HomeMy WebLinkAboutPB-12/05/20161
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TOWN OF SOUTHOLD PLANNING BOARD
COUNTY OF SUFFOLK: STATE OF NEW YORK
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TOWN OF SOUTHOLD
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PLANNING BOARD MEETING
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Southold, New York
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December 5, 2016
RECEIVED
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4LA
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MAY - 5vu01
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S uthold Town Clerk
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Board Members Present:
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DONALD J. WILCENSKI, Chairman
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WILLIAM CREMERS, Board Member
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PIERCE RAFFERTY, Board Member
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JAMES H. RICH, III, Board Member
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MARTIN H. SIDOR, Board Member
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1 INDEX
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3 ITEM
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5 SEQRA TYPE CLASSIFICATIONS
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7 13400 Main Road
8 Matchbook Distillery
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11 SEQRA DETERMINATIONS OF SIGNIFICANCE
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13 Fox Lane Residences
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16 APPROVAL CONDITION EXTENSION
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18 Fishers Island Club Additions
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21 STIPULATION OF SETTLEMENT
22 TIMELINE EXTENSION
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24 Nocro, Ltd, Et Al. Vs. Russell, Et Al.
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1 HEARINGS HELD OVER
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3 PURITA WINERY
4 SURREY LANE VINEYARD
5 SANNINO WINERY & Tasting Room
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17-25
26-57
57-85
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December 5, 2016
CHAIRMAN WILCENSKI: Good afternoon,
ladies and gentlemen. Welcome to the
regularly scheduled Southold Town
Planning Board Meeting of
December 5, 2016.
The first order of business is to set
Monday, January 9, 2017 at 4:30 PM, at
the Southold Town Hall, Main Road, as the
time and place of the next regular
Planning Board Meeting.
MEMBER RICH: Motion.
CHAIRMAN WILCENSKI: Motion made
by Jim.
MEMBER SIDOR: Second.
CHAIRMAN WILCENSKI: Seconded by
Martin.
Any questions?
(No Response.)
CHAIRMAN WILCENSKI: All in favor?
MEMBER RICH: Aye.
MEMBER SIDOR: Aye.
MEMBER CREMERS: Aye.
MEMBER RAFFERTY: Aye.
CHAIRMAN WILCENSKI: Aye.
Against?
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December 5, 2016
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(No Response.)
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CHAIRMAN WILCENSKI: Motion
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carries. ,
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State Environmental Quality Review
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Act. We have two classifications.
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13400 Main Road. This proposed Site
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Plan is in conjunction with a pending Lot
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Line Modification. This is for the
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addition of plus or minus 9,258 square
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feet of land for plus or minus 23 parking
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stalls on 1.05 acres in the Hamlet
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Business Zoning District in Mattituck.
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The property is located at 13400 New York
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State Route 25, plus or minus 10 feet
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southwest of Wickham Avenue & New York
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State Rt. 25, Mattituck.
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SCTM#1000-114-11-9.6.
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MEMBER RAFFERTY: Mr. Chairman, I
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would like to offer the following.
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WHEREAS, this proposed Site Plan, in
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conjunction with a pending Lot Line
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Modification, is for the addition of
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±9,258 square feet of land for ±23
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parking stalls on 1.05 acres in the
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Hamlet Business Zoning District,
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December 5, 2016
Mattituck; 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 has determined that this
proposed action is an unlisted action
under SEQRA as described.
CHAIRMAN WILCENSKI: Motion made
by Pierce.
MEMBER RICH: Second.
CHAIRMAN WILCENSKI: Seconded by
Jim.
Any questions?
(No Response.)
CHAIRMAN WILCENSKI: All in favor?
MEMBER RICH: Aye.
MEMBER SIDOR: Aye.
25 MEMBER CREMERS: Aye.
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MEMBER RAFFERTY: Aye.
CHAIRMAN WILCENSKI: Aye.
Against?
(No Response.)
CHAIRMAN WILCENSKI: Motion
carries.
MEMBER RAFFERTY: BE IT FURTHER
RESOLVED, that the Southold Town
Planning Board sets Monday,
January 9, 2017 at 4:31 P.M. for a
public hearing for the site plan
entitled 13400 Main Road, prepared by
John C. Ehlers Land Surveyor dated
October 28, 2014 and last revised
October 26, 2016.
CHAIRMAN WILCENSKI: Motion made
by Pierce.
MEMBER RICH: Second.
CHAIRMAN WILCENSKI: Seconded by
Jim.
