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,.~,