HomeMy WebLinkAbout3918
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
ACTION OF THE BOARD OF APPEALS
Appl. No. 3918
Matter of JOHlq AND CATHERINE SIMICICH. Special Exception
Zoning Ordinance, Article III, Section 100-31, for permission to
have a winery for production and winery sales. Property
Location: 4250 Bergen Avenue, Mattituck, County Tax Map No.
1000, Section 121, Block 1, Lots part of 001.
WHEREAS, a public hearing was held and concluded on March
15, 1990 in the matter of the Application of JOHN AND CATHERINE
SIMICICH under Appeal No. 3918; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This is an application pursuant to the requirements of
Article III, Section 100-31 for a Special Exception, Subsection
B {13) for permission to establish Winery use for the production
and retail sales of wine produced from grapes primarily grown on
the vineyard on which such winery is located.
2. The premises in question is a 5.6-acre (+) parcel
located in the Agricultural-Conservation (A-C) Zone District,
located on the west side of Bergen Avenue and north side of
Sound Avenue, Hamlet of Mattituck.
3. The subject premises is improved with a two-story
framed barn structure and is more particularly identified on the
Suffolk County Tax Maps as District 1000, Section 121, Block 1,
Lot part of 001.
Page 2 - Appeal No. 3918
Matter of JOHN AND CATHERINE SIMICICH
Decision rendered March 29, 1990
3. Submitted for consideration are plans A, B, C, and D,
depicting the the two story existing building and proposed
surrounding buildings. The new construction for the north side
of the existing barn is a deck that is to be set back 196' (+-)
of the north property line and the west side of the building is
210' (+-) from the property line (vacant land), the west side
building is also 63 (+-) from the northwest corner and 108 (+-)
from the northeast corner. The parking area will contain 31
parking stalls and is proposed to be 20' from the west property
line (vacant land) and 88' from the 3-4 ft. high evergreen
screening to the south property line (now or formally David
Starwood). The existing and proposed entrance drive will be 25
ft. in width and will have a egress and ingress onto Bergen
Avenue, as shown on Plan "B~'.
4. It is noted for the record that reviews have been made
and are pending by the Planning Board for site-plan approval.
5. It is the position of this Board that activities and
operations of the winery at the requested setback of
approximately 20 ft. from the easterly property line is not
within the best interests or the advancement of the health,
safety and general welfare of the public in general and
particularly the immediate neighboring property(ies). It is the
opinion of this Board that such activities can have 25 ft.
buffer located from the easterly property line and such a
requirement is not unreasonable under the circumstances.
6. In considering this application, the Board finds and
determines that the conditional grant of this use: (a) will
not prevent the orderly and reasonable use of adjacent
properties or of properties in adjacent-use districts; (b)
will not adversely effect the safety, health, welfare, comfort,
convenience or order of the Town; (c) is in harmony with and
will promote the general purposes and intent of zoning.
Accordingly, on motion by Mr. Dinizio, seconded by Mr.
Goehringer, it was
Page 3 - Appl. No. 3918
JOHN AND CATHERINE SIMICICH
Decision rendered March 29,
1990
RESOLVED, to GRANT a Special Exception for a Winery for the
Production and Retail Sales of Wine produced from Grapes
primarily Grown on this Vineyard in the Matter of the
Application of JOHI~ AND CATHERINE SIMICICH. under Appl. No.
3918, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the parking area be located a minimum of 25 ft.
from its closest point to the easterly property line and be
continuously screened and maintained with an evergreen buffer
2. Ail screening shall be shown on the plans submitted,
with a minimum of 3 ft. high evergreens, staggered and spaced
close enough to block visibility from the neighboring properties
beginning at a point* on the southwest corner of the property
line (Starwood) running a distance of 210 (+-) ft. to the north;
3. No expansion of the winery areas will be permitted
without further application and consideration by the Board of
Appeals;
4. Any and all lighting must be shielded to the property.
5. Ingress and egress to the winery shall only be off of
Bergen Avenue as requested by the Planning Board.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Sawicki and Dinizio. (Absent Serge Doyen, Fishers Island). This
resolution was duly adopted.
df
GERARD P. GOEHRINGER,
* Beginning at a point where the northeasterly side of sound
Avenue intersects with the easterly side of Bergen Avenue from
said point, running Easterly along Sound Avenue 484.71 ft. to a
point which said point is the division line between the lands of
Simicich and Starwood. Thence running along said division line
a distance of 185 ft. to the point or place of beginning.
Thence from said point on plans of beginning (shrubs shall be
placed running for a distance of 210 (+-) to the northeast.
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CI.ERK
DATE ~
To~n Clerk, To~n o[ Southold
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTI~ L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
ACTION OF THE BOARD OF APPEALS
Appl. No. 3918
Matter of JOHN AND CATHERINE SIMICICH. Special Exception
Zoning Ordinance, Article III, Section 100-31, for permission to
have a winery for production and winery sales. Property
Location: 4250 Bergen Avenue, Mattituck, County Tax Map No.
1000, Section 121, Block 1, Lots part of 001.
WHEREAS, a public hearing was held and concluded on March
15, 1990 in the matter of the Application of JOHN AND CATHERINE
SIMICICH under Appeal No. 3918; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the ~ollowing findings of fact:
1. This is an application pursuant to the requirements of
~Article III, Section 100-31 for a Special Exception, Subsection
B (13) for permission to establish Winery use for the production
and retail sales of wine produced from grapes primarily grown on
the vineyard on which such winery is located.
2. The premises in question is a 5.6-acre (+) parcel
located in the Agricultural-Conservation (A-C) Zone District,
located on the west side of Bergen Avenue and north side of
Sound Avenue, Hamlet of Mattituck.
3. The subject premises is improved with a two-story
framed barn structure and is more particularly identified on the
Suffolk County Tax Maps as District 1000, Section 121, Block 1,
Lot part of 001.
Page 2 - Appeal No. 3918
Matter of JO~N AND CATHERINE SIMICICH
Decision rendered March 29, 1990
3. Submitted for consideration are plans A, B, C, and D,
depicting the the two story existing building and proposed
surrounding buildings. The new construction for the north side
of the existing barn is a deck that is to be set back 196' (+-)
of the north property line and the west side of the building is
210' (+-) from the property line (vacant land), the west side
building is also 63 (+-) from the northwest corner and 108 (+-)
from the northeast corner. The parking area will contain 31
parking stalls and is-proposed to be 20' from the west property
line (vacant land) and 88' from the 3-4 ft. high evergreen
screening to the south property line (now or formally David
Starwood). The existing and proposed entrance drive will be 25
ft. in width and will have a egress and ingress onto Bergen
Avenue, as shown on Plan "B".
4. It is noted for the record that reviews have been made
and are pending by the Planning Board for site-plan approval.
5. It is the position of this Board that activities and
operations of the winery at the requested setback of
approximately 20 ft. from the easterly property line is not
within the best interests or the advancement of the health,
safety and general welfare of the public in general and
particularly the immediate neighboring propertyties). It is the
opinion of this Board that such activities can have 25 ft.
buffer located from the easterly property line and such a
requirement is not unreasonable under the circumstances.
6. In considering this application, the Board finds and
determines that the conditional grant of this use: la) will
not prevent the orderly and reasonable use of adjacent
properties or of properties in adjacent-use districts;
will not adversely effect the safety, health, welfare, comfort,
convenience or order of the Town;. (c) is in harmony with and
will promote the general purposes and intent of zoning.
Accordingly, on motion by Mr. Dinizio, seconded by Mr.
'Goehringer, it was
Page 3 - Appl. No. 3918
JOHN AND CATHERINE SIMICICH
Decision rendered March 29,
1990
RESOLVED, to GRANT a Special Exception for a Winery for the
Production and Retail Sales of Wine produced from Grapes
primarily Grown on this Vineyard in the Matter of the
Application of JOHN AND CATHERINE SIMICICH. under Appl. No.
