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Home My WebLink About3882 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. 3882 Matter of 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. ~n54EREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of BIDWELL WINERIES, under Appeal No. 3882; 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 Route 48, Hamlet of Cutchogue, and is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3. 2. This is an application for Special Exception from the Zoning Code Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. Oage 2 - Appl. No. 3882 Matter of BIDWELL WINERY Decision rendered February 15, 1990 3. Article III, Section 100-30, The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second- home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. 4. Also noted for the record under Appeal No. 3732 for a Winery for the Production and Retail Sale of Wine. In this Decision rendered July 14, 1988 it states: (a) The area proposed for retail sales is to be not more than 400 sq. ft. as marked in "red" on the Proposed Sketch Drawing prepared by Guldi & Showers dated May 31, 1988 under Drawing No. A-1. 5. In considering this application, the Board finds and determines: (a) that the use will not prevent the orderly and reasonable use adjacent properties or of properties in adjacent use districts; (c) 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; (d) 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. Grigonis, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3882 Matter of BIDWELL WINERIES Decision rendered February 15, 1990 RESOLVED, to GRANT a Special Exception in the matter of application of BIDWELL WINERIES as applied under Appeal No. 3882, SUBJECT TO THE FOLLOWING CONDITIONS: the 1. That the Winery sell their wine product in the 20 X 20 building presently located in the front of the building, conditionally for three (3) years from date of this decision. 2. This Decision is subject to Site Plan Approval by the Southold Town Planning Board. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio, (Absent Serge Doyen and Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN FAX NO. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. (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, Southold, 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 buildin~ 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, (100-33), 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: 1450 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 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. :10 p.m. Appl. No. 3882 - BIDWELL WINERIES. Specia~l~~ / ion to the Zoning Ordinance, Article III, Section 100-30, / ! or approval of consumer tasting and retail sales from the inery. 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 kND 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 OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), Robert E. Bidwell Application No. Date Filed: of 27 Mo~trose Place (Residence, House No. and Street) Melville. N.Y. 11747 (5161 491-4741 (Hamlet, State, Zip Code, Telephone Number} hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordanc~ with the ZONING ORDINANCE, ARTICLE III , SECTION 100 , SUBSECTION 30B (14) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): The conducting of consumer tastings and retail sales from the Winery. A. Statement of Ownership and Interest. Robert E. Bidwell is(are) the owner(s) of property known and referred to as Bidwell Vineyards, Route 48, Cutchoque (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 96 , Block 4 Lot(s) 4.3 , which is not (ix~() on a subdivision Map (Filed , "Map of "Filed Map No. and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on October 28, 1982 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The retail tasting room is essential to the continuation of vineyard business (an essentially agricultural enterprise), and is located well away from any neighboring properties. A-Residenti~ & ~ricul~rna~ C. The property which is the subject of this application is zoned [XX] is cQn$i~en~ with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn to before me this day of ry Public? -' ZB2 (rev. 2/6/86) OWNER FORARER OWNER LAND Tillable Woadland House Plot Totol SEAS. IMP. / OC>e, ,, TOWN OF'SOUTHOLD PROPERTT RECORD CARD VL. TOTAL STREET S FARM DATE VILLAGE W ~ CO~. DIST./ SUB. I TYPE OF BUILDING CB. MICS. Mkt. Value LOT FRONTAGE ONROAD DEPTH BULKHEAD 'Tit FRONTAGE ON WATER REMARKS /4,M7 ~.~ I Ex~ensiQn Extension Foundation ~"~, ~_. Bath Basement ~ Floors Ext. Walls ~, ~, Interior Finish Fire Place Poo I Patio Driveway Heat Attic Rooms 1st Floor Rooms 2nd Floor Porch Deck Breezewa Garage ,L Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 TELEPHONE PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 1, 1988 Mr. Robert E. Bidwell 27 Montrose Place Melville, NY 11747 RE: Proposed site plan cf Bidwell Vineyards SCTM ]~1000-96-4-4 Dear Mr. Bidwell: The Planning,Board would like to proceed with your site plan application subsequent to your Zoning Board of Appeals approval dated June 9, 1988. However, it has not received a revised, complete site plan as per our May 18th letter ( A copy is inclosed for your convenience.) Upon receipt of the site plans, the Planning Board will proceed with its review. '4' Very~ truly yours, · /,.,~....-, ,, ,.:":~, ,// /7 // // _/ /' / ..... ., ,~ .-? / . , BENNETT ORLOWSKI , JR. CHAIRMAN VS/jt PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RE: Lead Agency Coordination Request Dear Reviewer: SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Requested Action: SEQRA Classification: ( ) Type I ( ~ ) Un-listed Contact Person: ~'~d)~-~. (516)-765'-1938 The lead agency will determine the need for an environmentai impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond, in writing whether or not you have an interest in being lead agency. Planning Board Position: (~) This agency wishes to assume lead agency status for this action. ) This agency has ~o objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below). Comments: Please feel free to contact this office for further information. Sincerely, Chairman wski, Jr. ,~ cc: Board of Appeals D~d u£ ?iusLees~ ~ Building'Department Southold Town Board ~Suffolk County Dept. of Health Services NYSDEC - Stony Brook 4F£SDEC-----A~bar~y_ ~S.C. Dept. of Public Works ~.S. Arm'' ~ ' ' N.Y.S. Dept. of Transportation * Maps are enclosed for your. review Coordinating agencies JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 25, 1991 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York t 1971 Fax (516) 765-1823 Telephone (516) 765-1801 A regular meeting of the Southold Town Board will be held at 4:00 P.M., Tuesday, July 2, 1991 at the Southold Town Hall, Main Road, Southold, New York. 9:30 A.M. - Work Session 4:00 P.M. - Regular Meeting 4:30 P.M. - Public Hearing on Local Law in Relation to Removal of Excess Topsoil. Southold Town Clerk Town Board Town Attorney Chief of Police Supt. of Highways All Departments (4) Newspapers WBAZ Radio Station Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: Gerard P. Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski, Jr. Chairman DATE: RE: February 1, 1990 Bidwell Wineries SCTM$ 1000-96-4-4.3 The following is in response to your request of January 29, 1990 for comments on Appeal No. 3882 Bidwell Wineries. The applicant does not have an approved site plan for the existing winery. Further, the Planning Board did not receive a revised, amended site plan as requested in the Board's letter to Mr. Bidwell of December 6, 1989 and its prior letter of November 1, 1989. The recently received site plan for a retail sales operation was not complete and was returned to Mr. Bidwell for corrections as well as payment of the application fee. (See attached correspondence). Encl. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1935 PLANNIlNG BOARD OFFICE TOWN OF SOUTItOLD December 6, 1989 Kerry Bidwell Bidwell Vineyards Route 48 Cutchogue, NY 11935 RE: Proposed site plan for Bidwell vineyards SCTM #1000-96-4~4 Dear Mr. Bidwell: Reference is made to your letter of August 21, 1989 (copy enclosed) in which you state that you will immediately comply with the Planning Board's November 1, 1988 request for a revised site plan. Please be advised that a retail sales operation is not a permitted use without an approved site plan from the Planning Board and a Special Exception from the Zoning Board of Appeals. Very truly yours, Bennett Orlowski, Jr. ~ Chairman cc: Vincent Wieczorek,.Building Department Victor Lessard, Building Department James Schondebare,~.Town Attorney Gerard Goehringer, Zoning Board of Appeals RK/jt MEMO TO FILE September 6,1989 On August 29, 1989 I called Mr. Kerry Bidwell regarding his letter of August 21, 1989. I informed Mr. Bidwell that the retail sales of wine was not permitted under his special exception. I informed Mr. Bidwell that a new site plan will have to be submitted in addition to a variance from the board of appeals. Mr. Bidwell said he would comply with both requests. On August 18, 1989 Mr. Vicent Wieczorek, ordinance inspector, visited the winery to inspect the retail sales operation; and found it to be in operation. Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 TO: FROM: RE: DATE: PLANNI]N'GBOARD OFFICE TO%~NOFSOUTHOLD Zoning Board of Appeals Plannin~ Board Bidwell Vineyard - SCTM #1000-96-4-4 July 13, 1989 On June 9, 1988 a special exception was granted to Bidwell Vineyards for production, wholesale storage and wholesale sales of wine. Specifically excluded was the retail sales of wine. An inspection on July 12, 1989 revealed a retail wine sales operation is in progress. The Planning Board has not approved a site plan as of this date. ( See attached letters dated November 1, 1988 and July 13, 1989). enc. cc: Building Department J&mes A. Schondebare, Town Attorney RK/jt Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ja/.y 13, 1989 Robert E. Bidwell 27 Montrose Place Melville~ NY 11747 RE: Proposed site plan of Bidwell Vinayards SCTM ~1000-96-4-4 Dear Mr. Bidwell: Reference is made to the Planning Board letter of November 1~ 1988 advising you that it has not received a revised, complete site plan (a copy is enclosed for your convenience). On July 12, 1989 an inspection revealed a retail sales operation. Please be advised this use is not permitted without an approved site plan and variance from the Zoning Board of Appeals. Very truly yours, ;.' ...' -"-5, ~-.? ...-., /. ,/'./' ..,.' .,-~ / /// /'// ,,',/ / . ~ ...~-~, / / // / / // BENNETT ORLOWSKI, JR. CHAZRMA2i · cc: Zoning Board of Appeals Building Department James A. Schondebare, Town Attorney RK/jt Sou~:hold, N.Y..11971 (516) 765-1938 May 18, 1988 Robert Bidwell 27 Montrose. Pl~e Melville, NY 11747 RE: Proposed site plan for Bidwell Vineyard N/S CR 48, 304' W/O Depot Lane, Cutchogue. SCTM # 1000-96-4-4 Dear Mr. Bidwell: The Planning Board is unable to proceed with its review because the site plan that was submitted does not contain the required information. The enclosed checklist lists the information that should be shown on the plan. Note that the scale of the drawing must be 1" = 20' Comments were made on the survey that was submitted; and which is enclosed herein. Please incorporate the marked items in the revised plan. If you have any questions, contact this office. please do not hesitate to enc: cc: William R. Simmons jt Sincerely, Valerie ~ Town Planner Town Hall. 53095 Main Road P.O. Box 1179 $outhold. New York 11971 TELEPHONE ($16) '/65-1938 TO: FROM: RE: DATE: PLANNING BOARD OFFICE TOWN OFSOUTHOLD Zoning Board of Appeals Planning Board Bidwell Vineyard - SCTM #1000-96-4-4 July 13, 1989 On June 9, 2.988 a special exception was granted to Bidwell Vineyards for production, wholesale storage and wholesale sales of wine. Specifically excluded was the retail sales of wine. An inspectio~ on July 12, 1989 revealed a retail wine sales operation is in progress. The Planning Board has not approved a site plan as of this date. ( See attached letters dated November 1, 1988 and July 13, 1989). enc. cc: Building Department James A. Schondebare, Town Attorney RK/jt Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 13, 1989 Robert E. Bidwell 27 Montrose Place Melville, NY 11747 RE: Proposed site plan of Bidwell Vineyards SCTM 91000-96-4-4 Dear Mr. Bidwell: Referemce is made to the Planning Board letter of November 1, 1988 advising you that it has not received a revised, complete site plan (a copy is enclosed for your convenience). On July 12, 1989 an inspection ravealed a retail sales operation. Please be advised this use is not permitted without an approved site plan and variance from the Zoning Board of Appeals. Very truly yours, BENNE~ ORLOWSKI, JR. ~ Cc: Zoning Board of Appeals Building Department James A. Schondebare, Town Attorney RK/Dt 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 TUESDAY, DECEMBER 19, 1989, at the following times: 7:30 p.m. Appl. No. 3870-- MATTHEW CUSUMANO. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d, (Article IliA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed. construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchogue, County Tax Map No. 1000, Section 136, Block 01, Lot 01. 7:35 p.m. Appl. No. 3868-- NICHOLAS NICKOLAUS. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d A, as disapproved, for permissian to construct addition to existing one family dwelling and accessory building, propos- ed construction is less than 100 ft. from bluff Of Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. 7:40 p.m. Appl. No. 3881- WARREN AUGENTHALER; Variance to the Zoning Ordi- nance, Article II1, Section 100-33, for permission to con- struct accessory building frontyard area. Property Loca- tion: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, LOt 12. 7:45 p.m. Appl. No. 3893-- MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwell- ing). Property Location: 61339 Main Road, Southold, County Tax Map No. 1000, Section 56, Block 1, Lot 41. 7:5~ll~rn. Appl. No. 3873-- VINI~IALETILIC. Variance to the Zoning Ordinance, Arti- cle 1II A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Location: 780 Orchard Street and 1300-2nd Street, New Suf- folk, County Tax Map No. 1000, Section 117, Block 7, Lot 22. 7:55 p.m. Appl. No. 3879-- CHARLES MALONE. Variance to the Zoning Ordi- nonce, Article XXIII, Section 100-230C (1), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence ex~ ceeds 4 ft. in height. Property. Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886-- ROBERT STAPLES. Variance to the Zoning Ordinance, Arti- cle XXIll, Section 100-239d (C), for permission to construct a new dwelling adjacent to fresh- water wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from fresh- water wetland. Property Loca-p tion: 785 Wilmarth Avenue, Greenport, County Tax Map I No. 1000, Section 41, Block I, Lot 7. 8:05 p.m. Appl. No. 3894-- JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax Map No. 1000, Sec- tion 54, Block 04, Lot 23. 8:10 p.m. Appl. No. 3892-- ANTHONY BOLLETINO. Variance to the Zoning Ordi- nance, Article Ill, Section 100-33, for permission to con- struct an accessory shed and gazebo in front yard area. Pro- perty Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Sec- tion 23, Block 1, Lot 14.6. 8:15 p.m. Appl. No. 3888-- ERNEST TARMIN. Variance to the Zoning Ordinance, Article 111, Section 100-33, for petrols- sion to construct Accessories; pool, tennis court and shed in front yard area. Property Loca- tion: 29823 Row off Main Road, Orient, County 'Ikx Map No. 1000, Section 14, Block 2, Lot 1.10. 8:20 p.m. Appl. No. 3887-- MARK AND ELLIE GOR- DON. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to con- struct a tennis court in fmntyard area. Property Location: 1019 Private Road g7 Fords Road, Southold, County 'Ib.x Map No: 1000, Section 87, Block 1, Lot 18.4. 8:25 p.m. AppL No. 3891- ELIZABETH JOHNSTON. Variance to the Zoning Ordi- nance, Article IIl, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in fromyard area. Property Location: Row off Oregon Road, Cutchogue, County ~ Map No. 1000, Sec- tion 073, Block 02, Lot 01. 8:30 p.m. Appl. No. 3884-- DICKINSON/THOMPSON. Variance to the Zoning Ordi- nance, Article 1, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regula- tions. Property Location: Main Bayview Road, Southold, Coun- ty Tax Map No. 1000, Section 078, Block 09, Lot 30. 8:35 p.m. AppL No. 3889-- TIMOTHY AND GEORGE WELLS. Variance to thc Zoning Ordinance, Article III A, Sec- tion 100-30 A.3, Bulk and Park- ing Regulations, (Article I, Sec- tion 106-20), for approval of in- sufficient area in this pending division of land. Property Loca- tion: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.3, 1.4, 1.5. 8:40 p.m. Appl. No. 3890--. WALTER GLASSER. Special' Exception to the Zoning Ordi-' nance, Article IX, Section' 100-91, for permission for change of use from Place of Worship to Office/Apartment.. Property Location: 475 Beck-. with Avenue, Southold, Coun~ ty Tax Map No. 1000, Sectio~ 061, Block I, LOt 25. ~ f 8:45 p.m. Appl. No. 3882~- BIDWELL WINERIES. Special Exception to the Zoning Ordi:i naoce, Article Ill, Section~ 1100-30, for approval of con-)~ sumer tasting and retail sales from the Winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Sec~,~ tion 96, Block 4, Lot 4.3. '"'-8:50 p.m. Appl. No. 3896-- JERRY GAMBONE AND KES ZAPKUS. Special Exception to thc Zoning ordinance, Article IX, Section 100-91, for permis- sion to have Office/Retail business on first floor and resi- dential rental apartment on sec- ond floor. Property Location: 55415 Main Road, Southoid, County ~ax Map No. 1000, Sec- tion 62, Block 1, Lot 12. 