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HomeMy WebLinkAbout4237 APPEALS BOARD MEMBERS G~ard P. Goehringer, Chair,-~- Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa RiokAni C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. ~,237 - ROBERT PELLEGRINI. This is a request for an amendment to Special Exception No. ~065 (referred Jar~ua~ 23, 1992) for the processing of grapes grown at the premises and sales, of grape .wine) to convert a portion-of existing building as a cooking facility (kitchen) for private use. Location of property: 23005 Main Road. Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-8.7. WHEREAS, an application was, made on April 27, 199q requesting an amendment under Special Exception No. ~,065; and WHEREAS, after due notice, a public hearing was held on May q, 199~,, at which time ali persons desiring to be heard were heard; WHEREAS, Article Ill, Section 100-31B(13) does not provide for cooking or kitchen facilities within a winery use in conjunction with a vineyard, and specifically limits such use to the processing of grapes grown at the premises and sales of their wine; NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT permission for the installation of a cooking facility (kitchen area) for private use.for and by the employees of the vineyard and winery, as applied, SUBJECT TO THE FOLLOWlNC CONDITIONS: 1. The cooking with sink area be limited to 100 square feet in size, as applied, (similar to the application under Special Exception No. 3769-1988 for Cutchogue,Farms, Ltd.); 2. The kitchen floor area shall not exceed 12 ft. by 20 ft. in size; 3. No commercial chamber-type oven or refrigeration; u,. No more than two compartments in sink; 5. Refrigeration shall be limited to 19 cu. ft. in size rather than a large commercial-type unit; Page ~ - Appl. No. ~,267 Aplication of ROBERT PELLEGRINI Decision Reflde~ed May u,. 199u, 6. Based upon the present-Code of the Town of Southold. only non-profit charitable affairs shall be permRted as provided under Chapter 27; 7. The cooking/kitchen area shall serve employees only. as requested, and not for weddings or simHa~ affairs; 8. One copy of the final plan for the cooking/kitchen are~ to be furnished to the Office of the Board of Appeals for acceptance and approval prior to issuance of a building permit or installation. Vote of the Board: Ayes: Messrs. Doyen. Dinizio. Villa. Wilton and Goehringer. This resolution was duly adopted. Ik GERARD P. GOETtRINGE~ ~ -- CHAIRMAN; BOARD OF APPEALS~ RECEIVED AND FILED BY THE SOUTiIOLD TOV~N Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Geehringer, Chairman Ser~ Doyen, Jr. James Dinizio, Jr. l~bert A. Villa Ri~k,~ C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS~ at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY~ MAY ~ 19~4~ commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4223 CLAUDE SHER. This is a request for a variance under Article XXIII, Section 100-231, based upon the April 7, 1994 Notice 'of Disapproval from'the Building Inspector for a building permit to erect fencing around a proposed tennis-court structure which will exceed the maximum height requirement of the code when located in the front yard. Location of Property: 1480 Old Woods Path, Southoid, NY; County Tax Map Parcel No. 1000-87-1-21. is a request for a variance under Article XXIII, Section 1OO-231, based upon the April 19, 1994 Notice of Disapproval (updated from September 21, 1992) for a permit to construct fence/gate and gate which will exceed four-ft, height requirement when located in front yard. Location of Property: 68755 C.R. 48, Greenport, County Tax Map Parcel No. 1OOO-33-5-14. 7:33 p.m. Appl. No. 4236 - ELEFTHERIOS PAPPAS and OTHERS. This the NY; post Page 2 - Notice of Hearil Southold Town Board of peals Regular Meeting of May 4. 1994 3. 7:35 p.m. Appl. No. 4232 - THOMAS PALMER and JOAN GIBBS. This is a request for a variance under Article ILIA, Section 100-3OA.3, based upon the March 2, 1994 Notice of Disapproval for a lot-line change of two substandard parcels, having insufficient area and width as exist and as p~oposed. Location of Property: 2140 and 2200 Deep Hole Drive, Mattituck, NY; County Tax Map Parcels 1000-123-4-4 and 5. 4. 7:40 p.m. Appl. No. 4235 KlM FALLON and CYNTHIA SUTRYK. This is a request for a variance under Article Ill, Section 1OO-33, based upon the April 4, 1994 Notice of Disapproval for a permit to construct accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel 1000-94-2-5. 5- 7:45 p.m. Appl. No. 4231 - ALEX AND AFRODITE BOUKAS. This is a request for a variance under Article VII, Section 1OO-71B(2) which requires a lot area of 40,000 sq. ft. per Special Exception use category in the Residential-Office Zone District. The subject premises is nonconforming containing 21,051 sq. ft. in area and 97.76 ft. in lot width. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5. 6. 7:45 p.m. Appl. No. 4230SE - ALEX AND AFRODITE BOUKAS. This is a request for a Special Exception under Article VII, Section 100-71B(2) for the proposed conversion of an existing single-family Page 3 - Notice of Hearit~ Southold Town Board of Appeals Regular Meeting of May 4. 1994 dwelling to professional office(s) in this Residential-Office Zone District. Location of Property: 14695 Nain Road, Nattituck, NY; County Tax Nap Parcel No. 10OO-114-8-5. 7- 7:52 p.m. Appl. No. 4217 - THOMAS PULS and DONNA RICCO. (Carryover from March 2, 1994). This is a request for a variance under Article Ill, Section 1OO-33 for permission to locate swimmingpool with fence enclosure in an area other than the required rear yard or required front yard. Location of Property: 1350 Eugene's Road, Cutchogue, NY; County Tax Map Parcel Non 1OOO-97-6-1.2. 8. 7:55 p.m. Appl. No. 4234 - ALEX AND MARION WIPF. This is a request for a variance under Article Ill, Section 1OO-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard setback. This parcel is nonconforming with a lot area of approximately 22,000 sq. ft. and frontage (lot width) of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No. 1OOO-103-13-7. 9. 8:00 p.m. Appl. No. 4238 - JON C. KERBS. This is a request for a variance permit to alter roof line for a height above in a preexisting accessory building with garage (Pre-C.O. No. Z6034 issued 8/1/74); Article based upon the April 18, 1994 Notice of the and ILIA, Disapproval for a 18-foot limitation rental apartment Section 100-30A.4 · Page 4 - Notice of Hearir Southold Town Board of Appeals Regular Meeting of May 4. 1994 (ref. 100-33). Location of Property: known as 590 Riley Avenue), Nattituck, 1000-143-4-10. 440 Riley Avenue (previously NY; County Tax Nap Parcel No. 10. 8:05 p.m. Appl. No. 4226 - THONAS KELLY. last hearings calendar)· (Carryover from 11. 8:10 p.m. Appi. No. 4203 KIN CANPBELL. (Third and Final Hearing). This is a request for a variance under Article based upon the November 30, 1993 Notice of Disapproval for a permit to reconstruct new accessory building, which replaces an accessory building existing prior to September 1993 - and which contained a nonconforming guest cottage use as an accessory to the main residence (see Pre-C.O. #Z5912 Road at East Harbor, 1000-4-4-16. dated 5/35/74). Location of Property: Private Fishers Island, NY; County Tax Map Parcel No. 12. 8:15 p.m. Appl. No. 42035E - ROBERT E. BIDWELL. This is a request for a Special Exception under Article Ill, Section 1OO-31B(13) for approval of winery uses in existing buildng and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, identified 15.4+- Cutchogue, NY, is zoned Agricultural-Conservation, and is on the Suffolk County Tax Naps as 1000-96-4-4.3 containing acres. Page 5 - Notice of Heari~ $outhold Town Board of 3eals Regular Meeting of May 4. 1994 13. 8:25 p.m. Appl. No. 4237 ROBERT PELLIGRINI. This is a request for an amendment to Special Exception No. 4065 (rendered January 23, 1992, for the processing of grapes grown at the premises and sales of grape wine), to convert a portion of existing building as a cooking facility (kitchen) for private use. Location of Property: 23005 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-8.7. 14. 8:35 p.m. Appl. No. 4218 - JOHN STRIPP. (Carryover from last hearing calendar.) Variance for front yard setback of new dwelling. Private Road, Fishers Island. 1OO0-7-2-9. 15. 8:35 p.m. Appl. No. 4220 - JOHN STRIPP. (Carryover from last hearing calendar.) Variance to locate accessory swimmingpool with fence enclosure in the front yard. Private Road, Fishers Island. 1OOO-7-2-9. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: April 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X APR 1 5 1994 eOwN'OF souTHoLD, NEW YoRK APPLICA!ION FOR SPECIAL EXCEPTION $eu~held T~)wn Clerk TO THE ZONING~-ARD ~ APPEALS, SOUTHOLD, NEW YORK: Application No. Dat'e Filed:.'' I (We), SAMUELS & STEELMAN ARCHITECTS of 252~5 MAIN ROAD, (Residence, House No. and Street) CUTCHOGUR~, NEW YORK, 11935 516-734-6405 ,(Hamlet, State, Zip Code, Telephone Numbe~) . hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE III , SECTION ~100-31 ~.SUBSECTIONB (13) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): for a new kitchen to be added to the inter~or of an existing winery facility. Such kitchen shall be for the private, non-profit use.of the owner and his staff, unless otherwise allowed by changes made to the Zoning Code. Ao Statement of 0wnershi.p and Interest. Robert and Joyce Pelle~ni /~s(are) the owner(s) of prOPerty known and referred to as Pellegrini Vineyards, (House No., Street, Hamlet) .Main Road~ ~Cutchoque,, NY identified on the Suffolk County Ta~ Maps as District lO00, Sectioh 109, Block 1 , Lot(s) 8.7 , which is not ~/) on a SUbdivision MaP (Filed , "Map of N~ "Filed Map No. N/A , and has been approved by the Sobthold Tov~n Planning Board on N/A · as a [Minor] [Major] Subdivision). ~he above-described property was acquired by the owner on 04/30/91' ' B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The addition of a kitchen is for the convenience of the owner and his operatio~s; and w~ll not affect the public or neighborhoOd in any Way. C. The property which is the subject of this application is zoned AC and [X ] i.s consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. ~ [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn to before me thisl2thday of April {N6t/ary Publ icT .... ZB2 (rev. 2/6/86) Nmi~Ful~,~leMIk~Yml~ ~OWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION ' ',ti APl{ 21 1994 i U U,L__ i' :~;,i Appl i ca ti~D_J(o. ' Date Filed:' TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), Robert and Joyce Pellegrini of Stillwlmter Ave~J~e . tResidence, ,ouse No. and Street) CUTCHOGU~, NEW YORK, 11935 516-734- 6346 (Ham]et, state, Zip code, $e]ePh6ne Numbe~; hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance'with ~H the ZONING ORDINANCE, ARTICLE III , SECTION 100-31 , SUBSECTIONB.(13) for the below-described property for t~e following uses and purposes (and as shown on the attached plan'drawn to scale): . for a new kitchen to be added to t. he tnter~or of an existing winery facility. Such kitchen shall'be for 'the ~riVate,' n0n-profit use of the owner and his staff, unless otherwise 'allowed by'changes made to the zoning Co.de. . A. Statement of Ownership and Interest. Robert and Joyce Pellegrini /~(are) the owner(s) of property knOwn and referred to as Pelleqrini Vi.neyards, (House No., Street, Hamlet) Main Roadt Cutchoqu.~ NY identified on the Suffolk County TaX Maps as District lO00~ Section 109, BloCk 1 , Lot(s) 8.7 , which is not ~ on a subdivision Map (Filed , "Map of N/~" "Filed Map No. N/A , and has been apPrOVed 'by the Southold Town Planning Board on N/A as a [Minor] [Major] Subdivision). '~ The abov.e-describedpropert]¥ wa~ acquired by the ~wner on 04/30/~1,,. ',.' ~ . B~ The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefo~ in said ordinance and would not be detrimental to property or persons, in the neighborhood for the following reasons: The addition of a kitchen is for the convenience of ~he owner and his operations, and will not affect the public or neighborhood in any way, ., . .. :i C. The property which is the subject of this application is zoned AC and [x ] i.s cmn$t~ten~ with the use(s) described in the Certificate of Occupancy being furnished herewith. ] is not consistent with the Certificate of O?upancy being f~rnished herewith " for tee following reason(s): [ ] is vacant land. ~giiin] ~ COUNTY OF SUFFOLK) '/ ' ' .. STATE OF NEW YORK) s.s~: i " ~ ' "' ~L2thday °f AP 94'~ I ZB2 (rev. 2/6/86) ~WN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~_.~ C) (~..~ VILLAGE DIST. SUB. LOT _ , _, 'h{ *,~tqC~ . /~/~ R~. S~. VL FARM ~, CO~. CB. ~ICS. ~kt. Value ~f~' ~ND IMP. TOTAL DATE R~RKS ¢ooo /&/o¢~ 21,,oo / ~1,[~-' L/, o ~. '~ · " ~*~**'~'~"~*'"~'~ .. ,-. . ' ' ,000 OWNER STREET $OUTHOLD PROPERTY · VILLAGE E S W RECORD SUB. LOT ~ ACR. TYPE OF BUILDING RES. SEAS. VL/~ FARM COMM. CB. MICS. Mkt. Value LAN D IMP. TOTAL DATE RF_MARKS %Tillable Woodland House Plot Total? ' ;"1 FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD STREET VILLAGE , S , ~ W ~PE OF BUILDING ~ES. / ~ S~S. VL FA~ / COMM. CB. ~ISC. ~kt. Value ~ND IMP. TOTAL DATE REMARKS ~/d 7//e/4e ~o~,~d~ ~ AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FARM Acre Value Per Value Acre Tillable 2 Tillable 3 ~ ~.~T W~land Swampland '~ FRONTAGE ON WATER Brushland FRONTAGE ON ROAD BULKH~D Total '~5~ DOCK M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio O! B. COLOR TRIM ~n ~, ~: o =1~'oo J /45 Foundation Basement Ext. Walls Fire Place Type Roof Recreotion Room Dormer Driveway Bath Floors Interior Finish Heat Rooms I st Floor Rooms 2nd Floo~ Dinette LR. DR. BR. FIN. 8.: Occupancy Loads 1995 h Fork Video Shack Ralph Rotten Renee's Fashions Spidt Shop Subway Villiage Cleaners Beachcomber Resaurant Bedell Cellars Bidwell Vineyards Blue Top Inn Boatsmen's Harbor Madna Cutchogue Diner Cutchogue Fire Department Cutchogue Hardware Cutchogue Ubrary Fisherman's Restaurant Glover's Barn Gdsfina Vineyards Inc Hargrave Vineyards Knights of Columbus Me~'o North Fork County Club Oregon Road Recycling Inc. Peconic Bay Vineyards Pellegdni Pugtiese Vineyards Sacred Heart Church Hall Southold Town Recycle Center Trailer Park Village Commons Cameo Gifts & Cards Dolomite Pizza King Kullen Supermarket Peconic Wines and Uquors Tin Hung Harbor Inn Legends New Suffolk Post Office Vacant Lot, New Suffolk Lenz Winery Osprey Dominion Co. Peconic Food Market O¢c Load <49 <49 <49 <49 <49 <49 <49 <49 32 10 <49 <49 39 420 <49 224 175 680 70 124 <49 425 <49 <49 230 32 166 <49 28 <49 <49 <49 <49 <49 <49 55 99 <49 <49 <49 Page 2 of 4 APPE,~LS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD May 16, 1996 Southold Town Hall 53095 Main Road P.O. }3ox 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mr. Robert Pellegrini Pellegrini Winery-Vineyards Main Road Cutehogue, NY 11935 Re: Floor Plan foe (Proposed) Kitchen Within Winery Building Job #9606 prepared by Belmont Free,nan Arch 5/10/96 l)r,ar Mr. Pellegrini: On May 13, 1996, you stopped by our office to indicate that you apr proceeding with an application for a building permit for proposed kitchen wiihin yonr existing Winery Building on the Main Road, Cutchogue. Our secretary pbotocopied the original plan for review and permanent recordkeeping as required by Condition #8 of the Special Exception approved May 4, 1994 under Appl. No. 4267. This kitchen is proposed to be used only by winery employees for private winery uses and events which may be allowed by permit trader Ch. 27 of the Code of the Town of Southold. This information (and floor plan) have been made a permanent part of the file c~mcerning the winery. No other submission through our office will be ~equested. A copy of this letter is being furnished to the Building Department for their update and building permit records. Very truly yours, lk CC: Building Departmenl Plnnning Board (FYI) ZBA Member,q GERARD P. GOEHRINGER APPF_AI~ BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 17. Town Hall, 53095 Main Read P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1994 Mr. Thomas C. Samuels~ R.A. 25235 Main Road Cutchogue, NY 11935 Re: Appl. No. 0,237 - Robert Pellegrini- (Cooking Area) Dear Mr. Samuels: Enclosed please find a copy of the Board's Findings and Determination rendered at our May u,, 1994 Regulae Meeting. Please be sure to return to the Planning Board and the Building Inspector to determlne the need for other permits or agency actions in,this,project and submission of: additional documentation which may be required under their pending reviews. For your convenience, we have furnished the Building Department and the Planning Board Offices with copies of this determination for their.permanent recordkeeping and update, Also, we have transmitted a copy of your file to the Suffolk County Department of. Planning in accordance with the Suffolk County Administrative Code rules and regulations pertaining to projects located within 500 feet of. a County highway. Once we have received their written response, we will.forward a copy to you for your permanent file. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure cc: (With copies of this determination to: } Town Building Inspectors' Office Southold. Planning Board Office Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACT;ON OF THE BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4237 - ROBERT PELLEGRINI. This is a request for an amendment to Special Exception No. 4065 (referred January 23. 