HomeMy WebLinkAboutPB-11/07/2016 MAILING ADDRESS:
PLANNING BOARD MEMBERS ®F s®Ur P.O.Box 1179
DONALD J.WILCENSKI ®V�� y®l® Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
PIERCE RAFFERTY G ® Q 54375 State Route 25
JAMES H.RICH IIIa
®l (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR yC®Up�'�`Lv Southold,NY
�V Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES
November 7, 2016
4:30 p.m. RECEIVED
Present were: Donald J. Wilcenski, Chairman
James H. Rich III, Vice Chairman A 8 f01
Martin Sidor, Member
William Cremers, Member Southold Torn Clerk
Pierce Rafferty, Member
Heather Lanza, Planning Director
Brian Cummings, Planner
Jessica Michaelis, Clerk Typist
SETTING OF THE NEXT PLANNING BOARD MEETING
Chairman Wilcenski: Good afternoon ladies and gentlemen and welcome to the
November 7, 2016 Planning Board Public Meeting. The first order of business is for the
Board to set Monday,.December 5, 2016 at 4:30 p.m. at the Southold Town Hall, Main
Road, Southold, as the time and place for the next regular Planning Board Meeting.
James H. Rich III: So moved.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by-Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
I am recusing myself from the next project, Vice-Chairman Rich will take over.
Southold Town Planning Board g e 12 November 7, 2016
BOND DETERMINATIONS
Accept Bond Estimate:
Vice-Chairman Rich: James Creek Landing - This proposal is to subdivide a split-
zoned parcel into five lots where Lot 1 = 2 acres inclusive of a 1 acre Open Space
Easement Area; Lot 2 = 2 acres inclusive of a 1.2 acres Open Space Easement Area;
Lot 3 = 5.5 acres inclusive of a 1.3 acres Open Space Easement Area; and Lot 4 = 3.7
acres inclusive of a 1.7 acres Open Space Easement Area in the R-80 Zoning District.
Lot 5 = 1.8 acres inclusive of 0.3 acres of Open Space Easement Area and is located in
the B Zoning District. The property is located at 11950 NYS Route 25, on the west side
of NYS Route 25, approximately 280' south of New Suffolk Avenue in Mattituck.
SCTM#1000-122-3-1.4
Pierce Rafferty: Mr. Vice-Chairman, I offer the following:
WHEREAS, this proposal is to subdivide a split-zoned parcel into five lots where Lot 1 =
89,257 sq. ft. inclusive of a 44,604 sq. ft. Open Space Easement Area; Lot 2 = 90,713
sq. ft. inclusive of a 50,351 sq. ft. Open Space Easement Area; Lot 3 = 237,667 sq. ft.
inclusive of a 57,878 sq. ft. Open Space Easement Area; and Lot 4 = 159,987 sq. ft.
inclusive of a 75,152 sq. ft. Open Space Easement Area in the R-80 Zoning District. Lot
5 = 77,747 sq. ft. inclusive of 14,596 sq. ft. of Open Space Easement Area and is
located in the B Zoning District; and
WHEREAS, on January 12, 2016, the Southold Town Board approved the Bond
Estimate in the amount of$103,540.00; be it therefore
RESOLVED, that the Southold Town Planning Board hereby accepts Bridgehampton
National Bank Irrevocable Letter of Credit No. 17000503 in the amount of$103,540.00
and recommends the same to the Southold Town Board.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
I will now turn the dais back over to Chairman Wilcenski.
Southold Town Planning Board Page 13 November 7, 2016
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
SEQRA Determinations of Significance:
Chairman Wilcenski: Threes Brewing East- This Site Plan Application is for the
proposed construction of a 100' x 65' (6,500 sq. ft.) steel building for production
(brewery with no retail), office and storage with 21 parking stalls on 0.96 acres in the
Light Industrial Zoning District, Cutchogue. The property is located at 12820 Oregon
Road, the south corner of Cox Lane & Oregon Road, Cutchogue. SCTM#1000-83-3-4.6
Martin Sidor: I am recusing myself from this project.
Chairman Wilcenski: Please note Member Sidor is recused from this project.
James H. Rich III: Mr. Chairman, I offer the following:
WHEREAS, this Site Plan Application is for the proposed construction of a 100' x 65'
(6,500 sq. ft.) steel building for production (brewery with no retail), office and storage
with 21 parking stalls on 0.96 acres in the Light Industrial Zoning District, Cutchogue;
and
WHEREAS, the Southold Town Planning Board establishes itself as Lead Agency for
this coordinated, Unlisted Action; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed
action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action,
nor does it meet any of the criteria on the Type II list of actions; be it therefore
RESOLVED, that the Southold Town Planning Board takes Lead Agency for this
Unlisted Action.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 14 November 7, 2016
James H. Rich III: And be it further
RESOLVED, that the Southold Town Planning Board, as Lead Agency, pursuant to
SEQRA, hereby makes a determination of non-significance for the proposed action and
grants a Negative Declaration.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes. (William Cremers, Pierce Rafferty, Chairman Wilcenski)
Opposed?
James H. Rich III: Yes, I'm opposed.
Chairman Wilcenski: Please note that. Motion carries.
SEQRA Findings:
Chairman Wilcenski: The Heritage at Cutchogue —This proposed Residential Site
Plan is for the development of 124 detached and attached dwellings classified in three
types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq.
ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there
are proposed the following: a 6,188 sq. ft. community center with an outdoor swimming
pool, one tennis court, 284 parking spaces of which 256 are associated with the
individual dwelling units and 28 are associated with the community center, and various
other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet
Density (HD) Zoning District located on the n/w corner of Griffing Street and School
House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. SCTM#1000-
102-1-33.3
Martin Sidor:
WHEREAS, on December 8, 2015, the Southold Town Planning Board, as Lead Agency
and pursuant to the State Environmental Quality Review Act, found The Heritage of
Cutchogue (SCTM#1000-102-1-33.3) Draft Environmental Impact Statement adequate
and acceptable for public review, held the requisite public hearing and public comment
period, reviewed all comments and completed a Final Environmental Impact Statement
(FEIS); and
WHEREAS, on August 22, 2016, the Southold Town Planning Board found the Final
Environmental Impact Statement to be complete and submitted the Notice of
Completion pursuant to Part 617 of the implementing regulations pertaining to Article 8
of the Environmental Conservation Law;-therefore be it
Southold Town Planning Board Page 1 5 November 7, 2016
RESOLVED, that the Southold Town Planning Board, as Lead Agency, hereby adopts
the attached Findings Statement for The Heritage at Cutchogue Residential Site Plan in
consideration of the Final EIS and pursuant to Article 8 of the Environmental
Conservation Law (State Environmental Quality Review Act) and the implementing
regulations of 6 NYCRR Part 617, which statement is incorporated herein by reference.
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLANS
Determinations:
Country Car Wash Additions - This Amended Site Plan Application is for two roof
additions at 24' x 32' and 24' x 28' (1,440 total sq. ft.) to an existing 960 sq. ft. car wash
facility on 0.918 acres in the General Business Zoning District. The property is located
at 6565 NYS Route 25, ±724' s/w/o Bray Avenue & NYS Route 25, Mattituck.
SCTM#1000-125-1-19.5 TABLED
Chairman Wilcenski: We need a motion to table Country Car Wash Additions.
James H. Rich III: 1 make a motion.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: The Heritage at Cutchogue - SCTM#1000-102-1-33.3
Southold Town Planning Board Paye 16 November 7, 2016
William Cremers:
WHEREAS, this proposed Residential Site Plan is for the development of 124 detached
and attached dwellings, with three base designs: 48 "Type A" units (1,999 +/- sq. ft.
livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units
(1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq.
ft. clubhouse with an outdoor swimming pool, one tennis court, 284 parking spaces, of
which 256 are associated with the individual dwelling units and 28 are associated with
the community center, and various other associated site improvements, on a vacant
46.17-acre parcel in the Hamlet Density (HD) Zoning District located at 75 Schoolhouse
Road, at the northwest corner of the intersection of Griffing Street and Schoolhouse
Road in Cutchogue; and
WHEREAS, on January 2, 2015, John Wagner, agent, submitted a revised application
together with a revised DEIS using the original scope and other SEQRA procedural
documentation from the 2005 application, and also based on a Stipulation of Settlement
in September 2014 regarding the 2005 application; and
WHEREAS, at the Work Session held on February 9, 2015, the Planning Board found
the application incomplete for review, requiring revisions to the Site Plan and additional
information; and
WHEREAS, on February 9, 2015, John Wagner, agent, submitted revised plans for the
application; and
WHEREAS, on March 3, 2015, John Wagner, agent, submitted revised plans and
supplemental information for the DEIS to be consistent with the Site Plan application;
and
WHEREAS, on March 10, 2015, VHB, technical consultant to applicant, submitted a
revised DEIS for the proposed action; and
WHEREAS, on March 12, 2015, the Planning Board authorized AKRF for environmental
consultant services detailed in the agreement for technical assistance not to exceed
$18,500; and
WHEREAS, on March 25, 2015, John Wagner, agent, submitted a draft overall site
development plan for review; and
WHEREAS, at the Work Session on April 6, 2015, the Planning Board found the
application inconsistent with the Stipulation of Settlement and incomplete for review,
requiring revisions to the Site Plan and information; and
WHEREAS, on April 30, 2015, John Wagner, agent, submitted revised plans and
supplemental information; and
WHEREAS, on May 11, 2015, the Planning Board sent a letter to the applicant noting
that the revised plans did not meet all that was required in the April 22, 2015 letter; and
Southold Town Planning Board Page 17 November 7, 2016
WHEREAS, on July 16, 2015, John Wagner, agent, submitted revised site plans,
revised DEIS and supplemental information for review; and
WHEREAS, on August 5, 2015, the Planning Board found the information submitted to
be consistent with the Stipulation but the application remained incomplete; and
WHEREAS, on August 7, 2015, John Wagner, agent, submitted the remaining required
items, including the existing conditions surveys, plans and supplemental information for
review; and
WHEREAS, at the Work Session on August 11, 2015, the Planning Board found the
application complete for review and set the preliminary public hearing for August 31,
2015; and
WHEREAS, on August 31, 2015, a Preliminary Public Hearing was held and closed;
and
WHEREAS, at the Work Session on September 14, 2015, the Planning Board found the
DEIS inadequate for public review; and
WHEREAS, on September 16, 2015, the Suffolk County Department of Health Services
(SCDHS) submitted a letter to the Planning Board stating that the proposed application
currently before the SCDHS for the subject parcel is outdated and incomplete; and
WHEREAS, on October 2, 2015, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments;
and
WHEREAS, on November 2, 2015, the New York State Department of Transportation
(NYSDOT) provided multiple comments to the Planning Board and required the
applicant to obtain a Highway Work Permit; and
WHEREAS, on November 4, 2015, VHB, consultant to applicant, submitted a revised
electronic copy of the Traffic Analysis; and
WHEREAS, on November 11, 2015, VHB, consultant to applicant, submitted a revised
DEIS (redlined) to Planning Board; and
WHEREAS, at the Public Meeting on December 7, 2015, the Planning Board found the
DEIS adequate for public review and set the combined Public Hearing for the DEIS and
the Site Plan Application for Monday, January 11, 2016; and
WHEREAS, on December 12, 2015, the Planning Board, as Lead Agency, filed
the Combined Notice of Hearing and set the public comment period for publishing the
Notice of Completion; and
WHEREAS, on January 11, 2016, a Public Hearing was held and kept open to answer
substantive public comments regarding the DEIS and Site Plan Application; and
WHEREAS, on January 19, 2016, the Suffolk County Water Authority (SCWA) provided
comments and concerns to the Planning Board regarding the proposed action; and
Southold Town Planning Board Page 18 November 7, 2016
WHEREAS, on January 19, 2016, the Suffolk County Planning Commission (SCPC)
provided comments to the Planning Board regarding the proposed action; and
WHEREAS, on February 10, 2016, Charles Kuehn, Architect for applicant, submitted
revised floor plans; and
WHEREAS, on February 10, 2016, the Architectural Review Committee (ARC) provided
comments and primary concerns to the Planning Board and tabled the application; and
WHEREAS, on February 22, 2016, the combined public hearing was held and closed
with written comments accepted for a period of two weeks thru March 7, 2016, 4:00
p.m.; and
WHEREAS, at a work session on March 7, 2016, the Planning Board discussed the
next steps of the site plan process and DEIS, including staff comments; and
WHEREAS, on April 4, 2016, the Planning Board, as Lead Agency, sent a request for
inspection of jurisdictional wetlands to the Southold Town Trustees to verify if seasonal
wetlands exist on site; and
WHEREAS, on April 14, 2016, the Town Trustees provided comments to the Planning
Board regarding a site visit to determine the existence of seasonal wetlands on the
subject parcel, the Trustees found no sign of seasonal wetlands on site; and
WHEREAS, on April 19, 2016, the Southold Town Transportation Commission
submitted comments to the Planning Board with seven (7) recommendations; and
WHEREAS, on April 20, 2016, the Cutchogue Fire District submitted comments to the
Planning Board with several concerns regarding emergency access, water supply, on-
site medical care and the potential impacts on the Cutchogue Fire Department; and
WHEREAS, on April 21, 2016, the Office of the Town Engineer submitted comments to
the Planning Board requiring revisions to the proposed application; and
WHEREAS, at a work session on April 25, 2016, the Planning Board reviewed
comments received from referrals and staff analysis for the proposed the Site Plan
Application; and
WHEREAS, on April 29, 2016, the NYSDEC submitted comments to the Planning Board
that a State Pollutant Discharge Elimination System (SPDES) permit may be required
for the proposed action, in addition to storm water coverage; and
WHEREAS, on August 22, 2016, the Planning Board found the Final Environmental
Impact Statement to be complete and authorized that the Notice of Completion be
submitted pursuant to Part 617 of the implementing regulations pertaining to Article 8 of
the Environmental Conservation Law within five business days of the resolution and
established the public consideration period for the FEIS for 14 days upon the filing of
the Notice of Completion; and
WHEREAS, on August 23, 2016, the Planning Board sent a revised storm water
management control plan to the Office of the Town Engineer for review; and
Southold Town Planning Board Page 19 November 7, 2016
WHEREAS, on October 4, 2016, the Town of Southold Local Waterfront Revitalization
Program (LWRP) Coordinator reviewed this application, and has recommended the
proposed project be found consistent with the policies of the Southold Town LWRP to
the greatest extent practicable with consideration of the following: the subject file, the
Draft Environmental Impact Statement, and the Final Environmental Impact Statement;
and
WHEREAS, on November 7, 2016, the Southold Town Planning Board, as Lead
Agency, adopted the Findings Statement pursuant to Article 8 of the Environmental
Conservation Law (State Environmental Quality Review Act) and the implementing
regulations of 6 NYCRR Part 617, which Statement is incorporated herein by reference;
be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action, upon meeting the conditions listed herein, is consistent with the policies of the
Town of Southold LWRP.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
William Cremers: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Approval of the Residential Site Plan application entitled "The Heritage at Cutchogue"
prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., dated as
submitted on January 2, 2015, with revised plans dated as submitted on June 3, 2016,
with all conditions listed on the attached pages.
