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HomeMy WebLinkAbout3945 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765- ! 809 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. 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 948, 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-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 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 RECEIVED AND FILED BY THE SOUTHOLD TOWN Ct.k'~( Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 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 $OUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MAY 15, 1990, at the following times: 7:30 p.m. Appl. No. 3940 - HAROLD AND SARA TAUBIN. Variance to the Zoning Ordinance, Article III A, Section 100-30A.4 (100-33) for permission to construct an accessory building in frontyard area. in the required rear yard. Southold, County Tax Map No. Accessory buildings may be located Property Location 625 Terry Lane, 1000, Section 65, Block 1, Lot.23. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 7:35 p.m. Appl. No. 3937 - PATRICK LOHN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2480 Minnehana Boulevard, $outhold, County Tax Map No. 1000, Section 87, Block 3, Lot 57. 7:40 p.m. Appl. No. 3935 - JCM SALES AND LEASING. Variance to the Zoning Ordinance, Article XXIII, Section 239.4, for permission to construct an accessory deck, proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 62825 North Road, Greenport, County Tax Map No. 1000, Section 40 Block 01, Lot 11.1. 7:45 p.m. Appl. NO. 3934 - JOYLON STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 A(1), for permission to construct addition to one family dwelling. Proposed construction will be less than 100 ft. from the tod of the bluff. Property Location: 63035 County Road 48, Greenport, County Tax Map No. 1000, Section 40, Block 01, Lot 13. ~age 3 - Notice of Hearings $outhold Town Board Regular Meeting of May 15, 1990 7:50 p.m. Appl. No. 3933 - PAMELA VALENTINE. Variance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in front yard area. Fence in the front yard area not to exceed 4.ft. in height. Property Location: 34655 Main Road, Orient, County Tax Map No. 1000, Section 019, Block 01, Lot 5 & 6. 7:55 p.m. Appl. No. 3936 - LUCAS FORD. Special Exception to the Zoning Ordinance, Article III, Section 100-31 C.9 (E), for permission to install an off-premises sign. Property Location: 43600 County Road 948, Southold, County Tax Map No. 1000, Section 063, Block 01, Lot 1.6. 8:00 p.m. Appl. No. 3943 - GREG'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordinance, Article III A, Section 100-30 A.2 C(1) (100-31C), for permission to construct an off-premises sign. use in this district. Sound Road, Greenport, Block 1, lot 8. Off-premises signs are not a permitted Property Location: 69435 Route 48 & .55 County Tax Map No. 1000, Section 35, Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 15, 1990 o8:05 p.m. Appl. No. 3945 - BIDWELL WINERIES. Variance to he Zoning Ordinance, Article III, Section 100-30, for / / ermission to set up a temporary tent for cultural events. ~_, roposed tent doesn't address this condition in A-C Zone ~ _ istrict. Property Location. 18910 County 948, Cutchogue, ~ unty Tax Map No. 1000, Section 096, Block 04, Lot 4.3~ 8:10 p.m. Appl. No. 3929 - VINCENT ANNABEL. Special Exception to the Zoning Ordinance, Article III, Section 100-31, for permission to have an accessory apartment. Property Location: 4300 Stillwater Avenue, Cutchogue, County Tax Map No. 1000, Section 137, Block 2, Lot 21. 8:15 p.m. Appl. No. 3932 - MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Section 100-239.4 A, for permission to construct a swimming pool, Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, CQunty Tax Map No. 1000, Section 014, Block 02, lot 3.5. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 8:20 p.m. Appl. No. 3939 - GEORGE SCHlqEIDER. Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insufficient sideyar9 setback. Property Location: 800 Sterling Road, Cutchogue, County Tax Map No. 1000, Section 104, Block 01, Lot 29. 8:25 p.m. Appl. No. 3932 - ROBERT GREDICK. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Article IIIA, Section 100-30A.4 (100-33), for permission to construct addition to dwelling and accessory garage in front yard area. Proposed construction will have insufficient front yard setback and accessory buildings may be located in the required rear yard. Property Location: 7825 Nassau Point Road & Clearwater Lane, Cutchogue, County Tax Map No. 1000, Section 118, Block 04, Lot 06. 8:30 p.m. Appl. No. 3931 - JOSEPH SHIPMAN. Variance tQ the Zoning Ordinance, Article X, Section 100-102, for permission to institute a second business, Bulk, Area and Parking Requirements. Property contains less than required business area. Property Location: 6619 Main Road, Laurel, County Tax Map No. 1000, Section 125, Block 01, Lot 19.7. gage 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 8:35 p.m. Appl. No. 3942 - DAVID & MARY ANN CREATO. Variance to the Zoning Ordinance, Article III, Section 100-31 (A) 1, for permission to have a second dwelling, only (1) family dwelling permitted on each lot. Property Location: 3539 {ROW% Cox Neck Road, Mattituck, County Tax Map No. 1000, Section 106, Block 08, Lot 51. 8:40 p.m. Appl. No. 3941 - CONSTANTINE GEORGIPOULOS. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for permission to construct a one family dwelling. Proposed construction will have insufficient front yard setback. Property Location: 1300 Lake Drive, Southold, County Tax Map No. 1000, Section 59, Block 1, Lot 21.6 & 21.7. 8:45 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVII, Section 100-281 (3), as disapproved, for permission to construct additions and alterations to garage with apartment. Garage living quarters has been dormant long enough to loose its non-conforming status and the use there of. Property Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 03, Block 07, Lot 05. Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 15, 1990 B:50 p.m. Appl. No. 3938 - VILLAGE MARINE. Variance to the Zoning Ordinance, Article XII, Section 100-112, Article XII, Section 100-111(C)1, Article XXIII, Section .239.4, for permission to enlarge preexisting marina building and install boat rack (outside). Property Location: 175 Bay Avenue, Mattituck, County Tax Map No. 1000, Section 122, Block 03, Lot 15.1. 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 May 8, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · .o-~~. ~..~ ..... ~/.~.~'7.... PLEASE TAKE NOTICE that your application dated .... .~ .¢~....~...~. ......... 19 for pe~it to ~ ~.~~.~.~.. ~ t~. ~ ..... at Location of Property h~ds~O .... ~.~ ~ ~ o. q .... County Tax Map No. 1000 Section .... ~.~ & .....Block .... ~ .~ ...... Lot .. ~, .~ ....... Subdivision ................. Filed Map No ................. ,Lot No..~-~...., ....... ~. is returned herewith and disapproved on the following grounds ~~ ..~,. ~.~ J0'~ ~O ~..d~... :~..o,.~.. 7,~.....~..~.,~,...A..-.C.. ~...~,~.... ,.. ..... ............ Building Inspector RV 1/80 TOWN OF $OUTHOLD, NEW YORK ~MY J~I~KJFROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~l q 5- DATE ....~./. ,1,.~ ~...g..g .......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)...B..!..d..w...e.!..!....V..!.n...e..y...a..r..d...s ........................ of Route 48 Nome of Appellant Street and Number .......... ~.~..~.£.b. fi~g.g..~ ................................................................... ~.~...Y.0.t..Lq....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR. ON APPLICATION FOR PERMIT NO ..... .n./.~ .......................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Bidwel 1 Vineyards Nome of Applicant for permit of Route 48 Cutchogue New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY .....~...8..9...~..0........C..o...u..n.~.y....4...8. ........................ .C...u.~..c..h..o..q.u,..e. ............ Street /Hamlet / Use District on Zoning Mop .D..i..s..t.~.j..c..~....1..~..~..~....S.~e'.c.~.!.~..n....~..~...6..B.1...~.c...k..~..4...L..~.~..4......3...Current Owner Robert. E. Bi dwell Mop No. Lot No. Prior Owner _ 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 100-30 3.//TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (i/) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 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 ( ) request for a variance and was made in Appeal No....3...7..3..~.......~.~ ........... Doted ..... .8./.J~.c). ....................................................... 3882 se 12/89 REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB] (Continue on other side) REASON FOR APPEAL Continued ~ 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties sary HARDSHIP because ahel~ To protect cultural exibits from weather and to keep such events restricted to that designated area. ! 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because Temporary Tent 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE' CHARACTER OF THE DISTRICT because This temporary structure is for the use of cultural events. COUNTY OF ) Sworn to this ........................... /. .................. day of ................ .~..~ ........................ 19 ..................... .......... Notary Public .... ..... ?,..,/:,.//a TOWN OF SOUTHOLD PBOPE'RTT RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT S W "~ TYPE OF BUILDING RES. /.,,? ¢~ SEAS. VI_ FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS Tillable /'_~; a ~ ~ S~.O * .