The URL can be used to link to this page

Home My WebLink About4257fi.c- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD ToWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, DECEMBER 7, 1994~ commencing at the times specified below: 1. 7:35 p.m. Request for permission to Appl. No. 4~84 - THOMAS & ELIZABETH THOMPSON. a Variance under Article III, Section ~00-33 for locate an accessory garage building in the southerly side yard area, rather than the required rear yard, at premises known as 2890 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a substandard parcel in this A-C Ageicultural Conservation Zone District containing approximately 41,585 sq. ft. in total lot area. (Setback from property lines, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals. ) 2. 7:40 p.m. Appl. No. 4286 - JOEL AND MARGARET LAUBER. Request for a Special Exception under Article III, Section 100-31B(13) for permission to establish Winery Use for the sale of ~...v., P'ag'~ 3 - Legal Notie~" Southold Town Board of Appeals Regular Meeting of December 7, 1994 easterly side of Youngs Road, (House #944), Orient, NY; County Tax Map Parcel No. 1000-18-2-14. Subject promises contains a total lot aroa of 21,188 sq. ft. and is located in an R-80 Residential Zone District. 5.~(8:05 p.m. ~)(Reconvened for continuation) Appl. No. 4257 OSPREY DOMINION CO. and FREDERICK KOEHLER~ JR. This is an application roquesting a Speeial Exception for approval of a new winery establishment in two existing farm buildings for the production and sale of wine produced from grapes primarily grown on the Vineyard and Winery Establishment proposed at 44075 l~aln Road (State Route 25), Peconic, NY; County Tax Map Parcel No. 1000-75-1-20. The entire promises contains 50.8 acros located in the Agricultural-Conservation (A-C) Zone District. 6. 8:10 p.m. Appeal No. 4282 - CURT W. MEYHOEFER/JOHN and DOREEN MAZZAFERRO. Request for a Variance under Article III, Section 100-32 for approval of deck, as built, with a setback at less than the required fifteen (15) ft. setback from the northerly side property line, at promises known as 43475 Main Road, Peconic, NY; County Tax Map Parcel No. 1000-75-1-18.1. The Board of Appeals will at said time and place hear any and ali persons or roprosentatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the Pag~e 4 - Legal Notic Southold Town Board of Appeals Regular Meeting of December 7, 1994 above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: November 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X q~Ec~IVED JUL 1994 TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Town Clerk TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: · ' (ResidenceJ House No. (Hamlet, S~ate, [ip Code, Telephone Number] and Street) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~ , SECTION ~-~BI~O~) SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement of Ownership and Interest. property known and' r~ferred to as' ~(are) the owner(s) of (House No., Street, Hamlet) ~ identified on the Suffolk County Tax Maps as District 1000, Section ~q~, Block ~ , Lot(s) ~ , which is not J~k~) on a subdivision Map (Filed , "Map of "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on 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: C. The property which is the subject of this application is zoned [~] 1~ cQnsis%¢nt with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith COUNTY OF SUFFOLK) ' 'x.~) ~ /' / /// Sworn to before me this~'"-~d-ay of 19~. (Notary Public) ~eLENE O. HORNE Nota~ Public, State ~ New York No. 4951364 ZB2 (rev. ~/6/86) Qualified in Su~olkCoun~-~ Commission Expires May 22, 19 and OWN OF SOUTHOLD CARD OWNER ~ ...... STREET VILLAGE DIST. SUB. LOT , .,~ , , · _ TYPE OF BUILDING ~ES. SEAS. VL ¢~AARaD /~0 COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS Io ooo ,.P~)oo I ooo ~.,'~-'b'' 4. ",/"./;'-~ / ~'.~?--o ~ .~./~o1(~,-~ L,/Y~,~~~,~. FARM Acre ,va~ue ret Value " , , " liable 3 , ~ 'oodlond ,ompmand :;' ~ ' ~ ' FRONTAGE ON WATER . ' ~ / oO - ushland ~' ,(:,- / ~ FRONTAGE ON ROAD . ~ ,~,, ,. ~ , ~..., ."~-* ~-' BULKH~D . COLOR TRIM Porch Foundation ~.~.~ ~ Ba~ment ; Ext. Walls .~DD ,~ Fire Place Type Roof Recreation Roorr Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor .inette DR. BR. FIN. B. Breezeway Garage Patio .... Total Dormer Driveway N 0.F SOUTHOLD PROPERTY RECORD CARD . _ ~, J DIST. COUN~ TA ~P NO. t~ TOTAL DATE ~] ~1 REMARKS: .~- A'~ ...... "'..q-z~a - I~r., ~ 5.~.p~ ~ ~x~ ~,/ .- , ,:.. . - ....... 'z~.- ~)~ _~/- /~. s/~A~ ':,-: L,,;: . ...... ...... · ......... sl, le~ ,' ,, ...... ............... ~ '" ' ' '" TRANSMITTAL FAIRWEATHER-BROWN A.RCHITECTS & DESIGNERS BOX 521, 122 Front Street Garden Greenport, N.Y. 11944 516-477-9752 (fax) 516-477-0973 D~t¢: Ia .'Zl.q%6 To: We are sending, enclosed, the following: [~Drawings [ ] specifications for your: [ ]samples [ ] [ ] use [~ approval [ ] information No. Date Description Remarks CC: TRANSMITTAL COVER SHEET TO: DATE: ZBA File of Frederick Koehler/Osprey Dominion Monday, August 15, 1994 ITEMS TRANSMITTED BY VICTOR LESSARD FOR APPLICANT: Twelve (12) photographs of inside area of proposed production buildlng (rear building) for related winery activities. Photocopy of letter to Town of Southoldated July 29, 1994 showing persons having ownership of Osprey Dominion Co. by Frederick W. Koehier, Jr. as General Partner. Copy of Section 651.1 of Title 9 of the Executive Law pertaining to nonresidential farm buildings used for agricultural purposes. Seven (7) copied sets of Morton Pro-Fab Building plans. ...Additional item to be furnished shortly: Seven copies of an "as built" floor plan/sketch of the "wine-tasting building" for future public occupancy and "retail sales of wine." Mr. Lessard said there is no plan availnble but that he will prepare a sketch using the dimensions and floor plan, as built with the office, bathroom area, electrical outlets, door locations, etc. ZBA/lk 8115194 Local Law #2 - 1983 added to Zoning Code 2/1/83 5/9/94) for Wineries. Pindar Vineyard (Herodotus Damianos) Main Rd., Peconic Bedell Winery #3451 4/16/86. Main Rd., Cutchogue #3344 5/23/85 Bidwell Vineyards (Robert E. Bidwell) #3732 6/9/88 C.R. 48; Cutch-ogue Cutchogue Farms LTD (Gristina Vineyards) #3769 10/26/88 Main Rd., Cutchogue John & Catherine Simicich #3918 3/29/90 4250 Bergen A~e., Matti'tuck Ralph & Patricia Pugliese #3831 7/11/90 34876 Main Rd., Cutchogue Peconic Bay Vineyards (Herman & Reynold Blum) 32180 Main Rd., Cutchogue #3898 2/15/91 Reynold Blum ~3346 approved 5/23/85 Main Road, Peconic, NY 11958 Pelle~ini Winer~ (Robert and P~ta Pellegrini) ~4065 .1/23/92 Amended Special Exception 5/4/94 for private kitchen use (for employees 8idwell, Robert - approved 5/4/94 (final approval) (lk) O~rey Oomlnion Co'.- Attn: Mr. Fred Koehler 71 Carolyn Boulevard Farmingdale, NY 11735 DEADFILED 12/7/94 - No action required by ZBA DUE TO ENACTMENT OF NEW LOCAL LAW by T.B. on 11/29/94. (734-6188 tel. #) Mr. Joel Lauber Corey Creek Vineyards Box 921 Southold, NY 11971-0921 PETER LENZ - LEN~ WINERY Main Road Peconic, NY 11958 SE #4286 DEADFILED.- No Action requi~ed per Local Law of Town Board adopted 11/94. (C.O. received prior to SE authority) LOCAL LAW NO. 26 , 1994 A Local Law in Relation to Wineries BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: INTENT: Tile wine industry b~s been an important_component: not only o_f the agricultural community, but the Town's tourist industry. In recognition of the winery's ability to_cx)ntribute to the to rurkst ind~try theZ]2own is cklarly defining a winery., add~ sales of wine-related products as an accessory, use and allowing for outdoor for-profit events un~er ceriain ¢ondit~ns. 1. Section 100-3 IA(4) is hereby a~ided to read as follows: Wineries which meet tim following~standards: shall be a place or premises on which wine made from pr mar y Long Bland grages is pro~tuced and soldLand shall be on a parcel on which at least ten (I0) acres are devoted to vineyard or other agricultur~lLpurposes and which is owned by the winery, owner; and the winery, structures shall be set back a minimum of one hundred (100)_ ~et from a major road; and shall obtain site plan approval. 2. Section 100-3 lB(13) is hereby deleted in its entirety: latin' ............ v .............. ~ .......... v ....... from grapes-primarily grown4n-lhe-~ineyard~ on-whieh ~uclpM~e-iMoeated. 3. Section 100-3 lB(14) and (15) are hereby changed to (13) and (14) respectively: 4. Section 100-31C(I 1) is added to read as follows: ~ Winer~c6 mmay have namac, a?axssrLcy~gi_fl~on tile prmcmm~ which may~s_eJ!ll ~o~ to winm~l~ws, w~h~,~m~a f~h~tor~~f w~. booth win~king~dgbe~g~nd ~ecific itetn~he ins~ of the wine~. Winerie~y~l~ ~~~~se I~ have ~n-~.mm~ia! · k2tcl~emfacility for privat~mc_byJhe_emp~ees~ 5. Section 100-30A.2A(1) is amended to read as follows: (1) Same as Section 100-3 lA of the Agricultural-Conservation District except that wineries are excluded. 6. Section' 100-42B(4) is deleted as follows: (4) W4nedes~as-sc+t~oet4~and rcgulated by Scctic~n 1004-1-B(13)~c-t4~e Agrieulturat42~:msetw~at4on-Dis t rict 7. Section 100-6IA(I) is hereby amended to read as follows: (1) Any permitted use set fo~h in and as regulat~ by Section 100-3 IA of the Agricultural-Conse~ation District except that winefies~re excluded 8. S~tion 100-71B(6) is hereby deleted as follows: (6) ~4~ 9. Section I00-71B(7) is hereby chang~ to (6). 10. Section 100-81A is hereby amended to r~d as follows: A. Permitted uses. (1) Any permitted use as set forth in and regulated by Section 100-3 IA of the Agricultural-Conservation District except wineries which shall be as s_et forth below: (2) The following uses are permitted uses subject to the site plan approval by the Planning Board: (a) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: [1] Antique, art and craft shops and galleries. [2] Custom workshops and machine shops. [3] Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. [4] Libraries or musemns (b) Professional and business offices. (c) Funeral homes. (d) Restaurants, except drive-in restaurants. (e) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (0 Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (g) Wholesale and warehousing. (h) Retail uses supplemental to the service business establishment. i6)_ Wineries which meet the following standards: [1] shalLb_eo~Lfarm~Jaclyl~c_ensed~ader New York Slate. Jaw from which wine made from primarily Long Island grapes is 9roduced and sold ~Lnd [21 shall obtain site plan approval_ and ~ ~hall have letait 1 I. Section 100-8lB(I) is hereby a~nended to read as follows: (1) Any special exception use as set forth in and regulated by Section 100-3 lB of the Agricultural-Conservation District, cxccpt wined, ca arc. nc.t rcqukcd to be-in connccfion w:,tlwa-vitteyar, d. 12. Section I00-81C(1) is hereby amended to read as follows: ' (1) Any accessory use as set forth in and regulated by Section 100-31C(I) through (8) and (11) of the Agricultural-Conservation District, and subject to the conditions set forth in Section 100-33 thereo£ 13. Section 100-91B(I 0) is hereby deleted as follows: (qO) Winches. II. 14. Section 100-101A(11) is hereby added to read as follows: (1 l) Wineries which meet the following standards: (a~ shall be a farm winery, licensed under New York State law from which wine mad frm r' rtl n I n rapes is (.bO. shhall obtain site plan~flprovaL and 5. Section 100-10lC(I) is hereby amended to read as follows: (I) Accessory uses set forth in and as regulated by Section 100-3 lC(I) through (8) and (1 I) of the Agricultural-Conservation District, subject to the conditions set forth in Section 100-33 thereof. 16. Section 100-131A(6) is hereby added to read as follows: (6) Win_eries as regulated by Section 100-101A(I 1). 17. Section 100-13 lB(14) is hereby deleted as follows: 04) ~ner4es. 18. Section I00-141A(3) is hereby added as follows: ~ ~gulated hy Section 100-101A(l 19. Section 100-141B(3) is hereby deleted as follows: (~) Winer4e~. 20. Section 100-274G (Fees) is hereby added to read as follows: ~ For application.sfDr public entertainment and special evimts permits, the fee ~¢ filly dollars ($50.00). This Local Law shall take effect upon its filing with the Secretary of State. * Strikethrough indicates deletion. ** Underline indicates addition '~ JIIDXTlt T. TERRY '}~ TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 2q, 1995: RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $200.00 to Fred Koehler, Jr. for Osprey Dominion Co., and $200.00 to Joel Lauber for Corey Creek Vineyard, which refunds represent one-half of the filing fees for applications to the Zoning Board of Appeals, which applications were filed in October and November, 1994, processed in their entirety, except for a final determination, when the legislation with regard to wineries was changed when the Town Board enacted Local Law No. 26 in December, 1994. Judith T. Terry (/ Southold Town Clerk January 25. 1995 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. ViLla Richard C. Wilton BOARD OFAPPEALS TOWN OFSOUTHOLD iNTER-DEPARTMENTAL MEMORANDUM Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FROM: DATE: RE: TO: Supervisor and Members of the Town Board Judith T. Terry, Town Clerk January 6, 1995 Applieat]oQs Flied in Oetober and November 1994 New Local ]r~aw #~.6-1994 We presently trove two applications which were filed in early November and October for which legal notices were, of ceurse, advertised and lengthy statements in opposition have been transcribed. Shortly thereafter, there apparently was a change in the wording of the local law by the Town Board which eliminated the requirement for Special Exception approval pertnlning to wineries. (That draft was circulated to us about 16 days before it was adopted.) The $400.00 fees were paid prior to November 8th; the public hearing published by our office the following week; and the draft law, as amended, went into effect December 5th - two days prior to our second and final hearings. For the future, we request that copies of draft laws pertaining to zoning matters be transmitted to us, at the same time it is transmitted to the County Planning Commission and Plarnlng Board for comments. This gives us an opportunity to be aware of any major change taking place about 30 days prior to its anticipated adoption. In some cases the applicants may wish to withdraw their applications and unnecessary advertising could be prevented. Please advise as to whether or not the applicants will be permitted a portion, or full, refund of their application fees based upon the above. In neither situation has the applicant withdrawn their application, and the applicants agreed to continue with the final statements of the hearings. Normally, the applicants must withdraw their applications before it is advertised in order to receive a full refund, but in this instance wished to proceed since they were not aware that the Town Board had redrafted the winery law until after it was adopted in December. cc: Laury Dowd, Town Attorney JUI)ITH T. TEI~RY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main l~oad P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telepl~one (516) 765 1800 oFFIcE OF THE TOWN CLERK TOWN OF SOUTHOLD December 1, 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED State Records and Law Bureau Department of State 162 Washington Avenue Albany, New York 12231 Re: Local Law No. 26 - 1994 Town of Southold, Suffolk County Dear Sirs: In accordance with the provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith a certified copy of Local Law No. 26 of the year 1994 of the Town of Southold. I would appreciate it if you would send me a receipt indicating the filing of the enclosure in your office. Thank you. Very truly yours, ~l:l~ L~t:I~; .. . etu n th s card to you. ' T~ Return aseipt wit[ s~W t° w~m t~ aaicle WeS dehvered °~d ~e,~. ~Ult ~ostmaster for fee State R~ords [ .