William Cremers: There are 43 conditions and copies of the resolution and the
conditions will be available in the Planning Staff office on Wednesday, November 9,
2016.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
Southold Town Planning Board P a 9 e 110 November 7, 2016
None.
Motion carries.
PUBLIC HEARINGS
Chairman Wilcenski: 4:31 p.m. - Purita Winery - This Site Plan is for the proposed
construction of a 30' x 90' (2,652 sq. ft.) addition to an existing 71' x 90' (6,422 sq. ft.)
wine production building to expand the current uses of wine production and storage (not
open to the public) on a 0.76 acre parcel (SCTM#1000-51-3-5) with an existing single
family dwelling and nine (9) parking spaces. The subject parcel is proposed to be
merged with an adjacent 2.7 acre reserve area (SCTM#1000-51-3-4.11) which is
attached to ±18.8 acres of farmland (SCTM#1000-51-3-4.14) with Development Rights
held by Suffolk County in the AC Zoning District. The property is located at 5195 Old
North Road, ±420' s/w/o County Road 48 & Old North Rd., Southold. SCTM#1000-51-3-
5, 4.11, 4.12, 4.13 & 4.14
Chairman Wilcenski: At this time I'd like to open up the floor to the audience, if
anybody would like to address the Board on Purita Winery. Please state your name,
write you name for the record at the podium and address all your comments and
questions to the Board.
Nancy Steelman: My name is Nancy Steelman, I'm with Samuels and Steelman
Architects, we are the architect of record on this project. I just want to briefly clarify a
little bit of information that you have, just for the audience. On this property we are now
merging the two properties, there is a small 1 acre site where there is currently an
existing building, that is where the project is taking place, that is on Old North Road, it is
just east of County Road 48. This property has a total of 21 acres that development
rights have been sold, there is remaining 4.4 acres that development rights are intact.
We have 26 acres total, 16 acres of that is planted in vineyard, which meets the
minimum 10 acres per winery location. The existing building is 6,033 square feet, the
proposed addition is 3,096 square feet, the addition is primarily going to be used for
case storage and we are renovating the existing building for production. There are
currently onsite two existing trailers, one will be removed and one will be relocated. That
has received approval from the Town Board and the trailer is renewed every six months,
Gail Wickham handled that application and if you have any questions she is here, you
can speak with her about that. We are required to provide 20 parking spaces for this
use and we are proposing 9 spaces, primarily because the staffing on this building is
very small, very few people are working in this building, and then we are land banking a
total of 11 spaces, that's shown on our Site Plan where those are proposed. We are
also relocating the current driveway further east, we think that it works better, there is
more property available for parking on the east side of the building. Most of the
vegetation on the property is going to remain, except we are relocating a series of trees
on the west of the building. Those will be relocated as much as we can, they are fairly
large, we are hoping we can relocate them just further east, you'd see that on the Site
Plan. I think that is it, if you have any questions or concerns I can answer them.
Southold Town Planning Board Page 111 November 7, 2016
Chairman Wilcenski: I do have a couple of questions. There was noted on the report
that there is an existing 480 square foot dwelling.
Nancy Steelman: Correct.
Chairman Wilcenski: That's going to be remained as a dwelling?
Nancy Steelman: Yes, as a dwelling. That is actually a trailer, and that is relocated
from its current location.
Chairman Wilcenski: Okay.
Nancy Steelman: It has been permitted and if youd like more information, Gail can fill
you in on that. .
Chairman Wilcenski: Okay, do you have any other information for the record on how
much wine they produce on site now?
Nancy Steelman: They are approximately 2,500 cases and they are 16 acres on site.
Chairman Wilcenski: Okay. Where is the wine produced?
Nancy Steelman: Produced in this building.
Chairman Wilcenski: Okay. Thank you, I don't have anything else. Does anybody else
have any questions? Would anyone else like to address the Board on Purita Winery?
Please step to one of the podiums, state you name and write your name for the record
and address your comments to the Board. Anyone? If anyone wants to speak, please
raise your hand so we can move on if not. Okay seeing none.
James H. Rich III: I make a motion that we keep the hearing open for comments for 30
days.
Chairman Wilcenski: Okay there is a motion on the floor to leave the hearing open for
written comments or to leave the hearing open?
James H. Rich III: Written comments.
William Cremers: I'd rather leave the hearing open in case someone else comes in.
Chairman Wilcenski: Okay.
James H. Rich III: That is fine with me.
Chairman Wilcenski: Okay, you can make the motion.
William Cremers: I make a motion to leave the hearing open.
James H. Rich III: Second.
Southold Town Planning Board Page 112 November 7, 2016
Chairman Wilcenski: Okay so we will leave this hearing open until December 5, 2016,
which is the next Public Meeting.
Chairman Wilcenski: Motion made by Bill, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: 4:32 p.m. - Surrey Lane Vineyard - This proposed Site Plan is
for a building with a 3,610sf footprint (retail of wine, no production), second floor,
basement area for storage, and farm stand with 39 parking stalls (21 landbanked) on a
1.8 acre parcel (SCTM#1 000-69-5-18.1) adjacent to ±43.7 acres of farmland
(SCTM#1000-69-5-18.6; to be merged) with Development Rights held by Suffolk County
in the AC Zoning District, Southold. The property is located at 46975 Route 25, ±47' e/o
South Harbor Road and NYS Rt. 25, Southold. SCTM#1000-69-5-18.1 & 18.6
Chairman Wilcenski: At this time I'd like to open up the floor to the audience, if
anybody would like to address the Board on Surrey Lane Vineyard. Please step to one
of the podiums state your name and write you name for the record.
Nancy Steelman: My name is Nancy Steelman, I'm with Samuels & Steelman
Architects, I am the architect on record for this project. Just to give you some brief
information, what you said is very much what we've understood about the property. We
have 17 acres of vineyard planted, with some additional that has just recently been
planted. This building is a relatively small building, the footprint is 3,300 square feet. We
have a small tasting loft and a basement, the basement will primarily be used for cases,
case storage and barrel storage. There will be some minor production in the support
spaces that we have adjacent to the tasting room on the main floor. There is an elevator
that we have between the two spaces, so we are using that for production. We have
parking, on this we're required to provide 12 spaces, 12.1 spaces, we've provided 18
spaces with an additional 21 spaces that can be used for busy times in the fall. As we
all know, we've seen a lot of cars out here during this time frame and I think we needed
some additional parking, so we are providing 21 spillover spaces. If I can answer any
questions.
Chairman Wilcenski: Anyone have any questions for Nancy? I just was looking at the
plans, and I noticed there is a lot of outdoor, the building footprint says is 3,610 feet but
it shows, can you just explain how the outside of the premise, outside of the building
there seems to be several terraces and covered porches.
Nancy Steelman: There are covered porches on two sides and then an outdoor
terrace. We have an entry in, there is also a proposed farm stand that is part of this
application and part of the building, it's integral to the building. We have a separate
Southold Town Planning Board Page 113 November 7, 2016
garden off to one side, there will be additional tasting in that area, there is a small
tasting bar outside for seasonal use.
Chairman Wilcenski: Do you have an idea of what the occupancy of the inside versus
the outside would be once the terrace is.
Nancy Steelman: We haven't actually run that calculation. I'd say that we're probably,
the tasting room is relatively small, we're probably close to 30 people in the tasting
room. I would say the terrace is probably close to equal that. Again, they have a lot of
additional land, but I think for those terraces that's probably about 30-35 people with
tables and chairs.
Pierce Rafferty: Do you have the floor area for the covered porch areas and the
terraces and the patios.
Nancy Steelman: I don't have it on my calculations. Do you have it?
Chairman Wilcenski: I have it here on the plan. Its 1,143 square feet showing on the
Site Plan.
James H. Rich III: 1 think we'd also like to know, what is the total area of the building
with the second floor and the basement that you are going to use.
Nancy Steelman: Yes, I believe Brian you had that calculation.
Chairman Wilcenski: Do you have that Brian?
Brian Cummings: It's shown on there.
Chairman Wilcenski: The footprint just shows 3,306, the cellar storage is 1,450 square
feet, the storage area is 309, office area 160, tasting area 1,042, that was the break
down. Okay, just a couple more questions. Are the owners planning on having
weddings and special events on this site?
Nancy Steelman: Yes, I believe they will, but I have to stress, and the owner is here, I
think the approach to this project was to keep it very small and to not have many
events. A small wedding, you know some weddings at times but its, their concern is that
they understand where the industry is going and they want something very small. You
can see that's how we've designed this, it's quite small, not a lot of people and I think
there will be some special events.
Chairman Wilcenski: Okay.
William Cremers: How about limos and busses?
Nancy Steelman: And I think we can try to limit those, as we have with many of the
wineries we have done out here, by appointment only.
Southold Town Planning Board Il a e 114 November 7, 2016
Chairman Wilcenski: Okay. Anybody on the Board have any more questions for Ms.
Steelman? No, thank you. Would anybody else like to address the Board on Surrey
Lane?
Peggy Murphy: Hi there, I'm Peggy Murphy from Southold.
Chairman Wilcenski: Excuse me Ms. Murphy, can you just speak into the microphone
a little bit louder because it is hard to hear.
Peg-gy Murphy: Okay, I know you folks deal with facts and figures and that's the way it
should be, but I'd like to speak to you, not regarding the specifics of the Shanks
application, but about the two of them. I first met Liz at a meeting of the Southold
Historical Society's Trustees, she's going to crown me for mentioning this but, during
the course of the meeting and in relation to what I can't even recall, I made the
comment or observation that there were no farmers on the Board, thinking of course of
the long ago time of my youth when Southold's farm fields were filled with potatoes and
cauliflower, you can remember those I'm sure. Liz approached me after the meeting and
she told me she was a farmer and indeed she and Dave are. Their Surrey Lane farm
stand near Triangle Park certainly enhances the entrance to the Hamlet of Southold and
provides tasty produce as well. While I don't know this for a fact I think farming is
perhaps, for the Shanks, a retirement dream come true. I want to tell you that in my
eyes these folks have come to Southold with the intent of truly enriching and being a
part of the community. Liz is, as I mentioned before, a Historical Society Trustee in
which capacity she serves on various committees, including the Education of Youth
Committee, which is a favorite of mine. One day I was parked at McCabes Beach and
notice a small lending library on a post near the entrance to the beach, a Shanks
project. David serves on the Board of the Southold Free Library as well as overseeing
their farm field. What I wanted you to know is that they contribute to various aspects of
our hamlet and take pride in their farming pursuits. It seems to me that the Shanks are
the kind of folks we want in Southold. So I am hoping that you all find a way to support
their request, giving back to them so to speak, as they have given to us, and thank you
for listening.
