Loading...
HomeMy WebLinkAbout3898 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWiCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3898 Matter of PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B (6), for permission to use existing barn for winery production and storage. Property Location: 32180 Main Road, Cutchogue, County Tax Map No. 1000, Section 103, Block 01, Lot 19.2. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of PECONIC BAY VINEYARDS under Appeal No. 3898; 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. The premises in question is located along the south side of Main Road, Town of Cutchoque, and is identified on the Suffolk County Tax Maps as District 100, Section 103, Block 01, Lot 19.2. 2. This is an application for a Special Exception from the Zoning Code Article VII, Section 100-71 B (6), for permission to use existing barn for winery production and storage. Page 2 - Appl. No. 3898 Matter of PECONIC BAY VINEYARDS Decision rendered February 15, 1990 3. Article VII, Section 100-71 B (6), The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one (1) use shall be allowed for each forty thousand (40,000) square feet of lot area: (6) Wineries. 4. The premises in question contains a total acreage in excess of 2.783 Acres (121,288 sq. ft.), in the Hamlet of Cutchogue, Town of Southold. 5. The subject premises is located in a Residential Office (RO) Zone District. 6. In considering this application, the Board finds and determines: (a) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; {b) that the special exception will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the special exception, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Special Exception in the matter of the application of PECONIC BAY VINEYARDS as applied under Appeal No. 3898, for the use of existing accessory structures, excluding the farm stand, for the production and storage of wine. Accordingly, wine production will primarily take place in largest structure on premises, which is existing large barn. Vote of the Board Ayes: Messrs. Goehringer, Dinizio, (Absent Joseph Sawicki and Serge Doyen). resolution was duly adopted. df Grigonis, and This GERARD P. GOEHRINGER, RECEIVED AND FILED BY T~.____SOUT~O~D TOW~ CT.~ Town Clerk, Town o~ R - ~outhold 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 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 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, $outhold, NY 11971, on THURSDAY, FEBRUARY 1, 1990, at the following times: 7:30 p.m. Appl. No. 3902 - HENRY HUNSTEIN. Variance to the Zoning Ordinance, Article III A, Section 100-30.3, (100-33)', as disapproved, for permission to construct accessory building in frontyard area. Property Location: 90 Kimberly Lane and 135 North Bayview Road, Southold, County Tax Map No. 1000, Section 70, Block 13, Lot 20.20. · Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 7:35 p.m. Appl. No. 3901 - THOMAS ESCHMANN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4, (100-~3), as disapproved for permission to construct accessory building in the frontyard area and accessory shower in sideyard area. Property Location: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 10. 7:40 p.m. Appl. No. 3905 - ANTHONY J. MERCORELLA. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 4. 7:45 p.m. Appl. No. 3904 - HARRIET SPILMAN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct addition to existing dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 1730 West Creek Avenue, Cutchogue, County Tax Map No. 1000, Section 110, Block 1 Lot 7.3. · Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 7:50 p.m. Appl. No. 3900 GERHARD SCHREMMER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080, Block 02, Lot 001. 7:55 p.m. Appl. No. 3897 - PARKER J. WICKHAM. Variance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct a building for antique vehicles, proposed construction will have bulk, area and parking regulations and insufficient side yard setback. Property Location: 410 Airway Drive, Mattituck, County Tax Map No. 1000, Section, 123, Block 01, lot 02. 8:00 p.m. Appl. No. 3899 - AGNES AND CHERYL PAGNOZZI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct an addition to existing dwelling, proposed construction will have insufficient side yard. Property Location: 1~50 Jockey Creek Drive, Southold, County Tax Map No. 1000, Section 70, Block 5, Lot 17. · Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 8:05 p.m. Appl. No. 3898 - PECONIC BAY VINEYARDS. Special~ ption to the Zoning Ordinance, Article VII, Section 100-71 B for permission to use existing barn for winery production storage. Property Location: 32180 Main Road, Cutchogue, ty Tax. Map No. 1000, Section 103, Block 01, Lot 19.2-- 8:10 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3. 