~ 7 ~0 FRONTAGE ON WATER W0adlond ' FRONTAGE ON ROAD '~' I ~ Meadowland DEPTH ~;~ ~ O ~¥ ' Hause Plot I, o ~c~_ I 'z.~o /E'O~ BULKHEAD Totol ) "~1 0 Foundation Basement Ext. Walls Fire Place Pool Patio Driveway Bath Floors Interior Finish Heat Attic Rooms 1st Floor Rooms 2nd Floor .! APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephgne (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-OFFICE MEMORANDUM SCOTr L. HARRIS Su~isor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Matthew G. Kiernan, Assistant Town Attorney Board of Appeals January 16, 1991 Your Memorandum of 1/11/91 Bidwell Wineries We are in receipt of your memo and would like to confirm the status of the subject Special Exception files: (1) Appl. No. 3882 rendered 2/15/90, (2) Appl. No. 3945, (3) Appl. No. 3732 rendered 7/14/88. In every determination, site plan approval was necessary before occupancy for retail sales or use for production of wine will be allowed. The Special Exception rendered 7/14/88 under Appl. No. 3732 was strictly for a Winery for the Production of Wine (without retail sales), and prompted the subsequent applications for the retail sales areas. It was found during this process that the building was built without a building permit since it was deemed by the building inspector to be strictly a "farm building." It was made clear that any proposal for occupancy for retail sales to the public will require not only a Special Exception but also an official building permit with complete construction plans and all inspections. Under Appl. No. 3882 (2/15/90), the ZBA authorized by the conditional Special Exception proposed retail sales of Bidwell's wine product only in the 20' x 30' front area of the building, expiring on February 15, 1993, subject first to receiving site plan approval from the Town Planning Board. Under Appl. No. 3945 (5/30/90), the ZBA authorized by the conditional Special Exception the location of a temporary tent structure incidental to the production and sale of Bidwell Wines, its advertising or for the tasting of Bidwell Page 2 - January 16,~_991 To: Matthew G. Kiernan, Asst. Town Attorney From:' Board of Appeals Subject: Bidwell Winery Wines only, conditioned upon an improved parking area, obtaining a site plan approval by the Town Planning Board, and approval from the Building Department, prior to occupancy thereof. Without obtaining site plan approval and furnishing documentation to the ZBA for clearance under the above-referenced Special Exception(s), the use to be permitted thereunder was not effectuated or validated. In any event, this Special Exception did expire on September 15, 1990, is no longer in effect. Further application must be made before any tent or other structure is built for uses related to the winery or production or grapes. Ail three Special Exceptions were conditional and as of this date have not been complied with. Therefore, the premises may not be occupied for the production of wine and/or retail sales of wine and/or wine products. Proof should first be submitted to the ZBA for clearance before occupancy permits or other permits are issued. P.S. Please let us know if you would like us to communicate with Mr. Bidwell. A response was not sent concerning the letter of Mr. Bidwell to the Building Department due to the pending litigation in Justice Court, but we will be happy to respond if necessary. 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 DF 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 T~E 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 36, 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-80, R-120, R-200 ~nd 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 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 maximual 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 providihg 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 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 WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personaily 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. Pa~e 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 exteht 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 substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; a (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 ~ONDITIONS: 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, CHAIRM3LN Soathold Town Board of Appeals MAIN ROAD- STATE ROAD ~S SOUTHOLD. L.I., N.Y. llCJ?1 TELEPHONE (516) 765-'~809 APPEALS BOARD MEM,BERS GERARD P. OOEHR1NGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE OOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 3732. ACTION OF THE ZONING BOARD OF APPEALS Appl. No. ROBERT E. BIDWELL Names of Applicant(s): Mr. Robert E. Bidwell TO: 27 Montrose Place Melville, NY 11747 At a Meeting of the Zoning Board of Appeals held on July 14th the above application was considered, and the Action fndicated 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 from'~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 Me~ubers 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 imDroved 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 6n 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. _It 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, ~nd 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 GRA/qT 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 A~icle 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 reoDened 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 GERARD P. GOEH~INGER, ~IRMAN PL.~NNING BOARD MEMBERS Bennett Orlowski, .Ir., Chairman George Ritchie Latham, ..Ir. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOTt L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 TO: From: Thomas Fisher, Building Inspector In Charge Robert G. Kassner, Site Plan Reviewer ~ Subject: Proposed Site Plan for Bidwe11 Vineyard Route 48, Cutchogue SCTM# 1000-96-4-4 DATE:. August 11, 1993 A current review of the file for the 'proposed site plan'for Bidwell. winery indicates that Special Exception No. 3882 granted by the Board of Appeals on February 15, 1990, for the retail sale of wine has expired. Bidwell has been informed of this expiration.' A recent re¥ision of th~ site plan sent.to the Planning~Board showing a wine tasting and sales pavilion was taken bacR~b¥ Bidwell. The Planning Board does not have a current site plan that it is reviewing. In light of this fact enforcement action is recommended. Gerard P. Goehringer, Chairman, Board of Appeals APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 22, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mrs. Jean Bidwell Bidwell Vineyards Route 48 Cutchogue, NY 11948 Dear Mrs. Bidwell: As requested by you today, we~enclosing information concerning the prohibition against public assembly, etc. in the Agricultural-Conservation and Residential Zone Districts. Also enclosed, however, is an excerpt from Chapter 27 of the Town Code concerning permits for non-profit, charitable fundraising events available through the Town Clerk's Office. For information on the filing fee, application forms, etc. for charitable fundraising events, please call 765-1801 (Town Clerk's Office). Very truly yours, Linda Kowalski Enclosures TOWN CLERK MARRIAGE OFFICER Town Hall. 53095Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-t823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SPECIAL PERMIT In accordance with Chapter 27, Section 27.1.B of the Code of the .Town of Southold, a permit is hereby granted to Pindar Vineyards, NYS "Route 25, Peconic, New York, to hold a Lobster and Chardonnay Festival as a fundraiser for the benefit of the North Fork Catholic School, on Sunday, August 30, 1992, from 12;00 Noon to 5:00 P.M., provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. Dated: August 21, 1992. Southold Town Clerk cc: Police Chief Droskoski Building Department GW. Bott, NF Catholic School ~ APPEALS BOARD MEMBERS Gerard P. Goehrin~er, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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 Dr. Hercdotus Damianos Pindar Vineyards P.O. Box 332 Peconic, NY 11958 MAY 1 2 1992 Re: Use of Proposed 86 ft. by 35 ft. Building at Pindar Dear Dr. Damianos: Thank you for conferring with the Board of Appeals at our Regular Meeting held on Thursday, May 7, 1992 concerning the proposed use of the 86 ft. by 35 ft. building. As you know, the conference was the result of reviews concerning a site plan which was pending under the zoning code and the environmental procedures, and there were concerns that our department and other departments or agencies will also have jurisdiction concerning use of the structure for public assemblies such as wine festivals, concerts, sales of wine, etc. You were kind enough to provide us in writing with the proposed uses, now as a gazebo and in the future for certain public events. As explained to you on Thursday evening, public assembly uses are not permitted as a matter of right Under the current zoning code and do not fall under the accessory provisions of the code. They are uses found to be independent and not customarily necessary or incidental to the-production of wine. We advised you that an application to the Town Clerk under Chapter 27 of the Code of the Town of Southold to determine the need for permits was necessary for such public assembly uses, as well as any proposed extension of retail sales of wine, in the form of an amended Special Exception to be filed with the Board of Appeals. The Town Board and the Zoning Board each have original jurisdiction for these permits, and an amended site plan application with the Planning Board. I~i%ur understanding, after our discussion, that the use of the building at this time is only for private "gazebo-type" sittings of individuals or groups who will be entering or ' ~/.