Chairman Wilcenski: Thank you. Would anybody else like to address the board. Yes.
Lucille Sullivan: Hi, Lucille Sullivan, I have two relatively simple questions. When you
look at the Site Plan that they've proposed the driveway is to the far east side, clearly on
Lower Road, and I think somebody asked a question about limos and that sort of thing,
so where are anticipating, how are we anticipating that people are going to enter, from
the intersection by the gas station and then come down Lower road? Or cut across Main
Road? I guess my thought is, that is my question, how are we anticipating that most
people are going to enter, particularly the larger cars.
Chairman Wilcenski: That's something that we will look into through the referral
process. This will be referred out to the Transportation Commission and we will take
their recommendations into consideration. That is a concern, yes.
Lucille Sullivan: Because our concern already that the intersection by the gas station
is difficult, at best, as it is with or without this project. That's definitely a concern. My
other question is the tasting room will be up front on the AC property and of course
Southold Town Planning Board Page 115 November 7, 2016
there is the winery, the farmed land, will the public be allowed to go along that land, into
the land where the grapes grow and the vegetables?
Chairman Wilcenski: No.
Lucille Sullivan: Okay, so I don't have to worry about them walking along.
Chairman Wilcenski: You can address the Board.
Lucille Sullivan: My apologies.
Chairman Wilcenski: Obviously he answered the question, I am assuming that he's
the owner and he said no but there is not supposed to be anybody on preserved land.
The public cannot park, walk, use the open space of development rights sold land.
Lucille Sullivan: Okay, those were my two questions. Thank you.
Chairman Wilcenski: Thank you. Would anybody else like to address the Board? Yes.
Theresa Ward: Good evening, my name is Theresa Ward and I am a nearby resident
at Ackerly Pond and Lower Road, also full disclosure, I am the acting commissioner of
Suffolk County Department of Planning and Economic Development. I am here to just
speak in opposition to this because this is a retail project and it's very large, 39 parking
spaces is about 8 spaces bigger than the parking lot next to Michaelangelos right out
here on Main Road and 3,600 square feet is actually a lot of selling space. If you have
two to three people come in a vehicle or you have these large vans come this will be a
heavily used facility. It's also very, its right across from a public park which people really
do utilize and they park on Lower Road, and also they use it at the peak time that this
facility would be used. So I urge you to take into consideration how people use that
public park, the potential negative impact of heavy traffic coming in and out of this area
and also the vehicle conflict that happens right there at the corner next to Catapano, is it
Main Bayview, the main intersection there. Also I spoke to the Transportation
Commission in April about how terrible that Ackerly Pond and Main Road intersection is
and that a light is truly warranted. There have been numerous accidents there and I
think we even have some people from EMS here to talk about some of those horrible
accidents that have happened there. So, I urge you, this is not about the people, they
are wonderful people and they've done great things in the Town, but Site Plan approval
is forever and that's for the next owner, that may not run it as thoughtful as these people
may run it, so I urge you to seriously consider not approving this application. Thank you.
Chairman Wilcenski: Thank you. Would anyone else like to address the Board? We
are still on Surrey Lane Vineyard. Yes.
Randee Daddona: I just want to-
Chairman Wilcenski: Please state your name.
Randee Daddona: Its Randee Daddona from Southold, the Shanks are my neighbors
and I could never hand pick two better people anywhere than these two. I think they will
do everything to make Southold great and I really believe in them. I know what the other
Southold Town Planning Board Page 116 November 7, 2016
people are saying about limos and everything but they are here to listen and they will do
something that we will use them as an example for other wineries. They should be a
role model, they really should. Take them into consideration for the future and really we
should listen to them, they would never do anything wrong for Southold.
Chairman Wilcenski: Thank you. Please sign your name for the record. Would anyone
else like to address the Board on Surrey Lane? Yes, you can just step to the next
podium please.
Steve.Mudd: Good afternoon the complete Planning Board, my name is Steve Mudd. I
like to have you folks consider supporting this project as well as other projects
pertaining to new business in Southold Town. The reason that, first of all the Shanks
have 25 acres of grapes planted there not 17 and they have been growers and have
been selling grapes as growers to other wineries. They have made wine for the past 2
or 3 years and they would like to get involved with the retail aspect of the business
because there is considerably more return back per acre doing that versus selling
directly to other wineries. So I would encourage this Board to consider approving this
application as well as other applications pertaining to potential new business in
Southold Town. I thank you for your time.
Chairman Wilcenski: Thank you. I just want to remind everybody this is an open forum
to collect information and it is somewhat in the beginning stages because we send out
referrals to over 18 agencies to get information back to make decisions. So this is
something that is not taken lightly or done quickly. Would anybody else like to address
the Board on Surrey Lane?
Nancy Steelman: Nancy Steelman, Samuel & Steelman Architects, I'd like to just make
a couple clarifications. When looking at this project from the very beginning one of our
concerns was circulation onto the site and the first thing we did was we contacted
NYSDOT to try to understand if it made more sense to locate a curb cut further west on
the property, almost opposite South Harbor. They came back, after their analysis which
took close to three months, to determine that they felt the best scenario was to locate
that curb cut as further down Lower Road as we could do it, before we got to the point
where we were in development rights sold area. So our Site Plan has been designed
based on that input from NYSDOT. The other thing I'd like to also stress is that the
parking, we are required to provide 12 parking spaces, we've decided to include 6
additional parking spaces in a gravel area that is considered a parking lot. The
additional parking is only at times of peak areas where it is going to be just on the grass.
It's not going to be paved, it's not going to be drained, it's going to be used very
infrequently. We feel that is better than parking along Lower Road with additional cars
that could stack up there, that at least we are providing some form of spillover parking.
So I just wanted to clarify those points. If you have any questions.
Chairman Wilcenski: Thank you. Someone over here, yes.
Brian Glenn: Brian Glenn, 1375 Ackerly Pond Lane, Southold. Just to reiterate what my
wife said about the traffic. There is a sign, there are two signs for Surrey Lane Vineyard
on the Main Road, there is one on the west side by where they want that proposed
building and then one further west. Can an entrance be used to access the property
from the rear and not put any impact onto Lower Road?
Southold Town Planning Board Page 117 November 7, 2016
Chairman Wilcenski: No, I believe all that land is development rights sold land.
Brian Glenn: Okay, so you can't use it, you can't cross on it.
Chairman Wilcenski: No.
Brian Glenn: Okay, so just to say the impact of that driveway is troubling to say the
least and chief you would know that there have been many severe accidents there at
South Harbor with that interchange. So just do due diligence with the Board to really
keep an eye on that traffic. As the Board knows, when we went through our process
people were very concerned about our density and our impact on Ackerly Pond Lane, I
hope that the Board shows the same due process with this project as they did with
mine. Thank you.
Chairman Wilcenski: Thank you. Could you please sign your name, thank you.
Anybody else would like to address the Board on Surrey Lane?
Carol Bradt/ Herzog: Good evening, my name is Carol Brady Herzog and I am a
Southold resident. I do not know the owners of Surrey Lane, I just know of them and
am in support of both existing wineries and future development of wineries. The
wineries have served to preserve land and restrict new development, wineries have
added the appeal of the north fork and increased the value of all of our real estate. We
should encourage additional wineries and breweries that grow their own produce and
don't have J Kings come and deliver it, which the stores do. Which further preserves the
open land rather than expanding for house development, and that adds to our school
taxes and the need for additional government services. As far as safety, how about
restricting the oversized limos from Southold Town based on turning radius? Disallow
U-Turns on several Southold streets; make them to do right, right, right. As far as
budgetary, traffic contributed to the wineries as well as the farm stand and the breweries
cause additional road maintenance, adjust upward real estate taxes on these categories
and also add a surcharge to the wine and beer produced in Southold Town. That would
help alleviate some of the financial stress. And that's my thoughts.
Chairman Wilcenski: Thank you. Would anybody else like to address the Board? You
could step to the other podium if you'd like.
David Shanks: My name is David Shanks, I am the owner of the property. When we
first came to buy this property 5 years ago, I really didn't want to have anything to do
with the public. I had been in my business and dealing with the public for 40 years and I
just wanted to get my hand in the dirt and grow things. That's how, pretty much how we
have done it. We only, unlike most places, we only sell what we grow on our property.
But as I was selling my grapes, the grapes produced such amazing wine that I wanted
people to be able to taste the wine, so we got our Farm Winery license from the state
and I started off just wanting to have people, when they came to my farm stand to buy
my produce to be able to taste the wine and buy it. It's hard to ask people to just buy a
bottle of wine without even tasting it. So I didn't really want any grand plan, any grand
building and I still don't want a grand building. I don't want to be Vineyard 48 or any of
these larger vineyards. I just want to have a place where people can taste my wine and
buy my berries and my apples and all the other things that I grow on the property. I think
that it will be a very unique place, because it won't be big. That's why I wanted my farm
Southold Town Planning Board Page 118 November 7, 2016
stand as part of the property because that's the most important thing to me, is to be a
good steward of the land and to try to sell good products to the people. On the other
hand, I don't want to constrain myself by saying I'm never going to have a wedding, I
have an unmarried daughter, I might want to have a wedding there. Am I going to make
it into a wedding place? No, I can guarantee you I'm not, in 69 years old, I don't have a
lot of energy to be a huge retail establishment. I just want to be able to sell my products
and not have to go hat in hand to other people to buy my products, I'd like to represent
them directly to the public. That's what this project is about, thank you for listening.
Chairman Wilcenski: Thank you, please write your name for the record. Anybody else
would like to address the Board? Yes.
Mike Falsetto: My name is Mike Falsetto, I am the general manager for the property
that is adjacent, touching David's property. I am here to speak on behalf of the owners,
Cynthia and Tom Rosicki, who Cynthia had some surgery and she cannot be here
tonight. They asked me to please come here on their behalf and I know these people
personally. There aren't any better neighbors, there aren't any better people and
anything that can be said in support of this project. I encourage you to support this
project because they are people that do it right. Thank you.
Chairman Wilcenski: Thank you. Anyone else? Surrey Lane, would anybody else like
to, yes?
Abigail Wickham: Good Evening, my name is Abigail Wickham, I was retained by the
owners to prepare a deed which will merge the main parcel to the farm parcel. I don't
know that that's part of the record, I think it should be so that there will be a complete
farm with both parcels intact. This to me, from the many I've handled, is not a large
winery and I think if an owner is providing extra parking to provide for eventualities that
should be to their credit and not a reason to disapprove the project. Thank you.
Chairman Wilcenski: Thank you. Anyone else? Yes sir?
William Neckham: My name is William Neckham, I am a resident of Southold and I
know the Shenks personally. You couldn't know two finer people of the highest
character and integrity and as you've heard several people say, these are people who
give generously to the community, and in a relatively short amount of time have made a
significant contribution. I am a retired partner with Price, Waterhouse & Coopers, I know
nothing about winery, I know nothing about farming, but I do have a pretty good sense
of a well-run business and we have been privileged to have a couple of tours done by
the Shenks of their property. You can see that the fervor and the pride and the attention
to detail that David oversees this farm with. We also had our three year old
granddaughter came along with us the one time and David gave her berries and gave
her a ride on the tractor, she still calls him farmer Shenks, it's really funny, we have
pictures on the farm. I'd also say that, if anybody tours this farm you can see the
operation is just well run and I am sure this new facility is going to be equally well run. I
think we want to encourage people like the Shenks to reside in our community and
establish successful businesses in our community. I will say something about the park
that the lady spoke about before and it's nice that Lower Park there, you come in and I
drive by often. I really see people there, I have on occasion seen homeless people
Southold Town Planning Board Page 119 November 7, 2016
camped out there, it seems like that's something to maybe address also. Again, I
encourage you to approve this project and thank you.
Chairman Wilcenski: Thank you. Yes sir?