3918, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the parking area be located a minimum of 25 ft.
from its closest point to the easterly property line and be
continuously screened and maintained with an evergreen buffer
2. Ail screening shall be shown on th~ plans submitted,
with a minimum of 3 ft. high evergreens, staggered and spaced
close enough to block visibility from the neighboring properties
beginning at a point* on the southwest corner of the property
line (Starwood) running a distance of 210 (+-) ft. to the north;
3. No expansion of the winery areas will be permitted
without further application and consideration by the Board of
Appeals;
4. Any and all lighting must be shielded to the property.
5. Ingress and egress to the winery shall only be off of
Bergen Avenue as requested by the Planning Board.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Sawicki and Dinizio. (Absent Serge Doyen, Fishers Island). This
resolution was duly adopted.
df
GERARD P. GOEHRINGER,
* Beginning at a point where the northeasterly side of sound
Avenue intersects with the easterly side of Bergen Avenue from
said point, running Easterly along Sound Avenue 484.71 ft. to a
point which said point is the division line between the lands of
Simicich and Starwood. Thence running along said division line
a distance of 185 ft. to the point or place of beginning.
Thence from said point on plans of beginning (shrubs shall be
placed running for a distance of 210 (+-) to the northeast.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 E~OUTHOLD, L.I., N.Y. 11cj'71
TELEPHONE (516) 765-1809
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular
Meeting, at the Southold Town Hall, Main Road, Southold, NY
11971, on THURSDAY, MARCH 15, 1990, at the following times:
7:30 p.m. Appl. No. 3917 - UMBRELLA HOME CARE. Variance to
the Zoning Ordinance, Article VII, Section 100-71 C, as
disapproved, for permission to construct a sign, proposed sign
is not permitted in this Residential/Office (RO) District.
Property Location: 28455 Main Road, Cutchogue, County Tax Map
No. 1000, Section 102, Block 02, Lot 12.1.
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of March 15, 1990
7:35 p.m. Appl. No. 3909 - JOSEPH CORNACCHIA. Variance to
the Zoning Ordinance, Article III, Section 100-33, as
disapproved, for permission to construct an accessory shed in
frontyard Area. Property Location: 835 Kimberly Lane,
Southold, County Tax Map No. 1000, Section 070, Block 13, Lot
20.5.
7:40 p.m. Appl. No. 3916 - GEORGE REINF~d~DT. Variance to
the Zoning Ordinance, Article III, Section 100-31, as
disapproved for permission to construct deck addition, proposed
construction exceeds permitted lot coverage and has insufficient
setbacks from property line. Property Location: 1380 Pvt. Road
# 3 Trumans Path, East Marion, County Tax Map No. 1000, Section
31, Block 12, Lot 10.
7:45 p.m. Appl. No. 3906 - CHARLES COLOMBO. Variance to
the Zoning Ordinance, Article XXIV, Section 100-244 B, as
'disapproved, for permission to construct a deck addition to
existing dwelling, proposed construction will have insufficient
sideyard setbacks. Property Location: 350 Oak Street,
Cutchogue, County Tax Map No. 1000, Section 136, Block 1, Lot 48.
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of March 15, 1990
7:50 p.m. Appl. No. 3903 - LINDA DAMBASSIS. Variance to
Zoning Ordinance, Article III, Section 100-33, (Article XXIII,
Section 100-239.4 (A), as disapproved for permission to
construct accessories' garage, pool and additions to dwelling in
frontyard area. Property Location 2430 Dignan's Road, Cutchogue,
County Tax Map No. 1000, Section 83, Block 2, Lot 7.2.
7:55 p.m. Appl. No. 3912 - EDWARD AND CORRINE BIRDIE.
Variance to the Zoning Ordinance, Article IIIA, Section
100-30A.3, for permission to construct additions to one family
dwelling, proposed construction will have insufficient side yard
setbacks. Property Location: 380 Parsons Boulevard, East
Marion, County Tax Map No. 1000, Section 037, Block 01, Lot 17.1.
8:00 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to
the Zoning Ordinance, Article XXIV, Section 241A, (Article
XXVIII, Section 100-281 (3), as disapproved, for permission to
construct additions and alterations to garage with apartment.
Property Location: East End Road, Fishers Island, County Tax
Map No. 1000, Section 3, Block 7, Lot 5.
Page 4 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of March 15, 1990
8:05 p.m. Appl. No. 3924 - MICHAEL HERBERT. Special
Exception to the Zoning Ordinance, Article IX, Section 100-91
(B), for change of use from Bed and Breakfast to a three family
dwelling in this Hamlet Business (HB) District. Property
Location: 795 Pike Street, Mattituck, County Tax Map No. 1000,
Section 140, Block 2, Lot 23.
8:10 p.m. Appl. No. 3918 - JOHN AND CATHERINE SIMIC
Special Exception to the Zoning Ordinance, Article III, Section
100-31, for permission to have a winery for production and
winery sales. Property Location: 4250 Bergen Avenue,
Mattituck, County Tax Map No. 1000, Section 121, Block 1, Lots
part of 001.
8:15 p.m. Appl. No. 3907 - NICHOLAS ALIANO. Variance to the
Zoning Ordinance, Article III A, Section 100-30A.2 (Article XXV,
Section 100-253 A), as disapproved, for permission to construct
a retail office complex, proposed construction is not permitted
in this R-40 Zone District. Property Location 29950 Main Road,
30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section
102, Bloc 03, Lot 01.
Page 5 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of March 15, 1990
8:20 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to
the Zoning Ordinance, Article VII, Section 100-71, as
disapproved for permission to construct office and retail
stores, proposed construction is not a permitted use in this
District. Property Location: 1000 Main Street and 160 Main
Road, Greenport, County Tax Map No. 1000, Section 34, Block 2,
Lot 1.
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in each
of the above matters. Written comments may also be submitted
prior to the conclusion of the subject hearing. Each hearing
will not start before time allotted. Additional time for your
presentation will be available, if needed. For more
information, please call 765-1809.
Dated March 6, 1990
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
by Doreen Ferwerda
OF SOUTHOLD, NEW YORK
APPLICATION FOR SPECIAL EXCEPTION
FEB 1 5 1990
S~,thold Tow~ Clerk
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
Application No.
Date Filed:
I (We), JOHN SIMICICH, JR. of 424.0 Berqqn Avenue
(Residence, 'l~ouse No. and Street)
Mattituck, New York 11952, by CHARLES R. CUDDY, ESQ. as Attorney
P.O_ Box !5A-7 .1AF)_Cllrf r~,,~e,,, D~:~ D~,,:,,~:~ New w~ 369-8200
l'Haml e't-,- S[~t~, -Zfp' Cbde ,"T~ relPh~fld 'NuM§~r-)' 1 190 1
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE III , SECTION 100-31 , SUBSECTION B (13)
for the below-described property for the fei]owing uses and purposes (and as shown on
the attached plan drawn to scale):
Winery for the production and sale of wine produced from grapes
grown in the vineyards;
A. Statement of Ownership and Interest.
John and Catherine Simlcich ~(are) the owner(s)of
property known and referred to as Sound Avenue and Bergen
('H'ouse No., Street, Hamlet)
.Av~enue, Mattituck; lO00-121qlrpart of 001
identified on the Suffolk County Tax Maps as District 1000, Section 121 , Block 1
Lot(s) p/o 001 . , which ~x~k (is) on a subdivision ~p (Rkb~XJapproved 11-20-89b¥ PI, Bd
"Map of' ' J~hn Simtcich. Jr. ' Filed Map No.
and has been appr. oved by t. he Southol'd l'6w6'"~lanning "Board on ~bvember 20, 19~9
as a [Minor] [~] Subdivision). ' ....
The above-described property was acquired by the owner on October 6, 1988 ,
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 conform~ to
the standards prescribed therefor in said ordinance and would not be detrimental to
property or persons in the neighborhood for the following reasons:
The agricultural use of the premises will continue; the location
of the proposed winery will be in compliance with all zoning setback
requirements for this zone district; the area of the land is greater
than the minimum requirements for this Agricultural-Conservation
Zone District; the proposed use ts com'patible with the character of
this district as well as with regard to visi.b.i]it.y and accessibility.
C. The property which is the subject of this application is zoned - and
[ ] .is c~nsi~ten~ with the use(s) described in the Certificate of Occupancy being
furnished herewith.
~ ] is not consistent with the Certificate of Occupancy being furnished herewith
for the following reason(s):
EX] is vacant land. (with the exceptional ~) farT~b~lding)..d
COUNTY OF SUFFOLK) ~ ' ·
STATE OF NEW YORK) ' u/~ . . . . .