~e':'2 - Pindar Vineyards Public Assembly~ Festivals, etc. ..... y ~ve~ts, SUCh.as festivals, concerts, and/or n~-ror~p~grlt charitable fund-raising events. In any event wnen ~n~ ir ~ou decide to plan for such public events, you ha~e~ agree~ to ma~e all agency applications and receive written approvals prior to conducting these events. We are furnishing copies of this let{er to the Planning Board Chairman, Members and Staff, and the Building Department for their permanent recordkeeping and update. Very truly yours, lk cc: Building Department Planning Board Chairman, Members BOARD OF APPE,A..LS By: GEP3LqD p. GOEHRINGER CHAI P~%N (Attn: V. Lessard) and Staff · PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Lalham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 September 16, 1991 Robert Bidwell Bidwell Wineries Route 48 Cutchogue, NY 11935 RE: Proposed Site Plan for Bidwell Vineyard Route 48 Cutchogue Zone - (A-C) Agricultural-Conservation SCTM# 1000-96-4-4 Dear Mr. Bidwell: The Planning Board has received your .letter of September 6, 1991, and the updated maps. Thefollowing changes to the site plan must be made before the Board can proceed: 1. Show a handicapped parking space. Show the electrical transformer as being screened with either evergreens or a stockade fence. Show a paved walk from the bus parking area to the retail sales building. Eliminate parking space number fifteen (15) to allow pedestrian and wheelchair access to the winery from the parking area. Se Move gravel walkway further from the buildings, and show it as being paved. The area between the walk and the buildings should be landscaped with evergreens. Show landscaping in the area to the west and north of the parking area. Page 2 Bidwell Winery Enclosed for your use is a section of the plan showing the changes noted above. If you have any questions, staff to discuss these changes, this office. or would like to meet with the please contact Bob Kassner of Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Matthew Kiernan, Assistant Town Attorney Victor Lessard, Principal Building Inspector // /3 el~'¢ d. - en~ o/ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephgne (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-OFFICE MEMORANDUM sco'Yr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FROM: DATE: SUBJECT: Matthew G. Kiernan, Board of Appeals January 16, 1991 Your Memorandum of Bidwell Wineries Assistant Town Attorney 1/11/91 We are in receipt of your memo and would like to confirm the status of the subject Special Exception files: (1) Appl. No. 3882 rendered 2/15/90, (2) Appl. No. 3945, (3) Appl. No. 3732 rendered 7/14/88. In every determination, site plan approval was necessary before occupancy for retail sales or use for production of wine will be allowed. The Special Exception rendered 7/14/88 under Appl. No. 3732 was strictly for a Winery for the Production of Wine (without retail sales), and prompted the subsequent applications for the retail sales areas. It was found during this process that the building was built without a building permit since it was deemed by the building inspector to be strictly a "farm building." It was made clear that any proposal for occupancy for retail sales to the public will require not only a Special Exception but also an official building permit with complete construction plans and all inspections. Under Appl. No. 3882 (2/15/90), the ZBA authorized by the conditional Special Exception proposed retail sales of Bidwell's wine product only in the 20' x 30' front area of the building, expiring on February 15, 1993, subject first to receiving site plan approval from the Town Planning Board. Under Appl. No. 3945 (5/30/90), the ZBA authorized by the conditional Special Exception the location of a temporary tent structure incidental to the production and sale of Bidwell Wines, its advertising or for the tasting of Bidwell Page 2 - January 16,~91 To: Matthew G. Kiernan, Asst. Town Attorney From: Board of Appeals Subject: Bidwell Winery Wines only, conditioned upon an improved parking area, obtaining a site plan approval by the Town Planning Board, and approval from the Building Department, prior to occupancy thereof. Without obtaining site plan approval and furnishing documentation to the ZBA for clearance under the above-referenced Special Exception(s), the use to be permitted thereunder was not effectuated or validated. In any event, this Special Exception did expire on September 15, 1990, is no longer in effect. Further application must be made before any tent or other structure is built for uses related to the winery or production or grapes. Ail three Special Exceptions were conditional and as of this date have not been complied with. Therefore, the premises may not be occupied for the production of wine and/or retail sale~ of wine and/or wine products. Proof should first be submitted to the ZBA for clearance before occupancy permits or other permits are issued. P.S. Please let us know if you would like us to communicate with Mr. Bidwell. A response was not sent concerninq the letter of Mr. Bidwell to the Building Department ~ue to the pending litigation in Justice Court, but we will be happy to respond if necessary. 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 May ] 5, S.E.9.R.A. TYPE II ACTION DECLARATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Teiephone (516) 765-1800 ]990 Appeal No. 3945 Project/Applicants: County Tax Map No. Location of Project: Bidwell Vineyards 1000-96-4-4.3 18910 CR 48, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to set .up temporary tent for cultural events This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at {516) 765-1809. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3945. BIDWELL VINEYARDS DATE: MAY 1, 1990 Transmitted is application for variance submitted by BIDWELL VINEYARDS together with letter from Dianne Kozakiewicz, Winery Sales Manager; survey of property; notification to adjacent property owners; Notice of Disapproval from the Building Inspector; short environmental assessment forms; and Zoning Board of Appeals Questionnaire form. Judith T. Terry Southold Town Clerk So thold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SFIUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE OOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI ACTION OF THE ZONING BOARD OF APPEALS 3732. 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 July 14th the above application was considered, and the Action indicated 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 frost'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 imDroved 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 Cutchoque, 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. Tit 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 A~icle 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 Court of VILLAGE OF-- DOCKET NO.(S) Special Sessions TO~ OF ~ STATE OF hEW ~OR( (IllVlYOF!tJFIqI.K VILLAGE OF 11~ OF Southold VIOLATION COHPLAINT Iss RObert E. Bidwell Plane Vincent R. Wieczorek of No. Ordinance Inspector of the Town of Southold DEFENDANTS IN CUSTODY being duly sworn, says that on December 4, 1990 Hamlet at 18910 County Road 48 ~cl~ge of County of Suffolk, State of New York, the defendant(s) about Cutchogue Robert E. 2:q5 P.M. Towo of Southold Bidwell (Bidwell Wineries) 18910 County Road 48/ Cutchogue, New York 11935 wrongfully, intentionally, knowingly, ~'d~K.9~zlx, x~ixk~--l~i~iKaixae~id~lim'~ coamitted theoffense(s)of: operatin9 a business without site plan approval in violation of AP. title XXV. Chapter 100-253(F of theCode of the Town of 5outhold and occupying a building w,thout a certltlcate of- occupancy in violation of Article XXVIII Chapter 100-284(A)(1) of the Code of the Town Southold. -' Count # 1 ih'that: PursUant to Article XXV Section 100-253(F) of the Code of the Town of Southold, failure to obtain site plan approval shall be a violation and on th& date and time in question the defendant did not have site plan approval. Furthermore, at such time, deponent did personally observe defendant operating a winery business at the aforesaid location in that deponent observed the sale and storage of wine. Count # 2 in that: Pursuant to Article XXVIII Section 100-284(A)(1) of the Code of the Town of Southold, it shall be Unlawful to occupy and use a building erected until a certificate· of occupancy is issued therefor and on the date and at the time aforesaid, deponent did personally observe the occupancy and use of the rear barn at the Subject location (for which building permit number 15622Z was issued) for which no certificate of occupancy had been issued. ~l~is ce~plaint is based on (personal knowledge) & ~Xl~*~iYdt,~lIKlkt~xlFe~i~), the source being .': '. ~l~i~i~. p~r~nnl nhRarvatlon of deponent. · ~dated D C the attached la~ratory report of the dated ~1: SWOBN TO BEFORE ME THIS 3rd tlttEN lC 'DE VOE . I~. 