Michael Murray: My name is Michael Murray and I am a resident of Ackerly Pond. I
want to address something that was just said, my house is about 150 feet away from
this park and I've never witnessed homeless people using that park, but on Saturdays
and Sundays I have witnessed families and children use that park and the grills that are
there. They tend to stay to the Lower Road side, so this way they are not near traffic on
Main. What I hear being proposed, I believe that the Shenks and Surrey Lane, and I've
been a customer of their fruit stand, but this proposal is an establishment that sells
alcohol, that will operate its peak hours from noon to sundown on Saturday and Sunday,
the same exact time that the park is in use. Lower Road is a property that has three
homes on it, mine being one of them. There is an impact that will be brought by this
project in terms of traffic, in terms of use, and in terms of character of the area. When
first saw this proposal, this proposal was about a production area, a fruit stand and a
wine tasting facility. Today we are discussing a wine tasting facility that has the
capability to be a catering hall, this is a very different use, and this will have impact on
our area. So I urge this Board to carefully work with the applicant, ask questions, screen
impact, look at traffic studies, so that we can all assure that this business does not
create a problem for our area. Thank you.
Chairman Wilcenski: Thank you for your comments. Those comments and well as
everyone else's will be taken into the record and addressed. Would anybody else like to
address the Board regarding Surrey Lane? Yes.
Stephen Pisacano: Stephen Pisacano, I was not coming here today, I am here on
different business but when I heard the things about Mr. Shenks and to hear his voice
about his passion for his product, I just want you to know that I've seen that in his eyes
and his face. He's brought things down to Claudio's as a customer and he's talked
about his products. He's driven down $20 worth of a fruit that we put on a food special,
dessert special or a drink special and he didn't have to drive it all the way down. It
probably cost him money to bring it down there, but the pride that he had in that product
being on the chalk board or being on the table or a little kid eating it on his dessert, I just
wanted to share that with everybody. Thank you.
Chairman Wilcenski: Thank you. Would anybody else like to address the Board on
Surrey Lane? I would like to have a motion to keep this hearing open until December 5,
2016 so that we can gather some more information.
William Cremers: So moved.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Jim. Any discussion? All in
favor?
Ayes.
Southold Town Planning Board Page 120 November 7, 2016
Opposed?
None.
Motion carries.
Thank you.
Chairman Wilcenski: 4:33 p.m. - Sannino Winery & Tasting Room - This Site Plan is
for the proposed construction of a 2,800 sq. ft. winery (wine production, retail area, wine
education room, basement) and forty (40) parking stalls on two adjacent parcels (to be
merged pursuant to ZBA File 6882) totaling 8.94 acres in the A-C Zoning District,
Mattituck. The property is located at 7495 Alvahs Lane, ±490' s/w/o Alvah's Lane and
CR 48, Cutchogue. SCTM#1000-101-1-14.4 & 14.6
Chairman Wilcenski: At this time I would like to ask anyone who would like to address
the Board on Sannino Winery & Tasting Room to please address the Board with your
questions, step to one of the podiums, state your name, write your name for the record
and address the Board. Anyone? Yes, go ahead.
Frances Slezak: Good evening, my name is Frances Slezak, I live on Alvahs Lane. My
property borders the Sannino property on the northern and western boundaries. The
property that would like to have this development is bordered and surrounded by
homes, homeowners on the indirect, do you have a map there?
Chairman Wilcenski: Yes we do.
Frances Slezak: Okay, I wasn't sure.
Chairman Wilcenski: Yes, we are all familiar with the site.
Frances Slezak: Okay, I wasn't sure. This will have direct adverse effects on the
homes surrounding the area. This land is surrounded by a church on the west and
homes on Alvahs Lane, totaling all of the property and also on Route 48. Large groups
will bring disturbances of noise, dust, odor, light pollution, this is, a disharmony is
created. There is a church that looks for peace in the safe haven. There are
homeowners that want to have their families at outdoor going on events and right
across the trees will be the public. This Site Plan brings parking cars close to the
abutting homes and the threat of danger from the cars entering, exiting, merging and
the possibility of accidents in the parking lot and maybe even going onto the abutting
properties, which are a home and a church and more homes. Cars entering and exiting
the winery tasting room that's projected on Route 48 need to merge with the traffic from
their home owners on Route 48. So they all have to merge and the cars travelling from
the east coming at faster speeds. Vehicles coming from the west to visit the winery
need to make a U-turn at Alvahs Lane and merge with faster moving traffic and other
assorted vehicles to increase danger on our roads. Our church goers, our home owners
and the travelling public need not be placed in vehicular danger. As the property
extends northerly in its length and abuts many homes on Alvahs Lane, the public
activity and vineyard tours and education programs that are held outside with outside
events will sit in these homeowners back yards to annoy and distract families looking to
Southold Town Planning Board Page 121 November 7, 2016
enjoy their properties. The breezes associated with this area will heighten and project
the dust and noise disturbances to the families surrounding this 8.9 acres. This property
is not configurated or has enough area for site plan to be developed for more active
business that imposes itself on so many families' lives. Its present multiple uses as a 5-
bedroom B&B, a vineyard, as well as a residence already on this property brings
unlimited numbers of visitors to this property, they have open houses. The land may
very well be in overuse even now, or in the near future. As our Town supports land
preservation environment I don't believe it is in the character of the Town to recognize
this site as appropriate for a winery tasting room or even a revised plan. It would be an
alarming precedent to have a winery tasting room on less than 10 acres when land is a
valuable asset and we need to preserve open spaces. The Sanninos had the option to
seek and buy land within the Town Code, to be responsible neighbors. The public does
not always adhere to rules and regulations or even common courtesy and the drinking
public may not be reasoning as well as when not drinking. Many aspects ought to be
considered for any site plan and it's a complicated process for sure, we need not
compromise or undermine carefully planned Town Code or forsake the Town's
character, which protects our lands and our people's rights to enjoy this property.
would ask for you to disapprove this project. Thank you very much.
Chairman Wilcenski: Thank you very much for your comments. Would anyone else
like to address the Board on Sannino Winery & Tasting Room?
Anthony Sannino: Anthony Sannino, applicant. I think I have some cards for Jessica,
should I bring them up?
Chairman Wilcenski: You can bring them up after you are done.
Anthony Sannino: I just wanted to address the Board if you have any questions
regarding the project.
Chairman Wilcenski: Anybody? I have a quick question, do you have any plans to
have a kitchen on site?
Anthony Sannino: No we don't, not currently. We will have what's required a three
compartment sink and in our current business model do cheese platters so we are
going to be required to have a sink.
James H. Rich III: But no commercial kitchen?
Anthony Sannino: No commercial kitchen, no.
Chairman Wilcenski: How will the wine education room be used? What is the theory
behind it?
Anthony Sannino: Currently I hold, with our current business model I do lots of tours
and educational classes. We will do wine pairing classes, tasting technique classes,
blending classes, where we are creating wines together so people understand the end
process of making wine, anything related to wine will be held in this classroom.
Chairman Wilcenski: Anybody else?
Southold Town Planning Board Page 122 November 7, 2016
James H. Rich III: Do you envision selling wine by the glass? Is this tasting and how
big is the tasting?
Anthony Sannino: Tastings are usually an ounce to and ounce and a half per pour.
James H. Rich III: Will you sell glasses too then?
Anthony Sannino: Glass sales, currently in our business model we do have glass
sales but we do encourage six glass flights so they are comparative type tasting. People
can learn the various grape varieties, winemakers techniques in creating them and
normally that's what we do and that's what we encourage.
James H. Rich III: No weddings or special events?
Anthony Sannino: Like Mr. Shenks, we have three daughters so I don't want to say I'll
never do a wedding, it's probably likely. But it is not currently in our business model, we
do not do them currently so we don't foresee being a catering hall for weddings.
Wiliam Cremers: Limos? Busses?
Anthony Sannino: Limos and busses, we do cater to specific groups. We've had
Knights of Columbus come from Connecticut, show up in a bus, they were all Italian
speaking people and I did cater to them in the past. Otherwise, by appointment only,
usually.
Charmain Wilcenski: Anybody else?
James H. Rich III: Live music? DJ's?
Anthony Sannino: We don't currently do that. We've had a single guitar player and
flautist that we currently use, but not five piece bands or anything like that, no.
Chairman Wilcenski: Do any other Board members have any questions for Mr.
Sannino? Thank you. Would anybody else like to address the Board?
Stephen Pisacano: Stephen Pisacano, I am the closest neighbor to Mr. Sannino, I am
friend with him and I fully support. I'd be a fool not to speak my concerns about the
music, my future wife just got onto the 6 at night until,6 in the morning shift so three
years from now I don't want the music. Of course that would be anybody's concern and
we do not want to anger her, so I just wanted to state the concerns of the music. I am in
full support, I have been there 35 years, and it's my starter home still. I've told you my
concerns, thank you.
Chairman Wilcenski: Thank you. Would anyone else like to address the Board on
Sannino Winery? Yes sir, in the back?
Alf Sommerstad: Good evening, my name is Alf Sommerstad, I am a resident of
Alvahs Lane in Cutchogue. I have concerns about the traffic flow, especially prevailing
traffic coming from west to east on the North Road, to get to this winery they will have to
make a U-turn on Alvahs Lane. With the many limos and busses, in lieu of what
Southold Town Planning Board Page 1 23 November 7, 2016
happened on the next corner over with the tragic accident, I think this is a dangerous
situation. Probably we'll have to put up a traffic light with a turn arrow on Alvahs to
accommodate this place. What about selling alcohol next to a church? Putting up a
liquor establishment to a church, adjacent to a church, not one church but two churches,
one church adjacent and another church within 300 feet of this proposed establishment.
What happened to the old ten acre rule about the size of a vineyard, I think it might be
setting a dangerous precedent by allowing smaller parcels to call themselves vineyards.
So every Tom, Dick and Harry with a couple of acres are going to open up a vineyard
now. This is my presentation and thank you for your time.
Chairman Wilcenski: Thank you sir, please write your name for the record. Thank you.
Anyone else like to address the Board on Sannino Winery? Yes, Gail?
Abigail Wickham: Good evening again, Abigail Wickham, Mattituck, New York. I
happen to be a neighbor of the Santino's, I own the property to the west and I have
been talking to them off and on through this long process where they have been trying
to develop their plan. Just batting back and forth with them some of the issues they've
resolved and I think the first thing that I learned about them is that they are really about
the farming and the wine and the education they are not about big events. This is not
about the ten acre issue, that's been decided, it's been fully aired many times. The lady
that spoke first lives quite a bit north of where this winery is going to occur or be
constructed, so I don't think it's going to be an issue for her. I'd also like to just in
general and not just about this particular application, that I don't think this should be
about the fine points of the winery activity, I know that going to be an issue coming up
on a Town wide basis, those questions should be regulated by the Town Code and the
Planning Board should not be put into a position where they have to regulate that site by
site. That is something the Town is going to have to address on a more global
perspective. This property is on Route 48, 1 think that that makes access an advantage
to the owner. I also think in some respects, the availability of limos and busses, if the
winery owner wants to accommodate them, is an advantage because it does provide a
driver for those that are attending tasting rooms. The Route 48 tragedy was just that
and it's probably one of the most horrific we can ever imagine, but that was, I think, a
function largely of the driver and the circumstances under which that particular accident
happened. You have school busses, trucks, limos all the time on Route 48, and yes
traffic speed is an issue and visibility, but I don't think you can address that here as a
negative towards this particular application. And I don't think that the SLA pertains to
the, I don't think there is any issue with the church and the SLA, Mr. Sannino I know,
because of the ZBA matters, has been in communication with the church, the fathers, or
what the appropriate term is for the people involved in the church, and he has certainly
expressed an interest in working with them. So, I'd like to think that you will support this
as the type of facility that we should be seeing out here to keep our winery industry
small and profitable. Thank you.
Chairman Wilcenski: Thank you. Would anybody else like to address the Board?
Anybody else? You spoke already so I just want to make sure nobody else wants to,
okay you're up.
Frances Slezak: I just want to make it clear that we could hear the music from
Borghese Vineyard, although I am northerly on Alvahs Lane. So Mrs. Wickham really
has no idea of what we can hear and what is heard from my position. I've already had
Southold Town Planning Board Page 124 November 7, 2016
disturbances while the Sannino's business has been going on. So I would just like to
clarify that, thank you.
Chairman Wilcenski: Thank you. Would anybody else like to address the Board on
Sannino? Seeing none, and wanting to be consistent, I would like to ask for a motion to
hold this over to December 5, 2016.
William Cremers: So moved.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Thank you.