1992) for the processing of grapes grown at the premises and sales, of grape wine-) to convert a portion-of existing building as a cooking facility Ikitchen) for private use. Location of property: 23005 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-8.7. WHEREAS. an application was made on April 27, 1994 requesting an amendment under Special Exception No. 4065; and WHEREAS. after due notice, a public hearing was held on May 4, 1994, at which time all persons desiring to be heard were heard; WHEREAS, Article III, Section 100-31B(13) does not provide for cooking or kitchen facilities within a winery use in conjunction with a vineyard, and specifically limits such use. to the processing of grapes grown at the premises and sales of their wine; NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT permission for the installation of a cooking facility (kitchen area} for private use for and by the employees of the vineyard and winery, as applied. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The cooking with sink area- be limited to 100 square feet in size, as applied, (similar to the application under Special Exception No. 3769-1988 for Cutchogue Farms, Ltd.); 2. The kitchen floor area shall not exceed 12 ft. by 20 ft. in size; 3. No commercial chamber-type oven or refrigeration; ~. No more than two compartments in sink; 5. Refrigeration shall be limited to 19 cu. ft. in size rather than a large commercial-type unit; APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOVfN OF SOUTHOLD May 17. 199~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Thomas C. Samuels; R.A. 25235 Main Road Cutchogue, NY 11935 Re: Appl. No. 0,237 - Robert Pellegrini* {Cooking Area} Dear Mr. Samuels: Enclosed please find a copy of the Board's Findings and Determination rendered at our May 4, 1994 Regular Meeting. Please be sure to return to the Planning Board and the Building Inspector to determine.the need for other permits or agency actions in,this,project and submission of additional documentation which may be required under their pending reviews. For your convenience, we have furnished the Building Depar'[ment and the Planning Board Offices with copies of this determination for their permanent recordkeeping and update, Also, we have transmitted a copy of your file to the Suffolk County Department of Planning in accordance with the Suffolk County Administrative Code rules and regulations per~3ining to p~ojects located within 500 feet ora County highway. Once we-have received their written response, we will forward a copy-to you for your permanent file. Very truly yours. GERARD P. GOEHRINGER CHAIRMAN Enclosure cc: (With copies of this determination to: } Town Building Inspectors' Office Southold Planning Board Office Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 15, 1994 Appeal No. 4237SE Project Name: Pellegrini Winery County Tax Map No. 1000- 109-1-8.7 Location of Project: 25235 Main Rd., Cutch0gue, NY Relief Requested/Jurisdiction Before This Board in this Project: Amendment to Special Exception to add new kitchen are8 This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to krticle 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be in~lemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written corm~ents by Four agency to be submitted with the next 20 days. {~} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However. if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George RitchJe Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards T~o_wn_ Hall, 53095 Main Road P;O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Richard G. Ward, Chairman~ Planning Board comments on actions before the Board of Appeals May 4, 1994 Following are the Boards comments on actions before your Board: Appl. No. 4232 - Thomas Palmer and Joan Gibbs The Board has no objections to this lot line change as no new lots will be created. Appl. No. 4231 & 4230SE - Alex and Afrodite Boukas The Board has no objection to this proposed site plan as it is the intention of the code to permit this use in this zone by Special Exception. Appl. No. 4203SE - Robert E. Bidwell The Board is in general agreement with the proposed site plan subject to the applicant's satisfaction of details. Appl. No. 4237 Robert Pelligrini The Board has no objection to the proposed kitchen for private use. An amended floor plan should be submitted to this Board for the record file. Appl. No 4227 - William Gasser Since the security fence will partly obscure the sign irom .......... public view, the Board has no objections to the variance request. The Board recommends that the sign not be lighted. APPEALS BOARD MEMBERS Gerard R Gcehringer, Ch~irm,n Serge Doyen, Jr. James Dinizio, Jr. Robert A. Vill~ ~,-h.,.~l C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 17. 199~ Town Hall, 53095 Mnln Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Thomas C. Samuels; R.A~ 25235 Main Road Cutchocjue. NY 11935 Re: Appl. No. u,237 - Robert Pellegrini- (Cooking Area) Dear Mr. Samuels: Enclosed please find a copy of the Board's Findings and Determination rendered at our May ~t, 199tt Regular Meeting. Please be sure to return to the Planning Board and the Building Inspector to determine the need for other permits or agency actions in.,thisproje~t and submission of additional documentatioa which may be required under their pending reviews. For your convenience, we have furnished the Building Department and the Planning Board Offices with copies of-this determination for their permanent recordkeeping and update, Also, we have transmitted a copy of your file to the Suffolk County Department of, Planning in. accordance with the Suffolk County Administrative Code rules and regulations pertaining to projects located within 500 feet of a County highway. Once we-have received their written response, we will.forward a copy-to you for your permanent file. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure cc: (With copies of this detemination to:) Town Building inspectors' Office Southold,Planning Board Office Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard p. C~ehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1 t971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. ~,237 - ROBERT PELLEGRINI. This is a request for an amendment to Special Exception No. 4065 (referred January 23, 1992) for the processing of grapes grown at the premises and sales of grape wine) to convert a portion-of existing building as a cooking facility (kitchen) for private use, Location of property: 23005 Main Road. Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-8.7. WHEREAS, an application was made on April 27. 1994 requesting an amendment under Special Exception No. 4065; and WHEREAS, after due notice, a public hearing was held on May 4. 1994. at which time all persons desiring to be heard were heard; WHEREAS, Article III, Section 100-31B(13) does not provide for cooking or kitchen facilities within a winery use in conjunction with a vineyard, and specifically limits such use to the processing, of grapes grown at the premises and sales of their wine; NOW, THEREFORE, on motion by Chairman Goehringer. seconded by Member Dinizio, it was RESOLVED, to GRANT permission for the installation of a cooking facility (kitchen area) for private use for and by the emplayees of the vineyard and winery, as applied, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The cooking with sink area, be limited to 100 square feet in size, as applied, (similar to the application under Special Exception No. 3769-1988 for Cutchogue Farms, Ltd. ); 2. The kitchen floor area shall not exceed 12 ft. by 20 ft. in size; 3. No commercial chamber-type oven or refrigeration; 4. No more than two compartments in sink; 5. Refrigeration shall be limited to 19 cu. ft. in size rather than a large commercial-type unit; E~EPARTMENT OF PLANNING ~OUNTY OF SUFFOLK ROBERT J, GAFFNEY BUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES. A.LC.P. DIRECTOR OF PLANNING May 23, 1994 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as ,~ither an approval or a disapproval. Applicant(s) Municipal File Number(s) Bidwell, Robert E. Ricco/Puls, Donna & Thomas Gasser, William Boukas, Alex & Afrodite Boukas, Alex & Afrodite Sher, Claude Pellegrini, Robert 4203 4217 4227 4230 4231 4233 4237 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner H. LEE DENNISON BUILDING · VETERANS ~4EMORIAL HIGHWAY APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Richard C. Wilton Serge Doyen, James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to 3~rticle %-W of the Suffolk County Adntiruistrative Code, The Board of Appeals of the Tow~ of Southold, New York, hereby refers the following to the Suffolk Cx)unty Plam_ning Cum'~ission: __ Variance from the Zoning Code, Article , Section __ Variance from Determination of Southold Town Building Inspector XX Special Exception, Article III , Section 100-31 (B)(13) __ Special Permit Appeal No: 4237 Applicant: Robert Pellegrini Location of Affected Land: 23005 Main Rd., Cutchogue, NY County Tax Map Item No.: 1000-109-1-B.7 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting (referred January 23, 1992) Special Exception No. 4065 for the installation of a cooking facility (kitchen area) for private use for and by the employees of the vineyard and winery Copies of Town file and related documents enclosed for your review. Dated: May /4 , 1994 APPEALS BOARD IVIEMBERS Gerard P. Gcehringer, Chairman Serg~ Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARI) OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4237 - ROBERT PELLEGRINI. This is a request for an amendment to Special Exception No. 4065 (referred January 23, 1992) for the processing of grapes grown at the premises and sales of grape wine) to convert a portion of existing building as a cooking facility (kitchen) for private use, Location of property: 23005 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-8.7. WHEREAS, an application was made on April 27, 1994 requesting an amendment under Special Exception No. 4065; and WHEREAS, after due notice, a public hearing was held on May 4. 