~- (Signature)
Sworn to before me this 7 day of January , lg90 .
Qu~)ified
ZB2 (rev. 2/6/86) c~m~s~, ~i~L,i~0~
TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET VILLAGE DIST. SUB. LOT
TYpEAOR' OFS'6~BLO. REMARKS V/ ~(/~ O~", ~'/0(~-¢4'~,.
PROP. C~SS
LAND IMP. TOTAL DATE
FRONTAGE ON WATER TILLABLE
FRONTAGE ON ROAD WOODLAND
DEPTH MEADOWLAND
BULKHEAD HOUSE/LOT
TOTAL
TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET VILLAGE DIST. SUB. LOT
E
,,
' ~ , , ' .z"r_ '.'.....,:~
~ND IMP. TOTAL DATE R~RKS
~ ~q~ / . , ,
AGE BUILDING CONDITION
N~ NOAL BELOW ABOVE
FA~ Acre Value Per Value
Acre
Tillable c:~. {,~ _ ~d~ ~,-m'= FRONTAGE ON WATER
W~land FRONTAGE ON ROAD
Men,land DE~H
H~ PI~ BULKH~D
Total ' ~, ~K
?L~i~
~EC~]¥ED AT A TER~ OF THE UNITED STATES
6
Town
PRESENT:
BAI~KRUPTCY COURT FOR T~E EASTEP. N
DISTRICT OF NEW YORK: HAUPPAUGE AT
THE COURTHOUSE THEREOF LOCATED AT
VETERANS MEMORIAL HIGHWAY,
HAUPPAUGE, NEW YORK ON THE
OF SEPTEMBER, 1995
HON: MELANIE L. CYGANOWSKI
Judge
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NEW YORK
In re:
MATTITUCK HILLS WINERY, INC.,
Case No.: 95-72170-511
Chapter 11
Debtor.
In re:
:,i MATTITUCK VINEYARDS & WINERIES, INC.,
Debtor.
~ In re:
JOHN SIMICICH and CATHERINE
SIMICICH,
Debtors.
Case No.: 95-72171-511
Chapter 11
Case No.: 95-72255-511
Chapter 11
ORDER TO SHOW CAUSE
Upon reading and filing the Orders entered in this Court on
' August 28, 1995 in these proceedings, the Affidavit of Joseph C.
Savino sworn t;o on September 25, 1995, and upon the petitions and
all other papers and proceedings heretofore had herein,
LET the Debtors and any other interested party, show cause
before this Court at a term thereof, held at; the United Stages
Bankruptcy Court for the East;ern District of New York, Hauppauge
Courthouse, locate~at; 601 Veterans Memorial Highway, Hauppauge,
New York on the ? day of September, 1995 at ] ~.Z? _~.m. in
the ~[~*~f noon of that day, or as soon thereafter as counsel
can be heard, why an order should not be made and entered
vacating or modifying a prior order this Court and modifying,
pursuant to Section 362 of the United States Bankruptcy Code, the
automatic
located
purpose
removing
equipment
contracts
stay to permit NFB to enter the Debtors' property
at 4250 Bergen Avenue, Mattituck, New York for the
of entering, picking and removing grapes as well as
tractors, vehicles, personal property and other
and/or receivables or
to the sale of grapes and/or harvested
further relief as to this
and for a turnover of any funds
pertaining
grapes, together with such other and
Court seems just and proper.
or
SUFFICIENT REASON APPEARING THEREFOR, IT IS
ORDERED, that service of a copy of this order via facsimile
overnight mail, together with the ~aPers upon which it is
based, shall be ma~e ~pon the Debtors and their attorney, Thomas
A. Pepe, Esq.,n~he office of the United States Trustee, and the
twenty largest creditors listed in the various Petitions, on or
before the ~ day of September, 1995, be deemed ~ood and
FO-RTHER ORDERED, that service of opposition papers shall be
made upon Wickham,. Wickham & Bressler, P.C., counsel for North
- ,~ ~ 4~day
Fork Bank, and~he Court,on or before the ,Q of September,
Melanie L. Cyganowski, U.S.B.C.
1995.
Southold. N.Y. 11971
(516) 765-1938
APPLICATION FOR CONSIDERATION OF SITE PLkN
Date of Application Filing Fee Date Rec'd
New Use Change of Use Re-Use Extension of Existing Use
Revision of an Approved Site Plan (Date of Approval
Other Specif~
Name of Business or Site Proposed Winery
Location of Site Sound Avenue at Mattituck
Address of Site, if available N/S Sound Avenue, Mattituck, NY
Name of Applicant John Simicich, Jr.
Address of Applicant 4250 Berqen Avenue, Mattituck, NY 11952
Telephone
Person to be responsible for Construction owner
Telephone 2~8-5964
Applicant's interest in site-check one: C~ner of Land
Under contract to purchase
~ner of-Fee Title to Land'John Simicich, Jr.
Address 4240 Berqen Avenue~ Mattituck Telephone 298-5964
Site Plans Prepared by Howard W. Young License No. 45893
Address 400 0strander Ave, Riverhead Telephone 727-2303
Attorney: Charles R. Cuddy, Esq., 180 0Id Country Road, Riverhead 369-8200
Total Land Area of Site 5.6468 acres .Sq. Ft. Zone District A-C
Existing Use of Site aaricultural Proposed Use of Site Winery & Aqric
Gross Floor Area of Exfsting Structure(s)3~056 sqft. sqft.
Gross Floor Area of Proposed Structure(s)3~204 sqft.+ 4,000 sqft.
Percent of Lot Coverage by Building(s)10~260 sq. ft./ %
Percent of Lot for Parking (where applicable) 28~000+- sq. ft. %
Percent of Lot for Landscaping(where applicable) 3 acres+- %
Datum(Specify)U.S.G.S. 50 to 52 feet AMSL Other
Has applicant been granted a variance and/or special exception by
Board of Appeals No Application for Special Exception to be filed
week of 12/11/89.
Case Number Name of Applicant John Simicich, Jr.
Date of Decision .Expiration Date
Will any toxic or hazardous materials, as defined by the suffolk County
Board of Health, be stored or handled at the site? No
If so, have proper permits been obtained? N/A
Number and Date of permit issued
NO ACTION (EXCAVATION OR CONSTRUCTfON) MAY BE UNDERT~KEN UNTIL APPROVAL
OF SITE PLaiN BY THE PL~NNING BOARD.
STATE OF NEW YORK
COUNTY OF SUFFOLK
JOHN SIMICICH, JR. being duly sworn.
and says that he resides at 4240 Berflen Avenues Mattituck,
in the State of New York, and that he is the.owner of the ahoy-
or that he is the 0wner of the premjses
(Title) (Specify whether
in this x~n~c~x~bs~m~application;~,
owner or his heirs, successors or assigns will, at his own
install the required site improvements in accordance with
of the Code of the Town of Southold for the area stated herein
and that there are no existing structures or improvements on
which are not shown on the Site Plan; that title to the entize
including all rights-of-way, have been clearly established an~
shown on said Plan; that no part of the Plan infringes upon any
filed plan which has not been abandoned both as to lots and a~
roads; that he has examined all rules and regulations adopte~
Planning Board for the filing of Site Plans and will comply
same; that the plans submitted, as approved, will not be
changed in any manner without the approval of the Planning
and that the actual physical improvements will be installed
strict accordance with the plans submitted.
Sworn to before me this
?~ day of December, 19 89~
(Owner)
(Notary Public)
Nora CHARLES R. CUDDY
ry Pub#e, St, te of Ne~v York
_ N~ ~87222~
Qualified In 8uffo~k County
Contmission Ex~ Dso. 31, 19~'o
KEY MAP.
SCALE I" = ,SOO'
A~ro~u~Y ~ Lxw
18o OLD Go~u~¥ Ro~ (R~. ~8)
~~, ~ 11901
May 15, 1990
Southold Town Board of Appeals
53095 Main Road
P.O. Box 1179
Southold, NY 11971
Re: Special Exception for Winery
Appl. No. 3918 - John Stmicich, Jr.