Chairman Wilcenski: Mr. Sannino, you can drop the cards off to Brian. Thank you.
HEARINGS HELD OVER
Chairman Wilcenski: Ackermann Agricultural Barn - This Amended Site Plan is for
the proposed construction of a 7,142 sq. ft. agricultural storage barn on Southold Town
Development Rights land; 22.8 acres in the A-C Zoning District. The property is located
at 1350 Alvahs Lane, ±1175' n/w/o NYS Rt. 25 &Alvahs Lane, Cutchogue.
SCTM#1000-102-4-6.1
Chairman Wilcenski: At this time the floor is open, two podiums, to anyone that would
like to address the Board about Ackermann Agricultural Barn on Alvahs Lane. Yes.
Irene Sawastynowicz: Good evening, I am Irene Sawastynowicz.
Chairman Wilcenski: Mrs. Sawastynowicz could you just speak into the microphone a
little more, maybe pull it towards you. That's good.
Irene Sawastynowicz: Okay. I am the daughter of Paul and Sophie Kowalwski, most
people call me Yippy. The current owner of 1350 Alvahs Lane put up huge posts and a
tall wire fence without even telling me what he planned to do. I think the posts may be
on my property, I certainly never gave him permission to put anything on my property.
My property is 1100 Alvahs Lane, it used to be part of the farm of 1350 Alvahs Lane.
The previous owners of 1350 Alvahs Lane always respected our mutual property line,
the current owner does not seem to care about his neighbors. I want to thank you, the
Southold Town Planning Board Page 125 November 7, 2016
Southold Planning Board, for respecting all property rights, including the public's deed
of development rights. To me the plans of North Fork Viticulture Services Company do
not look like a barn, the plans look like they are for self-storage building in the industrial
area near the transfer station or a motel. When I tII my other neighbors and friends and
family how big the proposed building is, they don't believe me. If it was for one or two
tractors it would not bother me, but I do not want t I hear noise from a fleet of tractors all
day and into the night. Pop, that's my father, used to walk back and forth on his farm all
day long cultivating with a one horse plow, that's sad isn't it? Anyhow, please don't let
the current owner build a 5 door garage and change my family's farm into a parking lot.
Thank you, do I have to sign my name.
Chairman Wilcenski: Thank you. Yes, sign your ame. Would anybody else like to
address the Board? You can step to the other podium if you'd like.
Meril Sawastynowicz: Good evening, Meril Saw�stynowicz. At the last hearing I spoke
off the cuff but I have a prepared letter I'd like to read.
Chairman Wilcenski: Okay, can you just speak L p a little bit Meril, or maybe move the
mic.
Continued by Court Reporter Jessica DiLallo
Respectfully submitted,
Ap
Jessica Michaelis
. _ Transcribing Secretary
Donald Wilcenski, Chairman
1
1 TOWN OF SOUTHOLD PLANNING BOARD
COUNTY OF SUFFOLK: STATE OF NEW YORK
2 ------------------------------------------- X
TOWN OF SOUTHOLD
3 PLANNING BOARD MEETING
4 ------------------------------------------- X
5
6
Southold, New York
7 November 7, 2016
8
9
10
11
12
13 Board Members Present:
14
15 DONALD J. WILCENSKI, Chairman
16 WILLIAM CREMERS, Board Member
17 PIERCE RAFFERTY, Board Member
18 JAMES H. RICH, III, Board Member
19 MARTIN H. SIDOR, Board Member
20
21
22
23
24
25
November 7, 2016 2
1 CHAIRMAN WILCENSKI: Okay, can you
2 just speak up a little bit Meril, or
3 maybe move the mic?
4 MS. M. SAWASTYNOWICZ: In 1998, my
5 relatives sold the development rights
6 of my family's farm to the Town of
7 Southold. The purchase price was
8 paid out of funds bonded against
9 taxes, the use of the property was
10 limited to agriculture. My relatives
11 accepted a reduction in the value of
12 their property with the understanding
13 that the property would be preserved
14 as farmland. My grandfather grew
15 beans, shallots, cauliflower, corn
16 and potatoes on the land for many
17 decades. In March of 2016
18 Mr. Ackermann, a Brooklyn based North
19 Fork Viticulture Services, purchased
20 the 22 acres that used to be my
21 family's farm. He immediately
22 proceeded to carve out the full
23 perimeters; he cut down most of the
24 trees and installed a 10 foot high
25 deer fence around the whole property.
November 7, 2016 3
1 Many of these trees bordering
2 neighbor's property that used to
3 serve as a buffer, were also cut
4 down. These trees were there for
5 decades and the previous owners of
6 the farm respected the buffers. On
7 the Town of Southold Local Waterfront
8 Consistency Review Law Assessment
9 Form, under policy 1, "foster a
10 pattern of development in the Town of
11 Southold that enhances community
12 character, preserves open space,
13 makes efficient use of
14 infrastructure, makes beneficial use
15 of a coastal location and minimizes
16 adverse effects of development",
17 Mr. Ackermann checked "yes" and
18 wrote, "proposed equipment barn to be
19 built on 23 acres of preserved
20 agricultural land, North Fork
21 Viticulture Services is a growing
22 vineyard management company and
23 requires a barn to store tractors
24 etcetera. NFVS directly supports
25 agriculture in Southold Town
November 7, 2016 4
1 specifically the wine industry. "
2 Obviously the proposed barn would not
3 be used for farming that preserves
4 property. The barn is described as a
5 building to store tractors, sprayers,
6 etcetera. To manage 10 to 12 local
7 vineyard totaling hundreds of acres.
8 What exactly is etcetera? Would all
9 the chemicals used on the other
10 hundreds of acres be stored on the
11 22 acres? Adjacent Alvahs Lane
12 home' s all have well-water, which
13 would be contaminated from chemical
14 storage and spillage. None of this
15 would "enhance community character or
16 preserve open space. " Under
17 Policy No. 3, "enhance visual quality
18 and protect scenic resources
19 throughout the Town of Southold. "
20 Mr. Ackermann checked "yes, " and
21 wrote, "Since taking ownership in
22 March 2016, old equipment, rubble and
23 trash has been removed. Dumping site
24 graded and irrigation installed.
25 Fences have been repaired and
November 7, 2016 5
1 upgraded. " Rubble and trash? Every
2 tree on the north side of the farm
3 was removed. Screech and Great
4 Horned Owl's nested in those trees.
5 There should be protection of those
6 owls and trees in this Town. The
7 prior fences on this land were
8 charming horse coral fences near the
9 front of Alvahs Lane. His so-called
10 upgrade is now ten foot tall wire
11 fences along the whole perimeter.
12 Definitely not charming or enhancing
13 visual quality. Under Policy No. 12,
14 Protect agricultural lands in the
15 Town of Southold. Mr. Ackermann
16 answered "yes, " and wrote, "property
17 developments rights sold was
18 protected. The proposed barn will
19 provide support to existing -
20 agriculture by providing storage for
21 NFVS equipment, tractors, sprayers,
22 etcetera. NFVS manages 10 to 12
23 local vineyards totaling hundreds of
24 acres. " The contradiction here is
25 blatant. Building a huge garage for
November 7, 2016 6
1 his management company would not
2 protect agricultural land. The
3 building would become a depot for
4 equipment used on 100's of acres of
5 other properties. The eight acres of
6 grape vines on site only require a
7 small barn. The last hearing, he
8 said he was only farming the acres --
9 the rest of it was not conducive for
10 grape growing. This barn proposal is
11 an insult to the integrity of the
12 Preservation Land Fund. The purpose
13 of preserving -farm land is to prevent
14 this kind of scenario. 7, 142 square
15 feet is way to large a building. It
16 would be out of character with the
17 rural agricultural lane. The noise
18 and traffic would impact quality of
19 life and lower the neighboring
20 properties values. Most people I
21 show the proposed facade to, think it
22 looks more like a winery, rather than
23 agricultural barn. In the Southold
24 Planning Department report dated
25 September 12, 2016, it suggests that
November 7, 2016 7
1 a building for an equipment storage
2 warehouse is not permitted on this
3 property. And an agricultural
4 storage building on this site can
5 only be used to serve on site
6 agricultural uses. Not for general
7 storage or warehousing. The
8 applicants business is contracting.
9 He contracts for vineyard management
10 for 100' s of acres. It is my
11 understanding that even with
12 development rights, commercial
13 contracting is not permitted on
14 property located in an agricultural
15 conservation zone. Here the
16 development rights of the property
17 purchased by the Town to preserve
18 farming. Please deny this
19 development application. Thank
20 you.
21 CHAIRMAN WILCENSKI: Thank you.
22 Please sign your name.
23 Anyone else like to address the
24 Board? Please step to the podium.
25 State your name. Write your name for
November 7, 2016 8
1 the record, please. Thank you.
2 Address all your comments to the
3 Board.
4 MS. M. MARRAS: Hi yes. I am
5 Maryellen Marras. And I am making a
6 statement for a friend of the
7 Sawastynowicz family, Donna Hepworth.
8 Southold Town should open its eyes
9 and not allow 151 foot long, 7, 000
10 square foot building on preserved
11 farmland, 22 acres. The property now
12 owned by Mr. Ackermann is home to
13 many small wildlife, especially owls.
14 By cutting down many trees on the
15 property, he has already put an
16 impact on the land that affects
17 wildlife, drinking water, air
18 quality, noise pollution and light
19 pollution. Increased traffic will
20 cause more need for road repair and
21 the proposed garage will also
22 increase needs for police and fire
23 protection. All of the above would
24 raise taxes. It would disrupt peace
25 and overall quality of life. This is
November 7, 2016 9
1 not just a neighborhood. This is a
2 community that would be affected. We
3 don't need any more wineries or
4 buildings to house the machines to
5 operate them. That promotes drunk
6 driving which will cause negative
7 impacts. This should not be allowed
8 to be used for an industrial storage
9 facility, which is essentially what
10 is being proposed. Protected
11 farmland should only be used for
12 growing vegetables, fruit trees and
13 other edibles. Such agricultural use
14 would be beneficial to air and water
15 quality and community. The chemical
16 damage from tractors and trucks would
17 cause so much long term damage, the
18 land and surrounding lands might
19 never recover. And as I said, this
20 is from -- sincerely, Donna Hepworth
21 of the Sawastynowicz Family. Thank
22 you.
23 CHAIRMAN WILCENSKI: Thank you.
24 Anyone else like to address
25 the Board of Agricultural Ackermann' s
November 7, 2016 10
1 Farm?
2 MS. N. SAWASTYNOWICZ: Good
3 evening. My name is Nancy
4 Sawastynowicz. My mother, Irene
5 Sawastynowicz house is on the south
6 and west sides of 1350 Alvahs Lane.
7 Next door to the proposed site plan.
8 My mother' s father, Paul Kowalski,
9 along with my parents and other
10 relatives farmed the sites with
11 organic methods, including teams of
12 horses. In 1998, my mother's mother,
13 Sophie Kowalski sold the property
14 development rights to the Town of
15 Southold. Grandma could have sold
16 the property to a developer, instead,
17 she chose to sell the development
18 rights to keep the farm, a farm.
19 When the current owner, Ackermann' s,
20 purchased the property, my mother
21 welcomed her new neighbor. In
22 return, he lied to her face. He told
23 her, he was going to raise cows on
24 the property. It was a shock to
25 learn that he bought the property and
November 7, 2016 11
1 was now trying to apply for
2 permission to build a garage to use
3 for storing equipment and warehousing
4 supplies for commercial agricultural
5 service company. Not long after
6 buying the preserved farm, Ackermann
7 proceeded to cut down most of the
8 trees on the property. Trees and
9 wooded buffers, once protected the
10 site and my mother' s property from
11 strong winds. Now these trees are
12 gone forever. Screech and Great
13 Horned Owls need to nest in the
14 woods. Now there are no woods. Next
15 Ackermann sawed off four inches of my
16 mother' s close line. Maybe it was
17 over his property but he could have
18 asked her to move it. I guess he
19 wants to use every single inch of his
20 property for his business. He' s
21 obviously not the same type of farmer
22 like my ancestors. The former farmer
23 planted vines and was considerate of
24 the neighbors. They even notified my
25 mother before they sprayed fungicide
November 7, 2016 12
1 so she could take her laundry in and
2 _ close her windows to keep the spray
3 out of her house. When my sister
4 introduced herself to Ackermann, she
5 asked him not to cut the trees on the
6 property line since they provided
7 some protection to my mother's
8 property from the toxic chemicals he
9 would probably be spraying on the
10 grapes. His response was, "He hates
11 trees and birds. " Not long
12 afterwards, he sprayed weed killer on
13 the property line. I have pictures
14 of that. Not only did he kill every
15 plant on every inch of his own
16 property, he killed plants on my
17 mothers property. Not only is he
18 using every inch of his property, he
19 is also using part of my mother' s
20 property. I suspect that the poisons
21 he' s spraying are soaking into the
22 ground and ending up in my mother' s
23 well water. Ackerman states on his
24 Town of Southold Local Waterfront
25 Revitalization Program, the LWRP,
November 7, 2016 13
1 consistence review form --
2 Consistence Review Law Form, since
3 taking ownership in 3/16, old
4 equipment, rubble and trash have been
5 removed. Dumping site graded and
6 irrigations installed. Fences have
7 been repaired and upgraded.
8 Ackermann doesn't mention that he
9 also removed every trace of rural
10 character and natural habitat and
11 installed a brand new 8x5 feet tall
12 fence -- wire fence around the whole
13 property. For almost a 100 years my
14 family cared for and cherished the
15 farm and the neighborhood. In a few
16 months, he has ruined it. To me, it
17 looks like a bomb went off and he put
18 a fence around it. And this summer,
19 he applied to you to permit to you to
20 transfer the property into a basis of
21 operations for chemical distrubution
22 of industrial agricultural services.
23 I am not a lawyer. I have common
24 sense and that is all I need to know
25 is that what he's doing is not
November 7, 2016 14
1 farming. Please deny Ackermann' s
2 application to build a garage. Keep
3 the farm a farm and Alvahs Lane safe.
4 On the Short Environmental Assessment
5 Form, dated August 24, 2016,
6 Ackermann describes the proposed
7 action as a "modification of a
8 previously approved site plan. " On
9 the same form, he checked "yes, " to
10 the question. "Does any aspect of
11 the action have a current valid
12 permit or approval?" He wrote, "this
13 is an amendment to a site plan
14 previously approved by the Southold
15 Town Planning Board. " These false
16 statements made at the public hearing
17 on October 3, 2016 Diane Crosser
18 pointed out that there is no approved
19 site plan for this proposed action.
20 The site plan was approved for a
21 previous owner for small a barn in a
22 different location than the massive
23 garage in this application. This
24 fact alone is enough to deny this
25 application. For Ackermann to think
November 7, 2016 15
1 that he can use preserved farmland as
2 an industrial dumping ground is not
3 acceptable. Why should my mother' s
4 adjacent home have to live with the
5 traffic to and from his industrial
6 management company? I don't think
7 it's okay to have all those tractors
8 and etcetera driving past her home.
9 In his application, Ackermann says
10 his company already manages hundreds
11 of acres and will be managing more
12 acres in the future. This little
13 22 acre farm should not be subject to
14 impacts of that kind of intensive
15 use. Alvahs Lane already has to
16 suffer the impacts from Satch Har' s
17 (phonetic) Industrial Farm.
18 Ackermann' s proposed building is much
19 bigger than the Satch Farm Buildings.
20 If you, the Southold Town Planning
21 Board give Ackermann permission to
22 build a garage and operate a
23 commercial industrial farm service
24 company on preserved property, it
25 will change not only the rural
November 7, 2016 16
1 charter of Alvahs Lane, it will
2 change the rural character of the
3 North Fork. The Town of Southold
4 owns the development rights of this
5 property. Please protect
6 agricultural on North Fork by
7 prohibiting commercial industrial use
8 of preserved farmlands. Please
9 protect the ancestral lands of my
10 family. Thank you. And I had a
11 letter from a friend. It' s very
12 short. Sorry mine was so long. I
13 feel very emotional about this.
14 Okay. So this is to the Southold
15 Town Planning Board. The building
16 under construction for 1350 Alvahs
17 Lane would appear to be a warehouse
18 transient terminal for heavy
19 equipment out of proportion to the
20 farm it would be sited on. This
21 would be similar to putting building,
22 like the Port Authority Bus Terminal
23 in the neighborhood and call it a
24 garage. The development rights have
25 been sold. Preserve the view and
November 7, 2016 17
1 farm character of the neighborhood.
2 Don't allow this type of stealth
3 industrialized to creep into against
4 the intention of farm preservation.
5 He visits our family farm or our
6 family house now all the time.
7 And I have pictures of -- can I
8 bring this up?
9 CHAIRMAN WILCENSKI: Yes. If you
10 need to speak -- speak anymore you
11 need to speak into the microphone.
12 MS. N. SAWASTYNOWICZ: I have
13 pictures of the round-up' s that he
14 sprayed on my mothers property. And
15 I also just -- I want to show you how
16 he destroyed the buffer. I mean, the
17 buffer was a natural thing that we
18 needed to keep the spray from coming
19 into her house. She's surrounded by
20 two sides by this vineyard. And I
21 just want you to deny this
22 application. It' s all wrong. Thank
23 you.
24 CHAIRMAN WILCENSKI: Thank you.
25 You can give that to Bryan. Thanks.
November 7, 2016 18
1 Would anyone else like to address the
2 Board? Yes.
3 MS. WICKHAM: Good evening, again.
4 My name is Abigail Wickham,
5 Cutchogue, New York. And I am
6 speaking because I own property in
7 the neighborhood. I just want to say
8 that I do understand that farms need
9 big buildings. I get that. But I
10 can't imagine that the Land
11 Preservation Committee would have
12 allowed a building wider than 150
13 feet along Alvahs Lane frontage.
14 60 feet back from the road on what is
15 not a tremendously wide property
16 frontage to begin with. That is
17 not even allowed in a Business or a
18 Light Industrial office area. So I
19 don't understand why if a building
20 like this is needed, why it wouldn't
21 be on the north side and be oriented
22 to run east/west. To have less
23 visual impact. If there is a farming
24 rational, whether it be soil or
25 drainage or farming usage, than
November 7, 2016 19
1 certainly the farmers should be
2 allowed to do what he needs to farm.
3 But I would ask that the Planning
4 Board, in looking at this
5 application, at least question why
6 such a large building so close to the
7 road would be needed and what the
8 use of it will in fact be, because of
9 the development rights sold. Thank
10 you.
11 CHAIRMAN WILCENSKI: Thank you.
12 Anybody else? Yes.
13 MS. CROSSER: Diane Crosser,
14 Cutchogue. I am not commenting on
15 the Sannino application. I could
16 just tell you that when Mr. Sannino
17 leased the land and the vineyard on
18 Alvahs Lane, which was purchased by
19 Mr. Ackermann, he was the most
20 quality neighbor. He was respectful
21 and was kind. Everybody welcomed
22 him.
23 CHAIRMAN WILCENSKI: Okay. We're
24 addressing the Ackermann Cultural
25 Barn.
November 7, 2016 20
1 MS. CROSSER: I am. I just had to
2 say. I did leave packets for all of
3 you with Jessica today. I don't
4 know if you received them or had
5 the --
6 CHAIRMAN WILCENSKI: Yes, we did.
7 MS. CROSSER: -- to look at them.
8 So that explains some of the
9 inconsistencies in a proposal that
10 states the roof is 14 feet when the
11 lowest point of the roof is 22. 6.
12 More importantly when tax payers
13 contribute tax money for land
14 preservation, I think it's reasonable
15 to say that the expectation would be
16 that money is used for land
17 preservation. As a taxpayer of
18 Southold, as a resident of Southold,
19 the development rights states that
20 the use of the property was
21 restricted exclusively for
22 agricultural production as described
23 in Chapter 25 in the Code of Southold
24 had the right to prohibit or restrict
25 the use of the premise for any
November 7, 2016 21
1 purpose other than the stated use,
2 which was agricultural.
3 Mr. Ackermann states that he intends
4 to use this property under the
5 company name of NFVS to store
6 tractors, sprayers, etcetera. And
7 he intends to use that equipment to
8 service 10 to 12 vineyards and it was
9 said before, for hundreds of acres.
10 He says that he needs a barn to store
11 the equipment, to store chemicals,
12 all in the application. Oxford
13 Dictionary defines a garage as a
14 building that houses motor vehicles
15 or vehicles or equipment. Commercial
16 establishment is where vehicles are
17 repaired and/or serviced. What
18 Mr. Ackermann is looking to do is
19 have an industrial building, a
20 garage, on property that is
21 agricultural and can serve property.
22 If I build a dog house and call it a
23 mansion, it still is a dog house.
24 Calling this an application, an
25 agricultural barn, defies belief
November 7, 2016 22
1 based on his own statements in the
2 application. He' s requesting
3 exterior lighting, leaching pools.
4 Again, all disguised as an
5 agricultural barn. Even more
6 interesting to me was the fact --
7 LLC, I didn't know what that was. Is
8 an abbreviation for a Limited
9 Liability Company. It's a relatively
10 new business structure that combines
11 features of the corporation and
12 partnership. Specifically tax
13 benefits of partnerships and
14 liability protections of corporation.
15 Mr. Ackermann is the sole member. So
16 we now have someone that can take
17 advantage of tax benefits on
18 developmental rights, property. It
19 makes no sense. He has requested to
20 wide curb-cuts into Alvahs Lane.
21 Typically, I understand only one is
22 allowed. He is requesting deep
23 leaching pools. Against speaking to
24 what happens to our well-water and
25 exterior lighting. That is again
November 7, 2016 23
1 commercial property. Of the 23
2 acres, and this was brought up last
3 week, only 8 of those acres can
4 sustain grapes. The rest are open
5 fields. So I would say to you, a
6 7, 125 foot barn for 8 acres of
7 grapes, that's almost 1, 000 square
8 feet. That makes no sense. I
9 think taxpayers would be outraged
10 if this was allowed to go through as
11 an industrial garage under the
12 pretense of an agricultural barn is
13 allowed to take place. I am sure you
14 have seen the Newsday ruling.
15 Justice Thomas Wellen through out two
16 laws passed in 2010 and 2013 that
17 allowed farmers to get Special Use
18 Permits or hardship exemptions to
19 build structures such as greenhouses,
20 barns, solar etcetera. The Executive
21 Director of the Pine Barrens
22 commented farmers can't have their
23 cake and eat it too, if they go
24 industrial, which is what this
25 procedure is. They can't take
November 7, 2016 24
1 preservation money at the same time.
2 Allowing this to go through is a
3 disservice. Not only to the
4 residents of Alvahs Lane, but to the
5 entire community and taxpayers who
6 have used their hard earned money to
7 support preserving land when that is
8 not what is being done here. I
9 implore you to deny this
10 application.
11 CHAIRMAN WILCENSKI: Thank you for
12 your comments.
13 Anyone else? Yes.
14 MS. GROOCOCK: Hi. My name is
15 Gwen Groocock. I am with North Fork
16 Viticultural Services. We submitted
17 this to you but I am going to read it
18 out for the record anyway. First, it
19 is important to understand the
20 operations of NFVS. We manage our
21 own 23 acre Alvahs Lane site, plus
22 vineyards that we effectively lease
23 to grow fruit to sell, as well as
24 vineyards owned by others. To do
25 this, we use equipment such as
November 7, 2016 25
1 sprayers, tractors, herders, netters
2 and mowers and bins. Okay. So that
3 is the etcetera. There is a lot of
4 different types of equipment. In the
5 growing season from early Spring
6 through late Fall, like right now,
7 the equipment is out in the fields.
8 It is moved around to different sites
9 as needed. We do not own a full set
10 of equipment for each site. When
11 not used it will either remain on
12 site or be in the barn. In the
13 winter, none of the equipment is in
14 use and it all needs to be under
15 cover. This is equipment represents
16 a large investment for the company
17 and it cannot be left outside. So
18 far we have been leasing barn space
19 month to month, but this is a
20 temporary solution at best. On the
21 size of the barn, 7, 142 square feet.
22 This barn including the loft is for
23 storage only. The size is necessary
24 to accommodate the equipment already
25 owned by NFVS. As you can see from
November 7, 2016 26
1 the schematic provided that should be
2 in there. In that schematic it shows
3 the different tractors, sprayers,
4 mowers, and how they would be parked
5 in that space. Where was I? The lot
6 coverage relative to the size of the
7 property is very well. The Alvahs
8 Lane property was purchased to build
9 this barn for agricultural use as
10 well as to generate income from the
11 vines. Yes, there is eight acres
12 now. There is ten more acres, which
13 was cleared of rubble and graded and
14 is planting a cover crop at the
15 moment. It would be nice to plant
16 some more vines. It' s a big
17 investment. We're not quite sure
18 what' s going to happen there in the
19 future. The equipment owned by NFVS
20 is typical for managing a vineyard.