1994, at which time all persons desiring to be heard were heard; WHEREAS, Article III, Section 100-31B(13) does not provide for cooking or kitchen facilities within a winery use in conjunction with a vineyard, and specifically limits such use to the processing of grapes grown at the premises and sales of their wine; NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT permission for the installation of a cooking facility (kitchen area) for private use for and by the employees of the vineyard and winery, as applied, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The cooking with sink area be limited to 100 square feet in size, as applied, (similar to the application under Special Exception No. 3769-1988 for Cutchogue,Farms, Ltd.); 2. The kitchen floor area shall not exceed 12 ft. by 20 ft. in size; 3. No commercial chamber-type oven or refrigeration; 4. No more than two compartments in sink; 5. Refrigeration shall be limited to 19 cu. ft. in size rather than a large commercial-type unit; PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD May 4, 194~, (7:30 P.M. Hearings Commenced) P R E S E N T: HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR. Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board ~Page 70 - Hearing Tranl ~t Regular Meeting of May 19~4 Southold Town Board of Appeals (discussions between everyone) MR. CHAIRMAN: Is there anybody else in the audience who would like to either speak for or against this application? Seeing no hands, I'll make a motion closing the hearing reserving decision. All in favor? MEMBERS: Aye. 9:~0 P.M. MR. CHAIRMAN: On behalf of Robert Pellegrini it is Appeal No. ~237. This is a request for an amendment to Special Exception of 4065 rendered January 23, 1992 for the processing of grapes grown at the premises and sales of grape wine. A copy of a survey site plan basically produced by Robert Van Tuyl amended October 21, 1991, and most recently to April 13, 1993, indicating the building as it is completed in its finish form and a site plan by Thomas C. Samuels dated April 15, 1994, indicating the entire area that this rather magnificent building (It is a magnificent building) encompasses and I have a copy of the Suffolk County Tax Map ind~catlng thls and surrounding properties in the area. TOM SAMUELS: ..... Mr. Pellegrini here this evening. At the time the original application for Special Exception was filed and granted by the ZBA we had intended and the Pellegrinis had intended to put a bottling line for bottling of the wine in the area that this ..... . Since that point and since the building was built and operating they've joined the co-op which bottles wine on a, as a flat bed so they didn't need a bottling line so the space was in a sense left over. They've used it 'Page 71 - Hearing Regular Meeting of May 4, 194~ Southold Town Board of Appeals for display and for private affairs and it's function as such without any problem. However, some of their events which are as I said private and that's the big distinction that we're trying to make here. This has nothing to do with public events or for profit events or any of the other initiatives that are currently before the town they feel the need for because they both cook and want to have guests at their winery. They use their winery not only as a commercial venture but also as a personal venue for entertaining. It's just that this is sort of their life out here that they need some facility for cooking and that needs to be specifically as you know granted by the ZBA because it was not part of the original application. In addition to their own guests the property has no kitchen on it as many of the other wineries do. On where there were houses involved on the property there is a kitchen so their staffed and which numbers upwards of 10 people at peak time has no place to prepare even their own meals and since they you know are picking grapes and making wine late into the night there is occasionally need for something. Admittedly the kitchen that we're showing you is, is more than just a little warm up place for the staff but as I said it, it's keeping with the building which is rather more magnificent is what you said, it's big and the Pellegrinis like it that way and want it this to be in character with the structure so that the kitchen that we've shown you is generous. MR. CHAIRMAN: What is the approximate square footage in the kitchen area? MR. SAMUELS: I would say it'§ a probably about 250 square feet. MR. CHAIRMAN: I'll ask one other question but continue. 'Page 73 - Hearing )ipt Regular Meeting of May L~, 19~ Southold Town Board of Appeals MR. PELLEGRINI: Yeah, those are the MEMBER VILLA: OK. You said something about the basement I was led to believe that these didn't exist. MR. SAMUELS: No, those are two handicapped bathrooms. We're taking out the space of two offices which have not proved useful or necessary for the operation in order to accommodate this and as you say its not a commercial kitchen by any stretch. I mean for that the Health Department in the ..... Mr. CHAIRMAN: Anybody have any questions of Mr. Samuels? MR. DINIZIO: Well, I have a question about the events. You can kind of elaborate on that a little bit for me. MR. Samuels: Well for example the opening event before the winery opened last spring was a hospice event they had which was a there was no rent paid I mean they had people come in, they had a caterer come in, they, the caterer served food, it was a benefit for hospice. Since that time, I know I'm going to my secretary's 50th wedding anniversary next week, they're buying the wine from you, right, but that's the only .... . They have as all wineries do non profit events and that's ..... as the ordinance as is written and I think that all of the wineries are wondering about what's been proposed by the ......... but this has nothing to do with that. I mean as far as I'm concerned this is a separate issue. It needs to be seen as a separate issue. MEMBER DINIZIO: Did you just say that there's going to be an event there next week provided that they buy the wine from him? MR. SAMUELS; No, they just,~ they, it's, it's a party that's happening there, their not paying Mr. Pellegrini anything. They, I assume that APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM Town Hall, 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: RE: Chairman. Planning Board Chairman. Board of Appeak~-~.~ April 20, 199a, Inquiry/Amendment - Pellegrini Winery Conversion of Building Area for Private Cooking Services Since the above project has been the subject of a prior conditional site plan approval and as a coordination of the requested changes, please confirm whether or not the Planning Board would, recommend an amended Site Plan for the conversion of a portion of- the existing building as a cooking facility for private services. The change does not appear to affect the number of parking spaces. The premises is owned by Robert Pellegrini and another, and is identified as 1000-109-1-8.7. Attached is a print of the building plan showing the area to be changed. Thank you. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robe~ A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 18. 199o, Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Thomas C. Samuels Samuels and Steelman Architects 25235 Main Road Cutchocjue. NY 11935 Re: Special Exception Amendment - Robert Pelligrini 1000-109-1-8.7 Dear Mr. Samuels.: Our office is in receipt of the above application. In reviewing the forms, we noticed that the owner has not signed the application. Enclosed is a blank Special Exception form for completion and signature by the property owner which is a requirement for a Special Exception application, for return to our office as early as possible~ The public hearing on this application will be advertised for the Board's Regular Meeting to be held. during the evening on Wednesday. May 0,. 