8:55 p.m. Appl. No. 3872-- COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 8:55 p.m. Appl. No. 3770-- PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on Novem- ber 8, 1989. The Board of Appeals will at said time and place hear any and all persons or representatives de- siring to be heard 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 December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD ' OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda IX, 12/7/89 (10) NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, punuant to ~ 267 of the Town Law and the Code at the Town of So~old, the fellovdng heatings will be held by the SOU3~OLD TOWN BOARD OF APPEAI~ at a Regular Meefng, at the Sontheld Tovm Hall, Main Road, Sou~sld, NY 11971, aa TUESDAY, DECEMBER 19, 1989, at the f~.inw{ng 6roes: 7:30 p.m. Appl. No. 3870 -- MATrHEW CUSUMANO. Vatiance to the Z~ting Ordinance, Article XXH], Section 100-239d, (Article IliA, Sec6on 100-30 A.3) as disap- proved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. fn~n wa~.-r or weOands and veil beve insufficieat front and ~ar yah{ scs- becks. Pro~rty Location: 435 Briar- woad Lane, Cutchogue, Connty Tax Map No. 1000, Sectie, 136. Block 01, Let 01. 7'35 p.m~ Appl. No. 3868 -- NI- CHOLAS NICKOLAUS. Variance to the Zoning Ordnance, A~icle XXIII, Secfimt 100-9mgd A. as disatm,,,ved. to ey. isfins one family dweJlins and · ccessosy building, proposed stmcfion is less than 100 ft. from bluff at ~ound in this R-80 Zone District. Property Location: 17555 Soundvinw Avenue, Southold, County Tax Map No. 1000, Sexmlon 51, Block 1, lot 2. 7:40 p.m. Apid. No. 3881 WARREN AUGENTHALER. Vail- ance to the Zc, ting Ordinance, Article I~, Section 100-33, for permission to cemtmct accessory building in front- 7:45 p.nm. Appl. No. 3893 -- MInitEL AND CLAIRE GLEW. V~ to the Zo~ng Ordinance, 28~. Approval of Access Right-of. Way, (A~cle XXVII~ Section 100- 281 B, con~mct · one family dwelling), property Location: 61339 Main Road. Southold, C~nly Tax Map No. 1000. Section 56. Block I, Lot 41. 7:50 p.m. Appl. No. 3873 -- V]IVKO NALETILIC. Vatinnce to the Zoning Ordinmce, Article HI A, Sec- tion 100-30 A.3, for permission to construct · deck ·ddition, construction exceeds permitted lot coverage of this R40 ~ District. Ihopeny Location: 780 Ow. ha,d Su~t and 1300-2nd Stree~ New Sdffolk, C~unty Tax Map No. 1000, Section 117, Block 7, Lot 22. 7:55 p.m. AppL No. 3879 -- CHARLES MALONE+ Variance to the Zoning Ordinance, A~cle XXIH, Section 100-230C (1), 100-231 A., for permission to construcl · 6 ft. fenc~ in fn~tyard a~a. feac~ exc~ds 4 ft. in height, property Location: 358 Nonb Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886 -- ROBERT STAPLES. Variance to the Zening Ordinance. Article XX]]I, Section 100-239d (C). for F~nnis sion to construct a new dwe~ adjaceat to freshwater wetiands in litls R-40 Zone District, pmlx)sed dwelling will be closer than 75 fl. from freshwater wetland. Property Location: 785 Wilmarth Avenue. Oreenport, Ceunty T~x Map No,, 1000, Section 41, Block 1, L~ 7. 8:05 p.m. AppL No. 3894 -- JOSEPH AND LAWRENCE ins Ordinance, A~icle W3OV. Sectien 100-244B, for pe~nisslu~m to con-. stmct de~ addition with insufficient' front yard setback. Property Location' 2225 North Sea Drive, Southold,' County Tax Map No. 1000, Section 54, Block 04, Let 23. 8:10 p.m. AppL No. 3892 -- gazebo m front yard ama. Properly Location: 16705 MdS~lll~' Gad, Route 25, East Marion, ~ Tax Map No. 1000, Secti~ 2~,Vdlock 1, Lot 14.6. 8:15 p.m. Appl. No. 3888 -- EP,~T TARMIN. Variance to the Zoning Ordinance, Article 11I, Section 100-33, for permission to construct Accessories; pool, tennis cc~lm and shed in front yard area. Pnypeny Location: 29823 Row off Main Road, Orieat, County Tax Map No. 1000, Sectinn 14, Block 2, Lot LIO. 8:20 p.m. AppL No. 3887 -- MARK AND ELLIE GORDON. Variance to the Zoning Ordinance. Article ITl. Section 100-33, for per- 1019 Private Road #7 Fords Road. Southold, County Tax Map No. 1000, Section 87, Bleck I. Lot 18.4. 8:25 p.m. Appl. No. 3891 -- ELIZABETH JOHNSTON. Variance to the Zoning Ordinance, Article I~. Section 100-32.4 (A). for Pernussion ponis nm pertained in frontyard ares. l~ny Location: Row off Oregon Road, Cutchogue, Co~mty Tax map No. 1000, Section 073, Block 02. Lot 01. 8:30 p.m. AppL No. 3884 -- DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20. (Article Ill, Section 100-32). for approval of division of lend and Bulk and parring t~gulauoas. Property Location: Main Bayview Road, Sonthold, County Tax M·p No. 1000, Section 078, Block 09, Lot 30. 8:35 p.m. Appl. No. 3889 -- TI- MOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article 1]I A. Section 100-30 A.3, Bulk and Parking Regulations, (A~cle I, Section 106-20), for ap- proval of insufficient area in this- pending division of land. Prol~rty 8:40 p.m. Appl. No. 3890 -- WALTER GLASSER. Special Ex- c~on to the Zoning Ordinance, Ar- tide IX, Section 100-9 I, for p~m~is- sion for chanse of use from Place of W0~ship to Office/Apartment. prop- erty Location: 475 Bex4~ with Avenue, Southold, County Tax Map No. 1000, Section 061, Block 1, Lot -, 8:45 p.m. AFoul. No. 3882 -- WELL WU'{ERIES. Specini Ex- ert to the Zoning Ordinance, Ar[ ticle III, Section 100-30, for appmv~ at consumer tasting and ~il sales frem the Wine~,. l~o~/Location: .Route 48, Cutchogue, County Tax M·p No. 1000, Section 96, Block 4, ~Lot 4.3. ' 8:50 p.m. AppL No. 3896 -- JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning Ordinance, A~icle IX, Sec- tlon 100-91, for permission to have Office/Re~il business on first rigor and residential ~ntal apartment on second t~oor, property Loc·riGa: 55415 M~in Road, Sontholu, County Tax Map No. 1000, Section 62, Block I, Lot 12. 8:55 p.m. AppL No. 3872 -- COMPASS TRANSPORTS. Reso- lution to conclude heating in its on- 8:55 p.m. AppL No. 3770 -- PORT OF EGYPT. Pr~osed motion of the Beard to z-open said heaths dosed on November 8, 1989. Tbe Board uf Appexls w~II at said time and place hear any and all per- tons or rop~sentatives des~ng to be heard in each of the above Written commems may also be sub- mined prior to the conclusion at the subject hearing. Each hearing will not start before time allotted. Additional time for your will be available, if needed. For information, please call 765-1809. Dated Decembe~ 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRi~NGER yard area. Property Location: 7225 ANTHONY BOLLETINO. Variance Location: South Harbor Road, C~AIRMAN Nassau Polar ~Road, Cutchogue, to the Zoding Ordinance, A~clel]], Southold, County Tax Map No. County Tax Ms[p No. 1000, Secnlon Sectioh 100-33; f6r permission to- ' '' 1000. Section 075, Block 07,' L& 65~_1~D~ __?...n.l_~_JS.l~lZ ~o, st,,=t ·., ,.2~?sory ,hed ·,d 1.3. 1.4. l.S. --I ; Pa%ric±a Heaney of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of $outhold, County of Suffolk and State of New York, and that the Notice of which the annexed Is a printed copy, hns been regularly published In said Newspaper once each week for 1 weeks successively, commencing on the 7~h day of December 19~9 .;/q/'.~ / ../~-~ Principal Clerk Swomtob foemethis '/ :' ~,~$~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI 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 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, GERARD P. GOEHRINGER CHAIRMAN dff .JUDITH T. TERRY TO: F rom: Dated: September 11, 1989 Transmitted herewith is Zoning Appeal No. Bidwell Vineyards 0~£ ~ T~£ TO~ TOWN OF SOUTttOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk 3882 application of Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 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 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G, HALPIN 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING April 16, 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 Commission 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) ~/Bidwell Wineries Thomas Eschmann 3882 3901 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETI;RANS MEMORIAL HIGHWAY HAUPPAUGE, LI., NEW YORK ! 1788 APPEALS BOARD: MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZI0, JR. Southold Town Board of Appeals MAIN ROAD- E~TATE ROAD 2.5' SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Board of Appeals the following to XX Article XIII of the Suffolk County of the Town of Southold, New York, the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section Variance from Determination of South~ld Town Building Special Exception, Article III , Section 100-30 Charter, the hereby refers Inspector Special Permit Appeal No.: 3882 Applicant: Bidwell Wineries Location of Affected Land: Route 48, Cutchogue, NY County Tax Map Item No.: 1000- 96-4-4.3 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Or, ned Land Boundary of Existing or Proposed County, State or Federal Park or -- Other Recreation Area or COMMENTS: and retail Existing or Owned by the Lines, Within One Within One Proposed Right-of Way of Any County or for Which The County Has Applicant is requesting sales from the winery Stream or Drainage Channe! Established Channel Mile of a Nuclear Power Plant Mile of An Airport. approval of ~m~mi[[i~ ~ consumer tasting Copies of Town file and related documents enclosed for your review. Dated: April 5, 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 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 April 4, 1990 Mr. Kerry Bidwell Route 48 Cutchogue, NY 11935 Re: Appl. No. 3882 - BIDWELL WINERIES (Variance) Dear Mr. Bidwell: 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 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. 