8:15 p.m. Appl. No. 3908 - ROBERT OCHSENREITER AND EDWARD LENCESKI. Variance for reversal of building permit to construct a one family dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. Page 5 - Notice of Hearings Southold Board of Appeals Regular Meeting of February 1, 1990 8:20 p.m. Appl. No. - ROBERT AND ETHELLE SCHROEDER. Variance for reversal of building inspector for change of use of land and existing building without obtaining a Certificate of Occupancy. Property Location: 4380 Main Road, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4. 8:25 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, Section 100-239d, as disapproved for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. 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 January 22, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date...%.,~.../.~. .... 19 .~.c[. 19 .~ .~.. ' Q~r~%~.....~...%..~ ................................ / at for permit to Location of Property .~..;5./.~..O . .~...o~.'.....~..~. Hoose ,Vo. " 'S't/eet ' '1 ....... County Tax Map No. 1000 Section .... .] .O..,~.... Block ..... .~. [ ..... Lot .... I.c~ .'.a-,- .... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..(~k~. ~,...~~. .~o-,~-?~.~ (.63 co .... ...................... ~...~.~......~.~. ~.~....~.~.~z~. ~.. ~ ..... ~..~~..~ .~7~~..~~... Building Inspector RV 1/80 DEC ! t 989 APPLICATION FOR SPECIAL EXCEPTION ~,,~hakl T~mt ~lerk TO THE ZONING BOARD OF,.APPEALS, SOUTHOLD, NEW YORK: ~s ~-. ~, }~ Date Filed: ~Residence', House No. and Street) (Hamlet, State, Zip Code, Telephone Numb6r) hereby apply to THE ZONING BOARD~.J~E_APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~j~(.6- , SECTION /am-~{ ~ (&), 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. N£~/ 2~,~ is(a~LK) the owner{~.) of property known and referred to as "3~F~' /~F~(,// ~ ~ ~_~cA/~6~¢ ~ ~/.~. {House No., street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section/~_~,, Block / , Lot(~J~ /~·2 , which is not ~) on a subdivision Map (Filed , "Map of "Filed Map No. , and has been approved by the Southold TOW~' Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on j-~z~ /~ / /?~ 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 t~ property or persons in the neighborhood for the following reasons: X C. The property which is the subject of this application is zoned [ ] i$,cmnsis%ent 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~)JQ: ~-~J~/* ~- ~ ~-~ [ ] is vacant land. COUNTY OF SUFFOLK) . STATE OF~ YORK~ ss.: / _ (Si~atur~) Sworn~o before me this ~ day of ~m~ ~ , 19~. N~aW Public, ~ ~ N~ Y~ ZB2 ~(rev. 2/6/86) ~.~-~1~ Commi~n ~ A~1~,1%~,~ : '*~'/ TOWN` OF SOUYHOLD PROPERTY RECORD CARD ~,/oo~ -/o3-1- /?.2 OWNER STREET VILLAGE DIST SUB. LOT FORMER OWNER...~i,~i,) ~. I~-c~Oe~- N E . ACR. S W / ~PE OF BUILDIN~ RES~ ~. VL. FARM CO~. CB. MICS. Mkt. V~lue ~N D IMP. TOTAL DATE ' R~RKS 7/~3/~. I; /~ 1~Il ?' C,a~/w. ' "/ / ~ Tillable FRONTAGE ON WATER W~land FRONTAGE ON ROAD ~ ~ ~ Meadow~ DEPTH ~ ~ ~ Hou~ Plot BULKH~D Tota I COLOR TRIM Extension //~ X'/~ :' .24~, Extension ~tension Porch Porch Breezeway Goroge O. Bo Total /, J ~ I ¥'L', ,,.y'o Foundation Both Basement Ext. Walls Fire Place Type Roof Recreotion ROom Dormer FlOors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor j Driveway Dinette K. LR. DR. 3R. FIN. B ~Cc~/~: ;ZOO~: In s~, co. ~',~x f~r~¢{ z~oo - zoo- ~- ~(p,) lauc~, ~t, 19~99 APPEAL~ BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 ~ Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Richard G. Ward, Town Planning Board-Chairman Jerry Goehringer. Zoning Appeals, Chairman April 12. 199~,~_~ Your Memo/Inquwy 1000-103-1-19.2 - Conversion of Dwelling to Restaurant in Conjunction with Special Exception for Production of Wine In response to your inquiry, please let this confirm that it is the position of the Zoning Board Members that since the property owner is proposing a conversion of the residence different from the original project submitted under Special Exception No. 3898. - that an amended application (Special. Exception} will be required if the owner intends to continue, the Special, Exception use in conjunction 'with a restaurant {instead of residential use), Special Exception No. 3898 issued 2/1/90 was for the .production of wine,by PeconiC-Bay Vineyards in conjunction with the residence, and did not i~clude retail sales, wine tasting events, or activities other than the production of wine from cjrapes grown by Peconic Bay Vineyards. "'~ GG:Ik PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hail, 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: From: RE: Gerard P. Appeals Richard G. Ward, Chairman Proposed Site Plan for Peconic Bay Vineyard Route 25, Cutchogue SCTM# 1000-103-1-19.2 DATE: March 18, 1994 Goehringer, Chairman, Zoning Board of The Planning Board has a site plan application on the above referenced property. The Board would like to know if any further approvals are required to the Special Exception granted to produce wine in the barn building. The current site ~lan