1994. A copy of the Notice of. Hearings will be forwarded to you under separate cover shortly prior to advertisement by our .office in the L.I. Traveler- Watchman. Inc. and Times-Review newspapers. It is requested that the property owner attend the hearing for passible questions pertaining to the application. For your convenience and future use. we enclose a set of forms includes the amended, updated instruction sheet and questionnaire pertaining to special exceptions, which Very truly yours. Enclosures Linda Kowalski Clerk. Board of Appeals BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 4, 1994, commencing at the times specified below: 1.7:30 p.m. Appl. No. 4223 - CLAUDE SHER. This is a re- quest for a variance under Ar- ticle XXIII, Section 100-231, based upon the April 7, 1994 Notice of Disapproval from the Building Inspector for a building permit to erect fenc- ing around a proposed tennis- court structure which will ex- ceed the maximum height re- quirement of the code when located in the front yard. Location of Property: 1480 Old Woods Path, Southold, NY; County Tax Map Parcel No. 1000-87-1-21. 2. 7:33 p.m. Appl. No. 4236 - ELEFTHERIOS PAPPAS and OTHERS. This is a re- quest for a variance under Ar- iicle XXIII, Section 100-231, based upon the April 19, 1994 .,Notice of Disapproval (up- ~ated from September 21, !1992) for a permit to construct :fence/gate and gate post which iwill exceed four-ft, height re- 'quirement when located in the front yard. Location of Pro- perty: 68755 C.R. 48, Green- port, NY; County Tax Map Parcel No. 1000-33-5-14. 3.7:35 p.m. Appl. No. 4232 - THOMAS PALMER and JOAN GIBBS. This is a re- quest for a variance under Ar- ticle IIIA, Section 100-30A.3, based upon the March 2, 1994 Notice of Disapproval for a lot-line change of two substan- dard parcels, having insuffi- cient area and width as exist and as proposed. Location of Property: 2140 and 2200 Deep Hole Drive, Mattituck, NY; County Tax Map Parcels 1000-123-4-4 and 5. b7:40 p.m. Appl. No. 4235 - FALLON AND CYN- A SUTRYK. This is a re- quest for a variance under Ar- ticle III, Section 100-33, bas- ed upon the April 4, 1994 Notice of Disapproval for a permit to construct accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mat- tituck, NY; County Tax Map Parcel 1000-94-2-5. 5. 7:45 p.m~ Appl. No. 4231 - ALEX AND AFRODITE BOUKAS. This is a request for a variance under Article VII, Section 100-71B(2) which requires a lot area of 40,000 sq. ft. per Special Exception use category in the Residential-Office Zone District. The subject premises is nonconforming containing 21,051 sq. ft. in area and 97.76 ft. in lot width. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5~ 6. 7:45 p.m. Appl. No. 4230SE - ALEX AND AFRODITE BOUKAS. This is a request for a Special Exception under Article VII, Section 100-71B(2) for the proposed conversion of an existing single-family dwelling to pro- fessional office(s) in this Residential-Office Zone District. Location of Proper- ty: 14695 Main Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-114-8-5. 7.7:52 p.m. Appt. No. 4217 - THOMAS PULS and DON- NA RICCO. (Carryover from March 2, 1994). This is a re- quest for a variance under Ar- I ticle III, Section 100-33 for permission to locate swimm- ing pool with fence enclosure in an area other than the re-: quired rear yard or required~ front yard. Location of Pro- perty: 1350 Eugene's Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-1.2. 8.7:55 p.m. Appl. No. 4234 - ALEX AND MARION WIPE This is a request for a variance under Article III, Section 100-33C for permis~ sion to locate an accessory garage with a frontyard set- back at less than the required 40 ft. front yard setback. This parcel is nonconforming with a lot area of approximatel¥~I 22,000 sq. 'ft: ilkfrontage (lot Width) of II,Location of Prop~ty: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel NO. 1000-103-13-7. 9. 8:00 p.m. Appl. No. 4238 - JON C. KERBS. This is a re- quest for a variance based upon the April 18, 1994 Notice of Disapproval for a permit to alter roof line for a height above the 18-foot limitation in a preexisting accessory building with garage and ren- tal apartment (Pre-C.O. No~§~ Z6034 issued 8/1/74); Article II1A, Section 100-30A.4 (ref. 100-33). Location of Property: 440 Riley Avenue (previously known as 590 Riley Avenue). Mattituck, NY; County Tax Map Parcel No. 1000-143-4-10. 10. 8:05 p.m. Appl. No. 4226 - THOMAS KELLY. (Car- ryover from last hearings calendar). 11. 8:10 p.m. Appl. No. 4203 - KlM CAMPBELL. (Third and Final Hearing). This is a request for a variance under Article based upon the November 30, 1993 Notice of Disapproval for a permit to reconstruct new accesory building, which replaces an ac- cessory building existing prior to September 1993 - and which contained a nonconforming guest cottage use as an ac- cessory to the main residence (see Pre-C.O. No. Z5912 dated 5/15/74). Location of Proper- ty: Private Road at East Har- bor, Fishers Island, NY; Coun- ty Tax Map Parcel No. 1000-4-4-16. 12.8:15 p.m. App'. No. 4203SE - ROBERT E. BIDWELL. This is a request for a Special Exception under Article III, Section 100-31B(13) for ap- proval of winery uses irs ex- isting building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchouge, NY, is zoned Agricultural-Conservation, and is identified on the Suf- folk County Tax Maps as 100-96-4-4.3 containing 15.4-+ acres. 13. 8:25 ,p.m. Appl. No. 4237 - ROBERT PELLIGRINI. This is a request for an amendment to Specia{ Exgep- tion No. 4065 (rendered January 23, 1992, for the pro- cessing of grapes grown at the premises and sales of grape wine), to convert a portion of existing building as a cooking facility (kitchen) for private use. Location of Property: 23005 Main Road, Cutchouge, NY; County Tax Map Parcel No. 1000-109-1-8.7. 14. 8:35 p.m. Appl. No. 4218 - JOHN STRIPP. (Carryover from last hearing calendar.) Variance for front yard set- back of new dwelling. Private Road, Fishers Island. 1000-7-2-9. 15. 8:35 p.m. AppL No. 4220 - JOHN STR1PP. (Carryover from last hearing calendar.) Variance to locate accessory swimming pool with fence enclosure in the front yard. Private Road, Fishers Island. 1000-7-2-9. The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters. Written comments may also be SUb- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more informa- tion, please do not hesitate to calI 765-1809 or visit our office. Dated: April 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN -~'.~Z 'By Linde Kowalski 1X4/21/94(80) NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Seclion 267 of the Town Law and the Code of Ihe Town of Soulhold. Ihal ~he following public hearings v, ill be held by the SOUTHOLD TOWN BOARD OF APPEALS, at Ih; Soulhold Town Hall, 53095 Main Road, Soulhold, New York 11971, on WEDNESDAY, MAY 4, 1994, commencing at the times specified b~low: I. 7:30p.m Appl, No. 4223- CLAUDE SHER. This is a request for a variance under Arliclc XXll[, Section 100-231. based upon the April 7. 1994 Nolicc of Disapproval from the Building Inspoclor for a building pennri to erect fencing around a pro- posed lennis-courl Mracture which will exceed the maxmmm height require- STATE OF NEW YORK) ) SS: I~OUNTY OF SIO~'~'OLK) ~~' ~ of Mattituck, in said County, being duly sworn, says that he/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 regular- ly published in said Newspaper once each week for I weeks successively, commencing on ffhe ~1 day of~fl'l 19/~. RICCO. (Canryover from March 2, building and proposed building· The JOHN STRIPP. (Can'yovcr from last 1994). This is a request for a variance under Article Ill. Section 100-33 for permission to locate swimmingpool with fence enclosure in an area other than Ihe required rear yard or required front yard. Location of Property: 1350 Eugene's Road, Cutcboguc, NY; County Tax Map Parcel No. 1000-97- 8. 7:55 p.m. AppL' No. 4234 -- ALEX and MARION WIPF. This is ltl, Section 100-33C for permission 1o site plan shows ~hat Ihe property is sit- unfed along Ihe south side of C.R. 48, Cutchogue, NY, is zoned Agricultural ConserVation, and is iden0fied on the SuffolkCounty Tax Maps as 1000-96- 4-4_1 COntaining 15.4± acres. ~13. 8:25 p.m. AppL No. 4237 -- ROBERT PELLIGRINL This is a request for an amendment to Special Exception No. 4065 (rendered January 23. 199~., for ~hc processing of grapes grown at thc prcmlses and sales of grape Kine). to converl a poi~ion of Road, Fisher'Island. 1000-%2-9. The Board of Appeals will at said lng, Each hearing will not stall before thc limes designated above. If you , GIBBS. This is a request for a vari- frontyard setback at less Ihan lhe anco under Atlicle IliA, Section 100- required 40 ft. front yard setback. This 30A.3~ based upon Ibc March 2. 