3882 Matter of 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. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of BIDWELL WINERIES, under Appeal No. 3882; and WI~EREAS, 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 Route 48, Hamlet of Cutchogue, and is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3. 2. This is an application for Special Exception from the Zoning Code Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. ~age 2 Appl. No. 3882 Matter of BIDWELL WINERY Decision rendered February 15, 1990 3. Article III, Section 100-30, The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second- home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. 4. Also noted for the record under Appeal No. 3732 for a Winery for the Production and Retail Sale of Wine. In this Decision rendered July 14, 1988 it states: (a) The area proposed for retail sales is to be not more than 400 sq. ft. as marked in "red" on the Proposed Sketch Drawing prepared by Guldi & Showers dated May 31, 1988 under Drawing No. A-1. 5. In considering this application, the Board finds and determines: (a) that the use will not prevent the orderly and reasonable use adjacent properties or of properties in adjacent use districts; (c) 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; (d) 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. Grigonis, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3882 Matter of BIDWELL WINERIES Decision rendered February 15, 1990 RESOLVED, to GRANT a Special Exception in the matter of the application of BIDWELL WINERIES as applied under Appeal No. 3882, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the Winery sell their wine product in the 20 X 20 building presently located in the front of the building, conditionally for three (3) years from date of this decision. 2. This Decision is subject to Site Plan Approval by the Southold Town Planning Board. Vote of 'the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio, (Absent Serge Doyen and Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRF2%N Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD,OFFICE TOWN OF SOUTI[OLD December 6, 1989 Kerry Bidwell Bidwell Vineyards Route 48 Cutchogue, NY 11935 RE: Propos,ed site plan for Bidwell vineyards SCTM #1000-96-4-4 Dear Mr. Bidwell: Reference is made to your letter of August 21, 1989 (copy enclosed) in which you state that you will immediately comply with the Planning Board's November 1, 1988 request for a revised site plan. Please be advised that a retail sales operation is not a permitted use without an approved site plan from the Planning Board and a Special Exception from the Zoning Board of Appeals. Very truly yours, . . . ... . Bennett Orlowski, Jr. J~ Chairman cc: Vincent Wieczorek,~Building Department Victor Lessard, Building Department James Schondebare,.,Town Attorney Gerard Goehringer, Zoning Board of Appeals RK/jt )IDWELL September 28, 1989 Town of Southold, Board of Appeals Town Hall, Main road Southold, N.Y. 11971 To Whom it May Concern, Enclosed please find a completed application for Special Exception, and all related forms and questionaires as forwarded to me by your office recently. I hope the forms are properly filled out. If there is any problem, or if I have omitted any aspect of the application, please call or write me at the vineyard, and I will do my best to set things straight. Thanks for all the help your office has provided. Si ncerely, Kerry M. Bidwell Enclosures BIDWELL VINEYARDS, ROUTE 48, CUTCHOGUE, L.I., NEW YORK 11935 516-734-5200 FAX 516-734-6763 PREMIUM WINES FROM THE NORTH FORK OF LONG ISLAND NOTICE 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. cie 111 A, Section 100-30.3, (I00-33), 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 Location: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot I0. 7:40 p.m. Appl. No. 3905-- ANTHONY J. MERCOREL- LA. Variance to the Zoning 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 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. Vari- ance 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 bulk- head. Property Location: 1730 West Creek Avenue, Cutchogue, County Tax Map No. 1000, Sec- tion 110, 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 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. 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, Mattituck, Coun- ty 'Iltx Map No. 1000, Section 123, Block 01, Lot 02. 8:00 p.m. Appl. No. 3899-- AGNES AND CHERYL PAG- NOZZL Variance to the Zoning Ordinance, Article XXIV, Sec- tion 100-244 B, for permission to construct an addition to ex- isting dwelling, proposed con- struction will have insufficient side yard. Property Location: 1450 Jockey Creek Drive~',l Southold, County Tax Map No. ? 1000, Section 70, Block 5, LOt 17. 8:05 p.m. ApPl. N~. 3898-- 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- ductlon and storage. Property Location: 32180 Main Road, Cutchogue, County Tax Map No. 1000, Section 103, Block 01, LOt 19.2. EP.m. Appl. No. 3882~ LL WINERIES. Special ion to the Zoning Ordi- nance, Article Ill, Section 100-30, for approval of con- sumer tasting and retail sales from the winery. Property Loca- tion: Route 48, Cutchogue, County 'Pax Map No. I000, Sec- tion 96, Block 4, LOt 4.3. · ROBERT OCHSENREITER,: AND EDWARD LENCESKE Variance for reversal of building permit to construct a one fami- ly dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Sec- tion 139, Block 3, Lot 14. 8:20 p.m. Appl. NoT~'-~C ROBERT AND ETHELLE SCHROEDER. Variance for re- versni of building inspector for change of use of land and exist- ing building without obtaining a Certifica~ of Occupancy. Pro- perty 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, Sec- tion 100-239d, as disapproved for permission to construct Boat Storage Building with insuffi- cient setbacks and excessive Io~: coverage in this Marine II (M- I1) Zoning District. Property Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, I1, 12.2, 3.2, 3.3, 4, 6.L The Board of Appeals will m said time and place hear any and all persons or representatives de- siring to be heard 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 )hi By Doreen Ferwerda IX, 1/25/90 (7) COUNTY OF SUFFOLK SS: STATE OF NEW YORK 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 ......... .~...5.- ?'. ....... day of.. Sworn to before me this ....... c'~..~..~. ........ day of 19 Notary Public B~S,.F~B~,RA A, SCHI'JEiDER N~T~,, t .,, ..., ..,.aTe of i'~ew York c ....... So~thold 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 B6~d 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, Mattit~ck, 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 Schroeder 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 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI 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 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 t~ 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 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 TELEF~4ONE (516) 765'1809 FAX NO. (516) 765-1823 N~Y£ICE 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 TUESDAY, DECEMBER 19, 1989, at the following times: 7:30 p.m. Appl. No. 3870 - MATTHEW CUSUMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, (Ar%icle IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchog%e, County Tax Map No. 1000, Section 136, Block 01, Lot 01. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:35 p.m. Appl. No. 3868 - NICHOLAS NICKOLAUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, proposed construction is less than 100 ft. from bluff of'Sound in this R-80 Zone District. Property Location: 17555 $oundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. 7:40 p.m. Appl. No. 3881 - WARREN AUGENTHALER. Variance the Zoning Ordinance, Article III, Section 100-33, for permission to construct accessory building in frontyard area. Property Location: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, Lot 12. to 7:45 p.m. Appl. No. 3893 - MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling). Proper~y Location: 61339 Main Road, $outhold, County Tax Map No. ~000, Section 56, Block 1, Lot 41. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:50 p.m. Appl. No. 3873 --:VINKO NALETILIC. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds purmitted lot coverage of this R-40 Zone District. Property Location: 780 Orchard Street and 1300-2nd Street, New Suffolk, County Tax Map No. 1000, Section 117, Block 7, ~ot 22. 