~w Bur~u J~' · ~ nsured 16~ Washin~on Avenue STATE OF NEW Yr~RK) ) 5S: COUNTY OF SUFFOLK ) ~of Mattltuck, In said Country, being duly sworn, says thai: he/she is Prindpal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, 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 ~ weeks successlvel , corem clng on the ~1~ _ day of CHRISTINA VOLINSKI ~ Notary Public, State of New York No. 5004884 Qualified in Suffolk County 19_i~ Principal Clerk Commission Expires November 23, Notary Public PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone {516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant 1 41994 December 12, 1994 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed site plan for Osprey's Dominion Vineyard SCTM#: 1000-75-1-20 Location: Main Road, Peconic SEQR Status: Type I ( ) Unlisted ( X ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Conversion of two existing agricultural buildings into a winery and sales and tasting room on approximately 3.8 acres of an existing 50 acre vineyard. Page 2 SEQRA Negative Declaration -Osprey's Dominion Vineyard December 12, 1994 Reasons Supporting This Determination: This project involves the conversion of two existing agricultural buildings to a winery and tasting room. A winery is a permitted use in this agricultural conservation (A-C) zone, thus the proposed action is consistent with zoning. An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. There has not been any correspondence from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specification, subsurface soil conditions and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 CC: Langdon Marsh, DEC Albany Suffolk County Dept. of Health New York State Dept. of Transportation Judith Terry, Town Clerk Southold Town Zoning Board of Appeals Building Dept. Applicant ENB PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett O~towski, Jr. MaAS. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, FROM: Richard G. Ward, Chairman ~- RE: Proposed Site Plan for fl~ Osprey Dominion Co. Main Road, Peconic SCTM# 1OOO-75-1-20 Corey Creek Vineyards Main Road, Southold SCTM# 1OOO-75-6-9.6 & 9.7 Proposed Lot Line for Dessimoz & Racz SCTM# 1OOO-112-1-3 & 4 DATE: November 22, 1994 Board of Appeals As requested in your memo following are the Board's commen'ts regardln9 the above referenced projects: Osprey Dominion The Board now has a complete application. The Board is favor of this use at the above location. Corey Creek Vineyards The Board does not have a complete application, however in general, the Board supports wineries in the Agricultural-Conservation (AC) District. It is the Board's understanding that wine will be produced at the winery from grapes primarily grown in the Corey Creek Vineyard. in Oess|moz & Racz The Board has no comment on this lot line change. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 October 27, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD OCT 2 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Osprey Dominion Winery Route 25, Peconic SCTM# 1000-75-1-20 Zoning District: Agricultural-Conservation (AC) Dear Mr. Raynor, The Planning Board has received your letter of October 21,1994, and a site plan dated October 18, 1994. The following changes/additions must be made before the Board can proceed with its review: 1. Zone must be indicated on plan. 2. A sketch of any proposed outdoor sign, in color, to scale. 3. Name of adjoining owners. 4. Top and bottom elevation of pond. 5. Area of site plan. Any proposed outdoor lighting including wattage and type fixtures must be shown. All lighting must be shielded to the premises. Mounting height of outdoor lighting should be a maximum of fourteen feet. o Floor plans for both buildings showing sanitary facilities and any proposed kitchen or cooking facilities. 10. 11. 12. 13. The above Supplement trees in front of drive at northernmost building with evergreen shrubs in order to screen cars parked in this area. Protection for propane tanks. Evergreen screening or equivalent, for transformer and dumpster. Show utility pole and fire hydrant/well. Survey of entire property. should not be considered a complete list, Town Code Article Twenty Five, Site Plan Approval should be consulted. The Site Plan has been sent to the Town Engineer for review of drainage. His report will be forwarded to you when received. Suffolk County Department of Health Services and New York State Department of Transportation review are required. Site Plan Reviewer cc: /~om Fisher, Senior Building Inspector In Charge ~Gerard P. Goehringer, Chairman, Zoning Board Of Appeals PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Re: Lead Agency Coordination Town Hall, 53095 Main Road P. O. Box 1179 :.~ _S~uthotd, NewYork 11971 ,.~, .~ ~ Facials) 755-31~s - T~tepl~one (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: .?~?~5~1) Requested Action: ~1~ ~/T~ SEQRA Classification: ( ) Type I (/~,) Unlisted Contact Person: (516) ¢65-1938 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (ELS) on this project. Within thkty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning .Board Position: ( r,.)'~s agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please fe~t1 free to contact this 0,ffice for further information. - Chairman cc:~,~ Board of Appeals Board of Trustees Building Department Southold Town Board Suffolk County Department of Health Services NYSDEC - Stony Brook NYSDEC - Albany 6**~?,-~partm~n'~ of Public-Wor-ks~ ~S~f-Engineers ~New York State Department of Transportation *Maps are enclosed for your review rev. 4~94 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~ART I--PROJECT INFORMATION ('To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR L~'~ 2. PROJECT NAME 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) S. IS PROPOSED ACTION: New [] Expansion '~ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? BYes [] NO If NO, descril3e brielly 9. WHAT IS PRESENT LAND USE ,N VICINITY OF P.OJECT? ~ Resfdenllal ~ Industrial ~ Commercial ' ~ Agriculture Describe: [] Park/Forest/Open space [] Ol,~e,' DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~ Yes [] NO If yes, list agency(s] and permit/approvals DOES ANY ASPECT OF THE A~TION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~ Yes ~No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFiCATiON? DYe, ~l~No 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 I CERTIFY THAT THE INFORMATION PROVtDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE SEQR PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards -619 ................. -Town Haft; 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FROM: RE: DATE: G~rard P. Goehringer~ Chairman, Board of Appeals Richard G. Ward, Chairman ~ Proposed Site Plan for Osprey Dominion Co. Main Road, Peconic SCTM9 1000-75-1-20 September 6, 1994 As requested in your memo of August 19, 1994, following are the Board's coN~nents regarding the above referenced project: This Board does not have an application for this project. A pre-submission conference was held with the applicants agent Mr. Victor Lessard on July 29, to review a preliminary site plan. The plan was incomplete and a letter was sent to the agent requesting details, (copy enclosed). 1994, A meeting was held on August 30, 1994, with the applicants new agent Henry Raynor to review the plan. Mr. Raynor indicated a complete site plan application would be filed shortly. In general the Board favors this use in this zone and will comment in more detail when it has a complete application. PLANNING BOARD ~fEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark $. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 August 4. 1994 Victor Lessard, Agent Osprey's Dominion Vineyards, 1800 Westphalia Road ~attituck, NY 11952 Ltd. RE: Osprey's Dominion Vineyards Ltd. Main Road, Peconic SCTM# 1000-75-1-20 Dear Victor, The Planning Board has received your preliminary site olan pre-submission. _ Preliminary comments are as follows: Existing and proposed contours at intervals of (2) feet or less must be shown on site and 200' beyond the property line. Pond must be shown. Any possible wetlands must be shown. · Site plan should say winery and vineyard. Paved areas must be indicated, including entrance at State Route 25. ~ · Waste water, potable water, and sanitary facilities for both buildings must be shown. Drainage calculations for new structures, including new parking area, must be shown. ':tdoor lighting must be . ~:, zkctch (to scale) showing color and type of lighting. Landscaping plan. Pavement at front entrance to prevent bluestone from drifting on to Route 25. Name and address of landowners of record. Separate key maps showing owners within 500' at a scale of 1" = 100'. ' Location of any cultural or historical features. Street trees forty feet on center along main road. Location of water and electrical service, transformers, dumpsters etc. Handicapped access and parking. Floor plans and elevation drawings. In addition to the above New York State Department of Transportation review and curb cut permit and Suffolk County Department of Health Services review must be accomplished before any possible approval can be obtained from this Board. The above should not be considered a complete list of all elements of the site plan, you should reference Town Code 100-256 (technical data). Additional comments will be forthcoming when the Board receives a complete application. If you have any questions, or require further assistance, please contact this office. Chairman cc: Thomas Fisher, Senior Building Inspector Gerard P. Goehringer, Chairman. Zoning Board of Appeals Laury Dowd, Town Attorney APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 18, 1994 Mr. Henry Raynor 320 Love Lane Mattituck, NY 11952 Re: Spec'mi Exception Request - Osprey Vineyards Dear Henry: Please note that the public hearing has been calendared for Wednesday, December 7, 1994 (not December 5th which was noted in our transmittal letter). Very truly yours, Linda Kowalski BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of FREDERICK KOEHLER/OSPREY DOMINION WINERY CONFIRMATION OF POSTING being duly sworn, depose and say: That on the~-I~[ day of November, 1994, I personally posted the property known as "44075 Main Road, Peconic, NY" by placing the Town's official poster- Notice on ~,(~ X-~l~f~.~ '~'~,~f)_ facing the road side of the property, and that 'the poster has remained in place at least seven days prior to the date of the public hearing (date of hearng noted thereon to be held December 7, 1994. Dated: December , 1994. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD November 16, 1'994 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, Now York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mr. Henry Raynor 320 Love Lane Mattituck, NY 11952 Re: Appl. No. 4257 - Frederick Koehler/Osprey Dominion Winery Dear Mr. Raynor: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the final hearing will be held on Wednesday, December 5, 1994 at the Southold Town Hall at 8:05 p.m. Also, you will find enclosed a Poster Notice which must be placed either on a stake and located in the front yard (road side) of the subject property, or placed on the front of the building (or fence, if appropriate) where it can be easily seen from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit your area within the next several days o Please complete the attached Confirmation of Posting, sign, and return it to ouv office for our update and permanent file. Very truly yours, Enclosures Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton :' ,'--' If~ L,. ~ '~..~ BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the foUowing public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town HaU, 53095 Main Road, Southold, New York 11971, on WEDNESDAY~ DECEMBER 7, 1994~ commencing at the times specified below: 1. 7:35 p.m. Appl. No. 4284 - THOMAS & ELIZABETH THOMPSON. Request for a Variance under Article III, Section 100-33 for permission to locate an accessory garage building in the southerly side yard area, rather than the required rear yard, at premises known as 2890 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a substandard parcel in this A-C Agricultural Conservation Zone District containing approximately 41,585 sq. ft. in total lot area. (Setback from property Hnes, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 2. 7:40 p.m. Appl. No. 4286 JOEL AND MARGARET LAUBER. Request for a Special Exception under Article III, Section 100-31B(13) for permission to establish Winery Use.for the sale of BOARD OF APPEALS:TOWN OF SOUTHOLD ~ ......... ~ ........................ X In the Matter of the Application of FREDERICK KOEHLER[OSPREY DOMINION WINERY CONFIRMATION OF POSTING I, , residing at being duly sworn, depose and say: That on the day of November, 1994, I personally posted the property known as "44075 Main Road, Peconic, NY" by placing the Town's official poster Notice on facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the public hearing (date of hearng noted thereon to be held December 7, 1994. Dated: December , 1994. (signature) Page 38 - Hearing ~nscript Regular Meeting of December 7, Southold Town Board of Appeals 1994 lets see, do any Members of ED BOYD: 10 x 12. MR. CHAIRMAN: Thank you. Alright, the Board have any questions of counsel? MEMBERS: No. MR. CHAIRMAN: Anybody have any particular problems with the application? MEMBERS: No. MR. CHAIRMAN: MEMBER VILLA: MR. CHAIRMAN: MEMBERS: Aye. ED BOYD: Thank you very much. MR. CHAIRMAN: Have a lovely evening. Anybody like to make a motion? I'll make a motion that it be approved as it exists. All in favor? 