4707878. Suffolk Count/, mrm Expire~ I~rch ~0.19 ?1 ,. DAY OF January 19 91 SSCS-3000 Town Attome~ MATTHEW G. KIERNAN Assistant Town Attorney ~ ~a, ~-? ~ ,,~ isor Town Hall, $3095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD August 14, 1990 REGISTERED MAIL RETURN RECEIPT REQUESTED Bidwell Wineries 18910 County Road 48 Cutchogue, NY 11935 Attention: Dianne Kozakiewicz Re: Matter of Bidwell Wineries AppI. No. 39~,5 Dear Ms. Kozakiewicz: As you are aware, by its Decision rendered May 30, 1990, the Southold Town Zoning Board of Appeals granted a temporary permit in connection with the above-referenced matter permitting the erection of a tent at Bidwell Wineries subject to a number conditions. Among the conditions, at paragraph six (6) of the Board's decision, is that the variance "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." This will serve to notify you that the Southold Town Board of Appeals has been advised by the Southold Town Planning Board that you have not vigorously and continuously pursued site plan approval for your winery. In fact, despite the passage of six (6) work sessions and three (3) public meetings since the issuance of the temporary permit, the Planning Board has not received any communication from you at all. Bidwell Wineries August lq. 1990 Page 2 In light of the foregoing, it can only be concluded that you have violated the condition of this permit. Consequently, this temporary permit is now null and void. Kindly make whatever arrangements are necessary to insure that your tent is dismantled and removed by 5:00 P,M, on August 21. 1990, Should you have any questions, or would like to discuss this matter further, please do not hesitate to contact me. MGK:mls CC: Assistant Town Attorney Gerard P. Goehrlnger ~ Chairman. Zoning Board of Appeals Bennett Orlowski. Jr. Chairman. Planning Board Victor Lessard Principal Building Inspector 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 INTER-OFFICE MEMO TO: Matthew G. Kiernan, Assistant Town Attorney FROM: Gerard P. Goehrigner, Chairman ~j Zoning Board of Appeals DATE: August 1, 1990 RE: Appl. No. 3945 - Bidwell Wineries This is in response your memo of July 30, 1990 regarding the above captioned Appeal. Attached was a memorandum from Mr. Orlowski dated July 26, 1990 stating that the applicant has not vigorously and continuously pursued the Site Plan Approval required from the Southold Town Planning Board for the subject winery. Any action that you suggest at this time, is or would construed to be an appropriate action based upon the temporary permit. If you require any further information please do not hesitate to contact this office. ZBA/df HARVEY A. ARNOFF Town Attomey MATrHEW G. KIERNAN Assistant Town Attorney OFFICE Supervisor ~ownHall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE TO: FROM: DATE: RE: Gerard P. Goehringer, Chairman ~ Zoning Board of Appeals Matthew G. Kiernan, Assistant Town Attorn July 30, 1990 Matter of Bidwell Wineries Application No. 3945 Annexed hereto please find a memorandum from Mr. Orlowskl dated July 26, 1990 and a copy of the Board of Appeal's decision rendered on May 30, 1990 regarding the above-referenced matter. As you may recall, the decision granted the applicant a variance to erect a temporary tent conditioned on, inter alla, the applicant "vigorously and continuously" pursuing site plan approval for the subject winery. After reviewing Mr. Orlowski's annexed memorandum, it would be reasonable to conclude that the applicant has violated this condition and has thereby jeopardized its permit. Please discuss this matter with the other members of your Board as soon as possible and advise me as to whether they concur with the foregoing. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: DATE: RE: Matthew Kiernan, Assistant Town Attorney Bennett Orlowski, Jr. Chairman~.~'/~~ July 26, 1990 Proposed site plan for Bidwell Vineyard SCTM#1000-96-4-4 The Board of Appeals issued a variance for permission to set up a temporary tent for cultural events on May 30, 1990. The variance was expressly contingent on the applicant's representation that he would vigorously and continuously pursue site plan approval from the Southold Town Planning Board for the subject winery. A meeting was held with the applicant in early June at which time the applicant indicated new site plans would be submitted containing all changes requested in the Boards letter to Bidwell of May 23, 1990. The Planning Board has held five work sessions and two public meetings since the variance was granted on May 30, 1990. To date the Board has not received any site plan material and has not been contacted by Bidwell Vineyard as to when the revised plans will be submitted. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK (~, HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 ARTHUR H. KUNZ June 14, 1990 Town of Southold Zoning Board of Appeals Applicant: Bidwell Wineries Mun. File No.: #3945 S.C.P.D. File No.: SD-90-17 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that premises will be encumbered by appropriate use, operational and developmental restrictions, particularly as setforth by the ZBA. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VET£RAN$ MEMORIAL HIGHWAY HAUPPAUGE. L-L, NEW YORK 117B8 (516) 360'5192 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 SOU~OLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765~1823 Telephone (516) 765-1800 June 7, 1990 Mr. Kerry Bidwell County Road #48 Cutchogue, NY 11935 Re: Appl. No. 3945 - BIDWELL VINEYARDS (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 CHAIRMAlq By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' County Planning Office 1 2 3 4 § 6 ? 9 10 ~2 ~3 16 17 18 19 2O 21 22 23 24 25 TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK TOWN OF SOUTHOLD : ZONING BOARD OF APPEALS HEARING : Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 May 15, 1990 7:37 P.M. BEFORE : GERARD P. GOEHRINGER, Chairman. BOARD MEMBERS: CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Doreen! ~erwerda, Secretary to Board 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 for that is because coming ... heading east there is a lot of trees on the property and a double-faced sign 25 feet in would be blocked off by the trees. So we would like to wrench it off facing oncoming traffic. THE CHAIRMAN: okay. Thank you very much. Anybody else that would like to speak in favor of this application? Anybody that would like to speak against the application? Any questions from the Board members? Hearing no further questions, I make a motion closing the hearing and reserving decision until later. MR. GRIGONIS: Second. THE CHAIRMAN: All in favor? MR. GRIGONIS: Aye. MR. DOYEN: Aye. MR. SAWICKI: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: The next appeal Bidwell Wineries, Appeal Number 3945. legal notice reads as follows: Variance to is The the Zoning Ordinance, ¢ ( £ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Article III, Section to set up a temporary tent events. Proposed tent doesn't condition in A-C Zone District. 35 100-30, for permission for cultural address this Property 18910 County #48, Cutchogue, Section 096, Location: County Tax Map Number 1000, Block 04, Lot 4.3. I have a copy of a portion of the property in question adjacent to the L- shaped building. The "L" extends towards County Road 48. There is a masonry-type of building. The proposed location of the tent, which used to be 20 by 40, is approximately 20 feet from that building extended towards the west, and the tent appears to be 40 feet ... I can't read the other dimension ... approximately, in this case, proposal is 150 feet from County Road 48. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody that would like to be heard in behalf of the application? MR. KERRY BIDWELL: My tent is 20 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 by 40. your 36 THE CHAIRMAN: Well, you want to give reason for requesting a tent? MS. KOZAKIEWICZ: Diane Kozakiewicz. Well, I think you will see I submitted to the Board that because we do not have the indoor facilities to hold such cultural events, we are requesting to erect a temporary 20 by 40 tent on the Bidwell grounds for the short period of time. THE CHAIRMAN: What kind of cultural events are you requesting? MS. KOZAKIEWICZ: For example, Carol Palay (phonetic spelling), a Long Island artist who is going to show her work. We have Ralph Pugliese (phonetic spelling) showing his artwork, and we may possibly have classical recitals and things of that nature. THE CHAIRMAN: you that question is The reason why I ask that there was a winery in Cutchogue that requested the same type of use, and that was denied. MS. KOZAKIEWICZ: I think we are 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 coming before you because we would like to have not the events, but I believe the purpose of this is to define in the variance or at least have the law interpreted about the structure. I did speak with Scott Harris and Mat Kieran (phonetic spelling), and that as long as the events were conducted in such a manner that they were not ... we would be donating it to a charitable organization, it would be allowed. THE CHAIRMAN: So this tent is to be used for non-profit? MS. KOZAKIEWICZ: Yes. We are not making a profit now. We are trying to enhance the Long Island wine industry by bringing it to some extent to us on the North Road, and because we don't have the indoor facilities we have no choice but to put up some sort of temporary structure such as a tent. I went to get a special permit from the Town Clerk, who referred me to the Building Department, who then denied it and 2 3 4 5 6 7 8 9 10 1'~ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 and We had me go to the Zoning Board of Appeals I filled out such variance application. are here now. THE CHAIRMAN: Why were you denied by the Town Clerk? MS. KOZAKIEWICZ: Because in the section it says that this is not permitted for the zone in which our vineyard is located and the procedure ... it just pretty much says that it would be ... it will require a variance from the Zoning Board of Appeals. I think we are pioneers with this. Would you like to see a copy? THE CHAIRMAN: rhetorical question. How can we grant zoning laws? MS. KOZAKIEWICZ: Let me ask a How can we grant this? this and not violate our Well, from what understand, I think it has to be defined the zoning; is this a permanent structure? I believe a temporary structure is allowed. This half same period of I is temporary. It can be dismantled in an hour and erected in exactly that time. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CHAIRMAN: the structure itself. in the nice weather, like California where you had 347 days 39 My question is not to If you were doing it and the weather was of sunshine, okay. Your best bet would be to have a nice day, than if you had rain on the day that you wanted to hold the event, conceivably. Our weather is much different than that. It is not necessarily the nature of placing the temporary structure there. It is a specific use of the temporary structure that is my concern. Rather than give you a proforma denial, and I am not an attorney, when do you need the structure by? MS. KOZAKIEWICZ: We would like to have the structure for the beginning of June. THE CHAIRMAN: Well, it might be something that we might have to discuss with the legislative committee, should discuss here if we hearing or recess it to date. but ! think we should close this the next scheduled 1 3 4 5 6 7 8 9 10 11 12 t3 14 15 16 17 18 19 20 21 22 23 24 25 40 MS. KOZAKIEWICZ: Can I address that? It is very, very temporary, where it can be taken down within half an hour and if in bad weather we wouldn't even use it. THE CHAIRMAN: You must understand it is not the nature of the structure. I have no objection to the buildinG. It is not the nature of this Board to deal with appli- cations for individual events, which you had requested for basically. That comes from the Town Clerk's Office for the one day events. You are requesting a use, which is somewhat tantamount to an agricultural piece of property, and that is what basically my concern is at this particular point. That is basically where I MR. BIDWELL: decision in terms of am. I am not clear on that use. In other words, if we were to put up this temporary structure for certain specific uses, it may be permissible; whereas for other uses it may not be permissible. THE CHAIRMAN: Kerry, tell me you were using if you were to this tent for the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 41 sole purpose of entertainment for the persons or people that want to buy your wine, and you were telling me you were doing a display of your wine inside this tent and this was used primarily for that reason, there would be a temporary permit, so-to- speak, granted by this Board for three months, two months, one month of time. what you are requesting is something over and above the specific use permit within that winery district, which is AC Agricultural District. MR. BIDWELL: That is we have in mind for the tent. You said it much better than I what we THE CHAIRMAN: intend to do with it? MS. KOZAKIEWICZ: THE CHAIRMAN: outside persons in? precisely what Precisely. could myself, have in mind for the tent. That is what you Yes. what about bringing I mean, such as people who are artists and displaying their work. Is that a secondary use to this particular project? ¢ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 42 MR. BIDWELL: That is intended to entertain visitors at the winery. THE CHAIRMAN: What about the music end of it, so-to-speak, regardless? I don't mean to be trite about the way you presented it. MS. KOZAKIEWICZ: Once again, for entertainment. THE CHAIRMAN: Strictly entertain- ment? MR. BIDWELL: There would be no charge to winery visitors for that entertainment. It would be an enhancement to visitors. THE CHAIRMAN: In that particular case, I think we could have dealt with it before, but I am just trying to get ... to the best of my knowledge ... what exactly you want to do. Would there be storm flaps on this tent so as to make it a full enclosure? MS. KOZAKIEWICZ: There can be, yes. THE CHAIRMAN: The sanitary facilities would be housed within the ¢ ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 existing building? MR. BIDWELL: THE CHAIRMAN: mate period of time requesting the use of this? MS. KOZAKIEWICZ: June September 1st. THE CHAIRMAN: period? MS. KOZAKIEWICZ: Yes. 43 That is correct. What is the approxi- that you would be 1st to Strictly for a 90-day THE CHAIRMAN: What about flooring in the tent? Would there be a wood floor? Would there be an earthen floor? MR. BIDWELL: If there wouldn't be an objection from you fellows, I would prefer to put a wooden floor in the tent. If that would make it too permanent, it can be an earthen floor. I think it can get messy. THE CHAIRMAN: The reason why we ask these questions basically, is we must reduce this particular application to writing. So therefore, it makes it easier for us to know all the factors that are involved within this particular application, so-to-speak. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 44 We will So we thank you very much. see what we can do. MR. BIDWELL: Thank you. THE CHAIRMAN: Is there anybody else that would like to speak in favor of this application? Anybody else that would like to speak against the application? Any questions from the Board members? MR. DINIZIO: I have a question. What about the parking? I am concerned about it being too much, too many cars there. And is there anything allowed in your site plan? MR. BIDWELL: We have our site plan. It is currently with the Building Department. MS. KOZAKIEWICZ: our site plan here. THE CHAIRMAN: it? on it. MR. BIDWELL: THE CHAIRMAN: have a copy of Great. Could we see It has parking outlined This is the site plan, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45, a proof that we are subjecting you to, so-to-speak, before we grant it. MR. BIDWELL: THE CHAIRMAN: you before but Mr. many, many times. site plan. That is right. We have not met with Bidwell has been here So that basically is the Now are you going to bluestone this? MR. BIDWELL: THE CHAIRMAN: That is the plan. This will be done in current with this project. MR. BIDWELL: I prefer to do as little as possible. In the meantime, this ... of. course this site plan, as I was recommended by the people down here, is for the future construction of the winery. So if you folks were to say in order to accommodate this new temporary structure you need to include this part of the parking, go ahead and do that. I have plans to enhance my parking along this line this year. wasn't going to go quite this far, but if I have to, I will. THE CHAIRMAN: What does the Planning 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Board say about MR. BIDWELL: that, either way. THE CHAIRMAN: under advisement. MR. DINIZIO: this tent hold? MR. MS. 46 this, at this point? So far I haven't heard Well, I'll take that How many people does BIDWELL: A 20 by 40 tent ... KOZAKIEWICZ: Ten feet of space to each person; it can hold up to 300 people. MR. DINIZIO: You can see my concern, and assuming this is the same type that was there Monday ... MR. BIDWELL: That was a rented tent. That was the same size. MR. DINIZIO: You wouldn't have any objection to putting in parking? MR. BIDWELL: will do it. MR. DINIZIO: THE CHAIRMAN: copies can we keep? MS. If we need to do it, we That's all ! have. Which one of these KOZAKIEWICZ: I have given nine 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 to the Planning Board, one more you can keep. MR. BIDWELL: two. much. THE CHAIRMAN: speak but I 47 think we have If you need two, keep Thank you so very Is there anybody that would like to in favor of this application? Against the application? Hearing no further comments, I make a motion closing this hearing and reserving decision until later. MR. DINIZIO: Second. THE CHAIRMAN: All in favor? MR. GRIGONIS: Aye. MR. DOYEN: Aye. MR. SAWICKI: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: The next appeal is in behalf of Vincent Annabel. reads as follows: Appeal Number 3929, The legal notice Vincent Annabel. Special Exception to the Zoning Ordinance, Article III, Section 100-31, for permission 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 MR. DOYEN: Aye. MR. GRIGONIS: Aye. MR. SAWICKI: Aye. MR. DINIZIO: Aye. (Time noted: 9:27 p.m.) 9O an Official constitutes official stenographic I, GAIL ROSCHEN, do hereby certify that I am Court Reporter and that the foregoing a true and accurate transcript according to my notes. ~NIL ROSC'HEN Official Court Reporter 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 Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 MEMORANDUM: TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski, ,Jr., Chairman DATE: May 23, 1990 SUBJECT: Proposed temporary te~t for cultural events for Bidwell Wineries '- ~ SCTM# 1000-96-4-4.3 Zoning Board Appl. No. 3945 The following is in response to th~ Zoning Board of Appeals request for Planning Board comments on the above referenced variance application. 'i The Planning Board is not in favor ~f this site being used for cultural events for the promotion oflbusiness purposes. The site should be used for the purposes intended by the Zoning Code, namely the production and r~tail sale of wine. In addition, it should be noted that.~he! Planning Board does not have a valid site plan for any of the buildings on the site. / '~ cc: Victor Lessard, Principal Building Inspector '~EGA~ NOTICES FOR May t /qo Sent out on or about -~ 1990 1990 Meeting George Schneider #3939 - George Schneider, P.O. Bdx 1185, Cutch6gue NY 11935 Nor Aliano Henry Raynor, P. '0. Nancy Sawastynowicz, Karen j. Hage, Deborah Dory, Peter Helinski for Harold Taubin #3940-1570 Pequas~h Ave., Cutchogue Vincent Annabel, 4300 Stillwater AVe., Cutchogue ]~.929SE Ms. Pamela Valentine, 249 West 49th St., New York,NY 10001 for ~3933 Richard H. S~haefer, Inc., 117 West Bayberry Rd., Islip, NY 11751 for Mone ~393~ Joseph Berardino, 37 Avery Rd., Woodbury,NY 11797 for JCM SAles & Leasin9 ~935 Joseph Shipman, 985 Elijahs Lane, Mattituck for ~3931_ Environment East, 3075 Indian Neck Lane, Peconic,NY 11958 for Stern ~3934 Thomas T. McVann, Jr,Esq., P.O. Box 827, Westhampton Beach,NY 11978 for Lohn ~3937 Charles Cuddy, Esq., 180 Old Country Rd., Riverhead,NY 11901 for Village ~~ ~_ ~arine ~3938 ~homas McCarthy, Pudge Corp., P.O. Box 1145, Southold,NY 11971 for ~cas'i~3802~ Land Use Co., 2576 Sound Ave., Baiting Hollow,NY 11933 ~.or~~39{1 Henry Raynor, P.O. Drawer A., Jamesport,NY 11947 for Cre~3942.,~ Paul Caminiti, Esq., P.O. Box 992, Southold, NY 11971 for Greg's Sea Food ~3943 James V. Righter, 58 Winter St., Boston, MA 02108 fo~ Rafferty ~3911 (Pequash Commons) #3907 Drawer A., Jamesport, NY 11947 ~ 1100 Alvhs Lane, Cutchogue,NY 11935 Esq., Wickham,Wickham, Gressler, 0.0. Box 1424, Mattituck 1194~ Esq., P.O. Box 1181, Cutchogue,NY 11935 · 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 May S.E.9.R.A. TYPE II ACTION DECLARATION 1990 SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Teiephone (516) 765-1800 Appeal No. 3945 Project/Applicants: County Tax Map No. Location of Project: Bidwell Vineyards 1000-96-4-4.3 18910 CR 48, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to set .up temporary tent for cultural events 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 Seotion 617.2jj, this Department is -excluded as an involved agency. This determination shall not, however, affect any other agency,s interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at {516) 765-1809. mc 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 May 9, 1990 TO WHOM IT MAY CONCERN: The Board of Appeals Regular Meeting will be held on TUESDAY, MAY 15, 1990 not as shown on the Legal Notice - Thursday, May 15, 1990. Very truly yours, Gerard P. Goehrigner, Chairman ZBA/df 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, MAY 15, 1990, at the following times: 7:30 p.m. Appl. No. 3940-- HAROLD AND SARA TAU- BIN. Variance to the Zoning Ordinance, Article III A, Sec- . tion 100-30A.4 (100-33) for per- mission to construct an acces- aory building in frontyard area. Accessory buildings may be ~ in the required rear yal~l. *~Property Location 625 Terry Lane, Southold, County Tax Map No. 1000, Section 65, Block 1, Lot 23. 7:35 p.m. AppL No. 3937-- PATRICK LOHN. Variance to the Zoning Ordinance, Article XXI.II, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulk- head. Property Location: 2480 Minnehana Boulevard, Southold, County Tax Map No. 1000, Section 87, Block 3, LOt 57. 7:40 p.m. Appl. No. 3935-- JCM SALES AND LEASING. Variance to the Zoning Ordi- nance, Article XXIII, Section 239.4, for permission to con- struct an accessory deck, pro- posed construction will be less than 100 ft. from the top of the bluff. Property Location: 62825 North Road, Greenport, Coun- ty Tax Map No. 1000, Section 40 Block 01, Lot ILl. 7:45 p.m. Appl. No. 3934--- JOYLON STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 A(I), for permission to construct ad- dition to one family dwelling. Proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 63035 County Road 48, Green- port, County Tax Map 1000, Section 40, Block 01, Lot 13. 7:50 p.m. Appl. No. 3933-- PAMELA VALENTINE. Vari- ance to the Zoning Ordinance, Article XXII1, Section 100-231A, for permission to construct an 8 ft. fence in front yard area. Fence in the front yard area not to exceed 4 ft. in height. Property Location: 34655 Main Road, Orient, County 'Pax Map No. 1000, Sec- tion 019, Block 01; Lot 5 & 6. 7:55 p.m. Appl. No. 3936-- LUCAS FORD. S~ecial ExceD~ tiGht[he Zoning Ordinance, Article III, Section 100-31 C.9 (E), for permission to install an off-premises sign. Property Location: 43600 County Road g48, Southold, County Tax Map No. 1000, Section 063, Block 01, Lot 1.6. 8:00 p.m. Appl. No. 3943-- GREG'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordi- nance, Article Ill A, Section 100-30 A.2 C(I) (I00-31C), for permission to construct an off- premises sign. Off-premises signs are not a permitted use in ~his district. Property Location: 69435 Rx~ute 48 & 55 Sound Road, G~enport, County Map No. 1000, Section 35, p, Lot 8: ' :,' .m. Appl. No. 3945-- LL WINERIES. Vari- the Zoning Ordinanc% Article III, Section 100-30, foF' permission to set up a tem- porary tent for cultural events. Proposed tent doesn't address this condition in A-C Zone Dis- trict. Property Location: 18910 County Road #48, Cutchogue, County Tax Map No. 1000, Sec- 1 tion 096, Block 04, Lot 4.3.~ '"'~10 p.m. Appl. No. 3929-- VINCENT ANNABEL. Special Exception to the Zoning Ordi- nance, Article III, Sect on 100-31, for permission to have I an accessory apartment. Pr6per- ty Location: 4300 Stillwater Ave- hUe, Cutchogue, County Tax Map No. 1000, Section 137, Block 2, Lot 21. 8:15 p.m. Appl. No. 3932-- MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Sec- tion 100-239.4 A, for permission to construct a swimming pool. Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, Coun- ty Tax Map No. 1000, Section 014, Block 02, Lot 3.5. 8:20 p.m. Appl. No. 3939-- GEORGE SCHNEIDER. Vari- ance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and l Parking Regulations and insuf- ficient sideyard setback. Proper- ty Location: 800 Sterling Road, Cutchogue, County Tax Map! No. 1000, Section 104, Block 01, LOt 29. 8:00 p.m. Appl. No. 3943-2-~ GREG'S SEAFOOD DOCK & MARKETING, INC. Special. Exception to the Zoning Ordi- nance, Article I11 A, Section, 100-30 A.2 C(I) (100-31C), for permission to construct an premtses sign. Off-premiae'~~ signs are not a perrli~d use in this district. Prope~_fcation: 69435 Route 48 & 75 Sound Road, Greenport, County Tax Map No. 1000, Section 35, Block I, LOt 8. 8:05 p.m. AppL No. 3945-- BIDWELL WINERIES. Vari- ance to the Zoning Ordinance, Article III, Section 100-30, for permission to set up a tem- porary tent for cultural events. Proposed tent doesn't address this condiffon in A-C Zone Dis- trict. Property Location: 18910 County Road #48, Cutchogue, County Tax Map No. I000, Sec- tion 096, Block 04, Lot 4.3. ' Main Road, Laurel, County Map No. 1000, Section 125, Block 01, Lot 19.7. 8:35 p.m. AppL No. 3942-- DAVID & MARY ANN CREATO. Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-31 (A) 1, for permission to have a second dwelling, only (1) family dwelling permitted on each lot. Property Location: 3539 (ROW) Cox Neck Road, Mattituck, County Tax Map No. 1000, Section 106, Block 08, Lot 51. 8:40 p.m. Appl. No. 3941--,- CONSTANTINE GEORGIPOULOS. Variance 8:10 p.m. Appl. No. 3929-- the Zoning Ordinance, Article VINCENT ANNABEL. Special I IliA, Section 100-30A.3, for Exception to the Zoning Ordi, / permission to construct a nance,~'Article II1, Section .~ familydw¢lling, proposedco/~' 100-31, for permission to have I struction will have insufficient, an accessory apm'tment. Proper- ] front yard setback. Property ..kv.Loa~afioa;&~0OStillwat~r~,.~..~k Location: .1300 Lake Drive, nue, Cutchogue, County Tax Map No. 1000, Section 137,' Block 2, Lot 21. 8:15 p.m. Appl. No. 3932-- MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Sec- tion 100-239.4 A, for permission to construct a swimming pool. Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, Coun- ty Tax Map No. 1000, Section 014, Block 02, Lot 3.5. 8:20 p.m. Appl. No. 3939-- GEORGE SCHNEIDER. Vari- ance to the Zoning Ordinance, Article Ill, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insuf- ficient sideyard setback. Proper- ty Location: 800 Ster ng Road, Cutchogue, County Tax Mapa~' No. 1000, Section 104, Block 01 Lot 29. In 8:25 p.m. Appl. No. 3932-- ROBERT GREDICK. Var ance to the Zoning Ordinance, Arti- cle IliA, Section 100-30A.3, Ar- ticle IliA, Section 100-30A.4 (100-33), for permission to con~ strvct addition to dwelling 'and accessory garage in front yard~ area. Proposed construction will have insufficient front yard set- back and accessory buildings may be located in the required rear yard. Property Location: 7825 Nassau Point Road & Clearwater Lane, Cutchogue, County Tax Map No. 1000, Sec- tion 118, Block 04, Lot 06. 8:30 p.m. Appl. No. 3931~ JOSEPH SHIPMAN. Variance to the Zoning Ordinance, Arti- cle X, Section 100-102, for permission to institute a second business, Bulk, Area and Park- lng Requirements. Property con- tains less than required business Southold, County ~ Map No. 1000, Section 59, Block 1, Lot 21.6 & 21.7. . 8:45 p.m. Appl. No. 3911-~- WALTER RAFFERTY. Variance to the Zoning dmance, Amcle XXIV'~, Sectio~l° 241A, (Article XXVII, Section 100-281 (3), as disapproved, for permission to construct addi- tions and alterations to garage with apartment. Garage living quarters has been dormant long enough to lose its non- conforming status and the us~ thereof. Property Location: East End Road, Fishers Island, County 'Pax Map No. 1000, Sec- tion 03, Block 07, Lot 05. 8:50 p.m. AppL No. 3938--. VILLAGE MARINE. Variance to the Zoning Ordinance, Art~: cie XII, Section 100-112, Articr'e XII, Section 100-111(c)l, Article' XXIII, Section 239.4, for per: mission to enlarge p~existi~ marina building and install bo~l~ rack (outside). Property Loca~ tion: 175 Bay Avenue, Matti- tuck, County 'Pax Map NO. 1000, Section 122, Block 03, LOt 15.1. '~' The Board of Appeals will 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 aliot~ ted. Additional time for your presantation will be available,.if needed. For more information, please call 765-1809. Dated: May 8, 1990 . '.. ' ~ BY ORDER OF : THE SOUTHOLD TOWN ;i,; ~ BOARD OF APPEALS GERARD P. C.K)EHRINGERL{~[ t ,. , - CHA1RMAtt.Z . by Dore~n Ferwerd~~''' ~ ~'~.'~ ~,.;:IX. 5/10/90 f301 ~dOrlCE OF HF~ARINGS NOT/CE IS HEREBy GIVEN, pursuant to Section 267 of the Town Law"~"d'?J~*Cade of the Town of Sonthold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the ~outhold Town Hall, Main Road, Southold NY 11971~ on TUESDAy, MAI 15, E~O, at the following times: 7:30 p.m. AppL No. 3940 -- HAROLD AND SARA .Variance to the Zoning Ordinance Article Ill A, Section 100-30A.~ (100-33.. for peonisalon to canstruct an accesso~ building in frontyard ~or~. A. cces,o~, buildings may be catea in the ~-qulred rear yard. PrOperty Location 625 Teny Lane --, °~cuon o3, Block i LOt .~ .JO p.m. App?. No. 3937 _ Zoning Ordinaoce,.Articin XXIII, Section 100-23~4 B, for pun'nission to construct a deck. Proposed con- s~mcti~ will be less than 75 fi. fram the bulkhead. Property Location: 2480 Minnehaha Boulevard, Southuld, County Tax Map No. ! · 1000, Section 87, Block 3, Let 57. 7:40 p.m. Appl. No. 3935 --~ JCM SALES AND LEASING, Vari- race to the Zoning Ordinan~ Anl- cie XX~I, Section 239.4, for per-. mission to construct an accessory deck, p~posed construction will h less than 100 f~ from the tcp of the bluff. Property Location: 62825 No~h Road, Grce~pun, Ceunty Tax Map No. 1000, Section 40, Block 01, LOt 11.1. 7:45 p.m. Appl. No. 3934 ~ JOYLON STERN. Variance to the Zoning Ordinance, Article XXDI, Section 100-239.4 A(I), for per- family dwelling. Proposed con- from the top of the bin~f. Property ~Location: 63035 Cgunty Road 48, J ~reenport, County'Tax Map No 10CO, ,~'.ction 40, Bleck 01, Lot 13. 7:50 p.m. AppL No. 3933 -- PAMELA VALENTINE. Variance to the Zoning Ordinance, Article .X~., Secti~ 100-231 A, for per- front yard area. Fence in the front Main Road, O~nt, County Tax Map No. 1000, Section 019, Block 01, L~S&6. LUCAS FORD. Special Exception to th~ Zonin8 Ordinance, Anlcle I~, $cc~on 100-31 C.9 (E), for Fermis- Road #45, Southold, County Tax 8:00 p.m. Appl. No. 3943 GREG'S SEAFOOD DOCK & MARKETING, INC, Spec~ Excep- tion to the Zoning Ordinance, Arti- cle m A~liol~00-30 A.2 C(I) (100-31C), for permission to con- ~truct an off-premises ~ign. Off- premises signs am n~ a permitted use in this di~rict. Property Loca- tion: 69435 Route 48 & 55 Sound Road, G~enpert, County Tax Map No. 1000, Section 35, Block 1, Lot ~:05 p.m. AppL ~o. 3945 BIDWELL WINERIES. Variance to the Zoning Ordinance Section 100.30, for pennission to set up a temporary ~ent for cultural events. Proposed tent doesn't ad- dress this condition in A-C Zone c~CL Property Location: 18910 ty #48, Cutchogue, County Tax VINCENT ANNABEL. Special Ex- cepilon to the A~i.c]e IT~, Sec~c~ 100-31, for water Avenue, Cutchogue, County Tax Map No. 1000, Section 137,~ Block 2, Lot 21. 8:15 p.m. Appl. No. 3932 MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Section 100-239,4 A, for permission to con- street a swimming pool. Proposed tien: 2930 Gmndvie"w Drive, Orient, County Tax ~ap I'~o. 1000. Section 014, Block 02, Lo~ 3.5. 8:20 p.m. Appl. No. 39~9 -- GEORGE SCHNEIDER. Variance Section 100-3~, for pe~'ffliSSlon to construct a one family dweilln~ ulk. Ar~a and Parking Regulatiefls j and insufficient sideyard setback. Property Location: 800 Sterling/ Rcdd, Cmchogue, County Tax No. 1000, Section 104. Block 01,~ l~x 29. · 8:25 p.m. AppL No. 39~2 -- ROBERT GREDICK. Variance t, the Zoning Ordinance, Aflicle Section 100-30A.3, Art cie Ilia Sect!o~ 100-30A.4 (100-33), fo dwelling and accessory garage ir fm~t yard area. Proposed c.a~stme. lion will have insufficimt fret ya~ setback and accessov/buildings ma be located in the required mr yar~ Property Location: 7825 Nassa~ Point Road & Clearwater L~ne Cutchogue, County Tax Map No 1000, Sect~n 118, Block 04, LOt 06 8:30 p.m. AppL No. 3931 -- JOSEPH SHIPMAn. Variance to the Zoning Ordinance, Article X, Sec. tion 100-102, for permission to in. s~tulc a second business, Bulk, Ama and Parking Re. quircments. Property, contains less than required businessi t, ca. Pr~eny Location: 6619 Road, Laurel, County Tax Map No. 1000, Section 125, Block 01, Lot 19,7. 8:35 p.m. Appl. No. 3942 DAVID & MARy ANN CREATO. ~.~to~th~ ~oning Ord~nce pe~ission to have a s'eco dw~g, ~y (1) f~ dw~ cation: ~539 (ROW) R~d, Mattituck. 8:40 p.m. Appl. No. Tax Map NO. 10~, Section W~5 p,m, Appl. No 3911 Section 241A, (Article stmct additi~s lad alte~fi~f to. garage wi~ a~enc ~ ·" L~at~on: Bast ~d R~d, Pi~be~ Section 239.4, for ~isei~ ~"~ti~t'=n: 175 Bay Aven;~, n~ s~n ~x~.~a~ haa~g ~ available, ff BYO~oF APPEALS BOARD MEMRERS GERARD P, GOEHRINOER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.,'N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free tQ call our office prior to the hearing date if you have questions or wish to update your file. Yours very GERA~D p. GOEHRINGER CHAIRMAN dff APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen, Jr. .ioseph H. Sawicki James Dinizio, .Ir. 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 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 ~ - 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. 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 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 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAl NO. ~.~C~,~ ~ DATE 3 / 1.6/~90 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, (We) ......... ................ of ..... ................................................... Name of Appellant Street and Number ............ ~.g..t..c;.h.o..g.~l.~ .............................................................. .N..~..e.....Y..g..r..k. ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR. ON APPLICATION FOR PERMIT NO ......... .n./.~ ..................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Bidwel 1 Vineyards Name of Applicant for permit of Route 48 Cutchogue New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 18910 Count~. 48 Cutchogue . .................... District 1000 Section 096Block04 Lot4.3 ~ _ Robert E Bidwell ................................................................................. ~urrenc Owner · Mop No. Lot No. Prior Owner 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 100-30 3./ TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (¢) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to Jack of access (State of New .York Town Law Chap. 62 Cons. Lows Art. ]6 Sec. 280A Subsection 3 () ( ) 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No....3...7..3...2.......s..e. ........... Dated .......... .8..,/..8..9.. .................................................. 3882 se 12/89 REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form (Continue on other side) REASON FOR APPEAL Continu~l 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because To protect cultural exibits from weather and to keep such events restricted tothat designated area. 2. The hardship created is UNIQUE and is not shared by all properties alike in the vicinity of this property and in this use district because immediate Temporary Tent 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE' CHARACTER OF THE DISTRICT because This temporary structure is for the use of cultural events. STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn to this .......................... /. .................. day of ........ ..~....~ ................................... 19 ~ Notary Public Ne. 4]~787L ~ I~..1~,/ 617 Appendix C Slate Environmental Quality Review SHORT EN.VIRONMENTAL ASSESSMENT FOR~I For UNLISTED ACTIONs Only P,IA.RT t--PROJECT INFOR~'.'~ATION (To be com~leted by A~Hcant or Pro~ect s~On~or) Robert ~. B~dwel 1 Z. PROjecT NAME ~-~o~crko~a,: ~ Bidwell V'ineyards u..~:~:~.~ t c h o c S u f f o 1 k south side of Rou'te 48, West Df. Depot Lane, Hamlet of ~utchogue. SEQR Temporary Tent ~,m~,~ 2o' feet 20 40'feet ~ No,for the fact that it is not required use (Residential Agricultural) r-1 Park/Forest:Open space ~'T 10. DCES ACTIC.'~ I/'IVOLVE A PERMIT AP--'PROVAL, O11 FUNOI~'~G. NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL I CERTIFy THAT THE INFORMATION PROVIO ED AUOVE IS T~UE TO THE BEST OF MY KNOWLEDGE ,~, Dianx~e Kozakiewicz(Bidwell Vineyards) ac:ion is ;n the Coos:al Area. and you are a stat [_ Coa"-:al ASsessment Form bolero proceeding withe agency, complete Ihe -- this assessment OVER 1 (Continued on re:/erse side) (a~--~/~'~rder ~o answer the questions in thi~short that the Preparer will use currently available informa~on ¢Oncern~na ~he proje¢= is not significant. 8. Will proj~c= have a major effect on Visual char- ~ lO. Wil[ project have a m~]or effect on existinq or Z~/'S'~//~'~ Oace:~~ QUESTIONNAIRE TO BE COMPLETED AND SUB.~lITTED ~TIt YOUR APPLICATION FO~-IS TO TIIE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which con=~in 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? Yes ~ ' Yes No 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. No Yes ~ 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 there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit % and Nature: Yes Yes~ Yes ~ 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 Yes Yes Yes Yes Yes 10. 11. 12. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Is new construction proposed in the area of contours at 5 feet or less as exists? 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 ~ 13. Please list present use or operations conducted upon the subject property at this time and proposed Please submit photographs ~or the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my applicat/o~. Signature WETLANDS [Amemled 8-26-7(; by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or hmds lying beneath tidal wnters, which at mean Iow tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs. salt marsh, swamps, meadows, flaL,~ or other Iow lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, bk~ck grass, saltworts, sea lavender, tall eordgrass, high bush. cattails, groundsel, marshmallow and low march cordgrnss; and/or (3) All land immediately adjacent to a tidal wetland aa defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESIIWATER WETI,ANI)S: (1) "Freshwater wetlands" as defined in Article 2,1. Ti- tle 1, § 2,1-0107, Subdivisions l(a) tn l(d) inclusive. of the Environmental Conservation Law of thc State of New York; and (2) All land immediately adjacent to a "freshwater web lan(i," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 )IDWELL March 20, 1990 Members Southold Town Board Town Hall Main Road Southold, NY 11971 Dear Board Members: In conjunction with Suffolk County's promotion of the wine industry, Bidwell Vineyards is pleased to announce a Calendar of Events designed to enhance cultural events and activities, as well as bring additional interest to North Fork wines. Lacking indoor facilities, Bidwell Vineyards hopes to set up a temporary 20' by 40' tent on the Northwest lawn of the Winery. As Bidwell's Winery Sales Manager I have contacted the Town Clerk's office with hopes of gaining special permit approval pursuant to Town Code Article III, section 100-30. Bidwell Vineyards has been advised, however, that such use has not been clearly established by said Town Code. Thus, we come before the Board for an inter- pretation that the use is allowed, or in the alternate, a variance. As our season draws ever so close, Board grant us immediate review of our I respectfully request the application. Respec~u. 11 y submitted, Dianne Kozakqewicz Winery Sales Manager B1DWELL 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 )IDWELL March 2, 1990 Members of the Southold Town Board Town Hall Main Road Southold, NY 11971 Gentlemen: Bidwell Vineyards would li~e to request the approval of the Southold Town Board for a temporary tent to be placed on the Southeast lawn of the Bidwell Winery. The dimensions of the tent are 20' by 40'. The length of time requested for the placement of the tent is approximately four months between the dates of May 24, 1990 to September 23, 1990. The purpose of this tent will be to provide cultural events to the residents of and visitors to Southold Town. Tentative exam- ples of these events are small classical recitals and art shows. Enclosed please find the survey of the Bidwell Winery with the proposed tent location and dimensions. If you need any further information, please contact me at the Winery. The number is 734- 5200. Si ncere/l~/~~, ~' Dianne J~)~z~aki~wicz ~ Coordinator of Special Events BIDWELL VINEYARDS, ROUTE 48, CUTCHOGUE, L.I., NEW YORK 11935 516-734-5200 FAX 516-734-6763 PREMIUM WINES FROM TIdE NORTH FORK OF LONG ISLAND -"STATE OF NEW YORK COUNTY SUFFOLK "TOWN OF SOUTHOLD SWIS - 4Z3889 PARCEL [0 96~. -4-4.2 96.-4-5 96.-4-6 96.-4-8.1 96.-S-1.1 96.-5-1 .~ 96.-5-2 96.-5-4.1 96.-5-5 96.-5-6 96.-5-7 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.-1-11.4 97.-1-11.5 97.-1-11.7 97.-1-12. 1 97.-1-12.2 97.-1 -14 ._ 77.-1-1 s 97.-1-1 6.1 __ 97. -1 -1 6.2 97.-1 -1 7 __ 97.-1-18 97.-1 -1 9 97.-1-20 Y CK R DG C SY C RZ C SS C VA C RJ C aK C SS C SP C T! CUB C UU C VN C Pa C aj c RY c su c NO C PA C PT C QM C SB CRY C TK C PY C Rq C SM CUE C PV C QR C al C RE C ST C TP C Sa C TJ CUE C OF REAL CROSS NAME MATwIEczYK, REFERENCE LISTING PARCEL IDENTiFicATION SEQUENCE 1989 ..... T A X A TOTAL COunTY TWNICITY JOHN S & W ' 4100 ' - 4100 '4100 p R 0-~ E R T'~-"-~ ¥ $ T E M REPORT'NO. RPS)5OP1 PG ' '21~ '" ...... CURRENT DATE - 07106189 RPS3501VO21LO02 B L E .... RES PRP R H ACCOUNT SCHOOL vILLAGE PCT CLS SS C NUMBER 4100 0 210 I 13 SLAVA Jll~TV~a g BIDWELL ROBERT E~ CHUDZINSKI, GENEVIEVE ZUHOSKI, JOSEPH POLLAK, HENRY A CYBULSKI ANDREW & CYBULSKI, THOMAS A BUGDIN, VICTORIA E GROHOSKI,.IRENE 4500 4500 4500 10700 10700 10700 6000 6000 6000 6300 6300 6300 9400- 9400 9400 SOPH 7500 7500 7500 _ 12400 11800 11800 $ A 7500 7500 7500 3800 .... 3018 3018 MC CAFFERY VIRGINIA E 5100 5100 5100 SMITH. EVA M 4700 . 3525 4700 MARTKA. WALTER S" 3700 3700 3700 PUDGE CORP . 1800 1800 1800 KAELIN MARY 4500 3700 3700 ORLOWSKI, PAUL H & WF 7400 ..... 6618 6618 ISAACS, CLIFTON B 5200 4418 4418 SACRED HEART CEMETERY 6000 0 0 OUR LADY OF OSTRABRAMA 56500 0 ' 0 DANK LEONARD D & WF 19100 18100 18100 LEWIS. BURT G. 7800 7800 7800 THOMPSON, ELWOOD ..... 2700 0 0 4500 10700 6000 6300 9400 7500 11800 7500 210 1 120 1 210 1 210 1 484 1 210 1 120 1 425 I 3800 O. _ 210 1 5100 0 210 1 47oo o 2!0.1 3700 0 210 1 1800 0 311 1 4500 0 210 1 7400 0 210 1 5200 0 210 1 .. 0 .. 0 . 695 8 0 0 620 8 18100 0 120 1 7800 0 483 1 2700 0 210 I DIXON, JAMES EST 1800 .... 1800 1800 1800 0 210 i GANBE ASSOC INC SSB .... 6100 6100 6100 6100 O 484 1 HALIKIAS. ROBERT D & W 1800 .... 1800 ~-' i800 1800 0 311 1 VITRIOL BARRY & WF _ 4300 .'>4300_ 4300 4300 0 210 1 RESSIER HAROLD K { ANO 6600 6600 6600 6600 0 129 1 RESSLER HAROLD & ANO 3400 3400 3400 3400 . 0 312 1 9INNS DOROTHY 4500 4500 4500 4500 0 210 1 ROBINSON. DONALD ..... 3400 3400 3400 3400 0 210 1 PUGLIESE RALPH & ORS 16800 ~6800-" 16800 -16800 0 120 RYSKO, STANLEY & WF .... 6100 6100 6100 6100 0 210 1 ORLOWSKI. CHESTER P & 2300 ..... 2300 ' 2300 2300 0 484 1 CASE, HELEN F 2100 2100 .... 2100 2100 0 210 1 STEPNOSKI, WATSiE-G & ...... 4000 .... 4000 4000 ' 4000 0 120 1 TOWN OF SOUTHOLD ..... 1200 0 0 0 0 821 8 LINDNER, GEORGE E & wF 7200 7200' - 7200 ' 7200 ~ 0 ' 210 1 CARTSELOS CHARLES_.& WF ....... !600 ..... !600 .... 1600 1600 0 311 1 BATSON CHERI 6500 6500 6500 6500 ' 0 210 1 TERRY MARION A 4000 4000 4000 4000 0 71n 1 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 13 13 36 13 13 13 13 13 13 13 13 1"( HD ToWN CLERK TOWN OF $OUTIIOLD Suffolk County, Ne'.*' York 516 - 765-1801 ~ OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Bidwel 1 Vineyards to~o the Board of Appeals of the Town of Southold TO: Genevieve Chudzinski 7555 Depot Lane Cutchogue, NY 11935 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. ~ intention of the undersigned to petition the Board of Appeals of the Town of Southold · to request ;~ar,an~/(Special Exception) (Special Permit) (Other) [circle choice[ : ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Suffolk county tax map number 100-96-04-4_3. Al~o knnwn aS__ 18910 county road #48. On the north west lawn of Bidwell Winery. 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That h~ such Pefitioo, the undersigned will request the following relief: Erect temporary tent on the north we~t lawn nf Ridw~ll Wingry S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~grticle I I I Sect/on 100-30 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. {516) ?~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: 3/19/90 Bidwell Vineyards Petitioner Owners'Names: Robert PostOfficeAddress Route 48 Cutchogue, NY 11935 E. Bidwell Tel. No. (516) 734-5200 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 166 071 872 P 166 071 875 RI:CEIPT FOR CERTIFIED MAIL p 166 071 873 RECEIPT FOR cERTIFIED MAiL STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: ,-;r~ ~-..,c.-~'.,t.~"~. ..~,,..v' ./'/~'c~/ , being duly sworn, deposes and says that on the day of ,..-'~..'~;/ Z , 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- .,.,,.-.-'""flee aL'~r~-,. --'~ "~'J~/~ cgistered) mail. Sworn to~,bJfore me this day Notary Public ; that said Notices were mailed to each of said persons by MARY ANN CYBULSKI tlOTARY PUBLIC State of New ¥or~' R~ldmg m Suffolk County No ,52.5895900 (This side does not have to be completed on form transmitted to adjoining property owners.) A N/O/F ~ EDWARD A. ZUHOSKI Jr.. ~ ~_ JOSEPH E~ ZUHOSKI · ~HELIA ZUHO~KI V N/O/F ~WA~e ~ Zu~O~t Jr.,, & ROAD C. ~. .48 45 METAL A' /~ ZP 3~ 3~ KEY MAP PARKING CRITERIA STORAGE 6800 sq. fl./I000 6.8 L. IND. 1800 sq. fl./ 500 3.6 RETAIL SALES 5700 sq. ff./200 28.5 L SCAL ,"= SITE PLAN FOR BID WELL VINEYARDS A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N, Y. 1000 - .96 04 - 4.3 APril 16, 1990 APPLICANT ROBERT BE3WELL NORTH ROAD CUTCHOGUE. N. Y, 11905 PLAN I. SCALE= I"= 20' BUILDING ZONE D~TRIC, T SCHOOL DISTRICT FIRE DISTRICT ~d 4 EMPL 0 YEES PRO VIDE CRITERIA 1637'~ ~q. ft. 23027 sq. ft. 39401 sq. ft. 43 SPACES 12200 sq. ft. 39401x 0.167 x I = 6580 cu. ff. $~80/6B. 4 = 96~ V.F. t2200 x O. 167x (t.3 = 611 cu. ft. 611/68.4 105 V.F./12 = 8.8 38.9 4 42.9 PROVIDED I0 'L.P.S IO"g 12' DEEP CONTOUR LINES ARE REFERENCED TO MAP FIVE EASTERN .TOWNS ELEVATIONS ON PLAN ARE REFERENCED TO N.G.V.D. DRA INA GE L/MI T L/NE = TRAFFIC DIRECTION 4.;~s EXISTING ELEVA T/ON ~ = PROPOSED ELEVATION TDTAL AREA= 14.955 ACRES /4500/~5/~29 sq. ff.= 2~ L01~ COVERAGE standards for title aurvay~ aa eatabllahed ~%~ ~496 b.y the L.I.A,L.S. and approved and adopted ~.l fbr euoh uae by The New York State Land Title Aeeooietion. ~-~ ~ N.Y.S. L/C. NO. PECONIC SURVEYORS. P.C. (sis) ~99 - ~o2o P.O. BOX 909 MAIN ROAD SOUTHOLD, N Y. 11971 TOPO GRAPHIC 4~,M