is for a conversion of the residence to a restaurant. A copy of the proposed site plan is attached for your use. cc:. Thomas Fisher, Senior Building Inspector In Charge L APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 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, dff GERARD P. CHAIRMAN GOEHRINGER DEPARTMENT OF PLANNING O*~OUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 April 2, 1990 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County , Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Comission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal' File Number(s) Parker Wickham ~z/Peconic Bay Vineyards 3897 3898 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. · SERGE DOYEN, JR. JOSEPH H. SAWICK{ JAMES DINIZI0, JR. 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 South~ld Town . XX Special Exception, ArticleVII , SectionlO0-71 Special Permit ' ' Building Inspector B (6) Appeal No.:3898 Applicant: Peconic Bay Vineyards Location of Affected Land: 22180 Main Road, Cutchogue, NY County Tax Map Item No.: 1000-103-1-19.2 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound"or Estuary) XX State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Or, ned Land State or 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 winery production requesting permission to use existing barn for and storage. Copies of Town file and related Dated: March.27, 1990 documents enclosed for your review. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, ..IR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y'. llg?l TELEPHONE (516) 765-1809 March 20~ 1990 Mr. Ray Blum Peconic Bay Vineyards P.O. Box 709 - Main Road Cutchogue, NY 11935 Re: Appl. No. 3898 - PECONIC BAY VINEYARDS (V g£ e ) Dear Mr. Blum: 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' Office County Planning Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) '/65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 31, 1989 Mr. Ray Blum Peconic Bay Vineyards Box 709 Main Road, Cutchogue Long Island, N.Y. 11935 Proposed expansion of Peconic Bay winery SCTM9 1000-103-1-19 Dear Mr. Blum: As recently discussed, the Planning Board has reviewed your proposal and makes the following comments: An amended site plan is required showing the additional property and the existing and proposed uses of all buildings. The site plan should contain all of the elements as contained in article XXV of the Town Code. A copy of your letter has been forwarded to the Board of Appeals for their review. truly yours, . .~ .... . - -'- B~E~ O~OWSKI, JR. '" C~i~ ~: rqk ~$ August 15, 1989 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Town Hall Main Road $onthold, New York 11971 Dear Mr. Orlowski: would like to obtain an~extension of my special exception to operate winery to the property adjacent to my property at: 31280 Main Road, Cutchogue, New York. Is it necessary to file a new application with the Planning Board and a new site plan, since the properties are contiguous? I plan on using the existing retail sales building as is and the new building for production only. I also plan on using the existing access and parking, making only a change in use for the buildings on the new parcel. Please see the drawing enclosed. Please advise on how to proceed. RB:lcr Sincerely, Ray Blum President Box 709 Main Road, Cutchogue, Long Island, N.Y. 11935 (516) 734-7361 ~, al, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hearing no further questions, I make a motion to close the hearing, reserve decision until later, and thank you all for coming in. I appreciate you coming. BOARD MEMBERS: Second. THE CHAIRMAN: All in favor? BOARD MEMBERS: Aye. THE CHAIRMAN: This next appeal is in of , __ _ -- , Appeal 3898. The legal notice reads as Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B(6), for permission to use existing barn for winery production and storage. Property location: 32180 Main Road, Cutchogue,, County Tax Map Number 1000, Section 103, Block 01, Lot 19.2. Copy of a site plan produced by Nancy , registered architect, most recent date October 2, 1989. We have here an existing house and surrounding buildings which are in the nature of this application, and in it includes one large barn. I have copy of the Tax Map indicating this and surrounding 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 33 properties in the area. Is there someone here ... to represent ... how do you do? MR. BLUM: Ray Blum, from Main Road, in Cutchogue; I am the applicant and I wanted to remind the Board that it doesn't say that, and it was not mentioned that this is an extension of an existing special exception which I already have from the property next-door and this is just expanding it into this particular parcel without the addition of putting up some other buildings. THE CHAIRMAN: Can you tell me which building you are anticipating ... first of all, are you leasing this property or buying this