8:30 P.M. - Application No. 4257 OSPREY DOMINION CO. and FP,~DERICK KOEHLER~ JR. MR. CHAIRMAN: This is a carry over appeal from a prior meeting. This is an application requesting a Special Exception for approval of a new winery establishment in two existing farm buildings for the production and sale of wine produced from grapes primarily grown on the existing Vineyard, and Winery Establishment proposed at 44075 Main Road (State Route 25), Peconic, N.Y.; County Tax Map Parcel No. 1000-75-1-20. The entire premises contains 50.8 acres located in Page 39 - Hearing ~nscript Regular Meeting of December 7, 1994 Southold Town Board of Appeals the Agricultural-Conservation (A-C) reconvened from September 1994 and I Mr. Raynor representing. Mr. Raynor where we are at this point. HENRY RAYNOR: Yes, good evening. MR. CHAIRMAN: How are you? HENRY RAYNOR: I'm Henry Raynor Dominion Co. and Frederick Koehler, Jr. and we adjourned this hearing we have created property which is approximately 98% complete Zone District. This was believe at that time we had would you like to tell and I'm representing Osprey since September when a site plan for this that you have before which was mentioned earlier. I would be happy to answer any requests of the Board and any questions in any way I can be of help. understand it concerns pertaining to traffic. This is not a large wine tasting facility. Approximately one-tenth the size of Pindar you a discussion with Bob Kassner today. There were one or two additional elements concerning drainage to be addressed by the Planning Board. Other than that, the Planning Board seems to feel favorably the changes that we have made concerning parking, the buffering, the lighting schedules. We have also reviewed and changed on recommendation of the Town Engineer the drainage at the intersection of the highway. We have since secured the State Department Transportation (too noisy - inaudible) that entrance. As the Zoning Board of Appeals request we have supplied additional site plans to the neighbors to the east have requested us and the parking that was the subject of discussion at the prior hearing has been moved to the north. That will be west of the tasting building. I Page 40 - Hearing T~'~nscript Regular Meeting of December 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: There was a specific concern about the sharp drop off of the barrel storage and uncreation room, we'll refer to it as the, as to the large tin building in the back. Is there, there's not going to be any change with that in anyway? There not going to change any topo, try and expose any more water or anything of that nature to your knowledge? HENRY RAYNOR: None whatsoever. MR. CHAIRMAN: Alright. I'm sure that was a topic with the Planning Board in dealing with the aspects of this site plan. Wasn't it? HENRY RAYNOR: Yes it was. MR. CHAIRMAN: The Planning Board is happy with both buildings as they exist, as they presently exist at this point with no marketable changes in any type of conformance of different awnings or anything of that nature? HENRY RAYNOR: I have not had any objections to what we had submitted other than the changes that we have made to date. Good. Does anybody have any questions of Mr. MR. CHAIRMAN: Raynor? MEMBER VILLA: Well at the last meeting your neighbors to the east have been with some concern. Have they been addressed. HENRY RAYNOR: They have requested some more information and I had requested and I know Fairweather/Brown have forwarded the current site plans to both parties. MR. CHAIRMAN: I guess we'll ask them the questions then. Alright. MR. RAYNOR: Thank you very much. Page 41 - Hearing ~ranscript Regular Meeting of December 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Alright. Thank you. Ladies is there anything that we can help you understand better in this overall special permit application? VIRGINIA DRAPER: Well, I'm still, I'm Virginia Draper. I'm still very concerned about the amount of traffic. Now I understand there's going to be another winery with the same thing that's within a very relatively short distance which is going to further complicate that traffic situation, and in looking, I did receive the site plans but I only see 14 spaces of parking and certainly that does not seem adequate. Where are the employees going to park if you have only have 14 spaces and if your entertaining the thought of having wine tasting, perhaps buses? I see one space for a bus. Is that adequate? I don't think so. MR. CHAIRMAN: That may be a question that the Planning Board might have to address but we will ask Mr. Raynor to address it and if need be again, further explain it to you and then you can come back again and you know we'll discuss it again tonight. Is there anything that you have any further comment? VIRGINIA DRAPER: Now the septic tank that's over near the wetlands, .... MR. CHAIRMAN: You mean the pond? VIRGINIA DRAPER: side I believe that the wetlands. No, there's the is to the rear. septic tank over It's very close to on the east the edge of Mr. CHAIRMAN: This is on the steel building? Page 42 - Hearing 2'~anscript Regular Meeting of December 7, 1994 Southold Town Board of Appeals VIRGINIA DRAPER: Yes, I guess it's on the right of the steel building. I'm concerned about the wetlands and with septic tanks being close to that area would there be any contamination of the wetlands ? MR. CHAIRMAN: Well, to my knowledge, it's quite a height there or a difference in height and I can understand your concern. MEMBER VILLA: Toro doesn't make a difference. It's horizontal separation that's usually required. If there are wetlands in the area these plans have to be approved by the Health Department. They would require it to be moved. They have certain requirements. It's at least 100 feet. VIRGINIA DRAPER: Does this mean because I'm not well adverse to the blueprints. MEMBER VILLA: I don't know if this plan has gone to the Health Department or is going to the Health Department. It has gone? HENRY RAYNOR: It has gone. MEMBER VILLA: Has it gotten it approved? HENRY RAYNOR: We're waiting for it any day and that's says 175 feet. MEMBER VILLA: If it's 175 feet that's more than adequate. VIRGINIA DRAPER: OK, because I know there's lateral drains from a septic tank and you know it has to drain somewhere. MEMBER VILLA: No, it's ( ) pool is generally ( ). MR. CHAIRMAN: Good point. Certainly most of the activity does occur towards the westerly portion of the property. I mean, you certainly have a legitimate concern. There's no doubt about it. You Page 43 - Hearing ~anscript Regular Meeting of December 7, 1994 Southold Town Board of Appeals know it appears that most of the activities is over on that side. The remaining hill area is going to be what, grass Mr. Raynor? So the area that these nice people would be looking at basically will be primarily lawn. HENRY RAYNOR: (Speaking too low cannot hear his response.) VIRGINIA DRAPER: Because I did note when we came the last time there was water created over the easterly side almost at the property line. I don't know whether it was due to the erosion where they were bulldozing or whatever they were doing with that land there. It created a water. MR. CHAIRMAN: Well, I think that was the thought that there might have been an additional pond wanting to be created there and I think that was ruled out totally at that point. VIRGINIA DRAPER: Yes, I realize that that was where the pond was going to be but we had water standing there which had been standing there for a period of time that had not been there. MR. CHAIRMAN: Well for all intensive purposes I sincerely understand with what you're saying but I don't think there'l] be any concern on that basis there. I realize, I really honestly do, realize how difficult it is sometimes to visualize this because it's somewhat difficult for us to visualize it also and that's most of the reason why we go back two and three times to look and it's a difficult thing sometimes to deal with because it is certainly affecting you because it is a little more than an aquarium type of use but at the same token I think it's probably the least intensive use that you can have apart from a major housing subdivision which I Page 44 - Hearing ~ranscript Regular Meeting of December 7, 1994 Southold Town Board of Appeals think would cause a lot more activity with houses going in and out, cars going in and out of houses I should say, so and so forth. But, if you have any other concerns we are going to or we are anticipating closing this hearing tonight. You're welcomed to write to us. We cannot necessarily make it part of the hearing, just so you're aware of that. If you have any specific concerns of Mr. Raynor, again, I'm sure that he would meet with you out in the hall and you can come back and talk to us. It's entirely up to you. I'm not trying to put any words in your mouth honestly. MEMBER VILLA: Jerry! MR. CHAIRMAN: Yes. MEMBER VILLA: If this becomes a water problem which I can understand can breed mosquitoes or what have you in the summer, would your client agree sometime if this does become a problem, to go back and regrade and eliminate it? I don't see where that would be any problem, at HENRY RAYNOR: all, really. MEMBER VILLA: Because I mean they did change that slope going down there and it could, all that runoff could puddle down there. If it becomes a standing water problem we have an agreement between us that it will be corrected. HENRY RAYNOR: this. MEMBER VILLA: HENRY RAYNOR: There's been a standard water problem prior to It has? I never noticed it there. Yes, it has. Page 45 - Hearing T~anscript Regular Meeting of December 7, Southold Town Board of Appeals 1994 MR. CHAIRMAN: Well, that's because of the way the grade was. It was graded into a V almost at one time. HENRY RAYNOR: It's again, it's no particular problem. MEMBER VILLA: OK, we have it on the record that if it becomes a problem they'll correct it, OK. VIRGINIA DRAPER: I thank you. HENRY RAYNOR: OK. VIRGINIA DRAPER: Alright, I just would hope that you would take into consideration the amount of traffic and the possibility of not sufficient parking being there. MR. CHAIRMAN: Alright, certainly will. VIRGINIA DRAPER: Thank you so much. MR. CHAIRMAN: Thank you. Mr. Raynor, while you're still here in the back, could you just address the parking issue in reference to total cars at the site and what the Planning Board had in concern when you were dealing with the parking aspects. HENRY RAYNOR: Yes, the site Planning Board went over all of the parking requirements for the ordinance and it is more than sufficient than what they would ever anticipate using here. MR. CHAIRMAN: Now, correct me if I'm wrong. Most of the employees would park up by the, by the butler building or by the steel building? HENRY RAYNOR: MR. CHAIRMAN: in. I want to In the northerly building. Right. I don't know why I can't get northerly call it steel or butler, I apologize. If there were · Page 46 - Hearing T~anscript Regular Meeting of December 7, ]994 Southold Town Board of Appeals any plans for additional parking, and they were required, would they be put on the westerly side and continue on the westerly side? HENRY RAYNOR: We could quite easily go along the north westerly radius of the connecting asphalt road. There'd be or problem with alt of the asphalt driveway ( ). MR. CHAIRMAN: Great. Thank you very much Sir. HENRY RAYNOR: Thank you. MR. CHAIRMAN: Is there anybody else would like to speak in favor of this application? Anybody like to speak against the application? Hearing no further comment, questions from Board Members, I'll make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor. BOARD MEMBERS: Aye. 8:45 Application No. 4282 -CURT W. MEYHOEFER/JOHN AND DOREEN MAZZAFERRO MR. CHAIRMAN: Request for a Variance under Article III, Section 100-32 for approval of deck, as built, with a setback at less than the required fifteen (15) ft. setback from the northerly side property line, at premises known as 43475 Main Road, Peconic, N.Y.; County Tax Map Parcel No. 1000-75-1-18.1. I have a sketch of the deck in its present placement. We have used the deck. At one point it's ground level and I have a copy of the survey indicating the deck Z~IQTICE OF PUBLIC ' NOTICE IS HEREBY VEN, pursuant to S6ction 7 of the Town Law'and the ,de of th6 Town'6f Southold, it the following public hear- gs will be held by the h I wn als at the Southold Town i° ill, 53095 Main Road, uthold, New York 11971, on ED E 1994. commencing at the aes specified below: · 1. 7:35 p.m. Appl. No. :84- THOMAS & ELIZA- ~TH THOMPSON. Request r a Variance under A~icle lit, 'etlon 100-33 for permission/ locate an accessory garage ~ilding in the southerly side rd area, rather than the re- tired rear yard, at premises ~own as 2890 Bridge Lane, achogue, NY; County Tax ap Parcel No. 100045-2-22. m subject premises is a sub- andard parcel in this A-C gricultural Conservation one District containing ap- · oximately 41,585 sq. ft. in .tal lot area. (Setback from: ·operty lines, when located in yard area other than a rear ~rd, shall be determined by the oard of Appeals.) 2.7:40 p.m. Appl. No 4286- 2)EL AND MARGARET AUBER. Request for a Spe~ al Exception under Article I, Section 100-31B(13) for :rmission to establish Winery se f6r the sale of wine pro- aced from grapei' primarily ~w~.'on the existing Vineyard ,here the proposed Winery is ~ be located, to wit: 45470 tain Road, Southold, NY; :ounty Tax Map Pa'eel No.. 000-75-6-9.7 and 9.6 (com- ined total: 30 acres). 3.7:45 p.m. Appl. No 4283- ;AIL DESSIMOZ and IICHAEL .RACZ. Request ~r Variances under Article III, ection 100-32 and Section 00-33C, based upon the Oc- ~ber 21;'1994 Notice of Dis- e p!b/'6~al:issued b~3 th~ Bhiid3~ ag Inspector for permission to: 1) change lot line resulting in reduction in the existing lot ~idth on the westerly lot from .08.14 feet to 125 feet (Code) equirement is 175 feet in this :-80 Residential Zone Dis- 5ct), and (2) if the lot width yaro area to me, liSt oHne ex- isting single-fi~' dwelling. Location of Pro~rty: Private right-of-way known as Hallock Lane and Private Road #10, which extends offthe north side of Sound Avenue,' Mattituck, NY (over and along lands of Charles Simmons and Edward ~O Harbes); County Tax Map Par-/ eels No. 1000-112-1-3 and 4. 4. 7:50 p.m. Appl. No. 4285- ELBERT E.'LUCE, JR. Request for a Variance under Article III, Section 100-33 and Section 100-32, based upon two separate November 7, 1994 Notices of Disapproval issued by the Building Inspec- tor for permission to construct/ accessory storage building (shed) in an area other than the' required rear yard, and deck addition to dwelling, as built, which has an insufficient rear yard setback. Location of Prop- erty: Private Right-of-way ex- tending 332.51 feet offthe east- erly side of Youngs Road, (House #944), Orient, NY;~ County Tax Map Parcel No~ 1000-18-2-14. Subject pre- mises contains a total lot area of 21,188 sq. ft. and ig located in an R-80 Residential Zone District. '. 5. 8:05 p.m. (Reconvened for continuation) Appl. No. 4257 OSli&gY DOMINION COmmon. nd F REDBtg~C~ K~IIJI~I~. This is an ap: plication requesting a Special Exception for.approval of a new winery establishment in two existing farm buildings for the production and sal? of wine produced from grapes prima- rily grown on the Vineyard an_d Winery Establishment pro- posed at 440'/5 Main Road (State Route 25), Pecqnic, NY: County Tax Map Parcel No. 1000-75-1-20. The entire pre- mises contains 50:8 acres 1o- · coted in the Agricultural-Con- servatinn (A-C) Zone District. 6. 