Any questions?
(No Response.)
CHAIRMAN WILCENSKI: All in favor?
MEMBER RICH: Aye.
MEMBER SIDOR: Aye.
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MEMBER CREMERS: Aye.
MEMBER RAFFERTY: Aye.
CHAIRMAN WILCENSKI: Aye.
Against?
(No Response.)
CHAIRMAN WILCENSKI: Motion
carries.
Matchbook Distillery. This Amended
Site Plan Application is for proposed
interior renovations to existing
buildings. No footprint expansion is
planned. For a production distillery,
formerly a warehouse facility, consisting
of four buildings totaling 32,038 square
feet. Plus or minus 12,902 square feet
to remain as storage. Plus or minus
18,979 square feet distillery and plus or
minus 2,257 square feet vinegar
production with thirty-three parking
stalls on 1.5 acres in the Light
Industrial Zoning District. The
property is located at 230 Corwin
Street, southeast corner of 9th Street
and Corwin Street in Greenport.
SCTM#1000-48-2-44.3.
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December 5, 2016
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MEMBER RICH: Mr. Chairman, I
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offer the following.
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WHEREAS, this amended Site plan
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application is for proposed interior
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renovations to existing buildings (no
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footprint expansion) for a production
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distillery, formerly a warehouse
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facility, consisting of four (4)
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buildings totaling ±32,038 square feet.
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±12,902 square feet to remain as storage,
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±18,979 square feet distillery and ±2,257
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square feet vinegar production with
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thirty-three (33) parking stalls on 1.5
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acres in the Light Industrial zoning
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district, Greenport; and
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WHEREAS, the Southold Town Planning
17 Board, pursuant to State Environmental
18 Quality Review Act (SEQRA) 6 NYCRR, Part
19 617, has determined that the proposed
20 action is an Unlisted Action as it does
21 not meet any of the thresholds of a
22 Type I Action, nor does it meet any of
23 the criteria on the Type II list of
24 actions; be it therefore;
25 Resolved that the Southold Town
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Planning Board has determined that this
proposed action is an unlisted action
under SEQRA as described above.
CHAIRMAN WILCENSKI: Motion made
by Jim.
MEMBER SIDOR: Second.
CHAIRMAN WILCENSKI: Seconded by
Martin.
Any questions?
(No Response.)
CHAIRMAN WILCENSKI: All in favor?
MEMBER RICH: Aye.
MEMBER SIDOR: Aye.
MEMBER CREMERS: Aye.
MEMBER RAFFERTY: Aye.
CHAIRMAN WILCENSKI: Aye.
Against?
(No Response.)
CHAIRMAN WILCENSKI: Motion
carries.
MEMBER RICH: BE IT FURTHER
RESOLVED, that the Southold Town
Planning Board sets Monday,
January 9, 2017 at 4:32 P.M. for a
public hearing for the site plan
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December 5, 2016
entitled Matchbook Distillery Company
prepared by Robert J. Gruder dated
June 20, 2016.
CHAIRMAN WILCENSKI: Motion made
by Jim.
MEMBER SIDOR: Second.
CHAIRMAN WILCENSKI: Seconded by
Martin.
Any questions?
(No Response.)
CHAIRMAN WILCENSKI: All in favor?
MEMBER RICH: Aye.
MEMBER SIDOR: Aye.
MEMBER CREMERS: Aye.
MEMBER RAFFERTY: Aye.
CHAIRMAN WILCENSKI: Aye.
Against?
(No Response.)
CHAIRMAN WILCENSKI: Motion
carries.
I need a motion to table Fox Lane
Residences?
MEMBER RICH: Motion.
CHAIRMAN WILCENSKI: Motion made
by Jim.
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MEMBER RICH: Second.
CHAIRMAN WILCENSKI: Seconded by
Martin.
Any questions?
(No Response.)
CHAIRMAN WILCENSKI: All in favor?
MEMBER RICH: Aye.
MEMBER SIDOR: Aye.
MEMBER CREMERS: Aye.
MEMBER RAFFERTY: Aye.
CHAIRMAN WILCENSKI: Aye.
Against?
(No Response.)
CHAIRMAN WILCENSKI: Motion
carries.
Approval of Condition Extension.