Gentlemen:
Please find enclosed one set of the Site Plan as Amended which
also includes the screening (planting) schedule shown on Sheet
#2.
We ask that the Board accept the plan, as amended, to meet its
requirements in its determination and are forthwith submitting
nine (9) sets to the Planning Board for final approval consider-
ation under the site-plan review process.
Yours very truly,
Charles R. Cuddy
lk
Enclosures
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
360-5513
ARTHUR H. KUNZ
DIRECTOR OF PI-a. NNING
May 10, 1990
Town of Southold
Zoning Board of Appeals
Re: John & Catherine Simicich
#3918
Gentlemen:
Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative
Code, the above referenced application is not within the Jurisdiction of the
Suffolk County Planning Commission.
Very truly yours,
Arthur H. Kurtz
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE. L.I.. NEW YORK 11788
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
__ Variance from the Zoning Code, Article , Section
__ Variance from Determination of Southold Town Building Inspector,,
XX Special Exception, Article III, Section lO0-31
__ Special Permit
Appeal No.:3918 Applicant: John and Catherine Simicich
Location of Affected Land: 4250 Bergen Ave., Mattituck,
County Tax Map Item No.: 1000- 121-1-p/o 1
Within 500 feet of:
Town or Village Boundary Line
NY 11952
Body of Water (Bay, Sound or Estuary)
XX State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or
Boundary of Existing or Proposed County, State or
~ Other Recreation Area
Federally Owned Land
Federal Park or
or
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,
Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to have a winery for
production of sales.
Copies of Town file and related documents enclosed for your review.
Dated: May 3, 1990
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF $OUTHOLD
SCOTF L. HARRIS
Supe~4~r
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
May 3, 1990
Charles Cuddy, E~q.
180 Old Country Road
Riverhead, NY 11901
Re: Appl. No. 3918 - JOHN AND CATHERINE SIMICICH
(Special Exception)
Dear Mr. Cuddy:
Transmitted for your records is a copy of the recent
determination rendered by the Board of Appeals concerning your
application.
Please be sure to return to the Building Department and all
other involved agencies for proper permits as may be necessary
before commencing construction activities. A copy of this
decision has simultaneously been transmitted to the Building
Inspectors' Office for their files and update.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Doreen Ferwerda
Enclosure
Copy of Decision to:
Building Inspectors'
County Planning
Office
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definitely going to exist for a very long
period of time in those Hamlet Business
Districts under the new Master Plan. Not
your district, but other districts that have
been placed in this particular area.
MR. HERBERT: Fine. I understand all
that. I just wanted to explain to you what
our fears were.
THE CHAIRMAN:
very much.
Wonderful. Thank you
Anybody else that would like to speak
concerning this application?
Hearing no further comments, I make a
motion closing the hearing, reserving
decision until later.
MR. GRIGONIS: Second.
THE CHAIRMAN: All in favor?
MR. GRIGONIS: Aye.
MR. DOYEN: Aye.
MR. DINIZIO: Aye.
THE CHAIRMAN: Thank you very much
for coming in.
Appeal~ln behalf o~
~ine Simici¢~.~The legal no%ice
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reads as follows:
Upon Application Number 3918,
and Catherine Simicich.
to the Zoning Ordinance,
John
Special Exception
Article III, Sec-
41
tion 100-31, for permission to have a winery
for production and winery sales. Property
Location: 4250 Bergen Agenue, Mattituck,
County Tax Map Number 1000, Section 121,
Bock 1, Lots Part of 001.
I have a copy of three penned-in site
plans of which I am sure will be referred to
by noted counsel, and I have a copy of a
Suffolk County Tax Map indicating this and
surrounding properties in the area.
Mr. Cuddy, would you like to be
heard?
MR. CUDDY: Charles Cuddy, for the
applicants, Mr. and Mrs. Simicich, who are
both here with me.
This is a piece of land that is about
5.6 acres located north of Sound Avenue,
just east of Bergen. That is the corner
as you turn into Bergen Avenue. On the
right now are vineyards. There is also an
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old barn.
Mr. and Mrs. Simicich's proposal
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to
take that barn, enlarge the barn, and use it
for a winery. The plan is presently before
the Planning Board. This Board will note
that the Planning Board sent a letter to us
and had some concern
the application.
One aspect is
about two aspects of
where the ingress or
the entrance way will be. The Simiciches
have agreed to effectively remove the
entrance way from Sound Avenue and place it
approximately 150 north of South Avenue, on
the east side of Bergen Avenue. They have
presented several plans to the Board to do
this. I think there are four plans that
have been submitted to you; A, B, C and D.
They also, they being the Planning
Board, had some concern about what they call
the buffer area between the parking area and
the neighboring property. The Planning
Board, for some reason, seemed to think that
the Zoning Board has set up the rules that
require 50 feet as a buffer between the
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parking area and the neighboring property.
I am not sure there is any rule to
that effect, although they alluded to the
fact you had a prior application. ! am not
sure that application is actually the same
as this one, but I would point out to you
that what is proposed by the various
proposals before you, A, B, C and D, is
effectively to have a 10-foot buffer between
the parking area and the property line of
the neighboring property and then there is
some 80 feet or more between the line and
the house.
If there is a residence instead of a
winery at this location, he can put in the
swimming pool within three or four feet of
the property line and we have it here, night
and day. This will be used only during
daylight hours. It is a winery, a seasonal
It could be used all year
type of use.
round.
! would propose to the Board that it
is an appropriate place for the winery to
be. There is another winery, not on Sound
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Avenue, in Southold, but on Sound Avenue in
Riverhead, two miles from the west of this.
I would think that it meets the criteria.
This is a special exception, not a variance.
It meets the criteria proposed by the code.
I know of no offensive odor it is going to
emit, and I believe it is.not contrary to
the public's health, safety and welfare.
We have, if the public would like to
see it, a copy of the designs for the build-
ing. I will just hand it up to you. I have
two copies.
THE CHAIRMAN: This is utilizing the
existing barn.
MR. CUDD¥: It is utilizing the
existing barn, and the existing barn will be
a total of 7,000 plus square feet when they
through with that shown on the
get all
plans.
I would ask the Board if they would
entertain perhaps Plan A or Plan B. The
reason for that is I think the parking in
these plans are more appropriate. Plan C
has a parking diagram that shows parking
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really all over the place. So you have to
put it around the back and on the side.
I think it would be appropriate to
keep the parking close to the building so
people can get into the winery, but this is
going to be utilizing an existing structure
which is about 3,000 square feet and it will
extend that structure and that is shown on
the plan, the site plan.
is in exhibit to you.
THE CHAIRMAN:
Also the plan that
see the depth of the
parking is about the same of that to the
building. The parking here is 72 feet on
the A Plan, and that doesn't show the actual
depth. When I say "depth", I am referring
to the width of the parking in Plan B.
MR. CUDDY: Plan B is the same as the
site plan that was submitted, except that
the entrance way is on Bergen Avenue.
THE CHAIRMAN: Okay, right.
MR. CUDDY: That includes all of the
33 spaces in one location. Plan A has
broken it into two units, so it is 11 and
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THE CHAIRMAN: When you were alluding
50 feet, that is what is mentioned in
to the
the letter. That was a figure that was
basically dealt with on the Gritano
(phonetic spelling) winery in Cutchogue, and
there was some concern because several
houses had backed up to that particular
parking lot, as in the case of this one
house that backed up to this parking lot,
and I don't know. ! will have to take a
look at it.
MR. CUDDY: I would propose we put in
two screening areas. We can put in maybe
something epiphytic screen, perhaps five or
six feet high, which grows fast and we could
put along the edge different types of other
plantings in front of it. This is only
going to be open essentially during the
daylight hours.
THE CHAIRMAN: I just wanted to ask
you for the record. I realize that the
winery is only a portion of this application
that is before us. However, the special
exception really covers the entire lease on
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the property.
How many acres are we talking about
on this particular site?
MR. CUDDY: The site itself is a
single piece of property, 5.6 acres. It
originally was more. There was a piece
divided off it, which is a two acre piece.
It was 7.6, and now it is 5.6.
THE CHAIRMAN: Thank you very much,
Mr. Cuddy.
Anybody else that would like to be
heard concerning this application?
Any questions from Board members?