8210 p.m. Appeal No. 4282- CURT W. MEYHOEFER/JOHN and DOREEN MAZZAFERRO.eI3 Request for a Variance under Article III, Section 100-32 for approval of deck, as built, with a setback at less than the re- quired fifteen (15) ft~ setback from the northerly side prop- erty line, at premises known as 43475 Main Road, Peconic, NY: County Tax Map Parcel COUNTY OF SUFFOLK STAq'E OF NEW YORK SS: Patr'icia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for ...................... ~ ....... weeks sucQg~ively, commencing on the Swo~fn to before me on this · ~. .... day of .......... ......... ,,_The Board of Appeals will at Said time and place hear any and all p~rsons or representa- fives, desiring to be heard in the above ~mat~ers. Written eom- '. nient~ may also be submitted prior to the conclusion of the subject hearing: Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more information; please do not hesi- tate to call 765-1809 or visit our office. Dated: November 16,1994 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P, GOEHRINGER, CHAIR- MAN By.' Linda Kowalski IX-11/24/g4(15/ Notary Public BARBARA A. $CHNEID[R NOTARY PUBLIC, State of New York No. 4806~46 Qualified in Suffolk Comlty Commission Expires oo/.3V?,6 NOTICE IS HEREBY GIVEN. pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following pub{mc hearings wi{{ be held by the SOUTHOLD TOWN EOARD OF APPEALS at the Southokl Town Ha{{, 53095 Main Road, Soulhold, New York {1971, on WEDNESDAy, DECEMBER 7, 1994, commencing at the thncs specified below: I. 7:35 p.m. Appl. No. 4284 -- THOMAS and ELIZABETI! THOMPSON. Request for a Variance under Article Ill, Section 100-33 for permission to ]oRate an accessory garage building in the southerly side yard area, ralher than the required rear , yard, at premises known as 2890 Bridge Lane, Cutchogue, N.Y; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a substandard parcel in this A-C Agricu{tura{ Conservation Zone Dislrict containing approximalely 41,585 sq. fi. in total Im area. (Setback from property lines, when located in a yard area other than a rear yard, shah be determined by the Board of Appeals.) 2. 7:40 p.m. AppL No. 4286 -- JOEL and MARGARET LAUBER. Request for a Special Exception under Article III, Section 100-31B(I 3) for permission to establish Winery Use for the sale of wine produced from grapes primarily grown on the existing Vineyard where the proposed Winevd is to be located, to wit: 45470 Main Road, Southold, N.Y.; County Tax Map Parcel No. 1000-75~-9.7 and 9.6 (combined total: 30 acres). 3. 7:45 p.m. Appl. No. 4283 -- GAIL DESSIMOZ and MICHAEL RACZ. Request for Variances under Article El, Section 100-32 and Section 100-33C, based upon the October 1994 Notice of Disapproval issued by the Building Inspector for permission to: (I) change lot resulting in a indue- lion in the existing lot width on the westerly lot from 208.14 feet to 125 feet (Code requiremem is 175 feet in this R-80 Residential Zone Distric0, and (2) if Ihe lot width reduction is approved, to locate accessory pool in the new side yard area to the wesl of the existing single-family dwelling. Location of Property: Privale right-of- way known as l-lalloclc L.anc anti Private Road #10, which exlends off the north side of Sound Avenue, Ma.i- tuck, NY (over and along lands of Charles Simmons and Edwards Harbes); County Tax Map Parcels No. 1000. 112-{-3 and 4. 4. 7:50 p.m. Appl. No. 4285 -- ELRERT E. LUCE, .IR. Request for a Variance under Article III, Secdon 100-33 and Section I00-32, based upon two separate November 7, 1994 Notices of Disapproval issued by the Building Inspector for permission to construct accessory storage building (shed) in an area other than the re- quired mar yard, and deck addition to dwelling, as built, which has an in- sufficient rear yard setback. Location of Property: Private Right-of-way ex- tending 332.51 feet off the easterly side of Youngs Road, (House Orient, N.Y.; County Tax Map Pan,el No. 1000-18-2-14. Subject premises contains a total lot area of 21,188 sq. ft. and is located in an R-80 Residen- STATE OF N~ YORK) ) SS: COUNTY OF SUFFOLK ) ~,~/'~M~~fl~ of Mattituck, in ~mld Courtly, being duly ~worn, ~ay~ that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, In the Town of Southold, Couniy of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, ha~ been regularly published in said Newspaper once each week for.._~__ weelm sIl vely, Eomm eJng on the --gg,___ day of CHRISTINA VOLINSKI Notary Public, State of New No. 5004884 ~., . Prindpai Clerk Oualified in Suffolk County (.,~( Commission Expires Novel~lber 2~0 rl,23t-t o .v v t.t,r ,.ot t Notary Public Sworn t~efore me this ./Tax Map Parcel No. 1000-85-2-22. The subject premises is a substani parcel in this A-C Agrieullt]~ Conservation Zone DislriCl conlaining approximalely 41,585 sq. fi. in total lot area. (Setback from property lines, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 2. 7:40 p.m. Appl. No. 4286 -- JOEL and MARGARET LAUBER. Request for a Special Exception under Article III, Section 100-31B(13) for permission to establish Winery Use for the sale of wine produced from grapes primarily grown on the existing Vineyard where the proposed Winery is to be located, to wit: 45470 Main Road, Southold, N.Y.; County Tax Map Parcel No. 1000-75-6-9.7 and 9.6 (combined total: 30 acres). 3. 7:45 p.m, Appl. No. 4283 -- GAlL DESSIMOZ and MICHAEL RACZ. Request for Variances under Article HI, Section 100-32 and Section 100-33C, ba~ed upon the October 21, 1994 Notice of Disapproval issued by the Building Inspector for pormission to: (1) change tot resulting in a reduc- tion in the existing lot width on the westerly lot from 208.14 feet to 125 feet (Code requirement is 175 feet in this R-80 Residential Zone District), and (2) if the lot width reduction is approved, to locate accessory pool in the new side yard area to the west of the existing single-family dwelling. Location of Property: Private right-of- way known as HaI/OCK Lane aaa Private Road gl0, which extends off the north side of Sound Avenue, Matti- tuck, NY (over and along lands of Charles Simmons and Edwards Harbes); County Tax Map Parcels No. 1000-112-1-3 and 4. 4. 7:50 p.m. Appl. No. 4285 -- ELBERT E. LUCE, JR. Request for a Variance under Article III, Section 100-33 and Section 100-32, based upon two separate November 7, 1994 Notices Of Disapproval issued by the Building Inspector for penrdssion to construct accessory storage building (shed) in an area other than the re- quired rear yard, and deck addition to dwelling, as built, which has an in- sufficient mar yard setback. Location of Property: Private Right-of-way ex- tending 332.51 feet off the easlerly side of Youngs Road, (House #944). OrienL N.Y.; County Tax Map Parcel No. 1000-18-2-14. Subject premises contains a total lot area of 21,188 sq. fl. and is located in an R-go Residen- tial Zone District. 5. 8:05 p.m. (Reeonvened for con- tinuation) Appl. No. 4257 -- OS- PREY DOMINION CO. and FRED- ERICK KOEHLER, JR. This is an application requesting a Special Exception for approval of a new win- cry establishment in two existing farm buildings for the production and sale of wine produced from grapes primari- ly grown on the Vineyard and Winery Establishment proposed at 44075 Main Road (State Route 25), Peconic, N.Y.; County Tax map Parcel No. 1000-75- 1-20. The entire premises contains 50.8 acres located in the Agricultaral- Conservation (A-C) Zone District. 6. 8:I0 p.m. Appeal No. 4282 -- CURT W. MEYItOEFER/JOHN and DOREEN MAZZAFERRO. III, Section 100-32 for approval of deck, as built, with a setback at less than the required fifteen (I5) R. set- back from the northerly side property line, at premises known as 43475 Main Road, Peconic, N.Y.; County Tax Map Parcel No. 1000-75-1.18.1. The Board of Appeals will at said time and place hear any and all per- heard in the above matters. Written eomment~, may also be submitted prior to the conclusion of the subject hear- ing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more informa- tion, please do not hesitate to call 765- 1809 or visit our office. Dated: November 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linde Kowalski 8159-ITN24 CHRISTINA VOLII~ ~ Notary Public, State of N~w ¥o~k Pttndnal Clerk NO. 50048~4 ~ / r Qualified in Suffo k County (~( [. Commission Expires November 23, 1L/T/~ · · , t Notary Public day of I~G 2g '~4 ~7~24 TO tfl~OM ZT ~AY' CO#C~RI~ P.2 AU~. 29~ 1994 HER~OY AUTHOR12~ HEHRY E. RAYHOR OPERTY LOCATED AT 44275 MAIN ROAD PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mad~ S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 4. 1994 Victor Lessard, Agent Osprey's Dominion Vineyards, 1800 Westphalia Road Mattituck, NY 11952 Ltd. RE: Osprey's Dominion Vineyards Ltd. Main Road, Peconic SCTM# 1000-75-1-20 Dear Victor, The Planning Board has received your preliminary site plan pre-submission. Preliminary commaents are as follows: Existing and proposed contours at intervals of (2) feet or less must be shown on site and 200' beyond the property line. Pond must be shown. Any possible wetlands must be shown. Site plan should say winery and vineyard. · Paved areas must be indicated, including entrance at State Route 25. · Waste water, potable water, and sanitary facilities for both buildings must be shown. Drainage calculations for new structures, including new parking area, must be shown. · _Type and wattage of any outdoor lighting must be shown. Sign sketch (to scale) showing color and type of lighting. Landscaping plan. Pavement at front entrance to prevent bluestone from drifting on to Route 25. Name and address of landowners of record. Separate key maps showing owners within 500', at a scale of 1" = 100'. Location of any cultural or historical features. Street trees forty feet on center along main road. Location of water and electrical service, transformers, dumpsters etc. Handicapped access and parking. · Floor plans and elevation drawings. In addition to the above New York State Department of Transportation review and curb cut permit and Suffolk County Department of Health Services review must be accomplished before any possible approval can be obtained from this Board. The above should not be considered a complete list of all elements of the site plan, you should reference Town Code 100-256 (technical data}. Additional comments will be forthcoming when the Board receives a complete application. If you have any questions, or require further assistance, please contact this office. Chairman cc: Thomas Fisher, Senior Building Inspector ~erard P. Goehringer, Chairman. Zoning Board of Appeals Laury Dowd, Town Attorney -JUL--29--94 FRI 0 SPR.13 Y'S DOMINION VINE YA RD S, L 71 CAROLYN BI.VD. FAit, MINGDALE, NEW YORK 11735 ' ~ I 51994 (516) 694 - 4720 - ~II.,L. (516) 694 - 4649 - FAX ;'dy 29, 1994 I/OWN O? SOUTtlOLD Tm, I; llall Stun hold, New YorL 1197 i RE: Osprey's Do.ninion VincTards, Ltd. To Whom it May Concera: Please be advised that the legal owners of tile above reference property, located at 44075 Main Road, Southold. N.Y, County 'l'-x Map No. 1000, Section 75, Block 1, Lot 20 are as follows: 'lhe above are all of the parties of Osprey Dominion Co. Very truly yours, OSPREY'S DOMINION VINEYARDS, LTD. FREDERICK W. KOEIILER, JR. General Farlncr APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 INTER-DEPARTMENTAL MEMORANDUM TO: {x} ( } { } Planning Board Building Department Town Trustees FROM: Board of Appeals DATE: August 19, 1994 SUBJECT: Our Coordination Request for P~eliminary Comments Site Plan Application - Osprey Dominion Co. Property ID #1000-75-1-20 (50.82 acres) Frederick Koehler and Osprey Dominon Co., the applicants in the above project, confirmed with our office that they are proceeding, or have received met with the Planning Board staff on a preHmin~r level for reviews in the site plan process. Since the application before tlxis Department concerns a request for a Special Exception for a Winery and winery-related activities, you may wish to refer your suggestions or comments on how the overall layout should be changed or modified before a determination is rendered. The public hearing on the Special Exception appHoation has been advertised and will be held on September 7, 1994. Therefore, we are requesting your general, preliminary comments cOncerning its parcel and site plan layout at this time on the proliminary map submitted in the Pre-submi-~sion conference with Bob Kassner. Thank you. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1:[79 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 7654809 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: ( } { } {x} Planning Board Building Department Town Trustees Board of Appeals August 19, 1994 Our Coordination Request for Preliminary Comments Owner: Osprey Dominion Co. Property ID #1000-75-1-20 (50.82 acres) Frederick Koehler has filed an application for Osprey Dominion Co., the applicants in the above project, for conversion of farm buildings to a winery and winery-related activities. Your Department may wish to refer suggestions or comments on possible wetlands areas (which do not appear to be shown on the map submitted to our office). The public hearing on the Special Exception application has been advertised and will be held on September 7, 1994. Therefore, we are requesting your general, preliminary comments concerning its parcel and building layout at this time and whether or not your office has a record of the existence of wetlands or natural pond areas. A copy of the site plan map is furnished for your review. Thank you. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MEMORANDUM TO: Building Department FROM: Board of Appeals) DATE: August 4, 1994 RE: Frederick W. Koehler, Jr. - 1000-75-1-20 Conversion of Farm Buildings to Winery Uses This will confirm that on Friday, July 29, 1994, an application for a SpeoiAl~ Exception for the conversion of Farm Buildings to winery uses was delivered to our office for review. The file is not complete until such time as the applicant furnishes seven prints of ori~nA! site plan maps showing all vineyard areas, and site plan elements, together with seven prints of the "as built" plans of the existing facilities with the floor plan layout, in compliance with the N.Y.S. Construction Code (inclusive of new wiring, plumbing, and other utilities) az'e fu~'nished. The buildings in which the wine~y uses are proposed appear to only have Certificates of Occupancy for farm uses rather than principal winery uses. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 August 16, 1994 TO: Applicant(s) or their Agent Re: Application before the Board of Appeals We are in receipt of your application requesting a review and action by the Board of Appeals. Your application has been placed on our next hearings calendar of September 7, 1994 and Board Members are expected to view the area in question prior to the hearing. Enclosed please find a copy of the Legal Notice, as published by our office in the Long Island Traveler-WatchmAu, Inc. and Times-Review, Inc. The Legal Notice outlines a generalized description of the project proposed, based upon the building inspector's initial Notice of Disapproval, and indicating the date, time and place of the public hearing on this application. You are requested to appear at the public hearing. If you are not able to appear, you may have a representative who is thoroughly familiar ~rith your property and the proposed project appear in your behalf, or you may request a postponement. The public hearing will not start before the time advertised. Also, you will note that the time between hearings is minimal, however, additional time is always available to you for your presentation, ff needed. Please feel free to call our office if you have any questions or wish to update or review your file prior to the hearing date. You may add any doeumentation to support your applieation that you feel is appropriate. Very truly yours, Enclosures I~nda Kowalski, Clerk Beard of Appeais APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 August 4, 1994 Mr. Frederick W. Keehler, Jr. 71 Carolyn Boulevard Farmingdale, NY 11735 Re: Application for Special Exception for Winery 44075 MAin Road, Peconic (1000-75-1-20) Dear Mr. Koehler: This letter w-ill acknowledge review of the documentation delivered to our office Friday afternoon requesting an application to approve new winery uses within existing buildings located at 44075 Main Road, Pecenic. It is requested that you submit the foUowing as early as possible to complete the file: (A) Seven (7) sets of maps of the "as built" and presently existing facilities in compliance with the N.Y.S. Construction Code pertaining to winery uses, which must also show the use of each room within the building and retail sales square footage calculations; (B) Seven (7) original prints of the site plnn which must show: egress to and ingress from the buildings, proposed parking areas, the new man-made pond, and other elements necessary under the site plan regulations, the County Health Department approved locations of the leeching and septic systems and drainage basins for run-off, and the existing pond; (C) Site plan or survey showing the entire parcel, including the vineyards which are necessary under the Special Exception for a winery use. Within the next ten (10) days, please submit the above and confirm, in writing, whether or not you have delivered a site plan map to the PlAnning Board for discussions on the need for site plan approval and the status of your plan with the Planning Board at this lime. Page 2 - August 4, To: Mr. Frederick W. Koehler, Jr. Re: Special Exception for New Winery Once the above has been submitted, your application may then be deemed complete and ready for a public hearing and determination on the Special Exception request. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosures cc: Mr. Richard G. Ward, Chairman, planning Beard Mr. Victor Lessard (Agent/Contractor) § 651.1 TITI.,E 9 EXECUTIV~' PART 651 8COPE (Statutory authority: Executive Law, §§ 37§, 3T~) illet~Fic~l No~ Section 651.1 scope. This Subchapter ehall be applicable to residential and non- residential buildlfl~s, public and private, including their accessory structures and paris thereof. HlsteFIcsl Note 6SI.2 (~onetruuiion. This Subchapter shall apply to new constFuctinn o! buildings and to conversions, additions and alteratinco to buildings where sot roFth in 8uhcbepter E of this code. HistoFle2tl Note See. filed Dec. 13. 1083 eft. Jan. 1. 1984. 651.3 N~urcolden~al farm buildings. The rsqulremenis of this 8ubchapter shall ~,,~ ~in nonresidential farm buildings, incinding, barns, sheds, poultry.houses .and other buildings and equipment on the premises, used directly and solely for agFicuiturs purposes. ~ .... :: ~ ~. Hlotedcal Note PART 652 "~ qUALIT~ OF MAT~ltlAL9 (Statutory authority: Executive Law, §§ 3?5, 37'/) HJsteFIc~l Note Pmrt (~ 662.1) filed De~. IS,' Z983 eft. Jan. S~Ction 6~2.1 ~milt~ o! nmterinis. All malerials, nss~mbiles, c~ne~rnctton and equlpmeut ~hall conforsp to the re~utattone u! this Subchaptor and shall conform in gsnerefly ancapted standards with respect to etrensth, durability, corrcain~ refiuiance, .. fire reeletanns and other qualities recoKflisod under those standards. All test specimens ~nd construction ~ be truly representative of the material, workmanship and det-it- to be used in antua! practice. · / ': .... ' Historical Note 418 EX 6-80-00 LAURY L DOWD Town Attorney VIA FACSIMILE and REGULAR MAIL OFFICE OF THE TOWN AI'TORNEY TOWN OF SOUTHOLD August 12, 199u~ Town Hall. 53095 Main Road P. O. Box 1179 Southold, New Yon~ 11971 Fax (516) 765-1823 Telephone (516) 765-1800 William C. Goggins, Esq. 55000 Main Street P.O. Box 559 Southold, NY 11971 Re: Osprey Dominion Dear Mr. Gogglns: I have considered the request of your clients to lift the stop work order on Osprey Dominion so that your clients can install a driveway, parking lot, drainage basins and an awning for a winery operation. After careful analysis I must conclude that this cannot be done without compromising the town code, which requires a developer to obtain a special exception and site plan approval for a winery. The issues considered by the permitting agencies in this review involve placement of the parking, location of the drainage, number of parking spaces, the needs for buffers and landscaping. It is clearly inappropriate for the town to allow your clients to make substantial commitments towards these issues until they have been addressed by the town. I can assure you that I have spoken to staff at both the Planning Board and Zoning Board and that they have agreed to move the applications along as expeditiously as possible. At this point, progress depends largely on the applicant providing the necessary documentation for consideration by the Boards. I attach the standard instruction sheets for both the special exception and site plan review to show you that your clients are subject to the same documentation requirements as any other applicant, The Town is not holding your client to a more onerous standard. The Planning staff told me that the two foot contour requirement applies only to the parcel being covered by the winery, not all the growing acreage. I am sure that they would be willing to work with the applicant if there are any questions as to exactly what should be covered. William C. Goggins, Esq. August 12, 199~t Osprey Dominion Page 2 I understand that your clients feel that they are simply storing wine in an agricultural building. However, your clients clearly stated that the improvements are not in furtherance of that use. In addition, wine is not an agricultural product like potatoes or grapes, but a manufactured product. In order to use an agricultural building to store nonagricultural products your clients need to seek a variance. I don't intend to pursue this at this time, since this is only a temporary situation until winery permits have been approved, but I feel that you should be aware of the requirement. In conclusion, the Town wishes to work with your client in finalizing the permits to allow the winery. However, based on your clients' representations, the parking lot, drainage and awning are clearly being constructed for the winery and cannot proceed further until the permits are obtained. Please have your clients finalize the permit application documents so the Town can process the necessary permits as soon as possible. Call me if you have questions. ery truly yours. ur Town A~t-~r~Ye y LLD:mls cc: Building Department Planning Board Zoning Board of Appeals NOTICE OF ' POB'LIC HEARINGS"' NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law aRd the Code . of the.,.Town .of Southdid, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hail, 53095 Main Road, Southold, New York. 11971, on , W E D N E S DAY, SEPTEMBER 7, 1994, conunencing'at the times specified below: 1. 7:32 p.m. Appl. No. 4265- PETER DeNICOLA. ~rariance to the Zoning,Or- . dinance, Article IliA, Sec- tion 100-30A.3 for permis- sion to construct deck addi- tion to existing dwlling with a setback at less than the m- quircd 40 feet. Location of Property: 1694 Chablis Path, Southold, NY Lot No. 7 on' the Map of Chardonnay Woods; County Tax Map Parcel N9. 1000-51-3-3.7.--The subject premises contains a total lot area of 40,000 sq. ft. 2..7:35 p.m. Appl. No. 4265- MICHAEL LIEGEY. Variance to the Zoning Or- dinance,:'Article XXIV, Sec- tions 100-241 and 100-243 for permission to renovate, repair and reinstate single- family dwelling use on a substandard parcel. Zone eiSes contains 50.8 acres d in the Agricultural- onservation (A-C) Zone District. 4. 7:45 p.m.' Appl. No. 4264- JAMES and MARY ANN ABBOTT. Variance to the Zoning Ordinance, Arti- ,. cie IliA; Section 100-30A.3 for appmvai of proposed lot- line change between two ex- isting substandard pamels, which as modified will con- rain insufficient lot area and width (with no increase in dwelling density). Location :of Property: 8740 and 8810 Peconic Bay Boulevard, Laurel, NY; County Tax Map Pamels No. 1000-126-5-Lots 2 and 3. 5. 7:50 p.m. Appl. No. 4263- MARY ANN LAHMANN. Variance to the zoning Ordinance, Arti- · cle XXIV, Section 100-244B · for a review of a single-and- separate search and deter- mination that the Town will recognize, this. substandard lot as a distinctly'separate parcel for the purposes of zoning. This is not a subdivi- sion project and will be only a determination pertaining to a non-merged or merged status. Location of Property: 775 Knollwood Lane, Mat- tituck, ~NY; County Tax Map Parcel No. 1000-107-6-6. The Board of Appeals will at said time and place hear District: Hamlet-Business any and all persons or (HB), Location of property: '. representatives desiring to be SoUth side of Main.Road'. (S.R2 ~5), S°uthoM;'~C~:,~nty''-Writtenheard incommentsthe above maymatters'aiso Tax'"Map Parcel qD'~No., h~'~,be submitted, prior to ~he I000-614-7.1. ~,,~ ....... conclusion, of the -subject · .3~' 7:40, p.m. Ap~..~ hearing. Each hearing will 425.7 -~40 SPRE y .!~O~i~ N R$'~lg,? ~: .C02,:~l~ 'not start before the times designated abox~'If you FI~L~I~RICK KOEHI~R,' 'Wish~ to review 'any of the JR. This is an application re- above files or would like to qgesting a Special Exception request mote' information, for approvai Of a new winery please do not hesitate to call establishment in two existing 765-1809 or visit our offic~ farm buildings for the pro- Dated: August 16, 1994 duction and saie of wine pro- . ~ . BY ORDER OF THE duced from grapes primari- ~ ~'.,!!~ '~'~:~'SOUTHOLD TOWN . ly grown in the vineyards,on . ' ' L ,~ BOARD OF ·APPEALS which such winery is located. .'. '- GERARD E Loc'ation of Vineyards ~nd GOEHRINGER Winery Establishment: ~. CHAIRMAN 44075 Main Road (State By:Linda Kowaiski Route 25), Peconic, NY;' ~, IX-8/18/94(9} County Tax Map Parcel No. 1000-75-1-20. The entire COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of TRAVELER-WATCHMAN, a public newspaper printed at Southold, Suffolk County; and that the notic~ of which the annexed is a printe~ copy, has been published in sai( Traveler-Watchman once each wee] for ............................ week: successively, commencing on tb~ .... .... ~o~n to before me on thi: .. ~ ..... day of Notary Public BARBARA A. ~HNEIDER NOTARY PU~)LIC, Stats of New York No. 480684~ Qualified in Suffo(k Commission Expires Page 18-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: [,012 on the first floor? No. MR. CHAIRMAN: No, it's eight and five is thirteen, 1368. Does that sound about right? MICHAEL LEIGEY: Yeah, I believe so. MR. CHAIRMAN: There's really no pertinence other than the loss of which you run into, you know, with the, the way the roof line runs and stuff upstairs, I mean, it's really a first story, second stor~ one built right on top of the other except for the, the little porch area that we went in, you know off the, it's basically towards the back so it's, it's pretty close. Thank you Sir; we appreciate it, we hope we didn't grill you too badly and hearing no further comment I'll make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. ~~Y~MII~i~Di~md~'Fl~ · -- R, ~.~-, which is a winery in Peconic. The legal notice reads as follows: This is an application requesting a Special Exception for approval of a new winery establishment in an existing farm building or buildings for the production and sale of wine produced from grapes primarily grown in the vineyards on which such winery is located. Location of Vineyards and Winery Establishment: 44075 Main Road (State Route 25), Peconic, 7:57 P.M. MR. CHAIRMAN: Ail right, The next regularly scheduled hearing is in behalf of, it's a preliminary hearing in behalf of ~. Page 19-Hearing Transcripts Regular Meeting of September 7, Southold Town Board of Appeals 1994 N.Y.; County Tax Map Parcel No. 1000-75-1-20. The entire premises contains 50.8 acres located in the Agricultural-Conservation (A-C) Zone District. A copy of the existing buildings we have towards the existing buildings are in the way of site plan the original specks from Morton who constructed the back building and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Raynor I guess your on the fire. How are you tonight Sir? HENRY RAYNOR: Good evening, fine, yourselves. I'm Henry Raynor representing the Osprey Dominion Vineyards, Frederick Koehler, Jr. I guess I'm kind of the relief pitcher. Come to think of it I'm not on strike, maybe I'm the relief quarter back in this mess. We're requesting a Special Exception under Section 100-31 B-13 on 50.8 acres primarily a vineyard at this point with two preexisting buildings. On the closed use of the metal building to the north, the one building referred to is for winery production of wine. The stucco building to the south would be used for wineries and sales. Presently we were working with the Planning Board staff to amend and finalize a site plan which is going to undergo some considerable changes with regard to parking and access. The firm of Fairway & Brown has been retained as architects to define better buildings themselves. We are also currently trying to secure both from the County and the State the proper permits necessary for this project. All of these are obviously subject to the Special Exception, decision of the Zoning Board this evening. I think the aspect and the prospects of wineries and uses certainly within keeping of this old Town of Southold. I'd be happy to answer any questions that I can of course. Page 20-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: OK. The, at the time that we were over there we were given or we were comparing to C of Os. The wine tasting building in the front I guess was an existing building on the site and was upgraded by a prior owner from either a barn or whatever it was. HENRY RAINER: That's right, yes. MR. CHAIRMAN: Is there any other CO that you anticipate that would change the normal character of that building at this particular time~ HENRY RAINER: Not outside of the C of O, you know the use occupancy itself being changed from an agricultural building on an agricultural use of property to that of the flexible Special Exception that may be granted by the Board. MR. CHAIRMAN: So, there's no anticipation of a of utilizing the second floor for any type of habitable reasons for a ..... HENRY RAYNOR: None whatsoever. MR. CHAIRMAN: No extensive kitchen areas added to the building? HENRY RAYNOR: None at all. MR. CHAIRMAN: So pretty much the way we see it is the way we're going, it's going to be presented and remain so on and so forth.. HENRY RAYNOR: With the two possible, two possible changes indicated by