .,� `� e• a, SUFFOLK O -/ 72 \ AAA 21 FS1,1 \ `t 5 7TYIEC\ (TOWN OF SOUTROLD �9 5� DEVELOPMENT RIGHTS) e•' (TOE/NO' DEVECOPD of`9 �js - ( \ 5 Q 102A(c) C 41q 80 a 32 Ma ° i ILS 4_3e to I — ,— r- loI - a -- B q•� lol - I- I(O,"5- LNO FOR PARCEL NO ✓ I® I — (— r G. NO n SEE SEC NO � 108-02-007, VX ------z ----- I j� ��^\\ MATCH 0 /[1�. SEE SEC NO,OB AgeOnc, .-- Lym odnaw — L nn -- PaM1 6arcf lne --P-- awne,Dana One--WN I