1994 parcel is nonconforming wilh a lot Notice of Disapproval for a lot-linc change of two substandard parcels, having insufficicnl area and widlh aa exist and as proposed. Location of Property: 2~40 and 2200 Deep Hole Drive, Mattiluck. NY; County Tax Map Parcels 1000-123-4.4 and 5. 4, 7:40 p.m. Appl. No, 4235 -- KlM FALLON and CYNTHIA SUTRYK. This is a request for a vari- ar~a of approximately 22,000 sq. fl. and frontage (lot width) of 118 ft. Locadon of Propony: 940 Wesl Creek Avenue, Culcbogue, NY; County Tax Map Parcel No. 1000-103-13.7. 9, 8:00 p,m. Apph No. 4238 -- JON C. KERBS. This is a request for a variance based upon the April 18, 1994 Nodce of Disapproval for a per- mit to alter roof line for a height above anco under Ainiclc Ill. Seclion 100-33, thc 18-foot limiladon in a preexisting based upon Ihe April 4 1994 Nolice ~f accessory building wilh garage and Disapproval for a permit to construct i't/ntal apann tnt (Pre C 0 ~ -~n~ ~ Soundview Avenue, Mattituck, NY; ~: ~0 Ri~y Avenue (previous. Coumy Tax Map Parcel 1000-94-2-5. 5. 7:45 p.m. Appl. No. 4231 -- ALEX and AFRODITE BOUKAS. Article VII. Section 100-TIB(2) which Residential-Office Zone Disl~cL The 97.76 ft. in lot width. Location of Property: 14695 Main Road. Matdluck, NY; County Tax Map 6. 7:45 p.m, Appl. No. 4230SE -- lion under Article VIL Seclion I00- 71B(2) for Ibc proposed conversion of an cxisling sing]e-family dwelling lo professional office(si in this Rest- ly known as 590 Riley Avenue), Maltiluck, NY; Counly Tax Map Parcel No. 1000-143-4.10. 10. 8:05 p.m. AppL No. 4226 -- THOMAS KELLY. (Carryover from I~l hearings calendar). KlM CAMPBELL. (Third and Final Hearing). This is a rcquesl for a vari- ance under Article based upon the Ngvcmbcr 30, 1993 Notice of Disap- proval for a permit to reconstrucl new accessory building, which replaces an accessory building existing prior lo Seplember 1993 -- and which con- rained a nonconforming gues[ cottage use as an accessory ~o Ihe main resi- dence (see Pre-C.O. #Z5912 dated 5/15/74). Localion of Property: Private Road al Easl Harbor. Fishers Island. NY; County Tax Map Parcel No. of Property: 14695 Main Road. 12.8:15 p.m. AppI. No. 4203SE__ M: imck. NY; Coumy Tax Map ROBERT E BIDWELL T P 0~01 4 · · hs sa -8-5. reques for a Special Eaccption under pi No. 4217 -- Article IH, Seclion 100-31B(13l for d DONNA approval of winery u~es in exisdng ( ~lche~ for private usc. Location of Property: 23005 Main Road; Cutehogue. NY: County Tax Map Parcel NO. 1000- [09-1.8.7. 14. 8:35 pm. AppL No. 4218 -- JOHN ~Sl'RIPp. (Carryover from lasl hearing talendar.) Variance for front yard selback of new dwelling. Private Road, Fishers Island. 1000-7-2-9. 15. 8:35 pm. Appl. No. 4220 -- not hesitate Io call 765-1809 or visit BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL~ '~. ~ "GERARD p. GOEHR NGER ' ~ :~ CHAIRMAN _7915-1TA2l ~:.~ APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 19. 199q Town Hall, 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: RE: Applicants Public Hearings - May q. 199~, Dear Sir or Madam: We are in receipt of your recent application under the Southold Town Zoning Ordinance and: have,forwarded notice for publication this,week to the local and official newspapers of the Town. to wit: Long Island Traveler and Suffolk Times. Copies of your file have been distributed to the Board Members for additional review and individual on-site, inspection, expected within the next 10 to lq days. If you have not already, staked the proposed new construction, we ask that you please do so immediately, It is requested that one,of the property owners, or if the property owner is not available, then someone fully familiar with the property, appear at the public, hearing at the time specified in the attached Legal Notice. If your presentation will be lengthy, a draft or final, written copy is always appreciated. You should feel free to submit, additional- documentation to support this application at. anytime before, or during, the public.hearing. If you have any questions, please cell our office. Yours very truly. Linda Kowalski Clerk. Board of Appeals Enclosure Mailing List for 5/4/9Lt Hearings Notice: Claude A. Sher ~,3 Ridge Road Searington, NY 11507 Rudolph H. Bruer, Esq. Main Road Southold. NY 11971-Iq66 Mr. Thomas A. Palmer P.O. Box 218 Cutchogue, NY 11935 Kim Fallon 55 Harbor View Avenue Mattituck, NY 11952 Mr. Jon C. Kerbs ~J~O Riley Avenue Mattituck. NY 11952 Mr. Frank Cichanowicz Briarcliff Landscape P.O. Box 222 Peconic. NY 11958 Samuels ~, Steelman Architects 25235 Main Road Cutchogue~ NY 11935 Stephen L. Ham III. Esq. ~5 Hampton Road Southampton. NY 11968 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11957 Mr. and Mrs. Alex Wipf 940 West Creek Avenue Cutchogue, NY 11935 Mr. John Thatcher F.I. Nature Conservancy P.O. Box 132 Green Village, NJ 07935 Robert T. Bayley, AIA 150 LAKEVIEW Terrace East Marion, NY 11939-0595 Delivered to NEWSPAPERS 4/19/94 Copies of all files in board boxes and to Chairman 4/19/94. Copy of legal notice to: Town Clerk (for coord.) Building Dept. Posted on Town Clerk Bulletin Board on 4/19/94. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wi]ton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 31. 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Thomas C. Samuels Samuels* & Steelman 25235 Main Road Cutchogue, NY 11935 Re: Your Letter - Proposed Conversion of Room(s} for Kitchen Dear Mr. Samuels: We are in receipt of your letter requesting a review of the construction sketch last revised 2/11/93 proposed for Peltegrini Vineyards. After comparing the newly proposed plan with the plan approved by the Board of Appeals.- {last revised 10/30/91). we are requesting that a Special Exception application be filed in order that a full review may be made of the changes proposed to add kitchen areas. The 10/30/91 plans *do not show any proposed kitchen area. Also. as requested by.you, we have examined the plan on file with our department-for Gristina (Cutchogue-Farms Ltd.} and find that the kitchen area was fully considered and processed under that Special Exception d~termination of October 26. 1988. Please be sure to file the application, for the amendment{s} on or before. April 12. 1990` in order to meet the advertising deadline for our May 4. 199o. public hearings~ calendar. Very. trUl~-'-~s, i/'~-) GERARD P. GOEHRINGE~ CHAIRMAN. APPEALS BOARD S S A M U E L T E E L M S & A N March 16, 1994 Mr. Gerald Goehringer, Chairman Zoning Board of Appeals Town Hall Southold, NY 11971 Dear Mr. Goehringer, Enclosed please find a sketch for the addition of a Kitchen to the Pellegrini Winery, which is located on the Main Road in Cutchogue. This winery received a Special Exception from the ZBA prior to its construction two year ago. As proposed, this kitchen is for the private use of Mr. Pellegrini, his staff and his guests. In the event that the Code is changed to allow greater public uses in wineries, it would be used in a manner consistent with that change. Please review the enclosed sketch and the Special Exception granted Mr. Pellegdni, and issue an interpretation on the acceptability of a Kitchen in this facility. Please consider the precedence of other wineries in the Town which include kitchens (eg: Gristina). In advance, I appreciate your consideration. Sincerely, Thomas C. Samuels cc: Pellegrini ARCHITECTS 25215 MAIN ROAD CUTCHOGUE, NEW YORK [ 1915 t516) 734-640 ~ IZ- 2J "'0" .55 , fF.. .T;...-, ¢ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Din/rio, Jr. Robert A. Villa : Richard C. Wilton Telephone (516) 765-1809 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 15, 1994 SEgRA UNLISTED ACTION DECLARATION Appeal No. 4237SE Project Name: Pellegrini Winery County Tax Map No. 1000- 109-1-8.7 Location of Project: 25235 Main Rd., Cutch0gue, NY Relief Requested/Jurisdiction Before This Board in this Project: Amendment to Special Exception to add new kitchen area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to /[rticle 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur shou]d the project be implemented as planned, and: { } this Board wishes to'assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {~} this Board has taken jurisdiction as Lead Agency, has deemed' this Board of Appeals application'to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any ~ossible adverse affect of this project as filed, and/Or d. This application does not directly relate to new construction or on-site improvements. { .