Planning Staff, one would be the correction of the area from the curb cut north the the stucco building there's considerable problems with the old site plan in showing a very sharp almost 90 degree turn to the west which we intend to eliminate and their relocation are further north of the parking their indicating that they would like more green in the front of the buildings close to parking which makes good sense. Page 21-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: OK. Now, as for the second building which was I assume originally constructed on by the prior owner for the housing of the actual, the wine itself, there isn't any, anything that would, that we will see in the future, I mean in the immediate future that will change that building as it exists right now? HENRY RAYNOR: It's my understanding that the entire building and the plotformto this, to the rear of the concrete area is necessarily for the production of wine on the property and then building outside possibly having people on a tour walk through and around the winery equipment would be the sole use. MR. CHAIRMAN: So basically the only thing that we haven't seen there is the site plan which you're working on independently with the Planning Board and any major grading changes that may occur based upon that to include parking lots and greenery and so on and so forth. HENRY RAYNOR: That's correct. The grader is still working on species and street trees and shrubs that have to be incorporated into the landscape plan. MR. CHAIRMAN: I, I, this is not a catch 22 statement OK. Having been of course and I should recognize the a Member of the Planning Board in this great town is there any indication of when you may finalize this or at least get to a point where there's a fairly amicable agreement between you and the Planning Board? HENRY RAYNOR: I think it's already been reach. MR. CHAIRMAN: Oh! It's reached, OK. HENRY RAYNOR: I have instructed the architects to revise and with consent of the owners we are advising for their specifications. Page 22-Hearing Transcripts Regular Meeting of September 7, Southold Town Board of Appeals 1994 MR. CHAIRMAN: OK, so there's a possibility that once, once this is revised we can get a copy of that and then what I'm eluded to is that we are probably not going to make a decision until you, until we get what I would construed to be a, a somehwat of a favorable site plan from the Planning Board in which they are going to say "yes, we're happy with this" and then we're going to comit to a, to a special permit based upon the entire project. ~ HENRY RAYNOR: It's very understandable. MR. CHAIRMAN: And so we have found that in the past two situations that being the actual really perfect situation to deal with as opposed to you know coming back with changes or whatever the case may be. HENRY RAYNOR: No, I, I completely concur we want to coordinate the time with both Boards and basically the time factor involved is the applicant has changed surveyors and the result of which is the physical survey of the property was something of a time consuming factor. I probably will suggest to him as a result of your import tonight that we take the physical typographic survey from Route 25 and extend it north of the north most building a couple hundred of feet which is the area really in question with the site plan and which is closer to your debit survey for the remainder of the vineyard if that, if that's acceptable. MR. CHAIRMAN: That's fine. HENRY RAYNOR: I know what it is staff of the Planning Board at this point. MR. CHAIRMAN: Good. what are they, what is are you anticipating? to the Planning Board or the What's the anticipation with the pond? What, the Planning Board staff suggesting and what Page 23-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals HENRY RAYNOR: The Planning Board has suggested that it be maintained and my suggestion to the applicant is not only should it be maintained we may possibly regrade the front section so that we have more ( ) because that pond is very low at this point and it should be a grader elevation as to the pond that is directly to the west of it is considerably more built. I would even like to explore with the Board the use of the drainage system to intergrate that as an ov~rf]ow system to that pond providing the Board finds it as such. MR. CHAIRMAN: Are you going to expose the pond in any, in any type of way other than regrading the front of it? Wi]] there be any trees removed, you know on the westerly side or the northerly side of the You're talking about different ponds. ( ), there's nothing there. There's one to the north east, there's, there's one large tree which is .... MR. CHAIRMAN: I know you don't own that entire pond to the east. You're referring to the west of this ..... MEMBER DINIZIO: No, he's referring to .......... (More than one person speaking at one time.) MR. CHAIRMAN: Oh! I'm sorry I was referring to the easterly pond. HENRY RAYNOR: The easterly pond? MR. CHAIRMAN: Yes. HENRY RAYNOR: No, there's no, no, outside of regrading within that area up to the pond we have nor grading plans for that. If you have some suggestions at this juncture they'd be more than happy to pond? MEMBER VILLA: HENRY RAYNOR: Page 24-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals entertain this. MR. CHAIRMAN: MEMBER VILLA: them because we are essentially starting from square one on I don't have any at this point. Questions? Yes, my only question was the building that you have, the one to the east, not the one that's going to be tasting, their not planning on enlarging that at all because in speaking to the owners the, it turns out that this going to be the second largest vineyard as ~ar as acreage goes out here. Now, that building right now has wine stored in it but the equipment really isn't setup for you know producing wine that I could see that much of it. Now, there going to be enough room in what they produce? HENRY RAYNOR: I'm not an stretch of the imagination. expert on it. It's my production to what they when they get into full production is there for production and storage of expert on producing wine by any I taste it once in a while, but I'm not an understanding that they have gauged the presently have, the 50 some odd acres. Outside of another phase or another acquisition I'm not knowledgeable. MEMBER VILLA: I understood they had like 90 acres of vineyards, or would have and I was just wondering if that building was going to be adequate because there's no, there's no basement that I'm aware of. HENRY RAYNOR: No, no, it's a slab building and again you know in order to process it has to be primarily grown on their own property. MEMBER VILLA: Well, they own other vineyards. They own other properties as far as I know. HENRY RAYNOR: But this site, this site to my knowledge is bound by the 50.8 acres under which this application was given for (). Page 25-Hearing Transcripts Regular Meeting of September 7, 1994 Southo]d Town Board of Appeals MEMBER VILLA: I was just curious as to whether the building was going to be adequate or whether he'd be back for an expansion. HENRY RAYNOR: I couldn't tell you five or ten years from now. MEMBER VILLA: OK. MR. CHAIRMAN: Thank you Mr. Raynor. I'll see if anything else develops. MR. RAYNOR: Thank you very much. MR. CHAIRMAN: Is there anybody else would like to speak in favor of this application? Anybody like to speak against the application? VIRGINIA DRAPER: My name is Virginia Draper. I'm one of the co-owners of the property at 14 a 44255 Main Road. It's the property directly next door to this proposed vineyard. I'm a little bit concerned about some of things that I see in the papers and some of things that I've been able to ascertain and it's rather difficult for me to really know since the plans are really available to know exactly what is proposed and therefore some of my questions are in the light of the fact that I don't know what's proposed. My understanding is that it is an Agricultural Zoning and I'm not terribly familiar with what is allowed in an agricultural area. Now, the notice that was sent to the homeowners that was within 200 feet of the property stated that they wanted to special variance. MR. CHAIRMAN: Special Exception. VIRGINIA DRAPER: I beg your pardon. MR. CHAIRMAN: Special Exception. VIRGINIA DRAPER: Special Acceptance. Special Exception, OK. For a winery that was in the all ready existing metal building. There was Page 26-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals no mention of two buildings and therefore I don't know, if everything is to happen in the one metal building then what is the purpose of the second smaller building? MR. CHAIRMAN: Well, that's basicaily an entertainment building. VIRGINIA DRAPER: An entertainment. MR. CHAIRMAN: That's where the wine tasting actually occurs. DRAPER: Will there be any other activities beside~ wine VIRGINIA tasting? MR. CHAIRMAN: Well, that's a very interesting question because we have in the past granted gazebos to wineries and so on and so forth so it's something that could be coming in the future. I don't know if it's necessary generic to this particular site, all right, and I know that's of your most concern. I just want to say we'll, we'll ask the applicants agent to answer that but I just want to say something ma'am. VIRGINIA DRAPER: Yes. MR. CHAIRMAN: This is only preliminary, OK and what we're going to do is we're going to have a finai hearing here and hopefully as you had heard me ask Mr. Raynor we are going to get the actual blue print of what's going to occur. So, at that particular point you will have a chance to study that and then ask us any questions. That doesn't mean that I'm restricting you from speaking tonight. I mean you're certainly to bring up any concerns that you may have. VIRGINIA DRAPER: OK. MR. CHAIRMAN: Mr. Raynor I hope you don't mind me using the word "entertainment" for the front building because that is basically what you're doing. You're entertaining the wine. Page 27-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals HENRY RAYNOR. Not at all. It's basically is for a tasting building. I would be more than happy if this is a preliminary hearing to show Mrs. Draper the plans and the proposed changes that the Planning Board has discussed and any questions that she may have I'd be more than happy to send on to the applicant and get her an answer. VIRGINIA DRAPER: All right. Thank you. OK. Because it's, if that building is going to involve entertainment --- MR. CHAIRMAN: I shouldn't have used that word, but --- VIRGINIA DRAPER: Well! Wine tasting, let's go back to the terms that you used before. That means that you're inviting the public in. MR. CHAIRMAN: Right. VIRGINIA DRAPER: And with the public comes added traffic and a need for additional parking what I see proposed because wineries are very popular now and bus loads of individuals come and they tour the winery and they go through the taste testing as well as you know this is, Southold is a very popular place for summer residents and I'm sure you're going to have a number of people coming. Where are you going to put these cars? MR. CHAIRMAN: Well, he says he has just finalized the site plan and we don't have it reduced to a blue print. Once we get the blue print he has told me that he will furnish you a copy of it or at least show it to you and then if you have a specific concern regarding this parking scheme, I use that phrase or word then you can voice an opinion. In no way again am I trying to restrict you because I don't know at this point where exactly. I think most of the parking is going to be to the westerly side of the property. That was the direction we have. We had Page 28-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals toured this winery a week ago Saturday and this vineyard actually because it's not a ~winery yet and we had spent about an hour there with the owners and that's what they were telling us at that particular point. But again, we have not seen it reduced that's why this is a preliminary hearing and once we get it actually finalized and we have the Planning Board saying "yes this is the way we're happy with the parking", then we will have a final hearing at which point you ~jll be given as much latitude as you want in reference to questioning and the applicants will be here. They have told me that tonight they are out of the country and that is the reason why Mr. Raynor is the sole person here representing them. Just so, you know, so you understand the whole, the whole situation here. VIRGINIA DRAPER: OK, because that would be a primary concern. MR. CHAIRMAN: No question about it. VIRGINIA DRAPER: Secondly, I was concerned about the pond that's a ..... MR. CHAIRMAN: In back of your house, yes. VIRGINIA DRAPER. Is it in the back? It seems to be some, some discussion there whether there's some wetland behind our property and whether there is to be a man made pond on the side of the property. HENRY RAYNOR: No, there's no plan to build any ponds on the side of your property and there's certainly a swale area that runs to the east of this property and again I think a lot of your questions wi]] be answered if I can show you what I have. MR. CHAIRMAN: You have that with you tonight, Mr. Raynor? Page 29-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals HENRY RAYNOR: I have a copy of the old working and I'd be happy to show the revisions ..... MR. CHAIRMAN: Why, why don't we do this Mrs. Draper. Why don't we just recess this for a couple of minutes and we'll have Mr. Raynor show it to you. If you have any specific concerns we'll reconvene it and then you can mention all your concerns at the next meeting. Again, I'm not restricting you in any way, manner or form, ~ this point. This is, you know, it's, it's an emanating project, it's a large project and you know, you raise some very interesting points. There's no question about it. We've done this before, we know Mr. Raynor is an absolute gentleman and well not absolute, he's a gentleman and I'm sure that he'll explain it to you and then your welcome to come back, in about 15 to 20 minutes and we'll reconvene. VIRGINIA DRAPER: Thank you so much. MR. CHAIRMAN: Your welcome. Hearing no further comment, I'll make a motion recessing for about 20 minutes. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. 8:20 P.M. MR. CHAIRMAN: The next appeal is in behalf of JAMES and MARY ANN ABBOTT. It's appeal number 4264. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of proposed lot-line change between two existing substandard parcels, which as modified will Page 44-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MEMBERS: Aye. MR. CHAIRMAN: ANN SHANNON: MR. CHAIRMAN: Thank you so much. Thank you. All right. Quickly (At this point there was a health emergency of Mr. taken to call the ambulance.) Ross. Recess was 9:12 P.M. Appl. No. 4257 OSPREY DOMINION CO. and FREDERICK KOEHLER, JR., reconvened. MR. CHAIRMAN: All right, I mean I'll make the motion and you second it. MEMBER DINIZIO: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. MR. CHAIRMAN: Mrs. Draper it's, I understand that you spoke to MR. Raynor, both of you ladies spoke to Mr. Raynor and he is going to furnish you with any information that you need and so we will probably see you at the final hearing. Is that all right? VIRGINIA DRAPER: That's fine. MR. CHAIRMAN: All right. We thank you Mr. Raynor for taking these ladies comments in consideration and we thank you for coming back. Hearing no further comment, I'll recess the hearing until the actual map is finalized and we hope that's in the very near future. offer as a resolution gentlemen. Page 45-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MEMBER VILLA: MEMBERS: Aye. Second.MR. CHAIRMAN: All in favor? 