7:55 p.m. Appl. No. 3879 - CHARLES MALONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C (1), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence exceeds 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886 - ROBERT STAPLES. Variance to the zoning Ordinance, Article XXIII, Section 100-239d (C), for permission to construct a new dwelling adjacent to freshwater wetlands in this R-40 Zone district, proposed dwelling will be % closer than 75 ft. from freshwater wetland. Property Location: 785 Wilmarth Avenue, Greenpo~t, County Tax Map No. 1000, Section 41, Block 1, Lot 7. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:05 p.m. Appl. No. 3894 - JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax map No. 1000, Section 54, Block 04, Lot 23. 8:10 p.m. Appl. No. 3892 - ANTHONY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct an accessory shed and gazebo in front yard area. Property Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Section 23, Block 1, Lot 14.6. 8:15 p.m. Appl. No. 3888 - ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct Accessories; pool, tennis court and shed in front yard area. Property Location: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:20 p.m. Appl. No. 3887 ~.MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct a tennis court in frontyard area. Property Location: 1019 Private Road #7 Fords Road, Southold, County Tax Map No. 1000, Section 87, Block 1, Lot 18.4. 8:25 p.m. Appl. No. 3891 - ELIZABETH JOHI~STON. Variance to the Zoning Ordinance, Article III, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Section 073, Block 02, Lot 0l. 8:30 p.m. Appl. No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regulations. % Property Location: Main Bayv, iew Road, Southold, County Tax Map No. 1000, Section 078, Block ~9, Lot 30. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:35 p.m. Appl. No. 3889 ~TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section 106-20), for approval of insufficient area in this pending division of land. Property Location: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.~, 1.4, 1.5. 8:40 p.m. Appl. No. 3890 - WALTER GLASSER. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission for change of use from Place of Worship to Office/Apartment. Property Location: 475 Beckwith Avenue, Southold, County Tax Map No. 1000, Section 061, Block 1, Lot 25. 8:45 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 Route 48, Cutchogue, County Tax Map Location: No. 1000, Section 96, Block 4, Lot 4.3. ~age 7 - Notice of Hearings So~thold Town Board of Appeals Regular Meeting of December 19, 1989 8:50 p.m. Appl. No. 3896 --JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. Property Location: 55415 Main Road Southold, County Tax Map No. 1000, Section 62, Block 1, Lot 12. 8:55 p.m. Appl. No. 3872 - COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 9:00 p.m. Appl. No. 3770 - PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on November 8, 1989. 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 December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.y. 11971 TELEPHONE (516} 765-1809 FAX NO. (516) 765-1823 December 19, S.E..O..R.A. TYPE II ACTION DECLARATION ]989 Appeal No. 3882 Project/Applicants: County Tax Map No. Location of Project: Bidwell Wineries 1000-96-4-4.3 Route 48, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of consumer tasting and retail sales from the winery 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 shalI 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. mc 617.21CO Appendix C State Environmental Quality Review SHORT EN~/IRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONs Only PART I~PROJECT ]NFORN~ATtON (To be completed by Applicant or Project sponsor) Robert E. Bidwell 2.PROJECT NAME ' . 3. PROJECT LOCATION: ~ Mun~c~amy C~tcho~ cou.~ Suffolk South side of Route 48, west of Depot. Lane, Hamlet of Cut~hogue SEQR $* IS PROPOSED ACTION: [~] New O Exmanslom 6. DESCRIBE PROJECT BRIEFLy; Establishment of retail sales and consumer tastings within existing structures ?* AMOUNT OF LAND AFFECTED: ~ In/l/ally _~_~.._~ acres Ultimately ~ acres 8. WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING I..ANO USE RESTRIOTtCNS? r-~ye$ ~NO It No. ¢escrme l~riefly We are applying for a variance to operate a retail wine outlet w. ithin our zoning district (Residential-Agricultural) 9. WHAT IS PRESENT L~ND USE JN VICINITY OF PROJECT? [] R..,...,,a, [] I.o..,,,al ~.[] Pomme,:,., r~A..,:.,,.,o [] R~,~Fo.e.,/Op...o.:. [] Ol.e. STATE OR LOCAL)? ,~E A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, If yes, Ils! agency(st an~ permit/approvals ti. DOES ANY ASPECT CF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? 12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? O Yea CERTIFY THAT THE INFORMATION PROVIUEO ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ..Robert E.,Bidw~ll · 9-6-89 ' Coas,~, As':~ssment Fo%b~fore p~;coe~t;n~ 'W~;; tah~senaCZ;e~i%P~lne~e OVER 1 (Continued on reverse side) The.N'¥-s- Environmental u ' · of thls term, and -- Q allty Review A - before any action is taken. Kew w~ll be ma~e hy tn~s ~oar~ project and the likely impaota of the action. It is not exmected that (b) If any question has been answered Yes the project may be sig- (c) If all questions have been answered NO it is likely that the project is not significant. (d) En~Vironmental Assessmene 2. Will there be a major change to any Unique or 3. Will project alter or have a large effect on 4. Will project have a potentially large, imuact on S. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered Yes X ~o 7. Will project result in a major adverse effect air quality? 8. Will project have a major effect on Visual char-- Yes _~ ?!o 10. Will project have a m~jor effect on existing or __Yes ...X No 11. Will project result in major traffic problems or _ Yes X No 12. Will project regularly cause objectionable odors, 13. Will project have any impact on public health 14. ~4ill PrO,oct affect the exiutinq community b~ ~Yes 15. Is there public controversy Concerning the P~eP&~e='s Signature: ~¥e= X_.__No Re~re~efltinq~ Bidwell Vineyards ~/?s _ o~te: 9-6-89 QU~oTIO..NAI.RE TO 3E COMPLETED AND SUB:IITT£D 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 depic% these areas on your survey (or certified sketch), to scale, and sub,it other SUpporting documenta- tion. ; Are there any proposals to chang~ o~ alter land contours? 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. 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~l? State total: ' ' ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: .... ft. Are t-here other premises under your ownership ~utting this parcel? If yes, please submit copy of deed. Are there any building pe~its 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 De_oartment Village of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names'or purchasers and conditions of sale. (from cQnt~act) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, 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 property at this time Wine Production and Wholesale Sales and proposed Retail Wine Sa]es Please submit photographs ~or ~ne record. I certify that the above statements are true and are being submitted reliance by the Board_of Appeals in c?nsideri~ my application. $lgnagure (Properny Owner; (Aunnorizeu Agenu; 1/8 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes O for WETLANDs [Amunded H-'_'6-7~; hy L.L. No. 2-1:)7~2; 85 hy L.~ No. A. TIDAL W.~TI.A~DS: (1) All {and~ gcncrnily cover,.d or h~terndttentiy cov- ~cc[{ w/ih. or w ~ ch bor{h.r an. iff{al war tr:~. or {and:; lying' beneath tidal wnter~, which at menn {ow tide are covered by t d il waters to a max n~ ndepth 'five (5) feet. includin~ but not limited to bogs. su{t ~arsh. swnmi)s, me~(Inw,, f]2:~ or other {ow lying {~nd~ subject tn tidal uct{{m: (2) A{{ b~nks, bogs. mend()ws. ~ats und tidal subject ~ such tides and Upon wh{cb ~row~ or grmv some or any of the fo{{ow{n~: s;t~t buy. black grass, saltwort, sc~ lavender, ta{{ cord~,rass, high bush. cattails, groundsu{. ~urshmaliuw and iow m~rch cordgrnss; and/ar (3) All iand {mmedintel~ a({jacent to a tidal wet{and as defined {n Subsection A~2) and lyin~ within seven- ty-five (75) feet landward of the most landward edge of such u tidal wet]~nd. FRESIiWATER W~TLANI}S: 'Freshwu~r wetlands" us defined in Article 24. Ti- tle 1. ~ 24-0107. Subdivisions 1(~) ~ l(d) inclusive. of the Environmen~l Conservation Law of the Sta~ of New York; and (2) All land immediately* adjacent to a "freshwater wet- land," us defined in Subsection lJll)and lying with. in seventy-five (75) feet landward of the most land. ward edge of a 'fi eshwat(,r wetlaud." 