Fishers Island Club Additions. This
Approved Amended Site Plan is for the
proposed addition of 10,471 square foot
to expand the existing use areas within
the club house and increase the existing
14,270 square feet of Fishers Island
Country Club to 24,741 square feet,
including the addition of 28 parking
stalls and a new sanitary system on 12.3
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acres in the R-120 Zoning District. The
property is located plus or minus 820
feet southwest of East Main Road and East
End Road, Fishers Island.
SCTM#1000-4-6-9.
MEMBER SIDOR: WHEREAS, this
Amended Site Plan is for the proposed
addition of 10,471 square feet to
expand the existing use areas within
the club house and increase the
existing 14,270 square feet Fishers
Island Country Club to 24,741 square
feet, including the addition of 28
parking stalls and a new sanitary
system on 12.3 acres in the R-120
Zoning District, Fishers Island; and
WHEREAS, on May 2, 2016, Lisa Poyer,
authorized agent, submitted a Site Plan
Application for review; and
WHEREAS, on May 16, 2016, the Planning
Board formally accepted the application
as complete for review; and
WHEREAS, on October 3, 2016, the
Planning Board approved the Site Plan
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"Fishers Island Club", prepared by CME
Associates, dated January 25, 2016 and
last revised September 23, 2016, and
authorizes the Chairman to endorse the
Site Plan. The second condition required
the applicant to provide proof of filing
a Covenant & Restriction within 30 days
of the Planning Board accepting the draft
Covenant; the 30 day limit is set to
expire January 3, 2017.
WHEREAS, on November 16, 2016, Lisa
Poyer, authorized agent, submitted a
request to extend time sensitive
condition requirement; and
BE IT RESOLVED, that the Southold Town
Planning Board grants a 60 -day extension
from January 3, 2017 to March 3, 2017
regarding the second condition listed in
the approval resolution motion dated
October 4, 2016.
CHAIRMAN WILCENSKI: Motion made
by Martin.
MEMBER RICH: Second.
CHAIRMAN WILCENSKI: Seconded by
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1 Any questions?
2 (No Response.)
3 CHAIRMAN WILCENSKI: All in favor?
4 MEMBER RICH: Aye.
5 MEMBER SIDOR: Aye.
6 MEMBER CREMERS: Aye.
7 MEMBER RAFFERTY: Aye.
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CHAIRMAN WILCENSKI: Aye.
Against?
(No Response.)
CHAIRMAN WILCENSKI: Motion
carries.
Stipulation of Settlement Timeline
Extension:
NOCRO Limited, et al. Vs. Russell, et
al. Approval of an extension of certain
timelines in the Stipulation of
Settlement with regard to The Heritage of
Cutchogue Site Plan.
MEMBER RAFFERTY: Mr. Chairman, I
would like to offer the following
resolution. That the Planning Board
of the Town of Southold hereby
approves the attached Stipulation
extending Heritage at Cutchogue,
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LLC's time to accept or reject the
Conditional Approval issued by the
Town and agreeing to toll the time to
challenge the Conditional Approval,
and hereby authorizes Chairman Donald
Wilcenski to execute said stipulation
on behalf of the Planning Board.
MEMBER RICH: Second.
CHAIRMAN WILCENSKI: Motion made
by Pierce. Seconded by Jim.
Any questions?
(No Response.)
CHAIRMAN WILCENSKI: All in favor?
MEMBER RICH: Aye.
MEMBER SIDOR: Aye.
MEMBER CREMERS: Aye.
MEMBER RAFFERTY: Aye.
CHAIRMAN WILCENSKI: Aye.
Against?
(No Response.)
CHAIRMAN WILCENSKI: Motion
carries.
That ends our Resolutions and we will
go to the public hearing section of
tonight. We had three public hearings
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that were held over from last month. The
first public hearing is for:
Purita Winery. This Site Plan is for
the proposed construction of a 30' x 90'
or 2,652 square foot addition to an
existing 71' x 90' or 6,422 square foot
wine production building to expand the
current uses of wine production and
storage, not open to the public, on a
0.76 acre parcel with an existing single
family dwelling and nine parking spaces.
The subject parcel is proposed to be
merged with an adjacent 2.7 acre reserve
area which is SCTM#1000-51-3-4.11, which
is attached to plus or minus 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, plus
or minus 420 feet southwest of County
Road 48 and Old North Road in
Southold. SCTM#1000-51-3-5, 4:11, 4.12,
4.13 and 4.14.
At this time, I would like to open up
to the floor, anyone who would like to
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P&A
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address the Board on Purita Winery. I
would also like to make a comment that we
did send a list of questions out to this
winery and we have received back most of
the requested information at this time.