9:12 P.M. Appl. No. 4258 - THOMAS F. McKENZIE. MR. CHAIRMAN: The last hearing of the, agenda is a rec~vene hearing and the last meeting a couple of neighbors were not present and that is the McKenzie hearing. I'll reconvene the hearing. I see Mr. McKenzie as not being here and we will ask those nice people in the audience to voice their concerns. Gentleman in the striped shirt I think was .... . I said that you want to voice your concern over the McKenzie. JOSEPH FUDJINSKI: Yes, is this part of the meeting now? MR. CHAIRMAN: Yes, yes. Use the mike and just state your name if you would Sir. JOSEPH FUDJINSKI: Good evening. My name is Joseph Fudjinski. My wife and I own property that abuts the whole area of the proposed barn, garage and storage area and horse corral, 150 feet of all right next to my property. My property is known as "Whitecap" in Suffolk. I rent, furnish, 6 furnished summer apartment. The place has been in business for 65 years. I have operated it for 28. This represents a very bad thing for me. The problem with the horses is, is almost self evident. The horse manure, flies, the urine. All of act, one whiff of it and my business is down the tube. Another problem is the new septic we have are very shallow aquifer. Only 18, 15, 18 feet down, NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBy GIVEN pursuant to Section 267 of the Town Law and thc Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OE APPEALS at thc Southold Town liaU, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, SEPTEMBER 7, 1994 commencing Agricultural-ConserVation (A-C) Zone STATE OF NE~YORK) ) SS: COUN .T~ 0~. SUFFOLK) e~O~ f~. [t~O~..~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUffOLK Tn~'-~J, 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 ~ weeks successively, ~qmmencing on the ~ day of ~=~ 1~_. CHRISTINA VOLINSKI [~ ! ,~ - , . Notary Pubhc. State of New York [ JAAI~. No. 5~8~ ~/ ~ ............... , Oualifi~ in Sufl~k ~unW ~ ~ ~p~ Clerk Commi~n ~a ~ ~ t~ I ~m ~ ~fo~ me ~~ The Board of Appeals will at said time and place hear any and all pcr-~ re rescntatives desiring to be ing. Each hearing will not start thc times designated above. If ydu or would fikc to ~quest more informa- tion. please do not hc,~itate to cafi I $0~ or visit our office. Dated: August 16. 1~94. BY ORDER ( BOARD OF GERARD P. GOEI IRINGER CHAIRMAiq By IAnda Kowa. lski g032-lTAulg ' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 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 ~ be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, 11971, on WEDNESDAY~ SEPTEMBER 7~ 1994 times specified below: Southold, New York commencing at the 1. 7:32 p.m. Appl. No. 4265 - PETER DeNICOLA. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a setback at less than the required 40 feet. Location of Property: 1694 Chablis Path, Southold, NY Lot #7 on the Map of Chardonnay Woods; County Tax Map Parcel No. 1000-51-3-3.7. The subject premises contains a total lot area of 40,000 sq. ft. 2. 7:35 p.m. Appl. No. 4265 - MICHAEL LIEGEY. Variance to the Zoning Ordlnanee, Article XXIV, Sections 100-241 and 100-243 for permi-~sion to renovate, repair and reinstate single-family dwelling use on a substandard parcel. Zone District: Hamlet-Business (HB). Location of Property: South Side of Main Road (S.R. 25), Southold; County Tax Map Parcel ID No. 1000-61-4-7.1. Page 2 - Legal Notice Regular Meeting of September 7, 1994 Southold Town Board of Appeals 3. 7:40 p.m. Appl. No. 4257 - OSPREY DOMINION CO. and FREDERICK KOEHLER, JR. This is an application requesting a Special Exception for approval of a new winery establishment in two existing farm buildings for the production and sale of wine produced from grapes primarily grown in the vineyards on which such winery is located. Location of Vineyards and Winery Establishment: 44075 Main Road (State Route 25), PeconJc, NY; County Tax Map Parcel No. 1000-75-1-20. The entire premises cont~in-~ 50.8 acres located in the Agricultural-Conservation (A-C) Zone District. 4. 7:45 p.m. Appl. No. 4264 - JAMES and MARY ANN ABBOTT. Variance to the Zoning Ordln~nee, Article IIIA, Seetion 100-30A.3 for approval of proposed lot-line change between two existing substandard parcels, which as modified will contain insufficient lot area and width (with no increase in dwelling density.) Location of Property: 8740 and 8810 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcels No. 1000-126-5-Lots 2 and 3. 5" 7:50 p.m. Appl. No. 4263 - MARY ANN LAHMANN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for a review of a single-and-separate search and determination that the Town will recognize this substandard lot as a distinctly separate parcel for the purposes of zoning. This is not a subdivision project and will be only a determination pertaining to a non-merged or merged Page 3 - Legal NotiCe Regular Meeting of September 7, 1994 Southold Town Board of Appeals status. Location of Property: 775 Knollwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-6. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: August 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By I.inda Kowalski X 8;26' ~c. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION 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 July 29, 1994 ZONING APPEAL APPL. NO. 4257 - FREDERICK W. (Special Exception) KOEHLER, JR. Transmitted herewith is ZONING APPEAL APPL NO. 4257 - FREDERICK W. KOEHLER, JR. together with a copy of the deed, the Certificate of Occupancy for the Agricultural Barn, the Certificate of Occupancy for addition to accessory, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a map of proposed plan, the Notices to Adjacent Property Owners, and a copy of the Site Plan. Judith T. Terry, Southold Town Clerk '*'"'"'BENT BY:FW KOEHLER & BON5 ; 7-27-94 ; 9:52AM ; FORM NO. 4 TOWN OF, SOUTHOLD BUILDING DEPARTMENT Office of the Bulldlns Inspector Town Hall Southold, N.Y. Cerfificaie Of Occupancy 5168944649~ 5167551529;~ 2 Z-ISIg8 January 13 1987 No .................. Date ....... ' THIS CERTIFIES that the bufldln~ A S r i e u 1 t u r a Z b a r n . . . ' ~tion of~o~erty'. ...... Pecon~c, Ney ~. · ............ , · ~t H~let CountyT~pNo 1000~ction 07~' 31o~ ~,~ ~t ~ ' Subdivision ............................... F~d Map No ........ -.~t No .............. conto~s substam~ly to ~e Application for B~d~ Pe~it heretofore ~d in t~ offlca' dated October 23, lg86 ".. · pmsu~t to w~ch B~I~ Pe~t NO 15449 z dated October 30~ 1986 .................................. ~ wm issued, ~d conforms to a~ of th~ requ~mcnts of rite appli~ble provhlons of thc ls~, ~e o~up~oy for w~ch t~s cer~te b i~u~ b ......... AGRICULTURAL BARN ~e ~r~fic~te h i~ued to BARR V INEYA~D b~D. of tho a~oresaid b~d~g. S/A Suffolk County Depart~ont of H~ Appwv~ ....... · ................................... UNDERWRITERS C~RTIPI~TE NO .................................................. PLUHBERS CER~XFICA~ZON'DATED~ N/A Rev. 1/~1 "~"~$ENT 8Y=FW KOEHLER & $ON~ ; ?-2?-94 ; ~:52AM 5166944649* 516765152~;# 1 FORM NO~ 4 TOWN OF SOUTHOLD ~UILDING DEPARTMERT Offic~ of the Building Inspector Town Hall Southol~, N.Y. CERTIt'±CATE OF OCCUP~CY No Z-22803 Date DECEMBER 17t..%993 THIS CERTIFIES ~ha= the builS~-g Lo=~ticn of Property 4407~ HAIN ROAD ~ouse No. County Tax Map No. 1000 Section 75 Sub~ivislon ADDITION TO ACCESSQ~ . [~CONICt NEW YORK Street Hamlet Block 1 Lo= 20 Filed Map No. L~ No. conforms subs~aatiallx to the Ap~lication for sa~]sI,g Pen=it heretofore filed ~n ~his office dated Y~/~CH 2~t [~86 pursua~ ~o which Bull~ing Permit No. 14684-Z dated MARCH 20~ 1~86 ...... was issued, aha conforms to all of the requirements of the applicable provisions Of the law. The occupancy for which this certificate is issued is ADDITION TO EXISTING ACCESSORy BARNAS API~L~ FOR. 2he certificate £s issued to OSPREY DOHINXOR CO. of ~he aforesaid building. SUFI~OLK COUNTY DEPART~u~mT OF H~AL~A~PROV~iL UNDERWRI~"vJ~RS CERTIFICATE NO. N-280569 ~.JUNE 22r 1993 PLUMBERS ~RTZFICATION DATED SEPT~ 15t.1993 Rev. 1/81 QUESTIC}rNAIRE FOR FILING WITH.. YOUR Z.B.A. APPLICATION A. Please disclose the n~mes of : the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be a}~ached.) B. Is the su~j~c~ premises liste~ on the real es~a~e mar~e~ ~or ~ sale or being shown to prospective buyers? { } Yes {~} No. (If ~as, pl~= a~h c_o~y of "condit~nn~. of C. Are ther~ ~y ~upcsal~ tu ~an~e ~r alter 1Hnd c~ntc~u? { } Yes ~} No 'D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shcwn on the map s~bmitted with this application? 3. Is the propert~ bulkheaeed between the wetlands area and the upland building area? 4. If your property contains wetlan=s or.pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~A~, (If not applicable, state"N.A.,,) · F'. Are ther~ any patios, concrete barriers, bulkheads or fen~_s which e~ and are not ~h~n on the survey mad that you submitting? ~ If none exist, please state "none." . G. Do you have any construction taking place at this time concerning your premises? a/~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you gr any Co-owner also own other land close'to this parcel? A/~ If yes, please explain where or submit copies of deeds. I. Pleas. eli. st present Use operations conducted at this parcel V;~_~.. or proposed use - ~,p~ ~jq~ ~ and ~ 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town' ~f Southold. TRUSTEES -- The Booxd of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984{ '~'f~TL.~,~S [Amended 8-26-76 by ~ No. 2-1976; 3-26- 85 by ~T. N~ ~19~ -.'",-. ,~', '-~ ~r ~I'DAL WETLANDS: (I) All lands ~enerally covered or in~rmittently cov- ered with. or which boroer on. tidal wa~. or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters ~ a maximum depth of 'five (5) feet. including bu~ no~ limited ~ banks. bogs. sal~'marsh, swamps, meadows, fla~ or ocher Iow lying lands subj~c~ m tidal action; (2) All banks, bogs. meadows, fla~ and tidal marsh subjec~ to such ~ides and Upon which grows or may grow some or any of the followin~ salt hay. black grub. 'saltwort, sea lavender. ~11 cord~s, high bush. cattails, gruun~eL m~s~nllow ~d (3) All ~d immedi~te~ud~ucen~ a tidal w~iand defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER~ · VETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, ~ 2.1-0107, Subdivisions l[a) io l(d) inclusive. of the Snvironmen~i Conserva6on L~w of the S~te of New York:.und (2) Al{ }and [mmcdinte{y adjnccnt to u"freshwater Wet- {and."as defincd in Subsection B(1) ~nd · in seventy.five (75) feet [nndward {ymg with- of the most w~rd edge of a "freshwa~r wedand." 9705 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To he comoleted by AD!=ticant or Proiect sponsorl 3. PROJECT LOCATION: I ew ~ Expansion ~ Mo~fflcatfonlalt eral~o~ 6. DESCRIBE PRO~ECT BRIEFLY: SEQR · RYes []NO If No, describe ~rletly 9. WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT? 'Dl$Crltl:E]~esi°entlal I~----.Inclusti'ial E]Commetctal ~'~gricuIture 10. DOES ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY IFEDERAl. [] Yes ~tO . I CERTIFY THAT THE INFORMATION PROVIDED AEIOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I! the action is in the Coastal Area, and yo,J are a state agency, complete the J Coastal Assessment Form before procoeding wilh this assessment I OVER 1 'iContinued on revers'e side) The N.y.s. Environmental QuaLity Review Act requires submission $~ORT ~NVYRONME~TAL ASSESSMENT FO~ INSTRUCTIONS: (a; In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information COncerning the project and the likely impacts of th~ action. It is not expected that additional studies, researo~ mr other investigations will be undertaken. (b) If any question has been answered Ye~ the pro,eot may be Sig- nificant and completed Environmental Assessment Form is necessary. project is If all questions have been answered No it is likely that the net signi~ioant. Environmental Assessment · 1. Will project result in a large physical change to the prelect Site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unioue or u~ual la~d form on the site? ' 3. Will project alter or have a large effect on an existing body of water? 4. WAll project have a potentially large impact on groundwater quality? 5. WAll project significantly effect drainage flow on adjacent sites? 6. WAll project affect any threatened or endangered -plant or animal species? 7. Will project result in a major adverse effect on- ..air quality?· 8. 13. or safety? 14. Will project affect the existing community by direcEly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year period o__r have a major negative effect On the character of the community or neighborhood? 15. Ia there public centre oncerning Preparer'='$i~nature: ~es '~ NO Yes~ NO Will project have a major effect on visual char- 'known to be important to the community~ 9. Will· project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? 10. Will project have a m~jor effect on existing or future recreational opportunities? ._._Yes~__~No 11. Will project result in major traffic problems or cause a major effect to existing transportation Will project regularly ~ause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result o~ the project s operation? Will project have any impact on public health ~_..Yes~ No ~%es~ No ~17.21 Appendix C State Envfronmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comoleted by ADplicant or Proiect sponsor) ~ - ~ * I 2- PROJEOTNAME SEQR Initially /D acres Ultimately "~' ~'~'~ ac~es WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? r'"I.Resiaantlal ["~. In<~ustNal E] Commercial :~griculture 10, DOES ACTION INVOLVE A PERMIT APPROVAl_ OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl_ ,2. AS A RESULT OF PROPOSED ACTION W'LL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I! the action is in the Coastal Area, and you are a state agency, comptete tile Coastal Assessment Form before procoeding with this assessment OVER 1 -iContinued on reverse side) The N.Y.S. Environmental Quality Review Act reouires submission · before any action is taken. INSTRUCTIONS: project and the likely impacts of the action. It is not expected that (b) If any question has been answered Yes the pro,oct may he sig- (c) If all questions have been answered No it is likely that the project is not significan=. '{d) Environmental Assessme~ · 1. Will project result in a large physical chanqe to the project site or physically'alter more than 10 acres of land? . 