property? MR. BLUM: No, the property was purchased by relatives and I am leasing it It comprises this of these buildings? Correct. What building would from the relatives. THE CHAIRMAN: entire piece, all MR. BLUM: THE CHAIRMAN: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 you be doing retail MR. BLUM: use on the parcel 34 sales out of? The existing building we next-door, and the building we use for the winery is one as was stated before. about a three acre parcel a larger We are talking joined on another 27 acre parcel which is what is existing ... THE CHAIRMAN: And all of the existing buildings in some way will be used for winery purposes. The house will house the people that work for you? MR. BLUM: The house is currently rented, and the other barns are used for equipment storage, farm equipment, tractors. THE CHAIRMAN: What about the farm stands? MR. operating. THE CHAIRMAN: a farm stand? MR. BLUM: Yes. I it, but it is there, yes. and things like that. THE CHAIRMAN: BLUM: The farm stand is up there That was rented, also. That will continue as have no use for We sell flowers So no retail sale will 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 actually come over to this area. MR. BLUM: No. THE CHAIRMAN: .You are not antici- pating any retail sales? MR. BLUM: No, because I have a building nex%-door which is heated, air- conditioned, and has been operating for the past seven years. THE CHAIRMAN: We thank you very much for explaining it to us. Is there anybody else that would like to speak concerning this application, either Seeing no hands, I ask the there are any questions? Hearing no further for or against? Board members if MR. DINIZIO: None. THE CHAIRMAN: questions, I make a motion to close the hearing and make the decision at a later time. Second. All in favor? Aye. Thank you very much BOARD MEMBERS: THE CHAIRMAN: BOARD MEMBERS: THE CHAIRMAN: for coming in. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. Chairman DATE: February 1, 1990 RE: Peconic Bay Vineyards SCTM# 1000-103-1-19.2 The following is in response to your request of January 29, 1990 for comments on Appeal No. 3898 Peconic Bay Vineyards. The Planning Board is in favor of this request for a special exception. The Site Plan shows the use of a barn on an existing farm for wine processing in conjunction with the adjacent property. The adjacent property is a winery processing and retail sa-les operation that received site plan approval and a special exception in 1985. The use of a barn for wine processing on an existing farm will not cause a more intensive use of this property. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH N. SAWICKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 ~ SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 December 13, 1989 Mr. Ray Blum Peconic Bay Vineyards Box 709 - Main Road Cutchogue, NY 11935 Re: Appeal No. 3898SE Dear Mr. Blum: Enclosed is our form "Notice to Adjacent Property Owner." This should be sent to Mr. Frank Cid~anowicz, Main Road, Peconic, NY 11958. Please have notarized and return with certified mail receipt to our office as soon as possible. This is necessary since the previous form you sent was dated August 4, 1989 and this form must be filed within five days of your appeal. Thank you for your cooperation. TR Encl. YoOrs very truly, GERARD P. GOEHRINGER CHAIRMAN NOrlCE OF HEARINGS NOTICE OF 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, FEBRUARY I, 1990, at the following times: 7:30 p.m. Appl. No. 3902-- HENRY HUNSTEIN. Variance to the Zoning Ordinance, Arti- cle lli A, Section 100-30.3, (100-33), as disapproved, for permission to construct ac- cessory building in frontyard area. Property Location: 90 Kimberly Lane and 135 North Bayview Road, Southold, Coun- ty Tax Map No. 1000, Section 70, Block 13, Lot 20.20. 7:35 p.m. Appl. No. 3901- THOMAS ESCHMANN. Variance to the Zoning Ordi- nance, Article III A, Section 100-30 A.4, (100-33), as disap- proved for permission to con- struct accessory building in the frontyard area and accessory shower in sideyard area. Proper- ty Locution: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 10. 7:40 p+m. AppL No. 3905-- ANTHONY J. MERCOREL- LA. Variance to the Zo.ning Or- dinance, Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct deck ad- dition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Proper- ty Locution: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 1457 _ Block 4, Lot 4. 7:45 p.m. Appl. No. 3904-- HARRIET SPILMAN. Vari- ance to the Zoning Ordinance, Article XXIlI, Section 100-239.4 B, for permission to construct addition to existing dwelling. Proposed construction will be less than 75 ft. from the bulk- head. Property Location: 1730 West Creek Avenue, Cutchogue, County Tax Map No. 1000, Sec- tion Il0, Block I LOt 7.3. 7:50 p.m. Appl. No. 3900~ GERHARD SCHREMMER. Variance to the Zoning Ordi- nance, Article XXIV, Section 100-244 15, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Locution 1380 Oak Drive, Southold, County 'lhx Map No. I000, Section 080, Block 02, LOt 001. 