Is there anybody that would like to
speak against the application?
Seeing no hands, I make a motion
closing the hearing and reserving decision
until later.
Thank you very much for coming in..
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MR. GRIGONIS: Second.
THE CHAIRMAN: All in favor?
MR. GRIGONIS: Aye.
MR. DOYEN: Aye.
MR. DINIZIO: Aye.
Toxvn Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
January 29, 1990
Charles Cuddy
180 Old Country Road
P.O. Box 154
Riverhead, NY 11901
RE:
Proposed Winery Site Plan
John Simicich, Jr.
SCTM #1000-121-1-p/01
Dear Mr. Cuddy:
The Planning Board has reviewed your client's application
and is not in favor of the layout as shown.
In reviewing the last Zoning Board of Appeals' decision'
concerning a winery, it was noted that the Zoning Board had
requested that parking areas be located a minimum of 50 feet
from neighboring properties and be continuously screened with
evergreens.
The Planning Board agrees that a 50 foot buffer should be
maintained between the parkir~ area and the properties to the
South and East. Accordingly, the Board requests the parking area
be relocated to the North side of the property. For traffic
safety reasons, the Board also requests that the entrance to the
property be relocated to Bergen Avenue to a point at least 100
feet north of the intersection.
If you have any questions or require further assistance
please contact this office. Upon submission of 9 copies of
revised site plans, the Planning Board will proceed with its
review. However, please be aware that the Planning Board cannot
grant final approval until your client obtains a Special
Exception from the Zoning Board of Appeals. As of today, an
application has not been made to the Zoning Board.
Very truly yours,
Bennett Orlowski, Jr. ~
Chairman
rgk
cc: Gerard Goehringher, Chairman, Zoning Board of Appeals
NOTICE OF HEARINGS
NOTICE IS HEREBY given,
pursuant to Section 267 of the
Town Law and the Code of the
Town of Southnid, the foliow-
ing hearings will be held by the
SOUTHOLD TOWN BOARD
OF APPEALS at a R~gniar
Meeting, at the Southold Town
Hall, Main Road, Southold, NY
11971, on THURSDAY,
MARCH 1~, 1990, at the fol-
lowing times:
7:30 p.m. Appl. No. 3917-
UMBRELLA HOME CARE.
Variance m the Zoning Ordi-
nance, Article VII, Section
100-71 C,.ns disapproved, for
~pennission to construct a sign,
.... proposed sign is not permitted
in this I~sidential/Office (RO)
District. Property Location:
28455 Main Road, Cutchogne,
County '/~ Map No. 1000, Sec-
tion 102, Block 02, Lot 12.1.
7:35 p.m. Appl. No. 3909--
JOSEPH CORNACCH!A. Vas-
iance to the Zoning Ordinance,
Article Iii, Section 100-33, as
disapproved, for permission to
construct an accessory shed in
frontyard Area. Property Loca-
tion: 835 Kimberly Lane~
Southold, County Tax Map No.
1000, Section 070, Block 13, Lot
20.5.
7:40 p.m. Appl. No. 3916--
GEORGE REINHARDT. Vari-
ance to the Zoning Ordinance;
Article Ill, Section 100-31, as'
disapproved for permission to
construct deck addition, pro-
posed construction exceeds per-
mitted lot cowrnge and has
insufficient setbacks from pro-
petty line. Property Location:
1380 Pvt. Road ~ Trumans
Path, East Marion, County Ta~
Map No. WOO, Sectinn 31, Block
12, Lot 10.
7:45 p.m. Appl. No. 39O6~
CHARLES COLOMBO. Vari-
ance to the Zoning Ordinance,
Article Vd(IV, Section 100-244
B, as disapproved, for permis-
sion to construct a deck addi-
tion m existing dwelling, pro-
posed construction will have in-
sufficient sideyard setbacks.
Property Location: 350 Oak
Street, Cutchogue, County Tax
Map No. I000, Section 136,
Block 1, LOt 48.
7:50 p.m. Appl. No. 3903--
LINDA DAMBASSIS. Variance
m Zoning Ordinance, Article
III, Section 100-33, (Article
XXIII, Section 100-239.4 (A), as
disapproved for permission to
construct accessories' garage
pool and additions to dwelling
in .fmntyard area. Property
Location: 2430 Dignan's Road,
Cutchogue, County.'/hx Map
No. 1000, Section 83, Block 2,
LOt 7.2.
7:55 p.m. Appl. No. 3912~
EDWARD AND CORRINE
BIRDIE. Variance to the Zon-
ing Ordinance, Article IliA,
Section 100-30A.3, for per-
mission to construct additions
to one family dwelling, pro-
posed, constructiun will have in-
sufficient side. yard setbacks.
· Property Location: 380 Parsons
Boulevard, East Marion, Coun-
ty ~ Map NO. 1000, Section
037, Block 01, Lot 17.1.
8:00 p.m. Appl. No. 3911-
WALTER RAFFERTY. Vasi,
ance to the Zoning Ordinance;
Article XXIV, Section 241A,'
(Article XXVIII, Section'
100-281 (3), as disapproved, for'
permission to construct addi.~
fions and alterations to gnrage~
with apartment. Property Loca-.
tion: East End Road, Fishers Is-
land, County Tax Map NO.
1000, Section 3, Block 7, LOt 5.~,*
8:05 p.m. Appl. No. 3924--
· MICHAEL HERBERT. Speciai
Exception to the Zoning Ordi-
nance. Article IX. Section
100-91 (B), for change of use
"from Bed and Breakfast to a
three family dwelling in this
Hamlet Business (HB) District.
Property Location: 795 Pike
Street, Mattituck, County Tax
Map No. I000, Section 140,
Block 2, Lot 23.
N AND CATHERINE~
ICICH. Special Exception]
~'~ to the Zoning Ordinance, Arti./
~ cie. !II, Section 100-31, for per-/
] mission to have a winery for/
/ production and win~ry sales.
Property Location: 4250 Bergen
Avenue, Mattituck, County 'lhx
Map No. 1000, Section 121, \
Block 1, Lots part of 001.
~8:15 p.m. AppL No. 3907--
NICHOLAS ALIANOff.
Variance to the Zoning Ordi-
nanea, Article Iii A, Section
100~30A.2 (Article XXV, Sec-
tion 100-2~3 A), as disappro~l,
for permission to construct a re-
tail office complex, proposed
construction is not permitted in
this R-40 Zone District. Pro-
perry Location: 29950 Main
Road, 30 Pequnsh Avenue, Cut-
~ chogne, County ~ax Map No.
1000, Section 102, Block 03, Lot
01.
8:20 p.m. Appl. No. 3915-
JORDAN'S PARTNERS. Vasi-
ance to the Zoning Ordinance,
Article VII, Section 100-71, as
disapproved for permission to
construct office and ~ stor~,
proposed construct is not per-
mitted use in this District, Pro*
perty Location: 1000 Main
Street and 160 Main Road,
Orcenport, County ~ Map
No. 1000, Section 34, Block 2,
Lot 1.
The Board if A~penis will at
said time and place hear any and
all persons or mprescotative$ de-
siring to be heard in each of the
ments may also b~~ sul~mitted-'~]
prior to the conclusion of the
subject hearing. Each heating
will not start before time ni-
lotted. Additional time for your
presentation will be available, if
needed. For more information,
please call 765-1809.
Dated: March 6, 1990
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
by Doreen Ferwerda
. IX, 3/8/9o (28)
E I3 HEREBY GIV .E~I,
penumt t,-~.f~n 267 ~ em Toun
Law and h~ Coda of the Town o~
Somho~,:t, the following hearings
will be held by the SOUTHOLD
'I~OWN BOARD OF APPI~J.S ct n-
Regular Meeting, st the Southold
Town Hall, Main Road, Southcld,
NY 11971, on THURSDAY,
MARCH 15, 1~0, st the fdlowinf
tbnes:
?:30 p.m. AppL No. 3917 --
U1VIEIU~I.I.& HOME CARE. Vmi-
cie VII, Sectiou 100-71 C, as dis-
approved, for permission to con~
slmct a sign. proposed sign is n~
pennit~d in this R~idemisl/Office
(RO) District. Properly Location:
28455 Main Road, Cutchogue~
102, Black 62, Lor 12.1. -
7:35 p.m. AppL No. 3909 --
JO3EPH CORNACCItlA..Vafince
~-~,;en 100-33, as di.,,~ved, for*
shcd in froutyard Area. Property.