And we would just like to ask if there
is any more public hearing? If anyone
would like to address the Board, please
step up to one of the podiums. State
your name or write your name and address
the Board for Purita Winery.
Anyone?
MS. WICKHAM: Good evening. My
name is Gail Wickham on behalf of the
applicant. We have given you quite a
bit of information, I have a few more
comments that I would like to add.
This is a production facility. It is
not open to the public. The property
on which it's located will be merged
with a 19 acre vineyard and other
amenities on the property. The
vineyard having been planted on 2004.
I have a timeline that I will submit
at the conclusion of the hearing,
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which outlines the activities in
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relation to this site plan and those
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proceeding them that have occurred up
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until today. In addition to the
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19 acres, which I referred in my
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letter to you, there is another
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12 acre parcel, on which 9 acres of
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grapes are planted to the adjacent to
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this property on the east. And our
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applicant is leasing that property.
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So there is a total of 28 acres in
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production on this parcel and the
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adjoining parcel. I didn't answer
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all of the questions in your letter.
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Some were not related to the
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production facility because this is a
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use that is allowed under the code.
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And some were very difficult to
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answer because there were so many
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variables. But I do want to give you
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some indication of the general
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production prospect or estimates that
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I have obtained from different
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vendors on the North Fork. Because
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of Viticulture is a farming activity,
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it is subject to many variables in
which I know you guys are aware of.
A general rule is that an acre of
grapes can generally produce 2 to 5
tons of grapes depending on what the
weather is like, what the crop is
like, what the variety is like. Some
people want to maximize their fruit
yield. Some people want to minimize
that in favor of a more particular
quality or tending of the vines. If
you want to translate that into
actual production in terms of cases,
a rule of thumb is that one ton of
grapes can usually be estimates to
yield 61 to 63 cases of wine. Again,
that is just a general rule. It is
subject to variables. But what we
have here is a winery that has an
onsite production facility on the
vineyard. It's a fairly large one.
Fairly large vineyard. The
development rights have been sold
back in 2005 to the County of
Suffolk. So that it would have to
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December 5, 2016
remain an agricultural. It's not
something that can be changed
later on. I don't know if you have
any other questions but those are --
I think I do want to see if you guys
have any other questions that I
might be able to help you out
with?
CHAIRMAN WILCENSKI: Does any
Board member have any questions for
Ms. Wickham?
(No Response).
CHAIRMAN WILCENSKI: Not at this
time.
MS. WICKHAM: Thank you.
CHAIRMAN WILCENSKI: Would anyone
else like to address the Board on
Purita Winery?
You can step to the other podium.
State your name and write your name for
the record.
MS. ANSON: Good evening. My name
is Jessica Anson. I am from Long
Island Farm Bureau Public Policy
Director. I am not here tonight to
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speak about specific project. I am
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here speaking out on behalf of the
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agricultural community and some other
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concerns. If you would like me to
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speak now or wait until the --
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CHAIRMAN WILCENSKI: This public
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hearing is for Purita Winery. So
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anything that you have to address
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should be addressed to Purita Winery
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application. That is the public
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hearing that is right now.
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MS. ANSON: So if I want to speak
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in general to some of these
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applications, can I do that now or
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will that -- there be another
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opportunity?
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CHAIRMAN WILCENSKI: Sure, you can
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do that now.
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MS. ANSON: Thank you. Long
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Island Farm Bureau is a membership of
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3500 farmers, fishermen and
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individuals interested in a rural
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life. Our culture continues to be
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leading economic in the Town of
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Southold and provides the scenic
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background for Southold's rural
quality of life. In order for
agriculture to survey, it's critical
that farming remains economically
viable. Southold Town needs to
recognize that agriculture continues
to evolve and move towards farm
marketing such as on-site farm
processing and value out products.
Including jams, jellies, wines and
other alcoholic beverages. As
farmers generate better returns on
their crops from retail sales, it's
imperative that we provide them with
avenues to operate in the most
profitable ways. If farmers are now
profitable, it's a greater incentive
to continue farming and pass their
farms down to a younger generation
for prime soilers in the Town for
working farming. Recently the delays
and approvals for projects and
unfairly penalized for agricultural
businesses. The length of time
between site plan submissions an
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receiving agricultural approval for
operations cannot be dragged out for
months. As seasonal businesses,
agricultural has a tight schedule and
postponements and ultimately may
cause farmers to miss the opportunity
to complete new plans to support
their livelihood. Farmers need to
capitalize on the local interests and
buying locally produced products and
adjust their business mottos in a
timely fashion. Agricultural
community remains openly to proactive
in addressing all these issues with
the Town and working groups,
co -changes and other means that do
not stall the growth and evolution of
the industry. Long Island Farm
Bureau encourages our local
government to support farmers so we
can keep our industry strong and
viable in foreseeable future. Thank
you very much.