7:55 p.m. Appl. No. 3897-- PARKER J. WICKHAM. Vari- ance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct a building for antique vehicles, proposed construction will have bulk, area and parking regula- tions and insufficient side yard setback. Property Location: 410 Airway Drive, Mattitock, Coun- ty Tax Map No. 1000, Section 123, Block 01, Lot 02. 8:00 p.m. AppL No. 3899-- AGNES AND CHERYL PAG- NOZZI. Variance to the Zoning Ordinance, Article XXIV, Sec- tion 100-244 B, for permission to construct an addit{on to ex- isting dwelling, proposed con- struction will have insufficient side yard. Property Location: 1450 Jockey Creek Drive~i,[ Southold, County Tax Map No. 1000, Section 70, Block 5, Lot PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B (6) for permission to use existing barn for winery pro- duction and storage. Property Location: 32180 Main Road, Cutchogue, County Tax Map No. 1000, Section 103, Block 01, J, al.t 19.2. 8:10 p.m. Appl. No. 3882-- B1DWELL WINERIES. Special Exception to the Zoning Ordi- nance, Article III, Section 100-30, for approval of con- sumer tasting and retail sales from the winery. Property Loca- tion: Route 48, Cutchogue, County Tax Map No. 1000, Sec- tion 96, Block 4, Lot 4.3. 8:15 p.m. Appl. No. 3908-- ROBERT OCHSENREITER.; AND EDWARD LENCESKE Variance for reversal of building permit to construct a one fami- ly dwelling. Property Location: 565 Bayer Road, Mattitock, County Tax Map No. I000, Sec- tion 139, Block 3, Lot 14. 8:20 p.m. Appl. No~.~-~E ROBERT AND ETHELLE SCHROEDER. Variance for versal of building inspector for change of use of land and exJzt- lng building without obtaining a Certificate of Occupancy. Pro- perty Location: 4380 Main Road, East Marion, County ~ Map No. 1000~ Section Block 5, Lot 4. 8:25 p.m. Appl. No. 3770- PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C-122, Sec- tion 100-239d, as disapproved for permission to construct Boat Storage Building with insuffi- ciant setbacks and exce~ive Io~ coverage in this Marine Il (M- Il) Zoning District. Pro~a'ty Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3+3, 4, 6.1. The Board of Appeals will at said time and place hear nny and all persons or representatives de- siring to be hcurd in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allot- ted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: January 22, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN )'~ ~ By Doreen Ferwerda IX, 1/25/90 COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND 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 Long Island Traveler-Watchman once each week for ..................... /. .... weeks successively, commencing on the ......... 72~..&].~'. ....... Sworn to before me this ....... .c:~..~"..~-. ........ day of 19 .??.. Notary Public ~R. DARA A, SCHNEIDER NOT~ '~' FU,r,~!_[C, State ol New York SoOthold Town Board of Appeals Regular Meeting of February 1, 1990 Copies to the following on or about January 24, 1990 Suffolk Times, Inc. L.I. Traveler Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Bd~Pd Members (with c6pies of files) ZBA Individual Files Mr. H. Hunstein 302 Saville Rd., Mineola, NY 11501 Riverside Homes, as Agent for Thomas Eschmann 1159 W. Main St., P.O.Box 274, Riverhead, NY 11901 Mr. Anthony Mercorella 131 Duxbury Road, Purchase, NY 10577 Karen Hagen, Esq. for Harriet Spilman Wickham, Wickham, Bressler Main Road, P.O. Box 1424~ Mattituck, NY 11952 Salvatore DiSalvo as Agent for Gerhard Schremmer 47-39 162nd Street, Flushing, NY 11358 J. Parker Wickham 410 Airway Drive, MattitLick, NY 11952 Louise Beck Schnabel for Pagnozzi 1600 Jockey Creek Drive, Southold, NY 11971 Cheryl Pagnozzi 1450 Jockey Creek Drive, Southold, NY 11971 Mr. Ray Blum for Peconic Bay Vineyards Main Road, P.O. Box 709, Cutchogue, NY 11935 Mr. Kerry Bidwell for Bidwell Wineries Route 48, Cutchogue, NY 11935 Daniel Ross, Esq. for Ochsenreiter and Lenceski Wickham, Wickham & Bressler Main Road, P.O. Box 1424, Mattituck, NY 11952 Daniel Ross, Esq. for Robert & Ethelle Schroeder Wickham, Wickham & Bressler Main Road., P.O. Box 1424, Mattituck, NY 11952 Southold Town Board of Appeals Regular Meeting of February 1, 1990 Copies to the following on or about January 24, 1990 Mr. Theodore Traturis for Robert & Ethelle Schro6d~r 5804 7th Avenue, Brooklyn, NY 11220 Mr. Eraklis Apodiacas for Robert & Ethelle Schroeder 7122 Ridge Boulevard, Brooklyn, NY 11209 Mr. David Gilli:spie for Robert & Ethelle Schroeder 221 North Road, Greenport, NY 11944 Mr. Merlon Wiggin for Port of Egypt Peconic Associates, i Bootleg Alley, Greenport, NY 11944 Southold Town Board of Appeals MAIN RDAD- STATE RnAD 25 SnUTHDLD, L.I., N.Y:; l'lCJ?