21 So even if we were only managing our
22 own vineyard on this site, we would
23 still this barn and the equipment.
24 Any serious agricultural use on this
25 20 acre property requires a good
November 7, 2016 27
1 sized barn. On the daily use of the
2 barn. There is no regular day-to-day
3 activity taking place such as
4 processing. Our field workers will
5 not park there because they park at
6 the vineyard sites where they work.
7 We do not provide transportation.
8 The field crew will only be there
9 when they're working on the Alvahs
10 Lane vineyard itself. NFVS
11 chemicals, such as pesticides, are
12 delivered roughly every ten days in
13 the summer, as needed. And are used
14 immediately. They're not stored at
15 the barn. The way chemical purchases
16 work with most agricultural
17 operations is, the stuff is ordered
18 from Long Island Cauliflower. It
19 gets delivered. It goes out. It' s
20 as needed. We're not looking to
21 create a large chemical storage.
22 That would be very expensive and very
23 inefficient. The truck and trailer
24 will make one or two trips to the
25 barn every week. So there will not
November 7, 2016 28
1 be much daily activity at the barn.
2 The style of the barn. We're using a
3 reputable barn building company from
4 Pennsylvania. And the style and
5 colors are attractive, traditional
6 and in keeping with the rural nature
7 of Alvahs Lane and the North Fork.
8 Now on the location of the barn. We
9 actually did consider the location
10 very carefully, visage the neighbors.
11 Okay. We needed a level, well
12 drained area that has safe access to
13 Alvahs Lane. The selected location
14 is level with open visibility up and
15 down Alvahs Lane to facilitate safe
16 ingress and egress. That, if you
17 remember, was the main problem with
18 the North-West location. Where the
19 hill comes down from Alvahs Lane and
20 there is a big slope there. Trying
21 to tuck the barn in there, which was
22 the first sort of idea turned out to
23 be bad for the drainage situation and
24 also unsafe coming on and off the
25 road. So there is a couple of other
November 7, 2016 29
1 sites you can chose. Up by the road,
2 which is level, with quick and easy
3 egress and ingress obviously. This
4 area also has the buffer of it and
5 the vineyards and the neighbors to
6 the south and east and further from
7 the neighbors to the north. The
8 other sites are not as suitable. The
9 north-west corner as I said, has a
10 steep slope, etcetera. And any other
11 location -- the back field, for
12 example, is directly next to the
13 these neighbors. That would also not
14 be a practical location for the
15 neighbors. That far from Alvahs
16 Lane. Obviously more difficult and
17 expensive for the road. For
18 electricity, etcetera. So basically
19 I think it' s just important that they
20 understand that this is an
21 agricultural barn and that is housing
22 agricultural equipment. It certainly
23 not an industrial use to store
24 tractors in a barn. There is not
25 going to be a whole day-to-day
November 7, 2016 30
1 activity. There is no workers coming
2 in and out. We don't need parking.
3 None of that. It literally is
4 covering these expensive equipment.
5 This is 23 acres to manage. Yes,
6 right now, there is 8 acres of vines,
7 but there is also all the other
8 fields to mow and plow and to this
9 and that. And this equipment is all
10 used on the site to do this as well.
11 So it' s not as if, you know, half the
12' barn would be useful at this point.
13 So I would just like to say from our
14 understanding of the rights that we
15 have and development rights sold in
16 Chapter 25, which specifies
17 agricultural storage facilities are
18 allowed use, it's definitely within
19 that use. We considered the
20 neighbors. We trued to locate the
21 barn in the best space for everybody.
22 And there is not -- it' s not the way
23 that it' s being represented as some
24 sort of industrial use. We are not
25 in the business of repairing other
November 7, 2016 31
1 peoples tractors or selling tractors
2 or mowers or netters or anything like
3 that. This is the companies
4 equipment and it's a storage
5 facility. Okay. Thank you.
6 CHAIRMAN WILCENSKI: Thank you.
7 Anyone else like to address the
8 Board on Ackermann Agricultural Barn?
9 Yes, sir.
10 MR. SCHWARTZ: Thank you. Ben
11 Schwartz, also related to Yippe,
12 which made the cover of the Suffolk
13 Times in 1998, I believe it was.
14 When the development rights were
15 purchase by the Town of Southold.
16 This was heralded as an important
17 part of preserving the agricultural
18 of the North Fork. There was also an
19 editorial, one farmer at a time.
20 There was consideration of putting a
21 housing development on the property.
22 And we're thankful that that didn't
23 happen. But now, in 2016, we are
24 considering putting an agricultural
25 business on the property, but it' s
November 7, 2016 32
1 not just agricultural. It's the
2 commercial industrial business. The
3 difference between the agricultural
4 industry and industrial agriculture.
5 This is more like industrial
6 agriculture. I think the best way to
7 understand what the applicant is
8 applying for here is to look at the
9 applicants own words. In the
10 statement that we just heard. The
11 Alvahs Lane property was purchased
12 primarily to build this barn. It
13 does continue for agricultural use as
14 well as to generate income from the
15 vines. But clearly the primary
16 purpose of this building is not to
17 serve the current. There was another
18 statement submitted the next day,
19 which said I have purchased the
20 property to be a working -- no. No.
21 That is different. The information
22 requested by the Planning Board since
23 the last hearing, includes a diagram
24 of what he wants to put in the barn.
25 Eight tractors? For 22 acre farm? I
November 7, 2016 33
1 don't think so. Obviously not. The
2 applicant admits that he has a
3 commercial company which provides
4 services to farmers. I mean, I
5 remember the old tire --
6 international harvester dealer when
7 he was in Riverhead. Not Southold.
8' I am not that old. That is
9 agricultural but it's also
10 commercial. And that doesn't belong
11 on preserved property. I will go
12 into some details. In the owners
13 own words, statement they submitted
14 to you. The equipment owned by North
15 Fork Viticultural Services is typical
16 for any vineyards. So even if we
17 were only managing our own vineyard
18 on site, we would still need this
19 barn and this equipment. Wow. 8
20 tractors for 22 acres farm? Okay.
21 If I may, I have copies of this
22 picture can I --
23 CHAIRMAN WILCENSKI : Sure. Bring
24 them up.
25 MR. SCHWARTZ: -- this picture was
November 7, 2016 34
1 taken the yesterday or the day
2 before. It shows the fence on the
3 side of the property. I might as
4 well give you these pictures at the
5- same time.
6 CHAIRMAN WILCENSKI: Okay. You
7 can just give them all to me and keep
8 speaking.
9 MR. SCHWARTZ: The first pictures
10 there, looking from my grandma' s
11 property, you can see the size of the
12 trees and the buffer, two or three
13 feet high at the time of the upper
14 picture was taken. I don't know when
15 that was. Some time in the early
16 90' s. It didn't look that differ net.
17 There were some differences. There
18 was a fence put around the
19 perimeter of the property, etcetera,
20 but until very recently. And then
21 very recently, the bottom picture
22 reflects the 8 1/2 foot high -- I
23 think only an 8 foot fence is
24 recommended but when I measured it, I
25 got 8 1/2 feet tall. Fenced it.
November 7, 2016 35
1 Frankly reminds me of kind of thing
2 you see around concentration camp or
3 something. If you walk around the
4 Sawastynowicz property. You don't
5 feel like you're in farm country.
6 You feel like you're maybe in
7 industrial farm and country. As you
8 can see from the picture, underneath
9 the fence is an area where the plants
10 were killed. I am not sure what kind
11 of herbicide was used there but, it
12 obviously was not used on one side of
13 the fence. I believe that fence is
14 supposed to be exactly on the
15 property line. If you have ever
16 tried to put anything exactly on a
17 property line, you will know why we
18 have buffer zones. And the fence
19 could have easily been moved back.
20 The buffer of the trees in order to
21 put the fence right on the property
22 line, half of the trees were cut
23 down. We would have been more
24 merciful to cut the whole tree down.
25 The poor things are -- if you go
November 7, 2016 36
1 there to the property, you will see
2 how the trees were -- excuse the
3 french, bastardized, in a sense --
4 no real farmer who loves plants
5 would do that to any living plant. I
6 have a little statement here that I
7 would like to read. In addition to
8 the picture in the general area, you
9 see that white square in the picture.
10 That' s a limo. I was there for a
11 little over an hour and I saw at
12 least a half a dozen limo's going up
13 and down Alvahs Lane. So Alvahs Lane
14 has its share of traffic, etcetera
15 from the wine industry. Apparently,
16 they will be getting more. But in
17 this case, this is not -- this is
18 where -- the winery -- the vineyards
19 don't want to grow their own stuff.
20 So they hire someone for them. It' s
21 agricultural but it's more than
22 agricultural. And that more than
23 agricultural should not be legally
24 permitted on the site. I will just
25 give you copies while I read -- I am
November 7, 2016 37
1 not going to read the whole
2 statement. In the context of site
3 plans involving land preserved by
4 purchases of development rights, it' s
5 especially important for the Planning
6 Board to consider the ways the site
7 would be used. The referal to and
8 rights from the Town of Southold land
9 Preservation Committee is not
10 determinative. By law, the Land
11 Preservation Committee may -- I am
12 not sure if they have to be consulted
13 by law, instead it apparently
14 considered itself to issue an
15 approval for the proposed use.
16 Although it conditions that approval
17 with the disclaimer that it' s not an
18 approval for any other body. You
19 know, it doesn't legally under
20 land use regulations law of the
21 State of New York, whether we like it
22 or not, the Town of Southold is part
23 of the State of New York. You are
24 the quasi judicial body. That is
25 authorized to review these site plan
November 7, 2016 38
1 applications. You're certainly
2 entitled to consult and get advice
3 from anyone you want but the
4 committee' s in the Town of Southold
5 write in the code are "advisory
6 only. " And do not have the power to
7 take action on behalf of the Town.
8 And it would also be improper to
9 improve the use and not deal with the
10 size and the placement of the
11 building. The application has to be
12 approached as a whole. I don't
13 believe -- I have read the letters
14 from the Land Preservation Committee
15 and it doesn't appear that they
16 considered the difference between
17 this proposed use and traditional
18 pure farming and agriculture. It' s
19 not that this is not agriculture, but
20 it's also a commercial service
21 building. Uses permitted on
22 agricultural zone includes all uses
23 that are related to agriculture.
24 Permitted uses are related to
25 exclusively pure agricultural uses.
November 7, 2016 39
1 Vineyard service company is part of
2 the agricultural industry but it' s
3 industrial agriculture and as such
4 should not be permitted on preserved
5 farmland. In the deed of development
6 right' s, it uses language such as
7 restrict the use of the premises
8 exclusively for agricultural
9 production. Not for agricultural
10 production and commercial provision
11 of agricultural services. Land use
12 in "agricultural production" this is
13 from the deed of development rights,
14 shall also include equipment storage
15 buildings, livestock barns,
16 irrigation structures used for
17 exclusively for agricultural
18 purposes. As I added emphasis to the
19 word emphasis. Those words are from
20 the deed. The Southold Town Planning
21 Board approved a site plan in 2015
22 for a typical agricultural building.
23 A barn. 48x36 horse barn on the
24 north side of the barn located at
25 1350 Alvahs Lane. In 2016, the
November 7, 2016 40
1 vineyard and management service
2 company, North Fork Viticultural
3 Services applied for a commercial
4 garage on the road in the front of
5 the farm. And I reference some
6 definitions from the American
7 Heritage Dictionary, a barn -- well
8 I --
9 CHAIRMAN WILCENSKI: We heard that
10 in earlier testimony.
11 MR. SCHWARTZ: So I don't need to
12 read that again. Usages of the word
13 barn and garage include multiple
14 connotations but in general, these
15 kind, barn is referred to a building
16 on a farm or agricultural and produce
17 livestock and tools are stored. A
18 garage refers to a commercial
19 building, where cars, trucks and
20 mechanical vehicles are stored. Site
21 plan applicant calls the proposed
22 building a barn. I believe -- I am
23 asking the Planning Board call it
24 what it would be, a garage. North
25 Fork Viticultural Services proposes
November 7, 2016 41
1 to use the barn for equipment to rent
2 or to farm properties. Not just
3 equipment to farm the property. The
4 difference would impact the quantity
5 of equipment, the size and placement
6 of the building and the view of the
7 farm from the road. It would also
8 impact the nature and use of Alvahs
9 Lane. I forgot something very
10 important when I was looking at these
11 letters here. I have purchased the
12 property. This is by the applicant.
13 I purchased the property to be a
14 working farm. Not as a public
15 service to provide scenery for the
16 neighbors. Well, I don't think that
17 he would have purchased it for that,
18 but purchased a property in which the
19 development rights were sold in part
20 to do just that. And his disrespect
21 for the land preservation aspect of
22 owning a property that has
23 development rights sold really make
24 me want to just impress on you the
25 need for you to protect those
November 7, 2016 42
1 development rights that belong to the
2 public. It would be enough to reject
3 this application because of the way
4 its described as an amended site
5 plan. That does cast a poll over
6 the application. There is a new site
7 plan and it should be at the very
8 least a -- denied and he could apply
9 again. But to legitimately approve
10 the proposed barn, I believe it would
11 require a use variance from the
12 Zoning Board of Appeals. I don't
13 think he could get that to get a
14 commercial use on agricultural
15 conservation property. Especially
16 agricultural conservation property
17 with development rights sold. The
18 building would completely block the
19 protected aesthetic beautiful and
20 pastoral vista with a garage to be
21 used for provisional agricultural
22 services to other properties. Not a
23 barn to be used for this property.
24 Now I wish you had the power to
25 restore the branches that were cut
November 7, 2016 43
1 off the trees on the buffers of the
2 property. I believe you do have the
3 power to impose a condition on the
4 site plan to require buffers around
5 the property. Unfortunately the
6 landscaping -- the work that was
7 already down, the fence was already
8 put up there with no permit and
9 possibly no legal right. That fence
10 is not on the property. I just
11 asking the Planning Board to
12 recognize that this proposed use is a
13 commercial garage and a commercial
14 garage should be prohibited on that
15 property pursuant to the deed of
16 development rights purchase. Then I
17 have a little picture down there at
18 the bottom of my letter of the
19 license plate that North Fork
20 Viticultural Services posted online,
21 an article about the company. This
22 is commercial. Doesn't really sound
23 like farm to me.
24 Does anybody have any questions?
25 CHAIRMAN WILCENSKI: No, we're
November 7, 2016 44
1 good.
2 MR. SCHWARTZ: Could I -- can I
3 play you a ten second recording in
4 closing? It's very important.
5 CHAIRMAN WILCENSKI: What is it in
6 regards to?
7 MR. SCHWARTZ: Well, it's just --
8 CHAIRMAN WILCENSKI: You know
9 what --
10 MR. SCHWARTZ: It' s just better to
11 listen and I would like to say
12 something about it.
13 CHAIRMAN WILCENSKI: Can you
14 please tell me exactly before you
15 play it, what is --
16 MR. SCHWARTZ: Did you hear it?
17 CHAIRMAN WILCENSKI: Owls.
18 Thank you. We heard the owls. Thank
19 you.
20 MR. SCHWARTZ: Those are the owls
21 that used to live on the on the
22 property and we have recordings of
23 owls on the property. This
24 particular recording came from the
25 Cornell Lab. But there is a lot we
November 7, 2016 45
1 don't know about nature. We know
2 that traditional farming incorporated
3 buffers and areas that they didn't
4 use and they would use on once and a
5 while. And the nature was the
6 farmers friend. And in this case, I
7 did very brief minimal research into
8 owls and I discovered that many
9 people consider the Great Horned Owl
10 one of the -- the greatest predator
11 because the way the animal is
12 designed. The eyesight. It's prey
13 are small rodents. Small animals.
14 Exactly the kind of animals that are
15 spreading the Lyme's Disease. When
16 ticks live on deer, deer do not
17 spread the disease to the ticks that
18 live on them. But the small mice and
19 rabbits and little things like that,
20 the things that the Great Horned Owls
21 prey on, those are to some extent at
22 least responsible to the -- excessive
23 numbers of ticks and tick born
24 diseases in the Town of Southold.
25 So I would just in closing request
November 7, 2016 46
1 that whatever happens, you mandate
2 that they be buffers and areas of
3 this property that are not used
4 entirely for the pursuit of monetary
5 profit. Thank you.
6 CHAIRMAN WILCENSKI: Thank you.
7 Would anyone else like to address the
8 Board? Go ahead.
9 MS. GROOCOCK: Gwen Groocock,
10 North Fork Viticultural Services. I
11 just wanted to add this part because
12 it speaks directly to some of these
13 points about the rights. Basically,
14 it says equipment in a storage barn
15 will be far more attractive than
16 equipment outside or under a large
17 plastic type temporary shelter.
18 Quite frankly, that type of temporary
19 building might prove necessary but
20 certainly not as scenic as a barn.
21 Which by the way, the Merriam Webster
22 Dictionary is defined as a large
23 plain building that houses livestock,
24 farming equipment, etcetera. Proper
25 shelter will also prevent damage and
November 7, 2016 47
1 deterioration to the equipment,
2 which could cause unnecessary expense
3 and create potential hardship. The
4 ongoing success of North Fork
5 Viticultural Services and Alvahs
6 Lane Vineyard relies very strongly on
7 the equipment being in good working
8 order. Under Section 100 to 220
9 under the Town of Southold Code, farm
10 practices is protected from
11 interference of adjacent owners.
12 That's the farmers Bill of Rights,
13 which I am sure you are all aware of,
14 of course. It also declares
15 agriculture to be desirable and
16 supported by Southold Town. Denying
17 a barn to provide shelter to
18 essential equipment will be in direct
19 conflict with this. I also mentioned
20 that the Land Preservation Committee
21 which does deliberate on the
22 appropriate uses of preserved land
23 assessed it and approved the basic
24 principal of a good size storage barn
25 on site. Furthermore, Section 25
November 7, 2016 48
1 to 30 of Town of Southold Code,
2 explicably states that agricultural
3 production shall include equipment
4 storage buildings and there is
5 nothing in the law about equipment
6 rights, sold land, that prohibits a
7 storage barn. I would also like to
8 mention that there is nothing in any
9 laws or codes that prohibits the
10 amount of tractors someone may own.
11 Being that this equipment is owned by
12 North Fork Viticultural Services,
13 it's going to be stored on the site.
14 It really ought to be under a barn.
15 We tried to make the barn attractive
16 and put it under the safest and most
17 buffered site. As far as the fence
18 is concerned, that is a deer fence,
19 which is standard around vineyards.
20 Cutting down vegetation is necessary
21 to put up a fence. As far as adding
22 buffer back now that the fence is in,
23 that is certainly feasible. There is
24 absolutely no reason why that can't
25 be entertained. It may have looked
November 7, 2016 49
1 like a bomb hit it when the work was
2 going on, but the fields have been
3 leveled and the cover crop has been
4 planted and the large spam of trees
5 that remain in the center, are still
6 there. It's not like a bomb hit it.
7 One more point, as far as the
8 location goes and the frontage. We
9 stood and looked at all the site
10 lines. If you come this way, north
11 and looked at Alvahs Lane, you see
12 all the vineyards and then the barn.
13 If you look at the plant, you will
14 see that the frontage of the barn is
15 a small portion of the entire
16 frontage of the property. Any of
17 those site lines, if you stand there
18 and look which we did when trying to
19 figure out this location, you still
20 see plenty of vineyard and plenty of
21 -- you know, it goes up into some
22 sort of a hill actually. So -- and
23 the barn again was chosen to look
24 like an attractive barn. This is not
25 something a quansun (phonetic) hut.
November 7, 2016 50
1 Not an unattractive building. Thank
2 you.
3 CHAIRMAN WILCENSKI: Thank you. I
4 think we have heard enough --
5 MR. SCHWARTZ: Just very briefly.
6 The Land Preservation Committee was
7 applied before the Planning Board.
8 There was no public input. At the
9 time, the public had not been
10 notified and was unaware of the
11 consideration of this issue.
12 CHAIRMAN WILCENSKI: Okay. Thank
13 you for that information. Yes?
14 MR. CROSSER: My name is Michael
15 Crosser. I am a resident of Alvahs
16 Lane also. I think the person has a
17 right to have a barn to manage his
18 property. That is a reasonable thing
19 to do. We're talking about a
20 commercial enterprise on a
21 residential block. And I think it
22 violates the spirit of the land
23 preservation to use -- when it' s
24 commercial businesses and hundreds of
25 acres in the surrounding area. You
November 7, 2016 51
1 can call it agricultural purposes and
2 it is. It really isn't nothing to do
3 with what is -- the people that sold
4 that land and the idea -- I voted as
5 a citizen, for land preservation.
6 Not to have a cheap place to have him
7 put his equipment for his business.
8 Thank you.
9 CHAIRMAN WILCENSKI: Thank you,
10 sir. Okay, with that being said --
11 MS. M. SAWASTYNOWICZ: I'm sorry.
12 I really just want a rebuttal because
13 I feel --
14 CHAIRMAN WILCENSKI: Hold on. I
15 just want to mention that a lot of
16 the comments that are being made are
17 repetitive and we had a hearing --
18 but go ahead.
19 MS. M. SAWASTYNOWICZ: I just want
20 to comment in the words of
21 Mr. Ackermann representative, the
22 words uses were the tractors -- I go
23 back to the definition. The
24 definition of a commercial garage
25 where vehicles are parked. Storage
November 7, 2016 52
1 facility, the deed for this property
2 is for management of the property on
3 Alvahs Lane. Not a business entity
4 that is managing a growing industry,
5 Mr. Ackermann' s own words. I really
6 don't care if his equipment is in
7 good working order. That is not my
8 problem. Nor is it anyone else' s
9 problem. My vehicle is in good
10 working order. Maintaining it and
11 taking care of what I have is my
12 responsibility. It's not the Town's
13 responsibility on preserved land.
14 There was a comment also just on
15 chemicals. I would just refute that
16 comment by saying that sprayers and
17 chemicals on Page 31 of this letter
18 from Melissa Spiro, chemical storage
19 and fuel storage are all listed on
20 here. Again, it' s not the taxpayers
21 who should be supporting a business
22 who wants to manage all local
23 vineyards on the North Fork. Great
24 enterprise, but it' s not our fiscal
25 responsibility to afford it. Thank
November 7, 2016 53
1 you.
2 CHAIRMAN WILCENSKI: Thank you.
3 Go ahead.
4 UNKNOWN FEMALE: I know there were
5 more handed petitions that weren't in
6 the minutes.
7 CHAIRMAN WILCENSKI: Yes. That is
8 true. And I want to look to the
9 Board to make a motion to close the
10 hearing but leave it open for the
11 next two weeks for written comments.
12 So if you have anybody who has not
13 been here, but we will close the
14 public hearing today. I need a
15 motion for that. And also leave open
16 for written comments to the Planning
17 Department for the next two weeks.
18 MEMBER RICH: I make a motion we
19 close the hearing and leave it open
20 for written comments for
21 November 21st.
22 CHAIRMAN WILCENSKI: Motion made
23 by Jim.
24 MEMBER SIDOR: Second.
25 CHAIRMAN WILCENSKI: Seconded by
November 7, 2016 54
1 Martin.
2 Any discussion?
3 (No Response) .
4 CHAIRMAN WILCENSKI: All in favor?
5 MEMBER RICH: Aye.
6 MEMBER SIDOR: Aye.
7 MEMBER CREMERS: Aye.
8 MEMBER RAFFERTY: Aye.
9 CHAIRMAN WILCENSKI: Aye.
10 Against?
11 (No Response) .
12 CHAIRMAN WILCENSKI: Motion
13 carries. Thank you all.
14 CHAIRMAN WILCENSKI: Need a motion
15 to approve the minutes of
16 October 3, 2016?
17 MEMBER RICH: I make a motion we
18 approve the minutes from
19 October 3, 2016.
20 CHAIRMAN WILCENSKI: Motion made
21 by Jim.
22 MEMBER CREMERS: Second.
23 CHAIRMAN WILCENSKI: Seconded by
24 Bill.
25 Any discussion?
November 7, 2016 55
1 (No Response) .
2 CHAIRMAN WILCENSKI: All in favor?
3 MEMBER RICH: Aye.
4 MEMBER SIDOR: Aye.
5 MEMBER CREMERS: Aye.
6 MEMBER RAFFERTY: Aye.
7 CHAIRMAN WILCENSKI: Aye.
8 Motion carries.
9 A motion for adjournment.
10 So moved. Good night.
11
12 (Whereupon, the meeting concluded. )
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November 7, 2016 56
1
2 C E R T I F I C A T I O N
3
4
5
6 I, Jessica DiLallo, certify that the
7 foregoing transcript of audio recorded
8 Meeting/Public Hearings was prepared
9 using required electronic transcription
10 equipment and is a true and accurate
11 record of the meeting.
12
13
14 Signature:
15 Jessica DiLallo
16
17
18 Date: February 20, 2017
19
20 Approve
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