9705 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1806 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINtZIO, JR. September 13, 1989 Mr. Kerry Bidwell Route 48 Cutchogue, NY 11935 Re: Special Exception Amendment for Retail Sales - Appl. No. 3882 Dear Mr. Bidwell, As you are aware your winery was granted approval by the Board of Appeals by way of a Special Exception some time ago, with specific conditions. It is our understanding that you wish to amend that Special Exception to include retail sales and wine tasting for the public. Attached is another Special Exception package for your use in the proposed amendments. The package that you filed with our office recently was not for a special exception, therefore, we are returning the variance papers submitted. Please resubmit within the next ten days under the above application number. If we do not receive your resubmission we will make arrangements to waive your $150.00 fee. If you have any questions please call the office at 765-1809. GERARD P. GOEHRINGER CHAIRMAN df APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H, $AWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN RoAD ' ~'rATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L..I., N.Y. -11971 TELEPHONE (516) 765'1809 FAX NO. (516) 765-1823 September 13, 1989 Mr. Kerry Bidwe11 Route 48 Cutchogue, NY 11935 Be: Special Exception Amendment for Retail Sales Appl. No. 3882 Dear Mr. Bidwe11, As you are aware your winery was granted approval by the Board of Appeals byway of a Special Exception some time ago, with specific conditions. It is our understanding that you wish to amend that Special Exception to include retail sales and wine tasting for the public. Attached is another Special Exception package for your use in the proposed amendments. The package that you filed with our office recently was not for a special exception, therefore, we are returning the variance papers submitted. Please resubmit within the next ten days under the above application number. If we do not receive your resub~ission we will make arrangements to waive your $150.00 fee. If you have any questions please call the office at 765-1809. G~RAR.D P. GOEHRINGER CHAIRMAN I IDWELL September 7, 1989 Town of Southold, Board Town Hall, Main Road Southold, N.Y. 11971 of Appeals To Whom it May Concern, Enclosed please find a completed application for Variance, and all related forms and questionaires as forwarded to me by your office recently. I have completed the forms myself, and I sincerely hope that they have been done properly. If there is any problem, or if I have omitted any aspect of the application, please call or write me at the Vineyard and I will do my best to set things straight. Thanks for all your help. Kerry M. Bidwell Enclosures BIDWELL VINEYARDS, ROUTE 48, CUTCHOGUE, L.I., NEW YORK 11935 516-734-5200 FAX 516-734~6763 PREMIUM WINES FROM THE NORTH FORK OF LONG ISLAND TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR //-' APPEAL NO. :3~('~"g~- DATE 9-6-89 TO THE ZONING BOARD OF APPEALS, TOWN OF SaUl'HOLD, N. Y. Y~ Robert E BJdwe11 I, (We) ......... ' .............................................. of 27 H0ntrose Place Nome of Appellant Street and Number .......... .N.,e.].~.i..1.,l..e. .................................................................... .N.,e..w...,y. 9.r..k' .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO 3732 DATED 6-9-88 WHEREBY THE BUILDING INSPECTOR DENIED TO (XX) ( ) ( ) ..... 8.J.~l,~e].l...V.J.ne):a~:d~ .......................................... Name of Applicant for permit Countx Route 48, Cutch0g~, ~,~, ~lc)~l . Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY County Rt, 48/Cutchogue/A-Residential and Agricultural District 1000 Section 96 Block 4 Lot 4.3 Street /Hamlet / Use District on Zoni~"~ ................................................................................ Current Owner Robert E, Bidwell Iv,ap No Lot No. Prior Owner _Har~v Haurus 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-30B(14) 3 TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (XX) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (XX) request tar o vonance and was mode in Appeal No .;~Z32 ..................... Dated .......... dnrle..Z,,..]9~J3 ...... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (XX) A Variance Io the Zoning Ordinance ( ) is requested for the reason that In it's decision on the above referenced matter the Zoning Board of Appeals ruled that application for a special exception must be made so that the winery may conduct retail sales and consumer tastings at the Route 48 location. ~orm ZBI (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Tastings and sales at the winery are essential in the building of consumer awareness of our wines, and ultimatly determine the future success of our endeavor. 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vlcinily of this property and in this use district because A winery (and the vineyards it supports) is a unique form of agricul- tural enterprise in that the winery is the end user of the vineyard's production (grapes). 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because We are essentially an agricultural entity. The vineyards which depend upon the winery for support are a permanent form of agriculture and are an invest- merit in the future agricultural identity of the District. COUNTY OF ~'Uf";FOL I<- ) .................... Signature Sworn to this ............................................ day o{ ............... ..... NOTARy PUBLIC, State of New Y01~ Qualified in Suffolk County Commission Expires Nov. 30, 19~C) NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS June 1985 June 1985 ~/,~t)~-Y~')C~ ,--' /~ Y / ( ~ ~'i , being duly sworn, deposes and says that on the r(, day o[c ~:>rr--~,~ ,~/2_.d~ , 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 Southold; that said Notices were mailed at the United States Post Of- fice at ~u~'-d~/~~- ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ,~7- , 19.~__~.~ J Notary Public JANET V. STEWART NOTARY PUBLIC, Stat~ of New York (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a~(Special Exception) (Special Permit) (Other) [circle choice] ~ 2. That the property, which is the subject of the P~tiLio.g isJoc, at~d adjacent to your property and is des- cribed as follows: Bidwell Vineyards- Tax map # ~0u-v6-,~-~..~ 3. That the property which is the subject of such Petition is located in the following zoning district: A- Residential and Agricultural 4 lha; h¥ such Petition, the undersigned will request the following relief: Permission to conduct consumer tastings and retail sales at the winery 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Section l(l~l-3(l-(R)14 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhotd Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 9-6-89 Petitioner Owners'Names: Robert E. Post Office Address Box 91 Bidwell Cutchogue, N,Y. 11935 Tel. No. (516) 734-5200 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] before any action is taken. I review W~ll oD ma~e ~ subm~s=~om 3. Will 9roject alter or have a large effect on ~¥es ~X ~o ~Yes X MO · Yes X Mo 8. Will project have a major effect on visual char- Yes ._~.X ~o ~e~re~enting: Bidwell Vineyards Z2A ~/?$ ' -- _ Date: 9-6-89 617.21 'L, Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART t~PROJECT INFORMATION (To be comoleted by Applicant or Project sponsor) 1o APPI. ICANT/SPONSOR Robert E. Bidwel 1 2. PROJECT NAME 3, PROJECT LOCATION.' Bi dwel1 Vi m uu.,¢toa.,. Cutchogue Suffol k South side of Route 48, west of Depot. Lane, Hamlet of Cut~:hogue SEQR $. IS PeoPOSED ACTION: ~ 6. DESCRIBE PROJECT BRIEFLY; ~-- Establishment of retail sales and consumer tastings within existing structures 10. I-lYes ~r~/No ItNo, c~escril3ebriefly We are applying for a variance to operate a retail wine outlet w. ithin our zoning district (Residential-Agricultural) DOES ACTIOr~ I~IVOLVE A PERMIT APPROVAl., OR FUNDING, NOW ~ ULTIMATELy F~OM ANY OTHER GOVERNMENTAL AGENCY (EEDERAL. STARE OR LOCAL}? ~ Ye~ ~hlo If yes, llst agency(s) and permit/apprOvals 00ES A~¥ ASPECT CF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12, AS A RESULT OF PROPOSED ACTIOt~ WILL EXISTING PERMITIAPPROVAL REQUIRE MOOIFICAT ON? I CERTIPY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I ~P,,,:~.,~*a,so, n~i~...Robert E., Bidw~ll · 9-6-89 · ' ' he Coasta~Area. and you are a state a~o th~.~_~ c, oastal ~ssessment Form before proceeding wIIh this assessment ~tssment Form . . . ., ,replete OVER ~ I (Continued on reverse side) 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 sub,it other supporting documenta- tion. ~ 1. Are there any proposals to chang?, o~ alter land contours? 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, cDncrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. e If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1-~17 State total: ..... ft. Are t. here other premises under your ownership a3outting t/%is 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 ~ e 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? If yes, please submit copy of names or purchasers and conditions of sale. (from cqnt~act) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes Yes Yes Yes Yes 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? Yes Yes ~ Yes Q 13. Please list present use or operations conducted upon the subject property at this time W4~e Pr0duct~0n and Wh0]esa]e Sa]es and proposed Retail ~e Sa]es Please submit photographs £or une recora. I certify that the above statements are true and are being submitted for reliance by the Soard of Appeals in consideri~ my application. ~gnacure ~Properuy Owner; (Au~nori~eu ~genc; 1/88 ~VETLANDS [Amended H-~fl-T~; hy L.