CHAIRMAN WILCENSKI: Thank you for
your time. Please sign your name for
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the record.
Would anybody else like to address the
Board on Purita Winery?
(No Response.)
CHAIRMAN WILCENSKI: Anyone?
Seeing no one, can I have a motion to
close the hearing?
MEMBER RICH: Motion to close the
hearing.
CHAIRMAN WILCENSKI: Motion by Jim
to close the hearing.
MEMBER SIDOR: Second.
CHAIRMAN WILCENSKI: Seconded by
Martin.
Any questions?
(No Response.)
CHAIRMAN WILCENSKI: All in favor?
MEMBER RICH: Aye.
MEMBER SIDOR: Aye.
MEMBER CREMERS: Aye.
MEMBER RAFFERTY: Aye.
CHAIRMAN WILCENSKI: Aye.
Against?
(No Response.)
CHAIRMAN WILCENSKI: Motion
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carries.
Thank you.
The second public hearing that is
carried over from last week is for Surrey
Lane Vineyard. This proposed Site Plan
is for a building with a 3,610 square
foot footprint. For retail of wine, no
production. Second floor, basement area
for storage, and farm stand with 39
parking stalls. 21 land banked, on a
1.8 acre parcel, SCTM#1000- 69-5-18.1.
Adjacent to plus or minus 43.7 acres of
farmland, which is SCTM#1000-69-5-18.6;
to be merged with Development Rights held
by Suffolk County in the AC Zoning
District in Southold. The property is
located at 46975 Route 25, plus or minus
47 feet, east of South Harbor Road and
New York State Rt. 25 in Southold.
SCTM#1000-69-5-18.1 and 18.6.
At this time, I would like to ask the
audience if there is anyone in the
audience that would like to address the
Board on Surrey Lane Vineyard? Please
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the record. Address your comments to the
Board.
MS. WICKHAM: Good evening. Gail
Wickham of Mattituck, on behalf of
Surrey Lane. Also here tonight are
Nancy Steelman who is the architect
on the project and Mr. Shank who is
the principal. So if I can't answer
your questions, perhaps they can.
First thing that I want to do is
emphasize that the applicant has
amended his plan to show a wine
production facility in the main
building. The entire basement area
will be wine production. The Tasting
Room on the first floor offices and a
small Tasting Room upstairs. This is
something that the applicant has
submitted to you with my letter
submitted on Thursday of last week.
I believe you have that plan. This
is not a big project. This is not a
big building. The entire scale is
relatively modest. There are several
letters in the file referring it to a
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catering hall, it's not a catering
hall. Give me a moment, I just want
to refer to my notes so I can give
you the accurate square footages.
The basement total is 1,396 square
feet. That is where the production
will be. It will be full production.
It will be able to accommodate 10
tanks up to 12 feet in height. The
first floor, -- the basement will
also include a trench drain. And
that will require the applicant to
install a separate sanitary system
off to the west side of the building
to accommodate grey water, waste
water. The first floor will be
1,933 square feet, exclusive of
porches. And the mezzanine I do have
the floor area of the other portions
outside the building in my letter.
While you can add the inside and the
outside together, when it's nice,
people will not be sitting around the
Tasting Room and outside and vice
versa. That's one reason it's very
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December 5, 2016
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difficult to predict exactly what the
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occupancy will be. The definition in
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the code of a winery is a place where
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wine made primarily from Long Island
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grapes is produced and sold. You
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sell your wine through the Tasting
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Room, which is a part of the
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principale use. It's not an
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accessory to the winery. And it is a
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use which is specifically authorized
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and included in the farm winery
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license. I know that the Building
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Inspector did not raise the question
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in his notice of disapproval, that
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referred the matter to this Board for
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Site Plan. He did not mention the
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use and that Notice of Disapproval is
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in your record. The applicant feels
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that this type of winery is the type
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of winery that is correct for
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Southold Town. It's small. It's
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family run and it's on the farm where
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grapes are produced. This is a
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fairly large farm. 43 acres. It has
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25 acres of producing vineyard at the
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current time. To compare this
facility, which some of the letters
did to Vineyard 48, it's really like
comparing the 1670 house up here on
Route 48 in Southold to Bob's
Furniture Warehouse. This is a small
family run facility. Unfortunately
there is always someone in the
industry that is going to push the
envelope, but we're very fortunate in
Southold Town to have a huge
contingent of people in the industry
who are contingent to growing the
grapes and selling the wine. This
lends itself to Southold's
agricultural and understated heritage
for small family farms that are able
to produce and market effectively as
good neighbors. Farming itself is
not always quiet and contained. It's
usually more so than a block of 20
houses that could have been built on
this farm. There are actually very
few homes near the proposed site.