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINtZIO, JR. TYPE II February S.E.9.R.A. ACTION D~.CLARATI ON l, 1990. Appeal No. 3898 SE Project/Applicants: County Tax Map No. Location of Project: Pecnic Bay Vineyards 1000-103-1-19.2 32180 M6Tn-Road, Cutchogue Relief Requested/Jurisdiction Before This Board in this Project: Permission to use existing barn for winery production 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, Southold, NY 11971 at (516) 765-1809. tr F F ]UDITH T. TERRY TOWN CLERI/ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: December 11, 1989 Transmitted herewith is Zoning Appeal No. 3898 application of Reynold Blum - Peconic Bay Vineyards for a Special Exception. Also included is Notification to Adjacent Property Owners; Short Environmental Assessment Form; Certificate of Occupancy for Non-conforming Premises; survey of property; and any other attachments relative to this application, Judith T. Terry ~' Southold Town Clerk PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDleted by ADPlicant or Project sponsor) 1. APPLICANT/SPONSOR ] 3. PROJECT LOCATION: . Munlcl0allty C ~ ~'C' .///~ 4 ~ r" County .~'~.~/~/'.~ 4:.~/ 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or Drovide map) SEQR 5o IS PROPOSED ACTION: m .,. E;.a.slo. 6. DESCRIBE PROJECT BRIEFLY: [] Mocli ficat Ionlalt eratlon 7. AMOUNT OF LAND AFFECTED: lnitiaUy .-~ acres Ultimately ~ acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? .~Yes [] No If No. descrit)e briefly WHAT lb "RESE.T LA.. USE 'N WCIN TY DP PROJECT? [] Residential ~ Industrial ';,[] Commercial [] Agric.lt.re Describe: 10. 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 ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MOD F CATION~ [] Yes ~'No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE SEST OF MY KNOWLEDGE Signature ~ l If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER I (Continued on reverse side) _~The N.¥.$. Enviro'nmental Quality Review Act requires submission of chis form, and an enviro'nmental review will be made by this board before any action is taken. ~HORT ENVIRONMENTAL ASSESSMENT ~or~! 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 the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? 3. Will project alter or have a large effect on ail existing body of water? 4. Will project have a potentially large, impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 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- acter of the community or scenic views or vistas known to be important to the community? 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=at importance or any site designated as a critical envircnmental area by a local agency? 10. Will project have a major effect on existing or future recreational opportunities? 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? 12. will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? 13. Will project have any impact on public health 14. Will project affect the existing community by directly causing a growth in permanent popula- period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there project? Preparer.s Signature: Representing: ZBA _ Yes /NO P~/controversy concerning the QUEST~O.NNAIRE TO BE CO:4PLETED AND SUB:I~TTED YOUR APPLICATION L.'()iUI~ '['O 'L'LIE G~):\RD ~)L.' ,\L~PEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other SUpporting documenta- tion. 1. Are there any 2.a)Are there any b) proposals to chang9 or alter land contours? areas which don~ain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Are there any areas open ~o a waterway without bulkhead? Are there existing structures at or below ground level, such as patios, foundations, etc? Are there any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground 1--r~l? State total: .... ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1-i~l? State total: ...... ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Yes Yes ~ Yes ~ Yes ~ Yes ~ Yes ~ Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board " Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? Yes ~o Yes ~o Yes ~o Yes ~o Yes Yes ~ If yes, please submit copy of names or purchasers and conditions of sale. (f · . ~' ) ~. ZO~/77-F~$~, Yes N~J 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes ~ 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have · you made application to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject proper.ty at this time and proposed ~6£~F~¢ - /g~~.