2. WAll there be a major chanqe to any unique or u~ual land form on the Site? ' ' Yes ~No 3. Will project alter or have a large effec= on an existing body of water? Yes~___._No 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow ""' on adjacent si~es? 6. Will project affect any threatened or endangered -plant or animal species? 7. Will project result in a major adverse effect on :air quality? 8. Will project have a major effect on visual char- 'known to be important to the community? . .__Yes~ NO 9. Will. project adversely impact any site or Struct- ure of historic, pre-historic, or paleontologioal importance or any Site designated as a critical envircnmental area by a local agency? ~Yes~ No 10. Will project have a m~jor effect on existing or future r~creational opportunities? _~Yes~____.No 11. Will project result in major traffic problems or cause a major effec~ to existing transportation '' ' systems? · --.--Yes _~ NO 12. Will project regularly ~ause objectionable odors, 13. Will project have any impact on public health 14. Will project affect tho existing community by ~¥~s~____No directly causing a growth in permanent POpula- tion of more than 5 percent OVer a one-year s~ period o__r have a major negative effect on the .__.Ye No character of the community or neighborhood? I$. Is there public c°ntrover~oncerning the QUEST!C~AIRE FOR FILI~;G WITH YOUR Z.B.A. APPLICATION A. Please disclose the n~es cfr the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the su~jec~ premzses lis~ea on the real estate marxe= ~or sale or being shown to prospective buyers? { } Yes C. Are there af~y p~upo~ats tD ~ange u~ alter l~d c~=c~u? { } Yes {~} No D. 1. Are there any areas which contain wetl~d grasses? 2. Are the wetland ~eas shown on the map s~mitted with this application? 3. Is the pro~ert~ bul~eaaed between the wetlands area and the upland building area? 4. If your property contains wetlands or.pond areas, have you contacted the Office of the Town Trustees for its dete~ination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~.~. (If not applic~le, state "N.A.") F. Are thee any patios, concrete barriers, bulkheads or fe~ which e~t ~d are not ~h~ ~ ~e survey map that you ~a s~mitting? ~N~ If none exist, please state "none." G. Do you have any construct$on taking place at this time concerning your premises? ~ If yes, please submit a copy of your building pe~it and map as approved by the Building Depar~ent. If none, please state. H. Do you or any Co-owner also own other land close'to this parcel? . ~D If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~'/~l~r'~ ~' Z"~ and Auffaorize~--~'g'na~ure an .oard ' 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Souchold. TRUSTEES -- The Board of Trustees of the Town of Sou~hold. [Added 6-5-84 by L.L. No. 6-1984] W'ET'L.~,~',FDS [Amended 8-26-76 by L.L. No. 2-1976; 3-2G- ,~T' ~I'DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with. or which border on. tidal waters, er lands lying' beneath tidal waters, which at. mean low tide are covered by tidal waters to a maximum depth of 'five (5) feet. inoluding- but not limited to banks. bogs. salt.'marsh, swamps, meadows, fla~s or other Iow lying lands subject, to tidal action; (2) All banks, bogs. meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay. black grass, saltworts, sea lavender, tnH cordgras$, high hush, cattails, groundseL ~'t~'shrn-~Uow and (3) All land immediateb'adjacent~a a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Fresh~vater wetlands" as defined in Article 24. Ti- fie I. § 21-0107, Subdivis{ons l(a) to l(d) inclusive. of thc Environmental Conservation Law of the State of New York; and All land {mrnediateR. adjacent to a "freshwater wet- land." as defined in ~ubsection 13(11 and lying, with- in seventy, five (75) feet landward of the most land- ward edge of a "freahwater wedand." CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT ' THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THISINDENTURE, madethe ~'~-?~dayof February BETXVEEN BARCLAYS BANK OF NEW YORK, N.A. ~ower 49, 12 East 49th Street New York, New York 10017 nineteenhund/ 4"Ani, ge Y.,Tthre partyofthefirstpart, and OSPREY DOMINION CO.,a Co-Partnership 71 Carolyn Boulevard, Farmingdale, New York ;,:o41'.) 11735 party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valnable consideration paid by the party of the second part, does hereby grant and release unto thc party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain pict, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingandbeing~R~ at Peconic, in the Town of Southold, County of Suffol State of New York, bounded and described as follows: BBGINNING at a point on the northerly side of Main Road, at the southwesterly corner of the premises, being the southeasterly corner of land now or formerly of Irving and George Newman; THENCE North 36 degrees 34 minutes 10 seconds West along the last mentioned land 1659.10 feet; THENCE South 47 degrees 19 minutes 50 seconds West still along the last mentioned land 527.21 feet; THENCE North 38 degrees 46 minutes 00 seconds West still along the last mentioned land 35.65 feet to land now or formerly of the Buckingham Estate; THENCE North 40 degrees 08 minutes 30 seconds West along the last mentioned land 886.47 feet to land of the Long Island Railroad Company; THENCE North 44 degrees 53 minutes 10 sec¢ t ast along the last me. ntioned land 1207.62 feet to land now or form- y of Seymour Tobin, THENCE South 39 degrees 13 minutes 30 secon¢ along the last mentioned land 2366.94 feet to land now or form- erly of A. Walton; THENCE South 44 degrees 50 minutes 10 seconds West along the last mentioned land 251 .05 feet; THENCE South 29 degrees 58 minutes 20 seconds East still along ~he last mentioned Land 229.85 feet to the northerly side of Main Road; THENCE South .44",d~g~e'e'sj 5~i~;ni~utes 10 seconds West along the northerly side of Main'~R0adj 354.%48 ~eet; and THENCE South 42 degrees '06 minutes West st~bl~.a~ong~t~e,nor~herly side of Main Road 99.93 feet to the point or plad'e~'~f 'BEGINNING. RECEIVED. . ~. REALESIAIE : .... FEB 16 199 t ~,, SUFFOLK '" TOGETHER w th all right title and interest, if any, of the party of the first part in and to any streets at roads abuttiug the above descried prem ses to the center lines thereof; TOGETHER with the appurlenanc and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND T HOLD the premises herein granted unto the part~ of the second part, the heirs or successors and ~ssigns, {he part~ of the second part ~oreYcr. AND the party of the first part covenants that the party of the first part has not done or suffered anythi~ whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, n compliance w t ~ S,e,~tion 13 of the Lien Law covenants th,a,t the party the first nart will receive the consideration for this co~xcyance and w mod the right to receixe such consi eration a~ a trust fund to be applied first for the purpose of paying the cost of the improvement and will apl the same first to the payment of the cost of the improvement before using any part of the total of the stone i any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requir IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first abc written. _ _Iji~/kud) P. R_OMA?_k...Z. , APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning C~,,,~ssion: __Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector x Special Exception, Article III , Se~tionlo0-3) B('13) __Special Permit Appeal No: SE-4257 Applicant: Osprey Dominion Co..& Frederick Location of Affected Land: 44075 Main Rd., Peconic, NY County Tax Map Item No.: 1000- 75-1-20 Within 500 feet of: Koehler, Jr. __ 'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) 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 permission~x for. approval of a new winery ~tmhlishm~nt in twn existing farm h,Jildings for the production and sale of wine. Copies of Town file and related documents enclosed for your review. Dated: September , 1994 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Or~owski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 4~ 1994 Victor Lessard, Agent Osprey's Dominion Vineyards, Ltd. 1800 Westphalia Road Mattituck, NY 11952 RE: Osprey's Dominion Vineyards Ltd. Main Road, Peconic SCTM~ 1000-75-1-20 Dear Victor, The Planning Board has received your preliminary site plan pre-submission. Preliminary comments are as follows: · Existing and proposed contours at intervals of (2) feet or less must be shown on site and 200' beyond the property line. Pond must be shown. Any possible wetlands must be shown. Site plan should say winery and vineyard. Paved areas must be indicated, including entrance at State Route 25. · Waste water, potable water, and sanitary facilities for both buildings must be shown. · Drainage calculations for new structures, including new parking area, must be shown. ~Type and wattage of any outdoor lighting must be shown· Sign sketch (to scale) showing color and type of lighting. Landscaping plan. Pavement at front entrance to prevent bluestone from drifting on to Route 25. · Name and address of landowners of record. · Separate key maps showing owners within 500', at a scale of 1" = 100'. · Location of any cultural or historical features. · Street trees forty feet on center along main road. . Location of water and electrical service, transformers, dumpsters etc. · Handicapped access and parking. · Floor plans and elevation drawings. In addition to the above New York State Department of Transportation review and curb cut permit and Suffolk County Department of Health Services review must be accomplished before any possible approval can be obtained from this Board, The above should not be considered a complete list of all elements of the site plan, you should reference Town Code 100-256 (technical data). Additional comments will be forthcoming when the Board receives a compI~te application. If you have any questions, or require further assistance, please contact this office. Chairman cc: Thomas Fisher, Senior Building Inspector Gerard P. Goehringer, Chairman. Zoning Board of Appeals Laury Dowd, Town Attorney LANNING BOARD MEMBERS / ' 'Richard G. Ward, Chairman / George Ritchie Latham, Jr. / Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 TO: FROM: RE: PLANNING BOARD OFFICE TOWN OF SOUTHOLD Thomas Fisher, Senior Building Inspectoriil~ Robert G. Kassner Status of Osprey Dominion Winery ~ Main Road Peconic SCTM# 1000-75-1-20 DATE: August 8, 1994 On Friday July 29, 1994, Mr. Victor Lessard, agent for Osprey Dominion winery came to the Planning Board office to have a pre-submission conference on the above referenced project. A brief review was made of a preliminary site plan~. I informed Mr. Lessard that the Board would require several documents before the Board could review the plan. I asked for, and Mr. Lessard agreed to provide, the following documents: A letter from the winery authorizing Mr. Lessard to act as agent. A written description of the proposed project. A letter listing the owners of the property. The above three documents were provided by Mr. Lessard. The Planning Board does not have an application for a winery before it as of this date. The Board will respond to Mr. Lessard with comments on the incomplete plan which was reviewed by the Board at its work session on August 1, 1994. Print Key Output Page 1 5738SS1 V2R2M0 920925 SOUTHOLD 12/07/94 09:15:29 Display Device : DSP15 User : LINDAK CURR W/ NXYR 473889 SOUTHOLD 75.-1-21 44255 MAIN RD = OWNER & MAILING INFO === DRAPER VIRGINIA & LINGO ELEANOR 6 WEST DRIVE EDISON NJ 08820 NYSRPS ASSESSMENT INQUIRY SCHOOL SOUTHOLD SCHOOL PRCLS 1 FAMILY RES DATE : 12/07/94 ==DIMENSIONS ===1 ....... SALES ACRES 1.00 IBOOK 11681 SALE DATE 12/29/93 SALE PRICE IPAGE 965 PR OWNER WALTON ANDREW ....... TOTAL EXEMPTIONS 1 ............. I== TOTAL SPECIAL DISTRICTS CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE 41101 1,350 81 IFD028 IWW020 ISW011 Fl=NEXT PARCEL F3=NEXT EXEMPT/SPEC 75.10- 03-010 F6=GO TO INVENTORY F9=GO TO XREF INFORMATION .................................. 1 VALUE F4=PREV EXEMPT/SPEC F10=GO TO MENU =MISC RS-SS 1 BANK ROLL SEC TAXABLE TOTAL RES SITE TOTAL COM SITE ACCT NO 10 .............. ASSESSMENT DATA ........... **CURRENT** RES PERCENT LAND 500 **TAXABLE** TOTAL 2,500 COUNTY 1,150 **PRIOR** TOWN 1,150 LAND 500 SCHOOL 2,500 TOTAL 2,500 In the Matter or the Petition of : to the Board of Appeals of the ]'own of $outhold : TO: NOTICE TO ADJACE~T 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 requesta (Variance) ~-'~ci~l E~(Special Permit) (Other) {circle choicel That the property which is the subject of the Petition is located adjacent to your property and is des- 3. That the property which is the subiect of such Petition is located in the following zoning district: 4 That I~ such Petition, tl~e undersigned will request the following relief: . $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the 'under- signed are Art/cle -IIT Sect/on S ,O~a - Al -.~ I ~ : . ['] 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 may then and there examine the same during regular office hours. {516) 765-1809. 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 h~aring 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. Daied: .Petitioner Owners ' Names: Post Office Address Tel. No. ( ) [Copy of. sketch or plan showing proposal to be attached for convenience purposes.] NAME ~ROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Z ~0 892 4~6 Receipt for Certified Mail No ~nsurance Coverage Provided (See Reverse) Z 321~ 89~ Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Z ~0 892 q~ Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) and ZIP Code ~66~ qmeW '009; u~O=l Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS,: ~YJ~¥-"~lTu %/( A,,L~ I I ~ ~ , being duly sworn, deposes and says lhat on the ~ day of ~J~ , 19 ~ , deponent mailed a lrue copy of the Notice set forth on the re- verse side hereof, directed to each of l~e above-named persons at the addresses set opposile their r~pective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of lhe Town of Southold: that said Notices were mailed at the United 5lales Posl Of- (certified) (registered) mail. Sworn to before me this day of ~'-/J Notary Public ;that said No(ices were ma~f said persons by UNDA R KO~Iaa.~CI (This side does not have to be property owners.) completed on form transmitted ,: to adjoining ,42' 4" i OD 55' 5" .... /II / / CO//'. ,~."r.~,','r/6,.Xcd~, ~', V. 1:?$6 ,/? 14 t2 0 ®® ( 4),~' 2O / ~OttEI~'T BROWN N '~ S R A Lt~... N~ 01i~4 ~-- ' L .... ~F DOT' F~OWf;. t2mTA C, CTM 1"~~- IO00. 75.01. '20 L. D~ ~ tD ~,Y4CTUtL~ CCtWC~u~TO P.,~ PLt40¥~'./ client/owner, F6OZ,~ . NIC, N ,h, I ~ I issue .... 994 client/owner, . HAiN ¢B-CONtC, N,¥ project title. drawing title. date. {~,l.'Z ~ drawing no, Al ref. no, scale. I I i 0 -~ !z I ~ ' --- ........ ~ .............. m ~ , ~.~:- -- __.~~.~_~__~..~. , ~ L ~ ~ ~ "' I I ~ - , ' / -~/ ~ ~ ~ ,," ,~ ~ " '' ' i~ ~ t ~ ~' ~ ~ Z ~ ~ ~ drawing title: - i ~ ]~W~'Tu~ -- ~ - ~ t ~ 12 1994 '1 '1 II '1 I"[;IJI. ~1, I I ...... " ' I II I~ ' '1111' ,j~ '1 ] Jl II I ~T'' II1" II I I I ill .I I I'1 I ~1 '1 I II I~ I II I .I ¢111'11'~ ... , r ri i ii f i, i,. ,~,, '%¸ ,I ', (5)Ro client/owner, drawihg title, O/'T~ PL~N date, OCT 2 ! 1994 r no.