Location: 835 Kimberly Lane,.
Southold, County Tax Map No..
1000, Section 070, Block 13, Lot
20.5.
7:40 p.m. Appl. No. 3916
GEORGE RE]NHARDT. Variance.
SecUre 100-31, as dls~p~OVed for.
fiou, prope~ed ceamuaion =tceeds
permitted lot coverage and has,
inmfl'lcient sethcks frem
line. Properly location: 1380
ou, Ceunty Tax map No. 10G0, Sec--
dou 31, Block 12, I.~ 10.
7:45 p.m. AppL No. 3906 -=~
CHARLES COLOMBO: Variance
to the Zoning Ordieance, Artlcin
XXIV. Section 100-244 B, as
approved, for peFmisslon to con.
struct a deck addition to existing.
haw insufficient sideyerd scthcks..
Cutchogue. County Tax Map No.~
1000, Sectkn 83. Blodt 2, Lm 7.2.
7:55 p.m. Appl. No. 3912 --
EDWARD AND CORRINE
BIRDIE. Variance to Lite Zoning
Ordinance, Afliclu ~I A, Sectiou
100-30A.3, for pennissio~ to ~
StrdCt additions ~o one family
bye inmfl'~clent side ymd sctbcb,
Property Location: 380 Parsons
Map No. 10~0, ~ 037. Block
01, L~ 17.1.
- 8:00 p.m. Appl. No. 3911 --j
the Zoning Ordinance, Article\
XXIV, Section 241A, (Article
XXV]~ Sectiou 100.281 O), as dil-
approved, for permission to cou-
stmct additions and alterations to
gauge with apartment. Property
F,~ty Lecation: 350 Ook Su~e~. . Location: East End Read. Fi~m
Cutchogue. Cmmty Tax Map No..; =~= bland. County Tox Map No. 1000.
1000, Section 136, Blo~ 1, lz~ 4~..
7:50 p.m. Appl. No. 3903 ~
L1N~A DAMBASS]S. Ynrianc~ ~
~ 1~33, (~de ~ ~
1~9.4 (A). ~ d~a~ f~
Saufe p~l and additions to
Location 2430 Difnan's Road,
Sectie~ 3, Block 7, L~ 3.
8:05 p.m. Appl. No. 3924
MICHAEL HERBERT. Special E~-
caption to the Zoning Ordinance,
A-,ticie ~X, Section I00~1
c~an~e ~ use from Bed and Bruk-
fast ~o a tht~e family dwciling in thb
Hamlet Business (HB) District.
See Legals, Next
MattttG~t. County Tax Map No.
~' ~:10 p.m. AppL No. 3918
JOHN AND CA~ S~-
~CH. S~ci~ Ex~ m ~e
dm l~31,f~M~a
~ f~ p~ ud ~
sales. P~fly ~: 4250
T~ Map No. I~, S~ 121.
~ I~A~ (~ ~V,
~is~h~R~
29950 Main R~, 30 P~uash~e
kv~u~ ~ ~ty T~
' · · "
8:20 p.m. A~L No. 3~1~ ~
JO~'S P~. ~m
and 1~ MaM R~d,
~N~ 1~'
~,~l.. .'):-
BY ~ OF ~ ~0~'
~OP~
O~ E ~O~
:k, In
¢ipal
ipers
ity of
~hlch
~ed in
eeks
ay of
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZ[O, JR.
Southoid Town Board of Appeals
MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time. date and
place of the public hearing concerning your application is a
copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the
times allotted in the attached Legal Notice.
Please feel free to call our office prior to the hearing
date if you have questions or wish to update your file.
Yours very truly,
CHAIRMAN
dff
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, .IR.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 ¢~OUTHOLD, L.I., N.Y... 11971
TELEPHONE (516) 765-1809
$.E. ,O,.R.A.
TYPE II ACTION DECLARATION
March 15, 1990
Appeal No. 3918 SE
Project/Applicants: John & Catherine Simicich
County Tax Map No. 1000- 12I-1-P/0 1
Location of Project: 4250 Bergen Avenue, Mattituck, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Permission to have winery for production and sales
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board's area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section'617.2jj, this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency's interest as an involved agency under SEQRA 617.2jj.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, $outhold, NY 11971 at
[516) 765-1809.
tm
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
FAX (516) 765-1823
TELEPHONE (516) 765-1801
TO:
SOUTHOLD TOWN ZONING BOARD OF APPEALS
FROM:
JUDITH T. TERRY, SOUTHOLD TOWN CLERK
RE:
ZONING APPEAL NO. 3918, JOHN & CATHERINE SIMICICH
DATE:
FEBRUARY 15, 1990
Transmitted is application for special exception submitted by John Simicich,
Jr. together with notification to adjacent property owners; short environmental
assessment form; Deed; copy of the Zoning Map; three (3} copies of Plans
"A," "a," 'lC," and "D" and one copy of each Plan reduced to 8-1/2" x
14."
A Notice of Disapproval and a Zoning Board of Appeals Questionnaire Form
were not submitted. . .... ..
Jud't T." !i'!q* r~yi:.~;: ~ '
$outhold Town Clerk
Appendix C
Slate Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
"For UNLISTED ACTIONS Only
PART t--PROJECT INFORMATION (To be completed by Applicant or Project sD~ofl _
~. AP~NT ~PONSOR ~. Pfl~EGT NAME
~rles R- ~y as atomy for ~ Simicich. ~. 'l Mattituck Hill~ ,]mhn
a~.~w~ Mattituck,, Town .of SOutho]d ~';~ ...~f ~Hcfn]~ ,,
West Side of Bergen'Avenue and ~h~ ~orth Side of SOund Avenae
5.6+ acres .
CTM ~1000-121-1-p/o 00t
Establish winery operatZons withZn existing barn structure with
proposed additZon as shown on the~sZte plan submitted hereunder.
SEQR
T. AMOUNt' OF I. ANo AFFECTED:.
Initially ._.__.;.~.]~...__,_,~ I~te9 UIIIma~e)W ~ eefee
8. V,'ILI. PROPOSED ACTION COMPLy WITH EXISTING ZONING OR OTHER EXISTIN~
9. W AT 5 PRESENT LANe USE IN VICINitY OF PROJECT? .
,o.OOES ^C.OH U,VOLVE A eE.M,T A~PROVA~ OR PU.OWO..OW
STATE OR LOCAU?
Town Planning Board
County Plannin( Commission
. OOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VALID PERMIT OI
J-I Yea ~ Iio If yes, IlS1 eEoncy name end Pefmll/epploval
None pending except for this proposal.
,~. AS A RES.LT OF PROPOSEO ^C~L EXIE.N~ PERM,.^PPROV^L REOU,RE MOmF,C^.ONT
I CERTIFY THAT THE INFORMATION PRO~DED A8OVE IS T~E TO THE 8E~t OF MY KN~E~$
OVER
I
(Conttnue~ on ~eve~se s[~e)
Go°
''"' ' ........
10734 c207,
THIS INDENTURE, m~de the 6th d~y Gl October , ni.eteen hundred mu] eighty-eight
B~
TllOIUTI'ON E., SHITE, residing at 44 Brookslde Drive,
Plandome, NY 11030
par~y o! the ~rst ~ar~, and
REAL [$[A1E
NOV 14 198~
TRANSFER TAX
SLffFOLK
rty of th, ,econd pa., .,
wrr~F. SSiEiH, that the party o! the 6rat part, in consider~liofl of .......... ( $10.00 ) ......