And many of the owners in the
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vicinity have the benefit of open
farmland adjacent to the backyards.
That farmland can exist only if the
production it generates has a viable
market. And marketing and sales have
always been an integral part of the
farming operation as with any
business. And the key required is to
be able to deal with the cost of
production versus the revenue. If
you can produce, market and sell your
wine at the farm, that is optimal.
It narrows down the long run
production costs, distributor costs
and wholesale revenue reduction that
comes when you sell at a wholesale
basis rather than retail. To run an
operation that invites neighbor
complaints is also counterproductive
to the owner in terms of adverse
publicity, and of course unwanted
legal costs. This owner does
understand that. Wine tasting is a
sales tool. And tasting wine has
always been that. Tasting not always
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December 5, 2016
consuming. That is why it was
difficult to answer the questions
about size and wine and how it would
relate. Moreover, it's not something
that I think is appropriate to the
question of a site plan. We have
submitted a lot of information. I
would ask that the letter or the
statement that the Long Island Farm
Bureau representative Jessica made,
be included in this record, unless
you would like to get up and read it,
again, because I think that is an
important point? If there is
anything else, I would be happy to
answer it?
CHAIRMAN WILCENSKI: Would anybody
else like to address the Board on
Surrey Lane? Yes. You can step to
this mic right here and state your
name.
MS. PHARR: Pauline Pharr. I live
at 360 South Harbor Road. I have no
objection to Surrey Lane's proposed
winery but I am very concerned about
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December 5, 2016
the traffic situation at that point.
I have witnessed many accidents
coming out of South Harbor. And I
hoped for years that a light would go
up there, but it hasn't come. And
this connection between the lower
road and the main road and then 47
feet away, South Harbor Road, is a
very dangerous one. So I am hoping
that the Town will address perhaps
pressing the State to put a light
similar to what you see at Cox Lane
and Eugene Lane. Because I don't
want to see any more accidents. You
can to cross -- if you're getting
into Surrey Lane from going east, you
have to cross the road. And coming
out, if somebody has to make a u -turn
coming west, because they don't know
what they're doing and they didn't
turn left getting out of the
driveway, it's just a worry to me.
That's why I am here. I am not
complaining. I am worrying. And I
am hoping that you will try to
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address that problem. Even if you
don't think this is going to produce
enough traffic, South Harbor has been
a menace for many years. People use
it to get to Bayview. I have lived
there 40 years and I can't tell you
how many accidents I have witnessed.
That is my statement.
CHAIRMAN WILCENSKI: Thank you.
You can please write your name for
the record. Would anybody else like
to address the Board on Surrey Lane?
Yes, sir.
MR. ANTONELLI: My name is Carmine
Antonelli. I live at 475 Ackerly
Pond Lane. I am kind of new at this.
I am new in this area. I am very
lucky to be here. Dave and Liz,
their daughter Jessie, they're very
lovely people. They're friends of
mine. I've got -- lady just brought
out a point about the traffic
situation, very serious. And the
fact that everybody got the right to
25 run a business, open a business and
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December 5, 2016
thrive and move on, but when it's
going to change that whole little
atmosphere in Town, I got a couple of
questions. One is, a lot of the
people --
CHAIRMAN WILCENSKI: Excuse me,
Carmine, you have to address --
MR. ANTONELLI: -- none of us
received any kind of notice besides
word of mouth of what is looking to
be done. Like I said, I don't want
to throw stones or mock other
people's businesses but Sophie's is
an established business. I don't
think it will ever go anywhere. I
have heard stories that Sophie's is
one of the pioneers here. But when
they have a big party, you know about
it. Dave and Liz mentioned that they
wanted to do a wedding for their
daughter Jessie. Is it just going to
be a one-time wedding situation or is
-- will it be weddings open to the
general public? