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HomeMy WebLinkAbout3732 Southold Town Board of Appeals MAIN RDAD- STATE El'lAD 25 SDUTHIDLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARO P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW]CK~ 3732. ---~Appz. No. ROBERT E. Names of Applicant(s): Mr. Robert E. Bidwell TO: 27 Montrose Place Melville, NY 11747 ACTION OF THE BOARD OF APPEALS ACTION OF THE ZONING BOARD OF APPEALS BIDWELL At a Meeting of the Zoning Board of Appeals held on July 14th the above application was considered, and the Action indicate~ 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 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 June 9, 1988 Matter of ROBERT E. BIDWELL 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3 (part of 4.1). 2. The subject premises is presently improved with an agricultural structure presently under construction pursuant to Building Permit 15622Z issued January 12, 1987, and agricultural buildings constructed under Building Permit numbers 13780 issued March 22, 1985, and under 12617Z issued September 17, 1983. Town records shows that no on-site physical inspections of the buildings have been made to date under the N.Y.S. Construction Code by the Town Building Inspectors (since the buildings were apparently permitted only for agricultural storage). 3. By this application, applicant requests a Special Exception to the Zoning Ordinance under Article III, Section 100-30B, Subsection 14 for permission to establish a Winery for the production and retail sales of wine produced from grapes primarily grown on the vineyard on which such winery is located. 4. The premises in question contains a total acreage in excess of 14 acres having a frontage of 679.42 feet along the south side of County Road 48 (Middle Road) in the Hamlet of Cutchogue, Town of Southold. 5. The subject premises is located in the A-Residential and Agricultural Zoning District and is improved with a prin- cipal agricultural barn building containing a total floor area of approximately 4765 sq. ft. An addition made of prefabricated steel is proposed of a size 90 ft. x 54 feet, which would increase the floor area of the building to a total of 9625 sq. ft. 6. The area proposed for retail sales is to be not more than 4819 sq. ft. as marked in "red" on the Proposed Sketch Drawing prepared by 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 occupancie~ ~_~s. permitted hereunder shall exclude the retail~~"t~h~pPlicar~t will be required to submit a separat~application, in complete detail and form, for consideration of same, together with all other areas (wholesale areas, file room, production rooms, storage areas, etc.). Additional information is needed before an approval can be given for the use of retail sales and occupancy by the public for the same. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Special Exception for the Production of Wholesale Storage of, and Wholesale Sales of, Wine Produced from Grapes Primarily Grown on this Parcel, in the Matter of ROBERT E. BIDWELL under Appl. No. 3732, SUBJECT TO: 1. Approval as required under Article III, Section 100-30B(14) and Article XI of the Zoning Code for site plan review by the Planning Board; 2. No occupancy of the buildings by the public for retailing, except in the following manner: a. Issuance of appropriate Building Permits; b. Inspections and Approvals as to compliance and acceptance by the Building Inspector as required under the N.Y.S. Construction Code, etc., and the same is ready for issuance of a Certificate of Occupancy for all uses as applied (before issuance of a C.O.); c. Application for a Special Exception and appropriate papers in complete form depicting the retail sales, wholesale sales, wholesale storage, bathrooms, file and office room(s), production rooms, and all other activities to be conducted on the premises and within the building(s) to be filed and considered by the Board of Appeals, and further on-site inspections. 3. On Board's own motion, this matter may be reopened for a rehearing and reconsideration if the above conditions are not complied with. Vote of the Board: Douglass and Sawicki. tion was duly adopted. Ayes: Messrs. Goehringer, Grigonis, (Member Doyen was absent.) This resolu- lk RECEIVED AND FIT.W.D BY THE SOUTHOLD TOWN DATE '}//~ i~,' HOUR /' Town Clerk, Town of Seuthold 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 Special Meeting a~ the Southold Town Hall, Main Road~ Southold, New York, on THURSDAY, JUNE 2, 7988 at the foll6wing times: 7:30 p.m. Apb1. No. 3718 - PATRICIA STEGNER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to locate new dwelling with an insufficient setback from existing bulkhead. Location of Property: 470 Private Road #12 (off the South Side of Main Bayview Road), Southold, NY; County Tax Map Parcel No. 1000-78-6-5 and 10.2 (now 10.3). 7:35 p.m. Appl. No. 3723 - ANGELO S?ETSIOTES. Variance to the Zoning O~dinance, Article XI, Section 100-119.2B for permission to construct deck addition at rear of dwelling with an insufficient setback from existing bulkhead a~ Budd's Pond, 1045 Buddts Pond Road, Southold, NY; Willow Point Subdivision Lot #11; County Tax Map (or 13). Parcel No. 1000-56-5-13.1 ROBERT E. BIDWELL. Special Exception to the Zoning Ordinance, Article III, Section lO0-30B(14)( for a Winery for the production and retail sale of wine produced from grapes primarily grown at the Bidwell_Vineyards, 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). 7:40 p.m. Appl. No. 3732 ~ 7:45 p.m. Appl. No. 3717 FREDERICK KOEHLER, JR. Variance to the Zoning Ordinance, Article XI~ Secti6n 100~119.2B for per- mission to locate accessory structure ~lohg existing bulkhead as Cutchogue Harbor, premises known as 575 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-6. 7:50 p.m. Appl. No. 3729 GEORGE R. FURSE. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for: (a) approval of ~nsufficient lot area of proposed Lot #2; (b) approval of insufficient lot depth of proposed Lot #2; (c) approval of yard setbacks as apply from the new division line to the existing dwellings. Location of ProperTy: Right-of-way off Bell Hill Avenue, Fishers Island, ~Y; County Tax Map Parcel No. 1000-009-03-002, containing 3.64± acres. Page 2 Notice of H~ings Southbld Town Board C. ~Appeals Special Meeting - June 2, 1988 8:00 p.m. Appl. No. 2730 ESTATE OF DOROTHY RUSSELL. Variances to the Zoning Ordinance, Article III, Section 100-31 Bulk Schedule for: (a) approval of insufficient lot area of proposed Lot #1 and Lot #2; (b) approval of insufficient lot depth of proposed Lot #2; (c) approval of insufficient yard setbacks as apply from the new division line to the existing dwellings. Location of Property: North Side of Beach Avenue and West Side of Heath~lie Avenue, Fishers Island, NY~ County Tax Map Parcel No. 1000-009-11-9.1 (prev. 9), containing 2± acres. 8:10 p.m. Appl. No. 3731 NORTH FORK COUNTRY CLUB. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of the placement of accessory gazebo structure in the frontyard area, premises known as 25650 Main Road, Cutchogue, NY; County Tax Map Parcel No. lO00-109-4-Lots l, 3, 42 and 7. 8:20 p.m. Appl. No. 3727 DORDTHY ABBOTT. Variances to the Zoning Ordinance: (a) Article .III, Section 100-31, Bulk Schedule, and (b) Article XI, Section lO0-119.2A, for approval of attached deck with an insufficient easterly sideyard setback and insufficient setback from top of bluff along the Long Island Sound, premises known as 380 Private Road No. 3 (extending off the West Side of Rocky Point Road), East Marion, NY~ County Tax Map Parcel No. 1000-21-1-2. 8:30 p.m. Appl. No. 3726 CLIFF & PHIL'S LOBSTER HOUSE. Variance to the Zoning Ordinance, Article VI, Section 100-60C for permission to erect off-premises-advertising sign for restaurant (previously Beachwood Cafe). Location of Premises for Sign: South Side C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-59-10-4. (Owner: Edward F. Koster). 8:35 p.m. Appl. No. 3721 RUSSELL E. PLANITZER. Variances to the Zoning Ordinance, Article III, Section 100-32 for permission to locate pool, fence enclosure, pergola structure, and part of garden enclosure, in the frontyard area. Location of Property: Private Road, Wilderness Point, Fishers Island, NY; County Tax Map Parcel No. 1000-12~2-6.5, 6.9 (prev. 6.6). The Board of Appeals will hear at said time and place any and'all representatives or persons desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. DATED: May 12~ 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Copies mailed to the following 5/18/88: Mrs. Patricia Stegner, 91 Laurel Drive, Smithtown, NY 11787 Mr. Angelo Spetsiotes, 1045 Budd's Pond Road, Southold, NY 11971 Mr. Robert E. Bidwell 27 Montrose Place Melville, NY 11747 Mr. James Gray, Sr., P.O. Box 1465, Southold, NY 11971 (as Agent for Mr. Frederick Koehler) Stephen L. Ham, III, Esq. Matthews & Ham, 65 Hampton Road, Southampton, NY 11968 as Attorneys for George R. Furse and Estate of D. Russell Richard F. Lark, Esq., P.O. Box 973, Main Road, Cutchogue, NY 11935 John M. Wa§her, Esq., Esseks, Hefter & Angel, P.O. 108 East Main Street, Riverhead, NY ll901 as Attorneys for Dorothy Abbott ~ox 279, Cliff's and ~hil's Lobster House, Inc., 50 North Sea Drive, Southold, NY 11971 Robert A.M. Stern Architects, 211 West 61st Street, NY, as Agents for Mr. Russell Plani~zer Mr. Charles Kadushin, 242 West 101 St., NY, NY I0025 NY 10023 Suffolk Ti~es, Inc., P.O. Box F, Greenport, NY 11944 L.I. Traveler-Watchman, Traveler St., Southold, NY 11971 (Board'Members with copies of files 5/19/88) Building Dept., Planning Board, Bulletin Board TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application No. Date Filed: (We), Robert ~, Bid~ell Of 77 Hnntrn~ Pl~r~ (Residence, House No. and Street) Melville. NY 11747 516/643-2444 ' ' (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE lO0 ~ SECTION 30 , SUBSECTION for the below-described property for thpfol]owing uses and purposes (and as shown o~, attached p]an I- -- Statement oT uwnersn]p ~o ln~.~rc~L. Robert E. Bidmell ?roperty known and referred to as ~nl,f¢= ~ Ci,frnnntlp. N~m~ Ynw~< --(fiouse'No., Stre~et, Hamlet) is(are) the owner(s) of ~ed on the Suffolk County Tax Maps as District ]000, Section~6,., Block Lot(s) 4.3 , which is not (is) on a suodivision Map (Filed , "Map of "Filed Map No. and has oeen approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with ~ne intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor ~n said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: L ] [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn to before me this agriculturel C. The property which is the subject ore this application is zoned --'. - * _ and [ X] iS c~nsi~%ent w~th one use(s) described in the Certificate of Occupancy being furnished herewith. is not consistent with the Certificate of Occupancy being furnished herewith for the following reason[s): day of.~~¢gna u[ ~9X~ .... ZB2 (rev. 2/6/86) TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST SU~. LOT . ..:S. ~J ~ TYPE OF BUILDING RES. ~ ~ ~ S~S. VL. FARM COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS. .' ' ~,.,y Z ~ ~:~'~-~ ~:~ ~ ~1 ~ 4/21 '~ ~ ~ ~ ' - z FARM~ ~ ~" ~ z - I ' Acre~ V~l~e Woodland ~ · t - / Swampland . : FRONTAGE ON WATER , BrusMand , / ~P & FRONTAGE ON ROAD House Plot ~ ' ~-~ ~-~ DEPTH ' _~ · ~ULKH~ , Total ,' : ' r ~~. DOCK M. Bldg, Extension Extension Extension Porch Porch Breezeway Garage Patio Total COLOR Foundation 3osement ~xt. Walls Fire Place Type Roof Lecreation Room Driveway Both Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floo Dinette K. LR. DR. BR. FIN. B. IOLD PROPERTY i ECORD CARD STREET · ' V LLAGE DIST SUB. FORMER OWNER RES', ~ S~St ~'~ :' ' 'FAR~'~' COMM. CB. MITS. Mkt Value ~ND- .IMP.., L,: ,' TOTA[ ':,'~ DATE RE~RKS ' ' ~'~ /,~ : AGE. :: ...... :,-~.: ,, ::BUILDINGCONDITONI ,: :'_ : : '- _ ' FA~ ' ,~.,Acre. ,, ~ Value Per:- ':t- Value ~ ' ',: ..... ~ : L ' ' ' Acre :. ' '.m ' ' ' , ~ Z3 ~ - ~L' ~ / FRONTAGE ON WATER f':' : ~ ::~'-: :: : "":-. : FRONTAGE ON ROAD '. ::' ~-: "':' ': DEPTH ' , ' : : ' Totol ~ ' '.' ' ' ¥ ~/ ~'~ DOCK :, ~: M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Total .; Foundotion Basement Ext. Walls Fire Piece _~[~at,on Room Dormer Finish Heat Rooms 1st Floor Rooms -2nd Floor I) rivewey F SOUTHOLD PROPEJJTT, ' RECORD CAlt OWNER . -. '.~ ;~ STREET VILLAGE ' D ST SUB ' LOT FORMER OWNER ?"~'::; N ' ;" . '., ' E , ;Z:.y :~ /~CR." 1. { ~ . } ~. ' RES. S~$.~ , VL., . ..- FARM r CO~. CB, MICS. Mkt* Value r ' "1~, ?::TOTAL '~: DATE ' :: ~ R~RKS ~ ' Tilloble .. ~.~ ~,~{.j:~'?'; '~ ~'~. * ~;?? FRONTAGE ON WATER ' ' ' Hou~ Plot ]i,O~ -;'¥' : -I :~:'~"~' ' *~ ~O ' BULKH~D ,, , · M,'Bldg. Extensi¢ Porch Deck Breezewa, Garage Foundation Basement ,- y Ext. Walls Fire Place Pool Patio Driveway Bath Floors Interior Finish Heat Attic Rooms 1st Floor Rooms 2nd Floor NORTH FORK, LONG ISLAND CUTCHOCqJE, NEW YORK 11935 PHONE (516) 734-5200 Southold Town Board of Appeals Main Road - State Road 25 Southold, L.I., N/.Y. 11971 April Gentlemen: WE would like at this time to apply for an sell wine retail from our winery. Please inform us as to what we must submit review our application for retail sales. Thank you. for Yours, bert ~ Bidwell 11, 1989 app]ication to the Board to REB:s cc:Seltzer & Sussman-Glenn Habberman cc:Bruckman & Hill-Bob Goldstein Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 TO: FROM: RE: DATE: PLANNING BOARD OFFICE TOWN OFSOUTHOLD Zoning Board of Appeals Planning Board Bidwell Vineyard - SCTM #1000-96-4-4 July 13, 1989 On June 9, 1988 a special exception was granted to Bidwell Vineyards for production, wholesale storage and wholesale sales of wine. Specifically excluded was the retail sales of wine. An inspection on July 12, 1989 revealed a retail wine sales operation is in progress. The Planning Board has not approved a site plan as of this date. ( See attached letters dated November 1, 1988 and July 13, 1989). enc. cc: Building Department James A. Schondebare, RK/jt Town Attorney July 27, 1988 AN OPEN LETTER TO THE SOUTHOLD TOWN'S ZONING BOARD OF APPEALS Members of the Board: So much damaging misinformation has appeared in the Suffolk Times recently, that I must take action to defend myself against these false allegations. First a brief review of my building program in Cutchogue. I have built three times on my property in Cutchogue, all on one site, on Route 48. FIRST BUILDING Small concrete block structure with toilets, a water pump and a place for our tractors. Received Building Permit and C.O. Building is still being used as described. SECOND BUILDING Also a small concrete block building for storage. Received Building Permit and C.O. Building is still being used as described. This is the building someone asked me about at the meeting when I was there with my two sons and Mr. Fred Showers, a Professional Engineer who is preparing the plans for the fourth building. These plans, the fourth building, have not been submitted as of this date, and NO construction has taken place. SOUTHOLD PAGE TWO July 27, ZONING BOARD OF APPEALS 1988 THIRD BUILDING A Winery, plans prepared by Gordon K. Ahlers a Professional Engineer, Manor Lane, Jamesport. Received Building Permit and C.O. There seems to be much misinformation about this structure. According to the newpaper inference, I did not use a licensed professional. That is not true, I engaged Mr. Gordon Ahlers to prepare the plans, and submit them to the Town. According to the newpaper inference, I did not file the plans from Mr. Ahlers as a winery. That is not true. I have in my possession letters from Mr. Ahlers informing me that the Winery Plans had been approved. The plans submitted by Mr. Ahlers have a title block in the lower right corner on each of the eight sheets of blueprints, right under Mr. Ahler's Professional Seal, that stated: WINERY FOR MR. ROBERT BIDWELL COUNTY ROAD 48 CUTCHOGUE, NEW YORK, 11935 This title block is 10" long and 2" high with very large lettering on each of the eight blueprints. The plans call for "A wine press court" "A tank room" "A bottling room" Etc., Etc. Clearly we are not trying to subvert the system and hide anything. I used a local Professional Engineer for the Winery. SOUTHOLD ZONING BOARD OF APPEALS PAGE THREE July 27, 1988 I have engaged another Professional Engineer, Mr. Fred Showers of Westhampton Beach, for the second phase of the Winery, the fourth building, the public area where I hope to sell wine. NO construction has taken place with regard to the fourth building, the plans are not yet complete, and have not been submitted. We have tried very hard to be good neighbors, to comply with the letter of the law and the spirit of the law. We want to do everything that we must do, and then even a little more as we feel the Town is quite correct in controlling its growth and making sure that the pattern of growth is beneficial to the Town. Our family name is on our wine label, and any irresponsible press hurts us and our sales directly. My sons have asked a reporter in the Suffolk Times, "Why are you doing this?", and the reply was, "Because it's in the files". I hope this will clear up, what at present I believe to be, an honest misunderstanding. Closing, I would like to add that the Building Dep't. has been very helpful with our problems, and we are indebted to them for the fast review and approval we have received in the past. It is my personal belief that they perform a necessary service very well. Sincerely yours, CC: Glenn Habermann, Esq. Seltzer & Sussman 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 ./~~. ~Our next appeal is Bidwell Wineries, A~peal Number 3882. This is a continuation of a prior hearing. So it is not necessary How do you do, Mr. Bidwell? When we had originally dealt with your application, we had seen the building as it presently exists. We had restricted the building to the production ... the special exception wa~ restricted to the production of wine. At that particular time, there was to be a proposed addition closing that entire area up of the "L" that MR. BIDWELL: THE CHAIRMAN: asked you to come in you see from the road. That is correct. The reason why we is because now, and am only anticipating it, and I really should let you 3peak but I am trying to justify it in my own mind, and correct me if I am incorrect, you are selling wine out of the front of the building. You are having a retail sale out of the front of the building and you are either asking us to waive that 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 condition or to allow you to sell retail wine out of the present building as it exists without any major addition that is supposed to go on. MR. BIDWELL: THE CHAIRMAN: 37 Is that correct? The second is correct. So therefore, just as the building exists now is the way it is going to stay or you are anticipating it will That of retail foot feet. stay for a little while. MR. BIDWELL: For a little while. is correct. THE CHAIRMAN: How much of the front that building is actually utilized in sale? MR. BIDWELL: space. THE CHAIRMAN: That is 400 square That's what you're asking to do. MR. BIDWELL: Yes. THE CHAIRMAN: I just want you to It is about a 20 by 20 know it would be unkind of me to have you leave here and say if we granted this that would be it, because there are some require- ments by the Planning Board based upon the L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 site plan of this particular project. So any decisions we make in waiving the waiver of that particular situation that we discussed would be subject to the Planning Board's approval. MR. BIDWELL: THE CHAIRMAN: understand that. thank you very much for coming in and clearing that issue up for MR. BIDWELL: Thank you. THE CHAIRMAN: Is there anybody else that would like to be heard on behalf of this application? Anybody like to speak against the application? An~ question from Board members? Hearing no further questions, I make a motion to close the hearing, reserving decision until later. MR. DINIZIO: THE CHAIRMAN: BOARD MEMBERS: THE CHAIRMAN: Second. All in favor? Aye. With the public's indulgence, I would like to take a brief four minute recess. I need a motion. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 MR. SAWICKI: So find. THE CHAIRMAN: Ail in favor? BOARD MEMBERS: Aye. (Whereupon, a brief recess was taken and the proceeding later resumed.) THE CHAIRMAN: Our second to last hearing is in behalf of Robert and Ethelle Schroeder, Appeal Number 3895. The legal notice reads as follows: Upon application of the applicants, variance for reversal of' Building Inspector for change of use of land and existing building without obtaining a Certificate of Occupancy. Property loca- tion: 4380 Main Road, East Marion, County Section 35, Block 5, of a survey dated indicating a one story sits in the same location Tax Map Number 1000, Lot 4. I have a copy November 19, 1980, frame gas station, ... only difference I notice based on a field visit is that there is a fence in the rear of the property, in the rear of the station itself, some sort of stockade fence. I have a copy of the Suffolk County Tax Map IDWELL February 5, 1990 Mr. Gerard P. Goehringer, Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 Chairman Dear Mr. Goehringer: On Thursday, February 1, 1990, I appeared before the Southold Town Board of Appeals at it's regular meeting in Southold Town Hall at 8:00 PM. I was present to answer any questions the Board might have for me regarding my family's appeal to the Board. We are seeking permission to conduct consumer tastings and retail sales from our winery in Cutchogue. At the meeting it became apparent to me that the Board of Appeals, and also perhaps the Planning Board is concerned that we may have abandoned our plans to complete our larger building in the near future. Please allow me to reassure you once again that we have every intention of completing the planned building in accordance with the plans originally filed. The special exception to allow retail sales is actually the best way we could think of to hasten the day when construction can begin. Tastings and sales at the Winery are per- haps the most important tool available to us for raising capital right here, and also for promoting our wine farther afield. We are all eagerly anticipating the day when we can open our new facility and become an ever greater asset to the Town of Southo~d. In the meantime we at Bidwell Vineyards, as always, appreciate your help and support. Of course, I hope you will call me at the Winery if you have questions or if I can help you in any way. CC: Sincerely, K~rry ~. B~dwell Members of the Planning Board Members of the Board of Appeals BIDWELL VINEYARDS, ROUTE 48, CUTCHOGUE, L.I., NEW YORK 11935 516-734-5200 FAX 516-734-6763 PREMIUM WINES FROM THE NORTH FORK OF LONG ISLAND Iown Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-I938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: Gerard P. Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski, Jr. Chairman DATE: February 1, 1990 RE: Bidwell Wineries SCTM9 1000-96-4-4.3 The following is in response to your request of January 29, 1990 for comments on Appeal No. 3882 Bidwell Wineries. The applicant does not have an approved site plan for the existing winery. Further, the Planning Board did not receive a revised, amended site plan as requested in the Board's letter to Mr. Bidwell of December 6, 1989 and its prior letter of November 1, 1989. The recently received site plan for a retail sales operation was not complete and was returned to Mr. Bidwell for corrections~as well as payment of the application fee. (See attached correspondence Encl. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals HAIN ROAD- BTATE RDAD 25 SOUTHOLD, L.h, N.Y. llCJ?l TELEPHONE (516) 765 1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fr~e to 'call our office, 765-1809. Yours very tr~lv_~, ~ ~ G~RA~D P. GOE~R~'NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk )IDWELL Dead Deer Hr. Or~svs~J re~al~ Hr. Uleeuere~ ~e hie office sad he provided her vl~k a espy of the %e~er. She assured him ~hal ye veaAd lmmedia~eAy BIDWELL VINEYARDS, ROUTE 48, CUTCHOGUE, L.I., NEW YORK 11935 516-734-5200 FAX 516-734-6763 PREMIUM WINES FROM THE NORTH FORK OF LONG ISLAND '~ lapp ~~~ Southold Town Board o eals ~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI August 3, 1988 Mr. Robert E. 27 Montrose Place Melville, L.I., NY Re: Appl. No. 3732 Dear Mr. Bidwell: Bidwell 11747 - Special Exception for Winery Transmitted herewith for your file is a copy of the recent response from the Suffolk County Planning Department concerning the above project. Yours very truly, tr Enclosure GERARD P. CHAIRMAN GOEHRINGER DEPARTMENT OF PLANNING OCOUNTY OF SUFFOLK PATRICK G, HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 July 27, 1988 Town of Southotd Zoning Board of Appeals Applicant: Robert E. Bidwell Mun. File No.: #3732 S.C.P.D. File No.: SD-88-23 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 a subsequent special exception request will be forthcoming relative to retail/wholesale and related occupancies. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article Board of Appeals of the following to the Variance from Variance Southold Town Board o£ Appeals MAIN RI-tAD- BTATE RrlAD 25 ¢trlUTHI3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 XIII of the Suffolk County Charter, the the Town of Southold, New York, hereby refers Suffolk County Planning Commission: the Zoning Code, Article , Section from Determination of Southoqd Special Exception, Article IZI, Section Special Permit Town Building Inspector 100-30B (14) Appeal No.:3732 Applicant: Robert E. Bidwell Location of Affected Land: S/s C.R. 48, Cutchogue, NY County Tax Map Item No.: 1000- 96-4-4.3 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) xx State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plaot Within One Mile of An Airport. COMMENTS: Applicant is requesting permission ~ for a Winery for the Production and Retail Sale of Wine produced from qrapes primarily ~rown at the Bidwell Vineyards Copies of Town file and related documents enclosed for your review. Dated: July 21, 1988 Southold Town Board o~f Appeals June 9, 1988 Regular Meeting INFORMAL DISCUSSION: Appl. No. 3732. Application pending for the Winery of ROBERT E. BIDWELL, S/s C.R. 48, Cutchogue. This matter was held for a public hearing on June 2, 1988. The Board briefly discussed the particulars of the buildings as exist, and the N.Y.S. Construction Code requirements. Copies of the building department permit files indicate that no building inspection was made for the construction as exists. Mr. Lessard indicated that an agricultural building is not subject to the regulations of the N.Y.S. Construction Code as would a winery building be subjected. Mr. Lessard assured the Board that he would make all necessary inspections for the buildings as a "winery" if proper Penmits were received, even if the requirements are mor6 strict, and that he would not have difficulty inspecting the inside walls. Mr. Lessard also indicated that no inspections are necessary in his opinion for any agricultural or farm buildings, even though Certificates of Occupancy are issued for'same. (The Board decided to hold deliberations and decision over till the next meeting.) The Chairman asked Mr. Lessard to check along Bridge Lane in Cutchogue as to possible violations. INFORMAL DISCUSSION: Wineries and agricultural buildings. The Board continued discussions on agricultural buildings and conversions into winery and Mr. Lessard was asked to refer the applicants to the appropriate departments if the plans called for a winery, rather than issuing permits for an agricultural building under the same plans. Mr. Lessard agreed to do so in the future. REGULAR MEETING OF THURSDAY, JUNE 2, 1988 Appl. No. 3732 Applicant(s): Robert E. Bidwell Location of Property: S/s C.R. 48, County Tax Map No. 1000- Cutchogue Board Members present: Chairman Goehringer P. Goehringer, Members: Doyen, Douglass, Grigonis and Sawicki. Also Present: Victor Lessard, Building Inspector and Linda Kowalski, Secretary of Zoning Board of Appeals. The Chairman opened the hearing 7:55 o'clock p.m. and read the legal notice for the record. Motion was granted to waive the reading of the application. CHAIRMAN GOEHRINGER: I have a copy of a Bite plan in front of me. I'm not going to pull it back but I will read the survey. I have a copy of a survey dated May 16, 1986 indicating the entire parcel and I have a copy of the site plan, as I said, in front of me. And I have a copy of the Suffolk County Tax Map indicating this and sur- rounding properties in the area. Is there somebody who would like to be heard on behalf of this ~application. Could I ask you to use the mike sir and state your name for the record. MR. BIDWE~L: I'm here to speak for the proposed winery. My engi- neer is also here. We hope we can answer all your questions. CHAIRMAN GOEHRINGER: Now, originally when you started this, you built the cement ~lock building? MR. BIDWELL: Yes. CHAIRMAN GOEHRINGE~: What is that used for right now? MR. BIDWELL: One, it was laid out for a men's room and a ladies room and a utility room also. Electricity comes in there, a water pump right outside. CHAIRMAN GOEHRINGER: And you use that for storage of equipment now or anything? MR. BIDWELL: Yes. storage. Ladies room, men's room, utility room and just CHAIRMAN GOEHRINGER: So that really has nothing to do with the ac- tual processing of grapes or the production of wine. MR. BIDWELL: ~o. That was the first really run it and that was to have an place to get warm during the winter. five years. My three sons indoor laboratory and some- CHAIRMAN GOEHRINGER: Now you have the steel building attached to it and that is primarily the entire winery operation. MR. BIDWF.[.L, v== Page 2 - Thursday,w~ne 2, 1988 Public Hearing - Rd{~rt Bidwell Southold Zoning Board of Appeals CHAIRMAN GOEHRINGER: Except for the facade and a few changes on the later part of this plan which you are going to do. MR. BIDWELL: We'd like to get permission to do that. We would also like to get permission to build a cellar in the front of the existing building there as shown on the plot plan so we can put the wine that must be aged in the oak down beneath the ground level where the temperature is constant so it will lead to better aging, better quality wine. CHAIRMAN GOEHRINGER: I see. And that isn't specifically the na- ture of this application tonight though. Is it? MR. BIDWELL: I'm pretty unfamiliar with this. You're going to have to help me. CHAIRMAN GOEHRINGER: The purpose of one of this law was, and I did the same with Dr. Damianos when he came in from Pindar and was so that the town had an idea of what was occurring on the premises. That was the purpose of the special permit. Any changes would re- quire your coming back and applying for additional permits. Not to supercede the existing permit but to work along with the existing permit. Now, and I'm not the Building Inspector, I would assume the construction of the cellar would require a permit. And since we don't have that already built, you might have to come back eventu- ally. He has it in here but I have a first floor, second floor. Then I have the front and I don't show the cellar in this plan. MR. CHALLIS : It's drawing number F-1. It's the second sheet. CHAIRMAN GOEHRINGER: It's the second page. Is that correct? MR. CHALLIS : Right. CHAIRMAN GOEHRINGER: Now where is this going? Is that going in the actual opening that exists now adjacent to the cement block building and the steel building? MR. CHALLIS : That's correct. CHAIRMAN GOEHRINGER: So if I was facing the building from the road, I would be looking directly at an open foundation if it was excavated and that's where it's going to be built. Ok. MR. BIDWELL: I have a photo of that if it might help. CHAIRMAN GOEHRINGER: Could I just have your name sir for the record. MR. CHALLIS: Freder$ck Challis. CHAIRMAN GOEHRINGER: Thank you. Page 3 - Thursday, ine 2, 1988 Public Hearing - ~rt Bidwell Southold Zoning Board of Appeals MR. BIDWELL: Right in the center where that truck is is where we'd like to put it. CHAIRMAN GOEHRINGER: Right. That's where you want to put it. Now, what will be the platform effect? What kind of roof will you have over it? MR. BIDWELL: I think it says on the ..... CHAIRMAN GOEHRINGER: That's all the way in the back. That's the facade I was referring to. Thank you. Can we keep that. MR. BIDWELL: I'll make a copy and then I'll give it to you. CHAIRMAN GOEHRINGER: Could you pick that up from us tomorrow? MR. BIDWELL: I'll pick it up next week as long as I can get it back. CHAIRMAN GOEHRINGER: So, this entire front will then be a one-story or two story building that will be placed on top of this foundation? MR. BIDWELL: The high ceiling is one-story. The ceiling height is more than one story. It's about double. CHAIRMAN GOEHRINGER: But it will only be a one-story structure? MR. BIDWELL: Yes, one-story structure but the inside is a mezanine towards the back. It would be a short floor and another half floor. CHAIRMAN GOEHRINGER: What you have right now since we didn't enter your building, is now a two-story structure. Is that correct? MR. BIDWELL: Well, the ceiling height is two stories. CHAIRMAN GOEHRINGER: Is the second story built in that structure now at this time? No. It's all open. The whole thing is open. MR. BIDWELL: It's open as in the photo. That photo is accurate. CHAIRMAN GOEHRINGER: SO basically, you're asking the special excep- tion to encompass all of this that's in this plan at this particular time? MR. BIDWELL: Yes. That's correct. CHAIRMAN GOEHRINGER: And how much square footage are we talking about in total? Do you have any idea? You don't have to tell us tonight. Page 4 - Thursday, ~d~ne 2, 1988 Public Hearing R~t Bidwell Southold Zoning Board of Appeals MR. BIDWELL: It's on the drawing. CHAIRMAN GOEHRINGER: That's okay. MR. BIDWELL: We broke it down room by room.' CHAIRMAN GOEHRINGER: Right. I did see the square footage in each room. Right. What will be used for retail sales? Will that be the part of the building that you are going to construct? MR. BIDWELL: Yes. That would be the part that we're asking to con- struct. CHAIRMAN GOEHRINGER: No. You're not asking permission. You've got to get a building permit for it anyway. You're asking the special exception on a special permit to operate a winery for the entire thing, the entire structure. And we, of course, have worked off the plans. If you had nothing here, we would be working with totally off the plans. So that's basically the reason why I'm asking the question. So the entire area with the wine cellar will be the part that's used for retail sales. Everything else will be used for the production of wine. MR. BIDWELL: Right above the cellar there is a main floor. And the main floor towards the rear we wanted to use_L.~ that for tasting and wine sales for the public. And then we had a thought of in the front of making little roulletes of wine memorabilia and making the .... CHAIRMAN GOEHRINGER: Well, that's basically a part of That has nothing to do with the actual construction of production of the wine I should say. retail sales. the wine or MS. KOWALSKI: Does he know the square footage for the retail sales area? CHAIRMAN GOEHRINGER: Well we have to read that off the map. This goes back to the last page. It goes back to the proposed sketch. Could we just ask you, I guess to make the thing a little more br f. Maybe you can give just an analysis of what is there _ now in refer- ence to square footage and what you propose in reference to square footage and just the total retail sales area. In a letter. Just add it up for us. No problem. As long as we get it within two weeks, we'd appreciate it. If you wouldn't mind. This way we know exactly what we're talking about here. And we appreciate you coming down with this information. I'll see if anybody else has any questions in the audience. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the appli- cation. Hearing no further questions, .... MR. LESSARD: I just wondered how many people he intended to handle at one time in reference to the public. Are we talking 49, 1007 Maybe you didn't even think about it. Page 5 - Thursday,~ne 2, 1988 Public Hearing - R~rt Bidwell Southold Zoning Board of Appeals MR. BIDWELL: I did think about it. I pray every night about it. We're hoping it will be something like Dr. ~ianos at Pindar. We'd love to be that successful. We have to handle some cars. You have to handle some retail sales or you really can't make it as a winery. There has to be something there. I hope it's 30 or 40. That would be great. MR. LESSARD: You're shooting for 30 or 40 people? MR. BIDWELL: Well, I'll never get that much. love it. I wish there was that much. Thirty cars, I'd CHAIRMAN GOEHRINGER: It would be like 30 or 40 people on a daily basis. MR. BIDWELL: If we're lucky. C~AIRMAN GOE~RINGER: Thank you. I'm sorry I almost forgot. Again, hearing no further questions, I'll make a motion closing the hearing reserving decision until later. Thank you again sir for coming in. Ail in favor - AYE. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE ($16) 765-1935 PLANNING BOARD OFFICE TOWN OF SOUTI~OLD December 6, 1989 Kerry Bidwell Bidwell Vineyards Route 48 Cutchogue, NY 11935 RE: Proposed site plan for Bidwell vineyards SCTM #1000-96-4-4 Dear Mr. Bidwell: Reference is made to your letter of August 21, 1989 (copy enclosed) in which you state that you will immediately comply with the Planning Board's November 1, 1988 request for a revised site plan. Please be advised that a retail sales operation is not a permitted use without an approved site plan from the Planning Board and a Special Exception from the Zoning Board of Appeals. Very truly yours, '..~.,..'~,~.;--;/. ~.e.',.~ :." ~_,.~ ...~,., ~/~t~ ~ Bennett Orlowski, Jr. /~ Chairman cc: Vincent Wieczorek,'Building Department Victor Lessard, Building Department James Schondebare,i.Town Attorney Gerard Goehringer, Zoning Board of Appeals RK/jt MEMO TO FILE September 6,1989 On August 29, 1989 I called Mr. Kerry Bidwell regarding his letter of August 21, 1989. I informed Mr. Bidwell that the retail sales of wine was not permitted under his special exception. I informed Mr. Bidwell that a new site plan will have to be submitted in addition to a variance from the board of appeals. Mr. Bidwell said he would comply with both requests. On August 18, 1989 Mr. Vicent Wieczorek, ordinance inspector, visited the winery to inspect the retail sales operation; and found it to be in operation. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTItOLD July 13, 1989 Robert E. Bidwell 27 Montrose Place Melville~ NY 11747 RE: Proposed site plan of Bidwell Vineyards SCTM 01000-96-4-4 Dear Mr. Bidwell: Reference is made to the Planning Board letter of November 1, 1988 advising you that it has not received a revised, complete site plan (a copy is enclosed for your convenience). On July 12, 1989 an inspection revealed a retail sales operation. Please be advised this use is not permitted without an approved site plan and variance from the Zoning Board of Appeals. Very truly yours, BENNE~ O~OWSKI, ~. .,~ CIIAI~{ CC: Zoning Board of Appeals Building Department James A. Schondebare, Town Attorney RK/jt Southold, N.Y..11971 (516) 765-1938 May 18, 1988 Robert Bidwell 27 Montrose. pl~e Melville, NY 1I$47 RE: Proposed site plan for Bidwell Vineyard N/S CR 48, 304' W/O Depot Lane, Cutchogue. SCTM ~ 1000-96-4-4 Dear Mr. Bidwell: The Planning Board is unable to proceed with its review because the site plan that was submitted does not contain the required information. The enclosed checklist lists the information that should be shown on the plan. Note that the scale of the drawing must be 1" = 20' Comments were made on the survey that was submitted; and which is enclosed herein. Please incorporate the marked items in the revised plan. If you have any questions, please do not hesitate to contact this office. enc: cc: William R. Simmons jt Sincerely, alerie S.c6p~ Town Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 December P0, 1989 Mr. Kerry Bidwell Bidwell Wineries Route 48 Cutchogue, NY 11935 Dear Mr. Bidwell, You have filed for a Special Exception under the Appeal No. 3882, we had set a hearing date for December 19, 1989 requesting that someone on the behalf of Bidwell Wineries be there to represent the Special Exception. Do to the fact that the Board would like further information to be added into your file they were unable to close the file and have withheld in making a decision. They have recessed your hearing to our next regular meeting. You will be sent further information in regarding our .next regular meeting date. Please have someone represent Bidwell Wineries so that we can obtain further required information or give us a call at 765-1809 if you are unable to attend. Your very truly, df Doreen Ferwerda Town Hall. 53095 Main Road P.O. Box 1 179 Southold. New York 11971 IELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Planning Board December 18, 1989 Bidwell Wineries SCTM #1000-96-4-4.3 The following is in response to your request of December 7, 1989 for comments on application number 3882 Bidwell Wineries. The Planning Board did not receive a revised site plan as requested in the Board's letter to Mr. Bidwell of December 1989 and its prior letter of November 1, 1989. The parking calculations for a retail sales operation must be reviewed before site plan approval can be given. 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 58 have to comply. Now what we're really doing is reducing the density because what Nancy has in mind would only require 19 parking spaces, so you're actually reducing the required space that the church had down to 19. So we're improving the situation rather than worsening it. MR. DINIZIO: Thank you. MR. GOEHRINGER: anybody who would like application? Is there Thank you. Is there to speak in favor of this anybody that would like to speak against the application? Questions from Board Members? Any other further questions I should say? Hearing no further questions, I'll make a motion to close the Hearing and reserve decision until later. MR. GRIGONIS: Second. MR. GOEHRINGER: Ail in favor? THE BOARD: Aye. MR. GOEHRINGER: Thank you very much for coming in. The next appeal is in behalf of Bidwell Wineries, it's appeal number 3882. The legal Notice reads as follows: "Upon application the applicant 3882, special exception to the Zoning Ordinance, RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516} 727-3168 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59 Article III, Section 100-30, for approval of consumer tasting and retail sales from the Winery. Property location is Route 48, Cutchogue. County Tax Map No. 1000-96-04-4.3." A copy of a sketched in site plan. I have a copy of a Suffolk County Tax Map indicating this Winery as being approximately 15 acres. Is there somebody who would like to be heard for Bidwell? No one is here from Bidwell? Well, we want to ask Bidwell some questions, so what we'll do is recess this with a date being the next regularly scheduled meeting and ask them to make sure that they're here. Is there anybody that would like to comment on this application before we recess it? Seeing no hands, I'll make a motion to recess it to the next regularly scheduled meeting. MR. DINIZIO: Second. MR. GOEHRINGER: All in favor? THE BOARD: Aye. MR. GOEHRINGER: The next appeal is in behalf of Jerry Gambone and others. It's appeal number'3896. The legal Notice reads as follows: "Upon application the applicant 3896 special exception to the Zoning Ordinance, RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516] 727-3168 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SI-IUTHI-ILD, L.h, N.Y. TELEPHONE (516) 765-1809 May 20, 1988 Mr. Robert E. Bidwell 27 Montrose Place Melville, NY 11747 Re: Appl. No. 3727 - Special Exception Winery Construction Dear Mr. Bidwell: Today we are in receipt of your response dated May 18, 1988 concerning our numerous requests for a floor plan with square footages and uses of the proposed winery location and use. We suggest that you make the appropriate arrangements for submission of the information requested, together with four copies of the "Site Plan Maps" required by the Planning Board for our file and reviews, by our June 2, 1988 meeting. In the event the information is not sufficiently prepared and furnished for the June 2, 1988 hearing, we will not be in a position to conclude the hearing and a postponement will be necessary. Yours very truly, and Use GERARD P. GOEHRINGER CHAIRMAN lk cc: Planning Board Building Department May 18, 1988 Southold Tomn Board of Appeals Main Road - State Road 25 Southold, NY 11971 Attn: Gerard P. Goehringer, Chairman Gentlemen: Re: App1. No. 3732 - Special Exception (Winery) To quote your paragraph tmo, "Please confirm in mriting the amount of square footage proposed for the minery, depicting the sales area, storage area, etc. mhich mas not shomn on the May 16, 1986 Surveys.", I am confirming in mriting that the amount of square footage proposed for the minery, mhich is not shown on the May 16 survey, is approximately 5,888 square feet, and lies directly north of the tmo-story tank building and mest of the one-story concrete block building. Any further details as to the type of construction, concrete, steel, etc., can be obtained from the engineer I have retained to prepare our proposed building plans. The engineer is: Guldi & Shomers 1111Riverhead Road Westhampton Beach, NY 516/288-6201 11978 Ve~truly yours, /Rober't E. Bidmell REB/as Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 16, 1988 Mr. Robert E. Bidwell 27 Montrose Place Melville, NY 11747 Re: Appl. No. 3732 Special Exception (Winery) Dear Mr. Bidwell: We are in receipt of your Special Exception applica- tion concerning your premises located along the south side of C.R. 48, Cutchogue. Please confirm in writing the amount of square footage proposed for the winery, depicting the sales area, storage area, etc. which was not shown on the ,/ May 16, 1986 Surveys. We do expect to adverCis(, this application for a public hearing to be held on June 2, 1988; and we must receive the information above as early as possible. Thank you for your cooperation; dnd if you have any questions, please feel free to call our office. Yours very truly, GERARD P. GOEHRINGER ~IRMA~ ~/ ~ , . t~ ~inda~Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARO P. GOEHRINGER, CHAIRMAN CHARLES GRiGONIS, .JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI (ROBERT Discussion with following to May 20, 1988 INFORMATION FOR THE RECORD BIDWELL PROPERTY - 1000-96-4-4.3 ) Building Inspector (Tom) today confirmed the his knowledge on this property/building: Permit #12617Z issued Sept. 17, 1983 was for the first building closest to County Road, containing bathroom, other plumbing and electrical. Use of building: agricultural/tractor storage. Fee $25.00. NYS Construction Code did not apply per Building Dept. since it is an agricultural building. CO #Z13190 was issued Feb. 5, 1985 for the agricultural barn/shed. Permit #13780Z issued March 22, 1985 was for the 48'6f' x 21' addition at rear of existing agricultural building also with electrical and plumbing facilities. Fee: $25.00-Agric. Bldg. NYS Construction Cide did not apply per Building Dept. since it is an agricultural building. CO #Z16421 was issued Nov. 18, 1987 for the agricultural addition. Discussion with Exec. Admin. (Vic) of Building Dept. today confirmed the following on this property/building: Permit Application received Aug. 25, 1987 for winery and new building Addition and Alterations to Existing Agricultural Barn was denied Oct. 1, 1986 for ZBA Special Exception and Planning Board site-plan approval for winery. Total area of winery confirmed to be 5,888 sq. ft. by Mr. Bidwell 5/20/88 to ZBA. Permit Application received Oct. l, 1986 for the same building 75' by 40' was issued under #15622Z on Jan. 12, 1987 for addition to agricultural building. Est. Cost $100,000. Fee paid: $25. As of 5/20/88 building addition under BP #15622Z i~existing and no inspections have been made to date per Bldg. Permit files. NYS Construction Code does not apply since it is an agricultural building. No Cert. of Occupancy has been issued or applied as yet. Planning Board site-plan application is pending since April 12, 1988. Z.B.A. Special Exception applicatioh is pending since April 28, 1988. Plan for floor layout of winery has not been furnished and it appears additional site-plan elements are needed for PB (and ZBA) concerning parking layout, egress, ingress, screening, etc. Southold Town Board of Appeals MAIN ROAD- 8TAT~ ROAD 25 BOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS June 2~ 1988 GERARD P. GOEHRINGER, CHAIRMAN S oE.Q oR.A. CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT 3. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significancm APPEAL NO.: 3732 SE PROJECT NA~iE: ROBERT E, BIDWELL 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. This board determines the within pro3ect not to have a slghlfl- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ .] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Special'Exception for a Winery for the for the production and retail sale of wine LOCATION OF PROJECT: Town of Southold, particularly known as: S/s County Road 48% 96-4-4. 3 County of,~ffolk, more Cutchogue, REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town }[all, Southold, NY 11971; tel 516- 765-1809 or 1802. ' ' · Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) Information. has been submitted'by applicant or his agen~ indicating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. mc ~0TICE OF ~HEARING~, NOTICE IS .H~I~. BY GIV- EN, purser tO.on 267 of the TOw~]~w ~fae Code 6f the ~n ~f Southold,:the follo~fi$ heari~s will be held ~ the SOU~OLD ~WN S~ial M~ffg ~{hold Town Hall, Main Road, Southold, New York, on THU RSDAY~ at thc following times: 7:30 p.m. Appl No. 3718- PATRICIA STEGNER. Variance to t~ ~ning Or- dinance, Article XI, S~tion 1~-119.2B for permissibn to locate n~ dwelling with an in- sufficient setback from existing bulkhead. ~ation of Pro~r- 1y: 470 Private Road NoA2 (off the ~uth Side of M~n ~ Road), Southold, ~; ~unty ~ Map ~1 N~ !~5 and 10.2 (now 10.3)~ -~ 7:35 p.m. AppL No. 3723- Variance to the ~ni~ Or- dinance, Article XI, ~tion I~-I1Q2B for pe~iss~n to constru~ deck addition at ~ar of dwelling with an insufficient setback from existing bulkhead at Budd's Pond, 1~5 Budd's Pond Road, Southold, NY; Willow Point Subdivision ~t No 11; County Tax Map ~rcel No. 1~-56-5-13.1 (or 13). ~ ~ 7:40 p.m. AppI.No. 3732-~ ROBERT E. BIDWELL.~ Special Exception to the ~ning ~ Ordinance, Article Ill, Section ] 1C~-30B(14) for a Wine~ for the / production and r~il sale of/ wine produced from g~pes primarily grown at the Bidwell ~ Vineyards, p~mises located at ~ the South Side of C.R. 48,~ Cutchogue, NY; County ~x~ Map Parcel No. 1~-4-4.3~ (pr~. p/o 4.1). ) 7:45 p.m. Appl. No. 3717-~ FREDERICK KOEHLERi JR. Variance to ihe ~ning Or- dinance, Article XI, Section 1~-119.2B for permission to existing bulkhead a[ Cutchogue Harbor, p~mises known as 575 Old Harbor Road, N~ Suffolk, NY; Couniy ~ Map ~1 No. 1~-117-3-6. 7:50 p.m. Appl. No. 3729- ~ V~i~s to the Zoning Ordinance, Arti- cle ill, Section I~31, Bulk ~hedul~ lbr: (a) appm~l of in- sufficient lot area or proposed ~t No. 2; (b) appro~l of insuf- fluent lot depth of p~s~ ~t No. 2; (c) approval of yard set- backs ~ apply fmm the n~ division lin~ to the ~isting dwellings. ~cation of Pro~r~ ty: Right-of-~y off ~11 Hill ~U~ ~ish~s l~land, NY; COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ....................... /.... weeks successively, commencing on the .......... .~.. (( . .c~,. ..... day ovf/~::: ;.~ :,/.e~, ....... 19 ..... , Sworn to before me this ..................... day of ........ .......... Notary Public BARBARA FORBES Notary P~blie., State of New Yark No. ~ Qualified in Suffolk ~onnty N~F ~EARINGS 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 ~ at a Special Meeting at the SouthoId Town Hall, Main Road, Southold, New York, on THURSDAY. JUNE 2. 1988 at the following times: 7:30 p.m. AppL No. 3718 - ?ATRICIA STEGNER. Variance to the Zoning Ordinance, Article Il, Section 100-119.2B for permis- sion to locate new dwelling with an insufficient setback from exist- ing bulkhead. Location of Prop- erty: 470 Private Road #12 (off the South Side of Main Bayview Road), Southold, NY; County Tax Map parcel No. 1000-78-6-5 and 10.2 (now 10.3). 7:35 p.m. AppL No. 3723 - ANGELO SPETSIOTES. Variance to the Zoning Ordinance, Article II, Section 100-119.2B for per- mission to constract deck addition at r~al of dwelling with an insuffi- cient setback from existing bulk- head at Budd's Pond, 1045 Budd's Pond Road, Southold, NY; Willow Point Subdivision Lot #11; County Tax Map Parcel No. 56-5-13.1 (or 13). ~ 7:40 p.m. AppI. No. 3732 ROBERT E. BIDWELL. Special Exception to the Zoning Ordi anco, Article Iii, Section 10C ~0B(14) for a Winev~ for the pro- duction and retail sale of produced from grapes primarily grown at the Bidwell Vineyards, premises located at the South Side of C.R. 48, Cutchogue, NY; x,~ountv Tax Map Parcel No. 1000- ~astcriy aldeyard setback and insufficient setback from top of bluff along the Long Island Sound, premises known-Is 380 Private Road No. 3 (d~d, ing off the West Side of Re._../ Point Road), East Marion, NY; County Tax Map Parcel No, 1000-21-1-2. 8:30 p.m. AppI. No. 3726 - CLIFF & HILL'S LOBSTER HOUSE. Variance to the Zoning Ordinance, Article VI, Section 100-60C for permission to erect off-premises- advertising sign for restaurant (previously Beachwood Cafe). Location of Premises for Sign: South Side C.R. 48, Southold, NY; Co~nty Tax Map Parcel No. 1000- 59-10-4. (Owner: Edward F. Kester). 8:35 p.m. AppL No. 3721 - Ii;I, ISSELL E, pI.ANITZER. Vail- ances to the Zoning Ordinance, Article III, Section 100-32 for permission to locate pool, fence enclosure, pergola structure, and part of garden enclosure, in the frontyard area. Location of Prop- erty: private Road, Wilderness Point, Fishers Island, NY; County Tax Map Parcel No. 1000-12-2- 6.5, 6.9 (prev. 6,6). The Board of Appeals will hear at said time and place any and all t~presentatives or persons desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submit- ted prior to the conclusion of the subject hearing. For more infor- mation, please call 765-1809. DATED: May 12, 1988. BY ORDER OF TI IE SOU'I1 IOLD qX)WN BOARD OF APPEALS GERARD P. GOEHRINGER, CIIA1RMAN Linda Kowalski, Board Secretary STATE OF NEY/YORK) COUNTY OF SUFFOLK) christina ContentO of Mattltuo~ In said County, being duly worn, says that be/sbe is pflnolpal Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, published at Mattltuok, in tim Tow· of Southold, County of SuffoEk nnd State of New Yor~ ~ that the Notice of which the annexed is o printed copy, has been rngu~is~Y publbhed in said Newspaper once each week for~ weeks successively, commencing on the 2 6 day of ~. ? ~, , //-'~Ptlncllml Clerk April 7, 1988 Zoning Board of Appeals Town of Southold Suffolk County Southold, NY 11971 To Whom It May Concern: We are enclosing herewith appropriate documents with reference to an applicaton for special exception for our ¥ineyard/winery on Route 48, Cutchogue, New York. We are also filing, simultaneously, all necessary documents with reference to the same matter, with Planning 8oard. the Please let us know if you require any further information. Very truly yours, Robert E. Bidwell /as Encl. BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of Robert E. Bidwell the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the~dersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)~Exception~(Spe~ial 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: 19250 County Route 48r CtJtchoo~m: Ny 3..Tha:.t,he property which is, the~subject of such Petition is located in the following zoning district: agricultural resioencia, 4. That by such Petition, the undersigned will request the following relief: Special exception for vineyard/winery. $. Thal the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Art. Lcle 100 Sect_ic~. 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 may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such 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 ri~ht toappear and be heatdat soch hearing.Dated: ~.'~-~.~ ~~/~ Petitioner Owners'Names: Robert E. Bidwell Post Office Address 27 Montrose Place M~lv~ll~, NY 11747 Tel. No. (516) 643-2444 [Copy of sketch or purposes.] plan showing proposal P-554 917 053 ~ Justyna Slaga & ano~mer ~ay"gverue Mattituck, NY 11952 PROOF OF MAILING OF NOTICE ~TACH CERTIFIED MAIL RECEIPTS ADDRESS er Bay Avenue, Mattituck, NY 11952 5755 Depot Lane, Cutchogue, NY 11935 'Depot Lane, P.O. Box 615, Cutchogue, NY 11935 c/o Riverhead Corp., Box 608, Riverhead, NY 11901 Jamaica Station, NY 11435 & others Sheila iMiddle Road, Cutchogue, NY 11935 Oregon Road, Cutchogue, Ny 11935 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: Rnh~rt-. F. IR~M~pll ;.rcsidingat?7 1,4nnfrnnF, Plnn~ Ur. 1 v ~ 11 P; NY 1 ] 747 , being duly sworn, depos~ and says that on the ~ day of A ~ r i ] ,19 ~ R , deponenl mailed a irue copy of lhe Notice set forlh on the re ve~ side hereof, directed to each of ~he above-named persons a~ the addresses set opposite thor res~ctive name; that lhe addresses sel opposile lhe names of said persons are the addresses of said persons as shown on the currenr ass~smenr roll of the Town of Southold; thal said No, ices were mailed ~ ~< ; that said Notices were mailed to eac~ said persons by Sworn ~o before me this dayof~ April -/19 88 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.} PROIECT I.D. NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION . DIVISION OF RECLJLATORY AFFAIRS Slate I:nvlronmental Qunllty Flevl~w SHORT ENVIRONIVIENTAL ASSESSMENT FO~ For UNLISTED AOTIONS Only PAflT I Prelect Info~m~llon (To be completed by Applicant o~ P~o]ect sponsor) ROBERT E. BIgWELL BIDWELL VINEYARDS 3. Prelect location: R O u ~ e ~ 8 ~ Expansion 0 Moddicado~/alteration 4. I$ proposed action: ] New 5. Describe ptolect briefly: Vineyard/winery. Located on Route 48, 800' west of Depot Lane in Cutchogue, NY Initially 14 . 96 acres Ultimately 1 4 . 9 6 acres r~ Yes - - [] No If No, descr,be briefly [] Residential [] industrial [] C ..... cial [] Agriculture [] Parkland/open space ~ O:her Vineyard --- ~ Yes ~ No If yes. list agent,s) and portal,approvals ; Building permit #1D780Z Town off Southo~d, New Yo~k Il' tho action is in tho Coastal Area, and you are a state agency, complete tho Coastal Assessment Form bolero proceeding with this assessment OVER ,3IIST~UCTIOES~ (~) 'fR order to allowor tho quo~t, ion~ in Lhl~ :ihort ~J) ~3 ~3 o3~lumod LJm~ ~h [re~arer will uu~ c~rrantly availablo tnfo~xltion concerning tho project and tho ~Oiy ~p~ct3 0% tho ~cZio~. It 19 ~ot uxp(~ctcd t ~,'it ud~ltlfnLl :~tur!loc~ roce~rc~ e~ othor tnvouti~otion~ w~l be ~dortoJcon. (b) ~ any quugtion hA~ boon ~n3worf, d ?,~c~ the pro~cct r~y Lo 21~nlFIcont nnd cc~.plotod ~nviro~entol A~uouumont Fo~ 23 (C) If a~l quustionu hovo boon ~nuwored lio it iu likol7 ~b~% thlr; Fro.),~c% i2 .~qvironmentnl A~nenn~unt Will project rooult In to the proJoct uito or than 10 acroo o£ land? '~, 10. 411. 12. a lar'go phynic~l c{~ngo phyaicnlly niter ~ore Wtl! thoro bo a major chnnF, o to nn7 ,miquo or unuuuul l~nd ~o~ lound on tho ultu? W~I ~roject ~ltor,or h~vo u ~nr{;u ufr~,ct ~n oxlutin6 body o~ ~utor? . . . W~! project {mVO ~ potentially l~r~u ~ro~.~tcr quality? . . . ....... W~i project al~ific~ntly, off~ct'drolna~?~ fl~,~ W/Il project ~f~oct nny tJ~ont.n,.I or W~i project hava'a :'~Jor offoct cn viuu~{l char.- Will proJcc~ advoruoly i~pac~ ~my ufo of h~otorlc, pro-hlstorlc~ or p~luon~ologlcnk onvlronmen~l urea by n local al{uncy? . . . W~i project have a ~Jor affect on exlut~g or future rocr~a~ional opport~itiuu? . . . Will project.result' in I~%Jnr traffic Will project have any impact ~n i>ubl Will project ~ffoct tho .xiuting c'omm,m~%7 b7 tio~ cf moro tha~ ~ portent o~,~' RNS TO TImE BOARCOF'"Ap-PEALS WIT YOUR ^PPLICATIO;( ! Please complete, sign and return to the Office of the Doard of Appeals with your completed application forms. If "Yes" is ans~.~ered to any questions below, please be sureito depict ~hese areas on your survey (or certified sketch), to scalei, and submit other supporting documenta- tion. 1. Are there any proposals tolchange or alter land contours? Yes Z.a~ *bi 3. 4. Are there any am'eas which contain wetland grasses? (Attached is a list of thelwetland grasses defined by ~own Code, Ch. 97 for your reference.) re there any areas open to a:waterway without bulkhead? Are there existing structures'at or below ground level such as patios, foundations, etc? ' Are theFe any existing or.~roposed fences, concrete barriers, decks, etc? .~ If project is proposed forlanlaccessory building or structure, is total heightlat~more than 18 feet above average ground~l? Sta~e ~otal: _ ft. If project is proposed forlprincipal building or structure, is total height at more than 35 feet above average ground~l? Sta~e ~otal: ft. Are there other premises u~der your Ownership abutting this parcel? If ~es, please submit copy of deed. Are there any building per~its pending on this parcel (or abutting land under yoqr ownership,-if any)? State Permit # and Nature: · Y'es Yes Yes · Yes Yes Yes Yes Yes 10. Do concerning these or agency (State, Planning. Board Town Board Town Trustees County Nealth Department Village' Of Greenport N.Y.S.D.E.C. Other state whether or not ap~pli~cations are pending premises before any other department Town, Couintyl, Village, etc.): Is premises pending a sale pr conveyance? If yes, please submit copy ~f names or purchasers and conditions of sale. (from cant'tact). ll. Is new construction proposeU in the area of contours at 5 feet or less as exists? 12'- If n~ew construction is PrOo~sed in an area wi~'hin 75 ~eet of wetland gras~es;,~orTland area at an eleva- tion of five feet or less abovQ mean sea level, have you made application to the~ToWn Trustees for an inspection for possible waiyer or permit under the requ!rements of Ch*. 97 Qf l~he Town Code? 13. Please list present use or Qpenations Conducted upon the subject Pr9Perty at this time vineyard/winery ,pl~__and pro. posed ~v~6-~ya~d/winer y~ ! _ ud~e..,s, um, ll; phox~K6grj~p'hs for t'h~ recjzrd. Certify that t~l) a_b<j~ve st.~-~emenCs/.~F~)true and are being submitted reliance by ~eal~~rin9 ,ny application. S)gnacure ~Property O~.mer) ~Au~l!~d~gent) Yes Yes Il Yes Yes N~ Yes Yes Yes Yes ~ Ye s .~) Yes for 3/c7 lk (, WETLANDS Tho Town of ~ 97-]3 ~PRUSTEES .~. Tho Board of Trustees of tho Town of ~outhold. [Added 6-5-84 by L.L. No.' 6d9841 I~ETLANDS [Amended 8-20-76 by L.L. No. 2-1976; bg L.L. No. 6-1085]: %' TIDAL WETLANDS: " (~) All lands generally covered or intermittently cov- ered with, ar which border on, tidal waters, or'lands lying beneath tidal waters, which a~ mean low tide are covered by tidal water~ to a maximum depth of five (O) feet, including but not limited ~ banks. bogs. salt'm~rsh, swamps, meadows, flats or other Jew lying lands ~ubject tn tidal actian; ' (2 All banks, bogs. meadows. ~a~ ami tidal subjee[ ~ such tides and upon wlficl~ grmvs or may grow some or any. of tl~e followiag: salt hay. black grass, salt~vor~, sca'lavender, ~ll cordgrass.' high bush. cattaih, grouadsel, marshmallow and march cordgraaa; and/or II I~nd ~mmedi=tely ad~=cent to = thhd wu&md as defined n SubseCnon Al2) ~d lyin~ within Seven- ty-five (?~) feet laudwanl of the mint hmdwanl edge o~ such ~ tidal wetland. B. FR~SIIWAT~R WETLANDs: (1) "Freshwater wetlands" as defined in Article 2.t. lie 1, ~ 24-0107. Subdivisions l(a) to l(d) inclusive. of the Enviromnen~d Coaservatlo~ Law of ~he S~ale ~ of New York; and [(2) iAI] land mmedmteh, ad~acent ~ ,, . · to a "frvshwaler wet- ~and. asdefined ' · · m Suhaoctton Il(l) ami lying with, m seventy-five {75) feet landward of the moa[/and- ward edge of a "froshWater wetland." ~705 ist. 000 lk. ot THI~ INDENTURE, made the 2 8th day of October, nineteen hundred and eighty-two, BErWEEN MARY HARRIS, residing atnRoute 48, Cutchogue, New York 11935, party~the§rstpart, and ROBERT E. BIDWELL, residing at 27 Montrose Place, Melville, New York, and EDWARD J. HALLSTEIN, residing at 88 Howell Drive, Smithtown, New York, each as to a one-half undivided interest as tenants in common, party ofthe second part, WITNE~$ETH, thatthe pa~y ofthe first part, iq consideration of Ten and 00/100 ........... ............................. ( $10.00 ) ......................... ~ollars. lawful money of the United States, and other good and valuable consideration paid ~,~y the party of the second part. does hereby grant and release unto the party of the second part, the heirs, or rs and assigns for the party of the second part forever, '~L that certain plot. piece or parcel of land. ~i~Y4~l~il~Y~i¥.4h~.~T~i~'~Td~t~31'~Y41~tikl~ situate, lying and being i~:~il~x at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the southeasterly side of Middle Road County Road 48 where same is intersected by the division line between the northeasterly side of the hereinafter described premises and the southwesterly side of land now or formerly of G. Chudzinski; RUNNING THENCE South 38 degrees 14 minutes 00 seconds East, along land now or formerly of G. Chudzinski and along land now or formerly of J. Zuhoski, 632.80 feet to a monument and land now or formerly of Pollah; THENCE along the last mentioned land the following two (2) courses and distances: 1. South 55 degrees 13 minutes 20 seconds West, 283.02 feet to a monument; 2. South 38 degrees 00 minutes East, 198.50 feet to a monu- ment on the northwesterly side of the Long Island Rail- road Company; THENCE South 60 degrees 10 minutes 30 seconds West, along the last mentioned land 654.78 feet to a monument and land now or formerly of Edward Zuhoski; THENCE North 35 degrees 49 minutes 20 seconds West, along the last mentioned land, 352.13 feet; THENCE North 37 degrees 04 minutes 20 seconds West, still along the last mentioned land, 235.51 feet to land now or formerly of Mary Haurus; THENCE along the last mentioned land the following two (2) courses and distances: North 52 degrees 55 minutes 40 seconds East, 198.76 feet; North 37 degrees 04 minutes 20 seconds West, 190.15 feet to a monument on the southeasterly side of Middle Road County Road 48; THENCE along the southeasterly side of Middle Road, County Road the following two (2) courses and distances: North 59 degrees 18 minutes East, 32.00 feet; Northeasterly along the arc of a curve bearing to the left, having a radius of 5789.58 feet, a distance along said curve of 679.42 feet to the monument at the point or place of BEGINNING. 48, TO~ETH~.I~ with ell rights, title end interest, if any, of the party of the first part in and to any streets and roads abutting the above deecribed premises to the center lines thereof. TO(]ETHER with the appurtenances a nd all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs of successors Ind aesigne of the party of the second part forever. ~ the party of the firat part covenants that the party of the first part has not done or suffered anything whereby the Ilid pr®milel have been incumbered in any way whatever, except as aforesaid. 4~ the per~ty of the first pert, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied firlt for the purpose of paying the cost of the improvement and will apply the same first to the payment of the COat of the improvement before using any part of the total of the same for any other purpose. The word 'party' ahall be construed as if it read "parties" whenever the sense of this indenture so requires. IN YVl'll~r:~ ~EREOI:o the party of the first part has duly executed this deed the day and yea r first above written. Mary Har~/~s STATE OF NEW YORK, COUNTY OF On the '~day of ~_~C F'~g~e.~.. personally came MARY HARRIS SUFFOLK, ss: 19 82 ,before me to me known to be the individual, described in and who executed the foregoing i~,str~'J'ment,,and ~ ~D J, ~RON ~ ~12~ - ~uffo~k C~ STAT~ OF N~W YO~K, COUN~ O~ ~s: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and ~ay that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF On the day of personally came ss: 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 . before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that ho roaidu et No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, wu pruent end sow execute the same; and that he, laid witness, at the same time subscribed h name aa witneu thereto. With Covenant Agalrmt Grentor's Acts MARY HARRIS TO ROBERT E. EDWARD J. BIDWELL and HALLSTEIN TITLE INSURANCE Compar~ of New Ycxk Ti SECTION BLOCK LOT COUNTY OR TOWN TITLE INSURANCE CempanV o~ New ~xk RETURN BY MAIL TO Glenn Habermann, Esq. Seltzer and Sussman, Esq$. 1250 Broadway New York, N.Y. 10001 Z~ No. , 1000 CONSULT YOUR LAWYER BEFORJ SIGNING THIS INSTRUMENT--THIS INSTRUML~'NT SHOULD BE USED BY LAWYERS ONLy. THiS INDF2q'llJRF.., made the 91~1 day of October , nineteen hundred and BETWF..F.~ PATRICK F. O0BMAN, residing at (No #) DeFxYc Lar~, Cutchogue, New Yo~k 11935, and JOSEPHINE MAC~INCHICK, residing at 962 Ostrander Avenue, Rix~rhead, New York 11901, eighty four party of the first part, and NOBER~ E. BII2W~,T,T,~ residing at 27 M~ntr~se Plaoe, M~lville, New York 11747, party of the .second part, Wl'rNF..S$~"'rH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ~l~qa~ceC~r ~n~pr~toe:~eScte J~par?el of land, with the buildings and improvements thereon erected, situate, lying and b~ing~ at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the point where the described premises intersects the land of Charles & Janet Hanna; RUNNING THENCE the following courses and distances: South 52° 29' 30" West 180 feet to a point; THENCE South 38° 13' 30" East 200 feet to a point; THENCE South 52° 29' 30" West 455.01 feet to a point; THENCE North 36° 39' 20" West 342.96 feet to a point; THENCE North 37° 41' 30" West 1031.17 feet to a point; THENCE North 52° 14' 00" East 615.97 feet to a point; THENCE South 38° 13' 30" East 688.95 feet to a point; THENCE South 51° 46' 30" West 265.00 feet to a point; THENCE South 38° 13' 30" East 214.00 feet to a point; THENCE North 51° 46' 30" East 265.00 feet to a point; THENCE South 38° 13' 30" East 274.00 feet to the point or place of BEGINNING. TOG ILTIIt{I.I with all right, title and interest, if any, of the party of the first part in and to any streets and to:ills almttmg thc al~ve described prenlises to the center lines thereof; TOGI{THER with the appurtenances aud all thc e,tate aud rights of the party of the first part in and to said premises; TO HAVE AND TO I IOlJ) the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the filst l)art covenants that tfie party of thc first part tins not done or suffered anything whereby the ~aid prt~uisex, have been encumbered in any way whatever, except as aforesaid. AND th~' ~mrty'~ ~he~st par~; in compliance with So.ion 13 ~ the Lien ~w, covenants that the ~rty the fir.t part ~fil r~elve the cons~de~tmn for 'tMs ~nve ance and wdl hold the n t ' " ' " ' ' y ' 'gh to receive su~,~fnsM- eration as a trust fund to be appli~ first for the ~ o{ ~ying the cost of the improv~ent and ~1[ the same first to the ix~yment o~ the c6st ~ ~prov~ent before using any ~rt of the ggtal of the ~e fo~ any other purt~se. The ~rtl "party" shall be construed as if it read "pa~ies" whenever the sense of this indenture so requires. IN W~N~ WH~OF, the ~rty of the first ~rt has duly ~uted this deed the day and year first ~ve written. IN P~NC~ ~1 STATE OE ?W YORK. CO""'YOE ":1 On the ~/~ day of (~ (.'~ 19 . ~fore m~ ~rson~ly ~e ~ PA~ F. ~ ] to me known to be the indi~du~ descri~ in and who/ executed the foregoing instru~ and acknowledged thane he ~uted the ~~~~~~ / I No. 62.42Sg000 - ~ ~ GXl)lrae Ml.:h SC STATE nE NEMf YORK, COUNTY nE ss~ On the day of 19 ,hefor¢ me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by 01~r ~ the board of directors of said corpora- tion, and tha~' h~ siffm~d h name thereto by like order. ~llat~aiu an~ ~alt ~tt~ ~vVI I H COVENANT AGAINS'I GRANI OR'S /~C [ S T - N. Y. PATRICk< F. O01%g~lq & JOSEPHINE I~%CMI]J~IICK TO I~CMEI~ E. BIEWRL~, STATE OF NEW yORK. COUNTY OF ~3 I.f '~ 1 ",~. ss: Ou the ~.-/~_day of ~)' ~"~'~'e'.~..~ 1984 , ~fore me personal~y c~e J~ ~I~ to me known to ~ the individual ~scri~d in and who ex~uted the foregoing instrument, ~d acknowledged that ;TATE O1~ NEW YORK, COUNTY O$ ss: On the day of 19 , before me ~ei'sonally came the subscribing witness to the foregoing instrument, with whom ! am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual~ described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION BLOCK LOT COUNTY OR TO~/N TAX BILLING ADDRESS STANDAIIO ~OaM n; NIW YOIKK BOAaD O(: TffL~E UNDE~WKIYEKS TITLE GUARANTEE- NEW YORK ATICOR TITLE INSURANCE COMPANY GIA-"NN I. tlABEi~MANN, ESQ. SELTZER & SUSSMAN 1250 Broadway New York, New York 10001 Zip No. y, ~b OFESETS FROM STRUCTURF.5 TO RELATIVE BOUNDRY LINES, ON SURVEY, ARE FOR A SPECIFIC USE ONLY, AND SHOULD NOT BE USED FOR CONSTRUCTION OF FENCES OR OTHER STRUCTURES. NOTICE THIS ARCHITECTURAL AND EN- GINEERING DRAWING IS GIVEN IN CONFIDENCE. NO USE OR DISSEMINATION MAY BE MADE WITHOUT PRIOR WRITTEN CON- SENT OF THE ENGINEER. ALL COMMON [.AW RIGHTS Of COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. ~P tii I I ] I I Ii [ ~T~. ~ .~jAY I~ ~T~ I 75 ~T~ TOWN HALE MAIN ROAD - S.R. 25 ~OU~HO~D~ H.Y~119~ REV.. DATE NATURE OF REVISION 6ULDI & SHOW£ES CONSULTING PROFESSIONAL ENC*{INEERS WESTHAMPTON BEACH, N.Y. [616) 288-6201 ~.,._1,.~,