[.. 85by L.~o ;-I~s~' A. TIDAL W:~TI,ANDS: (I) All lands generally cnver,.d or intermittently cay. ereci ~vith, or w ct borth,r on. Lidal water:~, or lying beneath tidal waters, which at mean Iow tide . are covered hy tidal wa/er~ to a m~ximum depth five (fi) feet. including hut not limited to bank~;. bo~s. salt mar~h, swamps, meadow~, flat:t or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal mar:;h : sUbject ~ such tides and upon which grows or may groxv some or any of the fo owing- salt hay, black grass, aaltworm, sea lavender, tall cord~rass, high bush, cattails, ground~el, marshmallow and low march cordgrasa; ami/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection At2) and lying w/thin seven- fy-five (75) feet lamlward of the most landward edge of such a tidal we/land. FRESIIWATER WETLAHDS: (1) 'Freshwa~r wet/ands" as defined in Article 2.1, Ti- tle 1, { 24-0107, Subdivisions l(a) ~ l(d) inclusive, of the Environmen~l Conservation ~w of the Sta~ of New York: and (2) All land immediately adiaccnt to :t "freshwater wet- land," as defined in Subsection Bi I) and b'in~' with- in sevenw-five (75) feet landward of the most land- ward edge fa freshxvnter Wetlaud." 9705 So thold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD. L.l., N.Y. 11cJ71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 3732. ACTION OF THE ZONING BOARD OF APPEALS Appl. No. ROBERT E. Names of Applicant(s}: Mr. Robert E. Bidwell TO: 27 Montrose Place Melville, NY 11747 BIDWELL At a Meeting of the Zoning Board of Appeals held on J~l' 14th the above application was considered, and the Action zn~icated below was taken on your { } Request for Variance to the Zoning Ordinance Article , Section { } Request for Variance Due to Lack of Access to Property, New York Town Law, Sec. 280-a {X } Request for Special Exception under the Zoning Ordinance, Article III, Section 100-308(14) Upon Application of ROBERT E. BIDWELL for a Special Exception to the Zoning Ordinance, Article III, Section 100-30B(14) for a Winery for the Production and Retail Sale of Wine Produced fro~"Grapes Primarily grown at the Bidwell Vine- yards, premises located at the South Side of C.R. 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-4-4.3 (prev. p/o 4.1). WHEREAS, a public hearing was held on June 2, 1988, in the Matter of the Application of ROBERT E. BIDWELL under Appl. No. 3732; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted considered this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: Page 2 - Appl. No. 3732 Decision Rendered Ju , 1988 Matter of ROBERT E. BIDWELL 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3 (part of 4.1). 2. The subject premises is presently improved with an agricultural structure presently under construction pursuant to Building Permit 15622Z issued January 12, 1987, and agricultural buildings constructed under Building Permit numbers 13780 issued March 22, 1985, and under 12617Z issued September 17, 1983. Town records shows that no on-site physical inspections of the buildings have been made to date under the N.Y.S. Construction Code by the Town Building Inspectors (since the buildings were apparently permitted only for agricultural storage). 3. By this application, applicant requests a Special Exception to the Zoning Ordinance under Article III, Section 100-30B, Subsection 14 for permission to establish a Winery for the production and retail sales of wine produced from grapes primarily grown on the vineyard on which such winery is located. 4. The premises in question contains a total acreage in excess of 14 acres having a frontage of 679.42 feet along the south side of County Road 48 (Middle Road) in the Hamlet of Cutchogue, Town of Southold. 5. The subject premises is located in the A-Residential and Agricultural Zoning District and is improved with a prin- cipal agricultural barn building containing a total floor area of approximately 4765 sq. ft. An addition made of prefabricated steel is proposed of a size 90 ft. x 54 feet, which would increase the floor area of the building to a total of 9625 sq. ft. 6. The area proposed for retail sales is to be not more than 4819 sq. ft. as marked in "red" on the Proposed Sketch Drawing prepared b~ Guldi & Showers dated May 31, 1988 under Drawing No. A-1. The remaining floor area is proposed for storage, production, utility rooms, wholesale sales areas, bathrooms, hallways, file room. Sufficient information has not, however, been presented to confirm whether the proposed retail sales area of the subject winery establishment will be occupied entirely or partly in the newly proposed addition or the existing agricultural barn structures, or whether the wholesale and production areas are to be within the existing, or proposed, addition. 7. The setbacks of the winery building in question is shown on the February 11, 1988 final location survey prepared by Williams R. Simmons, Jr., L.C. to be at 155.7 feet from the northerly property line along the County Road. The parking areas are shown to be a minimum of 36 spaces, 18 at the west side and 18 at the east side of the building, lit is noted for the record that an application for site plan approval by the Planning Board is pending review at this time as required by Article III, Section 100-30B(14) and Article XIII of the Zoning Code. 8. In considering this application, the Board determines: (a) that the buildings within which the proposed winery uses are to be located must first be inspected and approved as to meeting all the requirements of the N.Y.S. Construction Codes and all other applicable codes; Page 3 - Appl. No. 3732 Decision Rendered July 14, 1988 Matter of ROBERT E. BIDWELL (b) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (c) that the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed use and its location; (d) the use will be in harmony with and will promote the general purposes and intent of zoning since this is a use permitted by legislative action and will meet all other requirements of the zoning code. 9. The Board has also considered Items (a) through (1) of Article XII of the Zoning Code in making this determination. 10. It is the position of this Board that in making this determination, the occupancies for the uses permitted hereunder shall exclude the retail sales, and that applicant will be required to submit a separate application, in complete detail and form, for consideration of same, together with all other areas (wholesale areas, file room, production rooms, storage areas, etc.). Additional information is needed before an approval can be given for the use of retail sales and occupancy by the public for the same. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Special Exception for the Production of Wholesale Storage of, and Wholesale Sales of, Wine Produced from Grapes Primarily Grown on this Parcel, in'the Matter of ROBERT E. BIDWELL under Appl. No. 3732, SUBJECT TO: 1. Approval as required under Article III, Section 100-30B(14) and Article XI of the Zoning Code for site plan review by the Planning Board; 2. No occupancy of the buildings by the public for retailing, except in the following manner: a. Issuance of appropriate Building Permits; b. Inspections and Approvals as to compliance and acceptance by the Building Inspector as required under the N.Y.S. Construction Code, etc., and the same is ready for issuance of a Certificate of Occupancy for all uses as applied (before issuance of a C.O.); c. Application for a special Exception and appropriate papers in complete form depicting the retail sales, wholesale sales, wholesale storage, bathrooms, file and office room(s), production rooms, and all other activities to be conducted on the premises and within the building(s) to be filed and considered by the Board of Appeals, and further on-site inspections. 3. On Board's own motion, this matter may be reopened for a rehearing and reconsideration if the above conditions are not complied with. Vote of the Board: Douglass and Sawicki. tion was duly adopted. Ayes: Messrs. Goehringer, Grigonis, (Member Doyen was absent.) This resolu- lk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Gfigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'I'F 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. 3882 Matter of 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. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of BIDWELL WINERIES, under Appeal No. 3882; 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 Route 48, Hamlet of Cutchogue, and is identified on the -Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3. 2. This is an application for Special Exception from the Zoning Code Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. Page 2 - Appl. No. 3882 Matter of BIDWELL WINERY Decision rendered February 15, 1990 3. Article III, Section 100-30, The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second- home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. 4. Also noted for the record under Appeal No. 3732 for a Winery for the Production and Retail Sale of Wine. In this Decision rendered July 14, 1988 it states: (a) The area proposed for retail sales is to be not more than 400 sq. ft. as marked in "red" on the Proposed Sketch Drawing prepared by Guldi & Showers dated May 31, 1988 under Drawing No. A-1. 5. In considering this application, the Board finds and determines: ia) that the use will not prevent the orderly and reasonable use adjacent properties or of properties in adjacent use districts; (c) 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; (d) 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. Grigonis, seconded by Mr. Dinizio, it was Page 3 Appl. No. 3882 Matter of BIDWELL WINERIES Decision rendered February 15, 1990 RESOLVED, to GRANT a Special Exception in the matter of the application of BIDWELL WINERIES as applied under Appeal No. 3882, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the Winery sell their wine product in the 20 X 20 building presently located in the front of the building, conditionally for three (3) years from date of this decision. 2. This Decision is subject to Site Plan Approval by the Southold Town Planning Board. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio, (Absent Serge Doyen and Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN 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 OP' SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southo[d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. NO. 3945 Matter of BIDWELL WINERIES. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to set up a temporary tent for cultural events. Proposed tent does not address this condition in A-C Zone District. Property Location: 18910 County Road ~48, Cutchogue, County Tax Map No. 1000, Section 096, Block 04, Lot 4.3. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of BIDWELL WINERIES, under Appeal No. 3945; 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 Route 48, Hamlet of Cutchogue, and is identified on the Suffolk County Tax Maps as District 1000 Section 96, Block 04, Lot 4.3. 2. This is an application for Variance from the Zoning Code Article III, Section 100-30, for approval of a temporary tent for cultural events, proposed tent does not address this condition in A-C Zone District. Page 2 - Appl. No. 3945 Matter of BIDWELL VINEYARDS Decision rendered May 30, 1990 3. Article III, Section 100-30 - The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-BO, R-120, R-200 and R-400 Districts is to reasonably control, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for significant portion of the town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interest of farmers and other farmland owners. 4. Also noted for the record under Appeal No. Winery for the Production and Retail Sale of Wine. Decision rendered July 14, 1988 it states: 3732 for a In this (a) The area proposed for retail sales is to be not more than 400 sq. ft. as marked in "red" on the Proposed sketch Drawing prepared by Guili & Showers dated May 31, 1988 under Drawing No. A-1. Also noted for the record under Appeal No. 3882 for approval of consumer tasting and retail sales from the Winery. In this decision rendered February 15, 1990 it states: [a) That the Winery sell their wine product in the 20 X 20 building presently located in the front of the building, conditionally for three (3) years from date of this decision. (b) That this decision is subject to Site Plan Approval by the Southold Town Planning Board. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was Page 3 - Appl. No. 3945 Matter of BIDWELL VINEYARDS Decision rendered May 30, 1990 5. 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 districts; (b) that there is no other method for appellants to pursue; and placing the proposed temporary tent in any other location on the premises will require other variance relief; (c) that the area chosen for the temporary tent is not unreasonably located; (d) that the Variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Variance, as Applied conditionally noted below. RESOLVED, to GRANT a Variance in the matter of the application of BIDWELL VINEYARDS as applied under Appeal no. 3945, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the temporary tent only be used as a secondary and an incidental use for the production and sale of Bidwell Wines and for the purpose of advertising or for the tasting of Bidwell wines and not for the sale of non-wine products such as posters, paintings or any other objects/products that have not been grown or produced on the premises. 2. That the temporary tent only be granted for a maximum period of ninety-five (95) days from the date of this decision, this tent must be dismantled and removed by September 15, 1990. 3. That this approval is expressly contingent upon the applicant providing forty (40) on site parking spaces, the applicant must provide enough stone blend surface to provide adequate parking. 4. That the existence of any off premises parking is a direct violation of this temporary permit and renders this decision null and void. Page 4 - Appl. No. 3945 Matter of BIDWELL VINEYARDS Decision rendered May 30, 1990 5. That the tent meet any and all fire code regulations and is to be inspected by a Southold Town Building Inspector. 6. That this decision is also expressly contingent on the applicant's representation that it will vigorously and continuously pursue site plan approval from the Southold Town Planning Board for the subject winery. In the event that this Board is advised that the above stated condition has been violated, this permit shall, upon notice to the applicant, become null and void. Vote of the Board: Ayes: Messrs. Goehringer, Sawicki, Dinizio and Doyen (Absent Charles Grigonis). This Resolution was duly adopted. df GERARD p. GOEHRINGER, CHAIRMAN 350 I000 STATE OF NEW YORK COUNTY - SUFFOLK TOgN OF SOUTHOLD SWIS - (73889 C R R E A L P R 0 ~ E R T y~ ~ y S T E M 0 S S R E F E R E N C E L I S T I N G PARCEL IDENTiFicATION SEQUENCE REPORT NO. RPS350P1 PG 213 CURRENT DATE - 07/06/89 RPS3501VO21LO02 PARCEL ID - 96.-4-3 96. -4-( .3 96.-(-5 x,~ 96.-(-6 96.-(-8.1 96.-5-1.1 96. -5-1.2 96.-5-2 96.-5-4.1 96.-5-5 96.-5-6 96.-5-? 96. -5-8 96.-5-9 96.-5-10 96.-5-11 96.-5-12.1 96.-5-12.2 97. -1 -1 97.-1 -3 97. -1 -4 97.-1-5 97.-1 -6.1 97.-1 -7 97. -1 -9 97.-1-1 1.2 97.-1-11. ( 97.-1-1 1.5 97.-I-11.7 97.-1 -12.1 97.-1-12.2 97.-1-1( _ 97--1-15 97.-1-16.1 97.-1-16.2 97.-1-17 __ 97.-1-18 97.-1-19 97.-1 C QN C SY C TU C RZ C SS C VA C RJ C QK C SS C SP C TI CUB C C C C C C C C C C C C C C C C C C C C C C C C C C C Y CK 1989 ..... T A X A B L E - - - RES PAP R DG N A M E TOTAL counTY TWN/CITY SCHOOL VILLAGE PCT els MATWIECZYK, JOHN S & W (100 4100 4100 (100 0 210 SLAGA JUSTYNA & (500 (500 4500 (500 0 210 BIDWELL ROBERT E 10700 10700 10700 10700 0 120 CHUDZ[NSKI, GENEVIEVE 6000 6000 6000 6000 0 210 ZUHOSKI. JOSEPH 6300 6300 6300 6300 0 210 POLLAK. HENRY A 9(00 9(00 9(00 9(00 0 48( CYBULSKI ANDREW & sOPH 7500 7500 7500 7500 0 210 CYBULSKI, THOMAS A . 12400 11800 11800 11800 0 120 BUGDIN, VICTORIA E & A 7500 7500 7500 7500 0 (25 GROHOSKI, IRENE 3800 3018 3018 3800 0 210 MC CAFFERY VIRGINIA E 5100 5100 5100 5100 0 210 SMITH. EVA M (700 3525 4?00 4700 0 210 MARTKA, WALTER S 3700 3700 3700 3700 0 210 UU PUDGE CORP 1800 1800 1800 1800 0 311 VH KAELIN MARY 4500 3700 3700 (500 0 210 PQ ORLOWSKI, PAUL H & WF 7&O0 6618 6618 7(00 0 210 gJ ISAACS, CLIFTON B 5200 (418 ((18 5200 0 210 RY SACRED HEART CEMETERY 6000 0 0 0 0 695 SU OUR LADY OF OSTRABRAMA 56500 ' 0 0 0 0 620 NO DANK LEONARD D & WF 19100 18100 18100 18100 0 120 PA LEWIS. BURT G 7800 7800 7800 7800 0 (83 PT THOMPSON, ELWOOD 2700 O 0 ~700 0 210 aM DIXON, JAMES EST -1800 '1800 i800 i800 0 210 SB GANBE ASSOC INC SSB . 6100 6100 ~ 6100 6100 0 48( PY HALIKIAS, ROBERT D & W 1800 1800 ~ 1800 1800 0 311 TK VITRIOL BARRY & WF (300 'r4300 4300 4300 0 210 PY RESSLER HAROLD K & ANO 6600 6600 6600 6600 0 129 RQ RESSLER HAROLD & ANO 3(00 3400 3600 3400 0 312 SM ~INNS DOROTHY 4500 '&500 ~500 4500 0 210 UE ROBINSON. DONALD . 3(00 3(00 3(00 3400 0 210 PV PUGL[ESE RALPH & ORS 16800 ' 1680~ 16800 16800 0 120 QR RYSKO, STANLEY & WF 6100 6100 6100 6100 0 210 QL ORLOWSKI, CHESTER P & 2300 2300 2300 2300 0 (84 RE CASE~ HELEN F ..... 2100 . 2100 2100 2100 0 210 ST STEPNOSKI. WATsIE G & 4000 (000 4000 &O00 0 120 TP TOWN OF SOUTHOLD 1200 0 0 0 0 821 SQ LINDNER, GEORGE E & WF 7200 - 7200 7200 7200 0 210 TJ CARTSELOS CHARLES & WF __.1600 _ !600 1600 1600 0 311 UC BATSON CHERI 6500 6500 6500 6500 0 210 OF TERRY MARION A 4000 (000 4000 (000 0 710 1 1 1 1 1 1 1 1 1 1 1 1 1 8 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8 1 1 1 1 R H ACCOUNT SS C NUMBER 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 36 13 13 13 13 13 13 13 13 1.1: ~ A--C A~C A-C HD TOWN CLERK Coup., New ~or~ :~o- ~6~-~8o~ ~.o ~ ~4 Jut~'h T. Ter~, Town Clerk