'JOHNSIHICICH JR. and ~ATHERINB SIMICICHs his wife~
'both ~stdtng at 42~ tt~0ck~ NY
TEN & 00/100 ................................................. dolht~,
lawful money of th, United States, and other good and valuable consideration paid
by the party of the second part, does hereby grant a.d release nato the party of the seeo.d part, Ihe heirs ot
successors and assigns of the party of the second part forever,
~ th,t certain plot, piece or parcel of land, with the huildings and improvements thereon erected, situate,
lyingand~4ngkce~ at Mattituck, Town of Bouthold, County of Suffolk and
State of New York and being more particularly bounded and described
as follows=
BEGINNING at a point formed by the intersection of the northerly
line of Bound Avenue with the easterly line of Bergen Avenue,
and
RUNNING THENCE from said point or beginning North 21° 14' 20"
West along the easterly line of Bergen Avenue 177.89 feet;
THENCE easterly, southerly, again easterly and again southerly
through the land of the party of the first part the following
courses and distancea~
l) North 60~ 45* 40" East 644.58 feet;
2) South 20a 08* 38" East 338.03 feet;
3) South 88° 39' 03" East 220.16 feetf
4) South 4° 03' 40" East 329.33 feet to a point in the northerly
line of Sound Avenue;
THENCE westerly along the northerly line of Sound Avenue the
following courses and distances~
1) South 85° 56' 20" West 227.07 feet;
2) North 76° 49' 40" West 24.72 feet to the land now or
formerly o~ David R. and Jane Starwood;
THENCE northerly, westerly and southerly along the land now or
formerly of David R. and Jane Starwood the following courses and
distances~ '
1) North 1° 11' 20" East 226.21 feet;
2) North 85° 48' 40" West 208.96 feet!
3) South 1° 11' 20" West 185.00 feet to a point in the northerly
line of Sound Avenue~ .
* i '0734
Westerly along the ~ortherly line of Sound Avenue th~ iollo~it
1) North 66° 56' $0# ~est 204°03 feett
2) Horbh 63° 04* 20N Wesb 167017 £eet~
3) North 63~ 24* 00# West 113o59 f~et bo bhe poiat og pl~ee
BEXNG and intended to be a pa. rt of the same premises eonvsyed
to the party of the first part by LI~O #. 9LEDZII~glX and
his wife, by deed da~ed December 28, 1966 and r~eorded
office of ~he Suffolk Coufl~y clerk on ~8~pary 4, 1967
6094 page 518. *
TOGETIIER with III ~ght, title I~d Iflte~t, If i , of the ~fly the flr~
r~ds abuttifl~ t~ I~ de~fl~ p~mlsff to the center lines thet~f,
T~ with t~urtena~s a~ all ~e e~te and flute df t~ ~fly of the fir~ ~tt Iff end to
~ ~ ~D ~ HO~ the pr~s herein grant~ un~ .~ ~y
su~es~s and ~si~s of the ~rty of the s~ond ~ forever.
Al,ID the party of the first part covenants that the party of the first~, part has not done or suftrered a.ythtug
whereby the said premises have been incumbered in any way whetev~r, except as aforesaid.
AND the patty o~' the first part, in compliance with Section 1.1 of thle Lien Law, covenants that the ~rty o!
the first part will recelv~ the consideration for th~s conveyance and will hold the right to receive such eoflstd-
eratlon ns a trust fund to be applied first for the purpose of paying th~ cost of the improvement and *Iff apply
the nme first to the payment of the cost of the Improvement before ustng any part of the total of the sam~ foe
any other purpose.
The word "party" shall be construed as if it read "parties" wheneverl! the sense of this indenture so requites.
IN WITNF-q~q WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
THORNTON B, SMITH
STATI OBt NrW YOLK, COUNTY 4Mt ss: S?AYl O* NEW YORK. COUNTY
On the day o! 19 , before me Ch1 the da~ of
personally came . personally .c.?e , .
to me known, wl~., being by me duly aworn, did depose and I the subscribing betness to the foregoin- instrumanO with
sa), that he ~estdes at No. I whom I .am per~dnally acquainted, who,'being by'n~ duly
; I sworn, did depose and ny that he resides at No.
that he is the I
of J that he knows i
, the eotporatiofl described I
in ami which execute~, the fo~..iug instrument; that he [
to be the
know~ t.he seal o! ?d corporation; that the se~! nffixed Idescrlbed in antl who executed the foregning Instrument:
to ~aid mstrnment IS such corporate seal; Ihat It was so I that he, ~ald dubscribln~ wit~ess, w~ present and
~.ffixed by order of the board of directors of sai.d, corpora- I exeCUte the same; and that he, said wittiest,
eton, and that he signed h name thereto by like order. J at the same time subscribed h name as wJtoes! thereto.
19 , before me
Will[ ('.OVI!NANT AGAINST GRANIOR'S ACeS
.T,,,,.o. .
THORNTON E. SMITH
TO
JOHN SIMICICH; JR. and
CATHERINE SIMICICH
SfANOASO loire al fflW YOlK loans ol~ nRI UNOtSwtmsJ
TITLE GUARANTEE-
NEW YORK
A TICOR TITLE INSURANCE COMPANY
SECTION
BLOCK
LOT :
COUNTY ~1 TOWN
TAX IIII~LtNG Al)DRESS
G~a~t.~$ ~. GTyDD¥
February 15, 1990
Southold Town Board of
Town Hall
Main Road
Southold, NY 11971
Appeals
Re: Special Exception Application for Proposed Winery
"Mattituck Hills" for John and Catherine Simicich
Dear Sir or Madam:
Please find enclosed the following documents for filing with
reference to the above winery referred to as "Mattituck Hills
Winery," and premises located at the corner of Sound Avenue and
Bergen Avenue in the Hamlet of Mattituck:
(1) Application for Special Exception in triplicate, signed
and notarized;
(2) Notice to Adjacent Owner's form with certified mail
receipt and Affidavit of Mailing;
(3) Short Environmental Assessment Form;
(4) copy of current deed;
(5) copy of the Zoning Map;
(6) three copies of Plans "A," "B," "C," and "D" and
one copy of each Plan reduced to 8-1/2" x 14."
We ask that you accept this application for filing and schedule
this matter for a public, hearing on your next hearings calendar.
We have requested a Notice of Disapproval from the Building
Inspector's Office and were advised by the Building Inspector
that he was declining issuance of one on the basis that it was
not necessary. One of the reasons we feel the Building
Inspector's written Disapproval is necessary at this time is
for a determination as to compliance with area standards of the
zonin§ code.
Page 2 - February 15, 1990
To: Southold Town Board of Appeals
Re: Proposed Winery of "Mattituck Hills
Also, please note that amongst the four plans submitted for
consideration, Plan "A" or Plan "B" would also be feasible for
our clients' needs, as well as Plan "D" which was the plan
originally submitted to the Planning Board under the site-plan
process. Due to changes recommended by the Planning Board,
which we understand are based upon the Zoning Board's
consideration of another winery in Cutchogue (Gristina), we
have submitted these four plans for your consideration.
Should additional information be needed, please don't hesitate
contact us.
Very truly yours,
Charles
lk
Enclosures
to
Southold Town Building Department
Town Hall
Post office Box 179
Res Propossd Wlnsry o£ John Simieleh; Jr.
Hattltuck Bills (1000-121-1 p/o OOl)
Dear
In connection with tho proposed winery of Hr, and
Mrs, John Simieioh, Jr. at Reroon and Sound Avenues,
Mattituck~ New {ark, it is requested that a Notice of
Disapproval be issued after reviewing the attached plan in
order that we may pressed with the Board of Appeals,
The ~ollowing information is provided,for your asaistancet
County Tax Hap Ho, lO00-12l-l-psrt of Lot OOl
Minor Subdivision Lot No. I - Hap of John 9imiolch, Jr.
approved by the Planning Board Movember 20, 1989
Street Addresel Corner of the W/s Bsrgsn Avenue sad
8ound Avenue at Nattituck
Total Acreagel $,6468
Should you require additional information, please don't
hesitate to call.
Very truly yours,
Charles R, Cuddy
Bnolosure (Site Plan Hap)
/:ad
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(SI6)
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
January 29, 1990
Charles Cuddy
180 Old Country Road
P.O. Box 154
Riverhead, NY 11901
RE;
Proposed Winery Site Plan
John Simicich, Jr.
SCTM #1000-121-1-p/0!
Dear Mr. Cuddy~
The Planning Board has reviewed your client's application
and is not in favor of the layout as shown.
In reviewing the last Zoning Board of Appeals' decision
concerning a winery, it was noted that the Zoning Board had
requested that parking areas be located a minimum of 50 feet
from neighboring properties and be continuously screened with
evergreens.