} this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road,.Southold, NY 11971 at (516) 765-1809. · JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk April 15, 1994 ZONING APPEAL APPL. NO. 4237 - ROBERT & JOYCE PELLEGRINI Transmitted herewith is Zoning Appeal Appl. No. 4237 (Special Exception) together with the Zoning Board of Appeals' Questionnaire, the Short Environmental Assessment Form, an authorization letter from Robert Pellegrini dated 4/12/94, a Survey Map of the Building, the Site Plan and the Notices to Adjacent Property Owners. Judith T. Terry Southold Town Clerk Please complete, sign and return to the Office of tile Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on 'four survey (or certified sketch), tion. any proposals to chang~ or alter land contours? 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses dofined by To~n Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 1. Are there to scale, and subn~it other SuDporting documents- 3. Are there existing structures at or below ground level, such as patios, foundations, etc? ~ No 4. Are there any existing or proposed fences, concrete barriers, decks, etc? ~ No If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. ~ No If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. ~t~ NO 7. Are there other premises under your ownership abutting this parcel? If ~es, please submit copy of deed. ~ No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? ~ No State Permit ~ and Nature: Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Degartment Village of Greenport N.Y.S.D.E.C. Other ~ No X~ No X~ No Yes ~m X~ No ~e~ No X~ No 10. Is premises pending a sale or convevance? If yes, please submit copy of names-or pucchasers and conditions of sale. (from cqnt~act) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, }lave · you made application to tile Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? X~ No ~ No ~ No 13. Please list present use or operations conducted upon the subject property at this time Production and sale of wine and proposed same. Please submit photograpus [or the record. I certify that the above statements are true and are being submitted for reliance ~by the Soard o~-~Appeals i~ considering my application. S~gnarure ~x~fxzd~ (~u[aor~zeu ,t~enc) 1/88 ~ : P~BOJECT I.D. NUMBER I ' ':";; ' 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM : . For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR · APPLICANT /SPONSOR 2. PROJECT NAME SAMUELS & STEELMAN ARCHITECTS PELI,EGRINI VINEYARDS 3. PROJECT LOCATION: Municipality CUTCHOGUE Courtly SUFEOLK . PRECISE LOCATION (street address and road intersections, ptom[nen[ landmarks, etc., or provide map) MAIN ROAD, ROUTE 25 5, IS PROPOSED ACTION: [] New [] Exbanslon [] ModRicallonlalleratlon a. DESCRIBE PROJECT BRIEFLY: Ins%all new kitchen for private, non-profit use. 7. AMOUNT OF LAND AFPECTED: Initially --0-- acres Ultimately --0-- acres --0-- 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? IX] Yes [] No If No, describe briefly g. WttAT iS P.ESENr LAND USE IN VICtNITY OF PROJECT? [] Resldentlal [] Industrial [] Commercial [] Agrlcullure [] ParldForestlOpen space [] Other Describe: 10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] Ho If yes, Hat agency(s) and permltlapprova~s Il. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If y,~'J, list agency name and permit/approval 12. AS A RESULT OF PROPOSEO ACTION WILL EXIST,NC PERMITIAPPROVAL R~QUIRE MODIFICATION? [] Yes [] NO ' ''~' I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appllcanllsponsor name: ~_q~homas C. Sam33.~ls C-- Da[e:04/12/94 .L If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 S A M U E L S & S T E E L M A N AUTHORIZATION LETTER I hereby authorize Thomas C. Samuels of Samuels & Steelman Architects to apply to the Town of Southold Board of Appeals and Building Department, and the Suffolk County Department of Health Services on my behalf, for the addition of a Kitchen to my Winery on the Main Road in Cutchogue, New York. o e~ellegrini SE IT RESOLVED that the Southol final approval to Nancy the site d Town Pl ' -, With the follo~V' and dated as re-ygrlnl winery, ~ grants 1. I ~r~ll be issued u~til the applicant Department of 25. Transportation for the CUrb cut on SR. 3RAPE VINES Z DRIVEWI · · I FERMENTaTiON CRUSI- PA 1,,J/F: GRAPE VINES F/roject No: Drawn By: [ Checked By: Date: ScaPe: Sheet Title: 81TE PLAN LAYOUT PLAN Sheet No: 8P-1 GRAVEL PARKING AREA' 551 I I I 0 AREA .... ~, ~ ' BED a~ i' ~-; CASE .._.,,__/ ',~$TOR'A. GE f 2~ ="r, . · ~ GRAVEL ~ ',- DRIVE ' - COVERED HANDICAPPED RAMP · ',-. __ RAMP DOWN' CRUSHING · PAD SUFFOLK COUNTY DEPA,m~;':.~':T .:~F =~£ALTH SEF, VIC~ APPROVED FOR CO ,o ,Uc,,ON ONLY H.S. R[F. NO. c:/~ ~/T,°/~ FLOW ~' lYrE ' /~ '~/~'~'~- ,. This aoproval ~s ~r~nt,< for ()'e eonstrucUon of the ~nita~ .. 7 oI the S,Y:=)~ ,.~u~ ' S.~:l:t~r.' ~cde ~r.~, is n~, an e.,~.~,s.,d s .. ~;. F ~ ~P~r~uvkL EXPiF{ES 17¢0 ¢) YF~RS ,FeB e . ¢,,. -., SIGJA'URE ~ ' ' I -:il} · -oo 0¢ ' roiect No: · Drawn By: Checked By: Date:~ '~/~/,t Scale: I~ · ~o'-~" -~'~'~ Sheet litlo ..... :'~ Sheet No: .- SITE PLAN Presub mission conference (W/thin 50 days of written request) Complete application received (vcithin 4 months of presub, conference) Application reviewed at work session (Within I0 days of receipt) Applicant advised of necessary revisions (within 30 days of review)' Revised sub mission received Lead Agency Coordination SEORA determination REFERRED TO: '-Zoning Board of Appeals (written comments within 60 days of request~ Board of Trustees RECEIVED: , Building Department (certification) .. ,/,% - , suffol Co.nt, Department anning ',Department of Transportation -State _ ~epartment of Transportation- County _ ., Fire Commissioners Sent:_ Draft Covenants and Restrictions Filed Covenants and Restrictions Landscape plan Lighting plan Curb Cut approval Health approval Drainage p/an Reviewed by Engineer Approval of site plan -With conditions Endorsement of site plan Certificate of Occupancy inspection '~- ,/.,/.,. One year review February 5, !992 STATE OF NEW HAUPPAUGB, N.Y Mr. Ural Talgat Samuels & Steel. man Architects 25235 Hain Road Cutchogue, NY 11935 · .~r, Ta!gat: Our Ca~e }~o. 9!-~56 S.C.T.~4. Peiii_g ~]n:i Wi near3 This is ~ Which were submitted to this off'cs for Upon review of the proposed work. .,,e find that acceptable as submitted Prior t~ Permit, you must submi~ the renu~r~ d. (sample enclosed) . tt ~_s al~;o manda iesurance be provided by the [;emuztt ~e. '-: ..... by either submitting a completed Parr . w_u,~ Option A {form e~ · k,-e spec~.fied belcw to be covered un]er {~h: ~.,x,e~,~m- Permit Fee (Payable to "State cf ~',~e~ York"}: Bond ~Iount: $ 0,000 Insurance ?ee: $ 175.00 2 '2 1992 SOUTHOLD TOWN PLANNING BOARD January 27, 1992 Samuels & Steelman, Architects 25235 Main Road Cutchogue, NY 11935 Attention Ural Talgat Gentlemen: Our Case No. 91-256 S.C.T.M. 1000-109-1-8.7 Pelleqrini Winery Route 25, Cutchoque Your December 18, 1991 Submission This is in reference to the site plans for the above noted project which were submitted to this office for review. Prior to the issuance of a New York State Highway Work Permit, the following items must be addressed: 1. Location of your proposed access cannot be accurately located at the site. Kindly reference this location to utility pole numbers or offset dimensions from the nearest side street. The proposed concrete curb installation must be located 8 feet off the solid white edge line on Route 25. This alignment may impact utility poles at the site. Show this curb alignment on your plans. Extend the concrete curb installation along Route 25 to 50 feet (minimum) tangent length on both sides of the proposed access. Provide a separate 20 foot scale intersection drawing of the proposed access. We recommend extending the concrete curb installation on site from the proposed drainage basins to the parking stalls. 05020? .JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Southold Southold, New York 11971 FOR: [] CASH BY: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4065: Application of PELLEGRINI WINERY for a Special Exception to the Zoning Ordinance, Article III, Section 100-31B.13 for permission to establish winery and related uses for the production and sale of wine produced from grapes primarily.grown in the location of this vineyard. Location of Property: North Side of Main Road (State Route 25), Cutchogue, NY; County Tax Map District 1000, Section 109, Block 1, Lot 8.7; bounded on the west by Alec and Cross, north by Jablonski, east by Carnation Properties, south by Main Road. WHEREAS, after due notice, a public hearing was held on December 16, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Special Exception under the provisions of Article III, Section 100-31B.13 for permission to establish the production and retail sales'of wine produced from grapes primarily grown on the subject vineyard, commonly referred to as a winery. 2. Floor plan and site plan maps filed November 14, 1991 for consideration by the Board of Appeals were prepared by Samuels & Steelman, R.A. (lastly dated 10/30/91). 