~¢ Yes ~ Please submit photographs £or the recor=. I certify that the above statements are true and are being submitted for reliange by the Board of Appeals in considering my application. igna~u~e {~r~percy ~'ncr; (~unorizeU Agen~)~ 1/88 WETLANDS [Amended S-26-7{; IJy LL. No. 2-1970: 85 by ~ No. A. TIDAL W~TLANDS: (l)All la~d~ ~cnerally cnvm'~,d or in~rmittcntly 'ov. ered wi[~, o~W ich bord~,r on, tidal waU~r:~, or lands lying beneath tidal wnter~, xvhicb at mean iow tide . are covered by tidal waters to a maximom depth five (5) feet, inclnding but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal ac[ion: (2) AIl banks, bog's, meaduwR, rials and tidal marsh subjec[ ~ such tides and Upon which grows or may grow some or any of the folJowinff: salt hay, black gra~. s~ltwor~, se= lavender, ~11 cord~rass, high bush, cattails, groundsel,, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A{2) and Jyinff within seven- ty-five (75) fee: ]amlward of the most landward ~ge of such a tidal wetland. FRESHWATER WETLANDS: (1) ~rreshwa~r wetlands" as defined in Article 24, tie 1. ~ 24-0107..subdivisions l(a) ~ l(d) inclusive, of the Environmen~l Conservation ~w of :he Sto~ of New York: and (2) Al/land immediately adjacent to a "/'reshtvater xvet- land." us defined in Subsection 13(1) and lying, w/th- in seventy.five (75) feet landward of the most land. ward edge of a "fl'eshwater Wetland." 9705 A-C HD ( ! ! ! ! ! STATE OF NEW YORK COUNTY - SUFFOLK TOWN OF SOUTHOLD SWIS - 473889 C R 0 S S R E F E R E N..C. E ._L~_I. S PARCEL IDENTIFICATION SEQUENC Y CK 1989_.- -.= _ PARCEL ID R DG N A M E ' TOTAL COUNTY 102.-8-25 C' RY DEMBROSKY JR STANLEY & ' 1400 1400 102.-~-~6 C SR DEMBROSKY JR STANLEY . 7900_~790C. 102.-8-27 C TK BARSALI ALDO & WF 9800 9800 102.-8-2~ CUD SOLOMIDIS JOHN & WF 7100 7100 102.-8-29 C UW COOK JOHN E & WF 8300--7831 102.-8-30 COZ DAVEY JAMES H &ANO 7800 7800 102.-~-31 C PS COMMENDER EDWARD J ~ 0 ' ~400 --i400 102.-8-32 ._ C QL lO2.-8-33 c RE lO2.-8-34 c RX lO~.-8-35 c so C TJ C UC C JR C KK C LO C LW MOSER CHARLES L & WF ..... 7600 SAYRE JR ROBERT E & WF 8700 8231 REILLY THOMAS D & THER 6900 6_~00 SUFFOLK COUNTY ...... ~ 0 TOWN OF SOUTHOLD 100 0 TOWN OF SOUTHOLD 100 0 HOMAN JAMES ~ ELIZABET _5000 ~5~00 HOMAN JAMES F & ELIZAB 1000 1000 HOMAN, JAMES & WF )1000 31~000 HOMAN JAMES P.& 7100 7100 102.-8-36 102.-8-37 103.-1-1 103.-1-~_ 103.-1-) 103o-1-4 103.-1-5 C 103.-1-6 C 103.-1-7 . C 103.-1-9.1 C QJ 103.-1-10 . C JO 103o-1 -11 C KJ 103.-1-12 . C LC 103.-1-13 C LV 103.-1-14 C MO 103o-1-15 C NH 103.-1-16 103'.-1-17 103.-1-19.2 ~ 103.-1-19.3 103.-1-19.6 103.-1-19.7 MP GIBBS RICHARD NI OB .... AgoQ GREEN ROSE F 3400 0 CUTCHOGUE UNETED METHO 1800 0 8IAIKIE, DENNIS M & WF 12100 HORNE DOROTHY W & 10100 ZINK HILDA 560~ GOODALE ROBERT A &ANO ..... 7109 MACHNOWSKI EDWARD 5100 GLOVER EVERETT B ~ WF 8500 KLOS, FRANK T 7500 WICK STEVEN 6700 DEBORA C OA CHARNEWS FREDERICKJ & 7000 H NOWICZ 3RD FRANK 820~ C VH LADEMANN MICHAEL C WD 103.-1-19o8 C WZ 103.-1-19.9 ' C XV 103.-1-19.10 C RA 103.-1-19.11 C RW 103.-1-~0.2 C MA 103o-1-~0.5 C O0 103.-1-20.6 C PK 103.-1-2_1 C LB 103o~1-22 C LU 1 03.-1-23 C MN 103.-1-24 C NG 103.-1-25 C NZ 103.-1-~6 C OS 103.-1-27 C PL 103.~1-28 C QE 103.-1-29 C QX 103.-1-30 C LA 103.-1-31 C LT 12100 ~_OlOO 5600 5100 .soo 7031 7000 5400 7100 8200 6231 8500 ..... ~3500 PAGE TOTALS FOGARTY JAMES & )~_ 1200 ORLOWSKI ~ENNETT JR 10200 10-2~00 gLUM REYNOLD &ANO 100 100 gLUM REYNOLD F 9200 .... ~'800 SOWINSKI BARBARA 2500 ~500 DALCHET cORPORATION ' 1400 ..... i400 ORLOWSKI, WILLIAM & WF 1300 1300 LADEMANN, JOHN C & WF 10500 1~500 DOBEK, ANTONE V & WF 5100 4631 JANUICK, WILLIAM & WF 5'9~ .... ~900 LINDgLAD, RICHARD K & 5500 5500 CABRAL MANUEL M 5700 ..... 4918 MEYER JEAN M & 6000 6000 WHITE, ROBERT C ' 5800 ..... 5800 WHITE LEONA M 500 500 gELL HEqBERT - ' 7900 -7900 MANAREL, VIOLA 4900 4900 CAMPBELL WILLIAM ~ 6600 - 1600 51 PARCELs (ACTIVE) 294,573 COUNTY 294,573 TWN/C Sou"thold Town Board of Appeals -5- May 23, 1985 Regular Meeting PENDING DECISION: Appeal No. ~ APplication of REYNOLD SLUM, ~- CUtchogue, NV a III, Section 100 30{8)[14] for apProval of the establishment of · le cR°adPeconic Vineyards premises known as 31320 Main Road, chogue, NY; County Tax Map District 1000, Cut- of Lot~)q~T..l~.~; more particularly identifiedSection ~.l~; 81Ock~, part as approved by the Planning Board 6/2/80. as Parcel 1 of 24.249 acres WNEREAS, a public hearing was held and concluded in t of the APplication of REYNOLD ~L'~M on May 23, 1985, and he Matter WNEREAS, the b familiar · .Card member With the subject nrem(-~ have personally v( .... ~ '"'o:~ as Well as i~. ,~uu eno are .... wheREAS, the h~.~ ~ urroundinn ar^_ , of ~(~ -~.~.e record i +~-~-o,uereu all Ar---.e Ali, Section l~O~j~/~r, as well ~'?~_a~.documentation · ~'t~YL~J of the Zoni~_'~:~a ~} throuQh "9 co~e; and ~ "' WNEREAS, the board made the fOllowing findi =.~ . 1. The nrc ...... rigs of fact. -.u ~gric.ul,,,..,~ ~?-~y in oues*~ .... · the Mai. ~^'~'~' zoning Dist~.'Z~".~s lOCated i- -~ ,,- - AVenue ~.~Y and 198.62 fee~'~Vj~g frontage ~f°" ~-80" Residential ~,,~ ~n area --~-~ ~ne eas . 357.23 feet ~f the 6/2/80 S.~ ~4-249 acres m~.^ _ t~ly.s~de of St~. _~l°ng bounty ~v M ~U/VlSlon ann~n,,^.'