The Planning Board agrees that a 50 foot buffer should b~
maintained between the parking area and the properties to the
South and East. Accordingly, the Board requests the parking area
be relocated to the North side of the property. For traffic
safety reasons, the.Board also requests that the entrance to the
property be relocated to Bergen Avenue to a point at least 100
feet north of the'intersection.
If you have any questions or require further
please contact this office. Upon sub~ission of
revised site plans, the Planning Board will p~oceed with its
review. However, please be aware that the Plahning Board cannot
grant final approval until your client obtains a Special
Exception fro~ the zoning, Board of Appeals. As o£ today, an
application has not been made to the Zoning Board.
Very truly yours,
Bennett Orlowski, Jr. ~
Chairman
rgk
cc~ Gerard Goehrtngher, chairman, Zoning Board of Appeals
UOARD OF APrltALS, tOWN Or $OOfllOI.U_ :.,
Iff the M~tler ol the Petltlo# of
O. ohn $1mlGich,.dr. .............
to Ihe Board.of, Appells of Iht_Town of
Mr. David Sta,'rwood
305 East 24th Street
New York, NY 10010
YOU ARK IIItltEIIY GIVEN NOtI(:EI
-Hattltuck,-...toffn.~r Southo.ld,.....Coo.ntY Tax,.Hep. ID....No, tOOO~121*l*e/o 001
-Aar lculLura l.ConserwLInn_ ~A.R). hl.~trlrt ..............................
4 lh~lhTmdtPelldofl, lheonde.lg,edWlllleqwflthefollowldffleileh..; .................
.$ecLIon Ioo'~ft,.,su~,se,~t.l.on ,fi(f3) o[,,Lhe, ZOnlflg .Code o..~hls $;6~,aGrQ percel.
tllhl I~ l~pell and be hold Il I~h hlltlffl, ' ' ' ' , , ,
February 25, 1990~ ,
,'. "'""' At t
,,R~. Ctlddy ~' Ol'lq '*'' '"
, roi tlohfl ~fld C~thorlno Slml~lth""
P~iltlefl~t
~~ Neff. YOrk..~,l 901. ', id ,~.b~
[Copy of sketch dP plan ~ho#1#g propoeel
NAME
Mr. David Starwood
(Tax Map Parcel
No. 1000-121-1-2)
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
305 East 24th Street
New York, NY 10010
ZBA Spec 7E~ception
Simicich
P 27? 3~-'fl
RECEIPT FOR CERTIFIED MAIL
NO INSORANCE COVERAGE PROVIDE0
NOT FOR ~NTERNATIONAL MAIL
(See Reverse)
~ rwo(~(C_---
z4t st.
[~Sta.~eoa.~d~,: O~d~ 1 0 0 1 0
E
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
Linda F. Kowalski , residing at 930 0]e Ju]e Lane
Mattituck, NY 11952 , being duly sworn, deposes and says that on the 2RI h day
of F e b r u a r.¥ ,19 90 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
rice at R i verhead. New York ; that said Notices were mailed to each of said persons by
(certified) (re~x,~'e:~) mail.
Sworn to before me this 28th
dayof February ,1990
Notary Public
(This side does not have to be completed on form transmitted to adjoining
property owners.)
BOARD OF APPEALS. TOWN OF sOUTHOLD .....
:
In Ihe Matter of the Petlllon of :
,~ohn Simicich, 0r, :
To the Board of Appeals of Ihe Town of Soulhold
TO:
NOTICE
TO
ADJACE}IT
' PROPERTY Ot~4ER
YOU ARE HEREBY GIVEN NOTICE:
I. That it is the Intention of the undersigned Io petition the Ooatd of Appeal! of the Town of Soethold
to request a (I~'JtY~) (Special Extepllon) (~lhYtTal ]P~IhffqX ~(~I~K~ ~(X X Faj~t(d(M X~y~F
2. Thai the property which is the subjett of the Pellilofl I~ I~ated adlacem lo yom p~operiy a~d I~ dt~.
ttibed as follows: ~e~t Sid~ of R~rgen Av~n.p and Nnrth, Rid~ nf Rniind Au~nlta
MattJtuck, Town of Southold. County Tax,Map ?O No. 1000-121-1-p/o 001
That the property which Is the subject of such Petition Is located In the following loning district:
Aericu]Lura]-Conservatinn (A-C1 fli. Rtrtr:t
4 lhatb~suchPetlthm, lheunderslgned willrequestthefollowl~relieF:
~o eRLahli~h ~in~rv nne~ttnne as nprmiLLpd .ndpr Ar[i~la 11~
Section 100-31, subsection B(la) of the Zoning Code on this 6+ acre
paicel.
S. Thai the provisions of the 5oulhold Town Zoning Code applicable tO the relief sought hy Ihe under.
signed are Atl:icle III Secl:J. ott. tflO-~IR
6. That within five days from the dale hereof, a wdtte~ Pellllofl teque~tiflg the relief ~petlfltd above miff
be filed In the South~ld Town Cletk'~ Orate at Main Road, ~ulhold, New Ymk ~fld you ~ly
examine the same durlnff regular office houri. {51G) 765 1809.
7. That before Ihe relief Sought may be grated, a public hearlflll must be held off the mallet by Ih(
Board of Appeals: that a notice of such heating tflu~t be published ii lea]t fl~ dayt fltlot to Iht dlle of ]~h
hearl.~ iff the Suffolk Timer ~.d In the Lo~ I~lahd Tft~l~t-M~tlltutk Watthm~n, .ew~p~petl publlth~ I~
Town of Southold and d~lgdited for the publleillod of loth flbtleet; Ihll you of yout t~ptetefltallve have
tllhl to a~pear add be heard at ~e~h.heating,. . ....
Dated:' ,January.~/ t 1990,
"'""' ~ha~les R;. Cuddy as'AtttornUy~' ,.
for John and Catherine Simtclch' "
· Petitioner
(0wners'Name~:,Tc~& ~Lheri~ Slmicl~ )
Pool Office Address'" ''"
P.0, Box 1547
~lva~h~d+,Ne~.York ligOl . ..,...~
?el. No. 1'515 } 36g-82o0
[Copy of sketch or plan showing proposal
purposes.]
Lo be
Mr. Thorton Smith
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Cox Neck Road, Mattituck, NY 11952
Simicich
P 429 503 861
STATE OF NEW YORK
COUNTY OF SUFFOLK
SS.:
Linda Kowalski , residing at 930 Ole Jule Lane
Mattltuck, NY llgbZ , being duly sworn, deposes and says that on the 15th day
of Feb r u a r,y ,19 9 0 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown .on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Ri verhead Pogi-. Of fi c~ ; that said Notices were mailed to each of said persons by
(certified) ~ftX~s~a~) mail.
LiHda Kowal s
Sworn to before me this 1 5 t h
Notary Public
,~A L (., 0 LAT I m N r-'o
5Z.7
JOHN $1MIClCH,J~.
4250 BERGEN AVE.
MATTITUCK, H ~ 11952
T E.,~T
f I
' uovtd R. 8~-, Jane Starwood
LOCATION MAP
SCALE~ I =600
roP_:::\VAO.P_., l)'i~rotOl,,,l
SITE PLAN - PROPOSED
PREPARED FOR
WIrNERY ,
JObtN SIMICICH ,-JR
AT MATTITUC'K
TOWN OF SOUTHOLD
SUFFOLK.
SHEET I OFG
COUNTY, N.Y.
400 OSTRANDER AVE. ,.~IVERHEAD ~ N,Y~
HOWARD W. YOUNG N.YG*L.S. LIC.NO. 45893
, /
now or formerly
David R. 8~ Jane Starwood
SITE PLAN - PROPOSED
PREPARED FOR
JOHN SIMICICH,
AT MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
WINERY
JR.
YOUNG ~ yODNG
400 OSTRANDER AVE, RIVERHEAD~ NY
ALDEN W. YOUNG~ N.Y.S. PE. ~ L.S. LIC. NO 12845
HOWARD W. YOUNG, NY S. L.S. LID NO 45895
THOMAS C WOLPER'r, N.Y.S.P.E. LID. NO. 6[483
SHEET E OF E 50302