3. The applicants, Robert Pellegrini and Rita J. Pelle- grini, are the owners of this 36 acres (as shown by a deed dated April 30, 1991). This 36-acre tract of land is identified on the Suffolk County Tax Maps as 1000-109-1-8.7 and is located in the .Page2 Appl. No.~ 65 Matter of PELLEGRINI WINERY Decision Rendered January 23, 1992 "A/C" Agricultural-Conservation Zone District with 372.89 ft. (at a tie line) along the north side of the Main Road (State Route 25), Hamlet of Cutchogue. 4. With the exception of a small, one-story gazebo structure, the premises is vacant and has been used agriculturally as a grape vineyard. 5. The following data is noted for the record: (a) proposed building areas as shown on the A-1 Floor Plan revised 10/29/91 for: (1) wine tasting room 28' x 50' plus display area, tasting area and bar, toilet rooms, stair, office mezzanine, and other accessory areas; totaling 1550 sq. ft.; (2) case storage area 33' x 43'; (3) bottling room, empty-case storage, hall, employee lounge and accessory areas, 33' x 56'; (4) fermentation room, mezzanine, vineyard manager area, 33' x 81'; '(5) courtyard, walkway and entry areas, all as shown on the ground level plan; (6) subsequently on January 10, 1992, the agent/architect for the owners furnished a letter giving a breakdown of three major components with square footages. {In making this determination, reliance was made on the documentation in the file as of the date of the closing of the hearing, although the January 10th letter reiterates many of the statements made during the public hearing as well as combined square footages of three components major to the operations}. (b) a Negative SEQRA Declaration dated December 23, 1991 was determined by the Southold Town Planning Board, as lead agency. 6. It is the position of this Board that activities and operations of the winery with a minimum setback of 60 feet plus an additional 20-ft. buffer (for an 80 ft. setback) from the front property line is necessary along this State Highway, for several reasons. To the west of this parcel is a blind curve in the main highway (State Route 25). This highway is a heavily traveled state road and it is known that throughout the years this curve has been prone to accidents (police reports, etc.). It is also personal knowledge of the board that westerly sections mage 3 - Appl. No.~J65 Matter of PELLEGRINI WINERY Decision Rendered January 23, 1992 of this highway have been widened by the N.Y.$. Department of Transportation over the past five or six years, and that turning lanes have been documented. The shoulder areas are not sufficient to handle sudden turning and it is known that turning lanes have become necessary - especially for increased traffic areas resulting from new commercial operations, including public assembly during winery events, during special seasons, classes for the public, or other public assemblies related to the winery operations. (It may become necessary in the event this winery is expanded or its activities increased to address traffic issues and request a Traffic Study under the N.Y.S. Environmental Quality Review Act, for all state, county and town agencies to evaluate.) It is also noted that a setback at not less than 80 feet for all buildings is necessary since the areas accessory to the principal building are located partly in the side yard. An open courtyard and covered walkway areas separate the production area from the accessory storage and tasting buildings. Accessory uses are required to be in the rear yard only, and the rear yard area technically is that area to the north of the production building (where grape vines and gravel drive areas are proposed). Accessory uses and structures are not permitted in the side yard or front yard areas. An additional 20 ft. bu. ffer added to the 60 ft. front yard setback is not unreasonable in light of the size of this parcel (.36 acres) and the effects of the activities conducted as part of the winery use. 7. In considering this application, the Board finds and determines that the conditional grant of this use: (a) will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (b) will not adversely affect the safety, health, welfare, comfort, con- venience or order of the Town; (c) is in harmony with and will promote the general purposes and intent of zoning. 8. The Board has also considered subsections (A) through [F) of Article XXVI, Section 100-263, as well as subparagraphs A through P of Section 100-264 of the Zoning Code in making this determination. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Special Exception in the Matter of Application No. 4065 (PELLEGRINI WINERY), SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the proposed buildings, structures and related winery activities be located a minimum of 80 feet from the southerly (front) property line; Page 4 - Appl. No.~65 -Matter of PELLEGRI~ WINERY Decision Rendered January 23, 1992 2. That the easterly yard area be screened at a height of not less than three feet, from a point approximately 60 feet from the front property line running in a north/south direction a distance of 135 feet (to the end of ramp area), and be continuously maintained; 3. Ail winery activities and operations must be located at least 80 feet from the front property line; 4. That the principal building shall meet the same height requirements as that established in the zoning code for a principal residential structure, to wit: not exceeding 35 feet. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen of Fishers Island was absent due to poor weather conditions). This resolution was duly adopted. GG:lk .GERARD P. GOEHRINGER, CHAIRMAN BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~ecial Ex~ceptio~q~(Spe¢ial Permit) (Other) [circle choice] ). 2. That the property which is.the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: f/ 4. That b~, such Petit!o,n, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~,.,7~-_ Sect/on /~::~--3/ ~ C/,_~') [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners 'Names :~.~ Post Office Address [Copy of sketch or plan showing proposal to be attached for convenience purposes.] P 861 031 898 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) PROOF OF MAILING OF NOTll - ATTACH CERTIFIED MAIL RECEI P 861 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEO NGT FOR INTERNATIONAL MAIL (See Reverse) Sen Pos,age ' ? J s . p &6t 03t 9~ RECEIPT FOR CERTIFIED MAIL NO ~NSURANCE COVERAGE pROVIDED NOT FOR INlERNA1UONAL MAIL (See ~everse) or PS Form 3800, June 1985 SS.: m ~/,~/~',~/' ~- ~;¢~/,-'I'~'/-Y/,~--~ , residing at '=~--~3~-/~ ~C~/' ~~. ~ //73~ , being duly sworn, depos~ and says that on the /~ day of ~// ~ ' ,19 ~ , deponent mailed a true copy of the Notice ~t forth on the re- verse's~de hereof, directed to each of the above-named persons at the addresses set opposite thor respective names; that the addresses set opposite the names of said persons are the addresses of said persoos as shown on the current ass~sment roll of the Town of Southold; that said Notices were mailed at ~0~d'~tes Post Of- .' · · ~ce,at x ~~.~ ~' /~3~ ;that said Notices were mailed to b~f sar~ persons by day ,' t.. ' Notary Public HE~NE O, HORNE Nm~ ~blic, Stare of N~Y~ No. 49513~ Oualifi~ in S~k Cou~ ~mmi~ion ~kes May 22, 19 does not have to be completed on form transmitted to adjoining (This side prope~y owners,) Kitchen ,,nd Related Alterations at PELLEGRINI WINERY Cutcho~ue, New Yor~ ' Jeb# 9~0~ BEI~MONT FREEMAN ARCHITECTS I(10 West 40 Street, N¥(3 ;I 0018 · COOKING FACII.IT~,S.TO-BE ONLY FOR '~qNE. RY EM3=LOYEES, ~TE U~E ~ AND NON;IDEOFiT CIF, ARITA~ILE AFFA~RS,,~S PROVIDED UNDER ,~'~PTER 27 · OF THE_CODEOF THETO~ OF SOUTHOCD. - ~ . ECaJ~n' SCHEDULE ~-'- 1. REFRIGERATOR/FREEZER:' TRAULSEN MODEL RDT'1-26 WUT ii ' '- 2. COOKTOP~- ViKiNG MODEL VGRT380.4Q; GAS., FObR BURNERS ~ND 12. GRiLL . '~: 0 ' ' :,'=- r VENS. VtI(]NGMODEL V6S0168:. GAS, DOUBLE CONVECTION~ERMAL MATCH [DLAN -- <;% Project No: q Drawn By' MS :hecked By, Date' 'q". I ~,,' ~? Sheet Title FLOOR ~ SECTION ,~2 I Sheet ~o~: t ~ ~' MATCH L1N~ -I' i q ~ .............. ,_&_& I I A ~/z/*~- I ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIII~III I ii I ~ ~~ ~ ~-~ l~ ~ ~.-~ -. iii~i ~~-: ~~%~1~ ; [ -" ~ [ ~ ~ ~ /~ ./ : . ' .ill ''~ / ~ -- . ...... , ..... ~ I ~ j ~ ... ., , . ... . , , = . I 3'-0 H -~,"~'~ M~. PIPEdtf / ~, ~7 ~-,- [ ~~ ~ ~tl =_ [ -~ ~ I , _ . f ~ ~1 ~¢ ,~O~ ~t .~ - %~ I' iO~ ~ [ ~ SECT-ION --2 [ ',' ' ' :SheetN~ A--4 ~ ~ ¢ TOILF.T ~ -0Il ® 4 -C ' 4'-0" - ri , i ~II~~~~~I~~~~~~~~I~,~ MATCH LINE t ! IIL,O'~ / V S F:¢~- L"4N = 2 Project NO' Drawn By' Checked By' Sheet Title FIRST FLOOR PLAI~ SECTION ,¢ 1 Sheet No A-3 GRAPE VINES LAWN BUS PARKING &, OVERFLO IIDRIgEwAY ~ ' t ~..= __ ~:- PARKING AREA. : ~' ' '' GRAVEL DRIVE [~.:= . :~--= , RAMP DOWN ~ h ' " ' " SITE PLAN d Date. ~4 Sheet Title SITE PLAN, LAYOUT PLAN Sheet No' SP-1