~ ~': partlcu/a 1,, ~ ,.ap o,strict lO06 ' ; if OC~ ~ , ~arf ~ , 2. The subject 24.249 acres is improve ~ ~- ~ot lg. ll. presently set baCk from the front property lin_d ?th one barn structure 165~ feet and from the easterlY property line 17± feet; e along the Main Road of 3. This is an application for a S for the production an · ~ar~!y grown on t~- -f retail sale of ,.,~__pec~l Exception ~ . located, o nv( "~ vineyard on · -,~u proeuced -~- d wirier Code ~- ~[r-''ded by Art'~ .... which th~s wi . from grapes r' Y ~- ~ne exi · . l~,: ~11, · nery 1s ro P 1- st~ng v~neva~m ~., ~ect~on lO0-30F~)r~ P~sed to be to be located Within the ~ -' -,u ,arm on this 22Tj &' _o' the existing barn structure and proposed addition as shown on the sketch plan Submitted ~-,cre parcel application received 3-22-85; {total With the subject the winery structure shown: approximate dimensions for at the east side 46' ?6' Wide at the back si~e, 60' deep west side). ' wide at the front side, and 34 deep at the .. . 4. It is nOted for the record that an application for s~e plan approval h Board, and ~-~ . as been filed -,cnougn no offic With the Southold Town Planning ial action has been taken, the Planning ~oard has recommended approval of the Special Exception proposal Southold Town Board of Appeals -6- May 23, 1985 Regular Meeting (Appeal No. 3346 - REYNOLD BLUM, continued:) as submitted (resolution of 4-1-85); 5. It is the opinion of the board that the effect of Article III, Section lO0-30(B)[14] limits this Special Exception approval to the production and retail sales of wine "...produced from grapes primarily grown on the vineyard on which such winery is located..." and does not permit the sale of grapes imported and/or processed, or wine, from other than the vineyard in question. In considering this application, the board determines: (1) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (3) the use is in harmony with and will pro- mote the general purposes and intent of zoning. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that a Special Exception for the production and retail sale of wine in the proposed winery structure with addition to be located at the vineyard known as "Peconic Bay Vineyards," BE AND HEREBY IS APPROVED as applied under File No. 3346 in the Matter of the Application of REYNOLD BLUM, SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. No sleeping or living quarters in the winery structure or accessory buildings (except that one separate one-family dwelling may be permitted in compliance with all codes); 2. This special exception approval is limited to the production and retail sale of wine produced from grapes primarily grown on the vineyard on which such winery is located; 3. The effect of this special exception shall be in accordance with Article III, Section 100-30(B)[14]. ~ 4. Any changes from the site and sketch plans submitted and approved hereunder will require additional Special Exception application and approval from this board. Vote of the Board: Ayes: Doyen, Douglass and Sawicki. This unanimous vote of all the members. Messrs. Goehringer, Grigonis, resolution was adopted by BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of : : TO to the Board of Appeals of the Town of Southold : ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the int~dersigned to petition the Board of Appeals of the Town of Southold to request a ~r'i~"'~)~ Exception)~Speei~erl~it) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 5'o'-"';".~/' >"~' O,'~ ,~,4/,-~ ,,~,~Kzl , ~'~¢/';~d ur- , --~'. ~. lh~t t~roperty which is the su~ect of s~c~ Petition is located in the followin~ zoning di*trict: 4. That by such Petition, the undersigned will request the following relief: ~"'~ ~' $=- 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article SectiOh F ] Section 280-^, 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. (5.16) 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 hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Owners' Names: Pos] Office Address ,Eo~,- 7~' ~r,~/,J [Copy of sketch or plan purposes.] showing proposal to be at, tach:~d :~or convenience PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Form ~1~, Max. 1987 ..... * IA~,~.RO. 11e~-178-~# OONE~"rlC REllJRN~..RECEIPT 4. STATE OF NEW YORK ) COUNTY OF SUFFOLK) , being duly sworn, deposes and says that on the ~'"4 day of ;4-..6'44~T- ,19 ~ , 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 $outhold; that said Notices were mailed at the United States Post Of- rice at 3'~'df'~f'~ ~J / ,~ './~, (certified) (registered) mail. Sworn to before me t~ ~ ~ dayof /~U~ U ~/ ,1970 Notary Public RrOB'ERT COTTON N~.ary Public, State of New YO~ No. 30.5834150 Qualified in Suffolk County Commission Expires April 30, ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners,) SITE ,DATA L~cense $~S 25626, ' , ' ~ :~ ? :,' x gxlsttng Lg Area= . 2'j783..~c~e~, 121,228 S.F. /.~',, . ~.. , , '-,'"'....."~'*~"" ~ ....... -_.. /..::: / . ~ .', · L ', . I . ~, /', " _~: ~. ,i ~,o~o ~,~.--, . . ...' ' TO'I~L Sp~:~l~ '!aROYXDED~. %,, SITE PLAN ' ~C.,,~L_E.; I'i= ~.~*. O'' ./ O29~ ~z Project No: Drawn By. LJT, Checked By: Date: d~.,T] ~., Scale:, d": 201'0il ~heet Title: T SI E :, pLAN~ Sheet No: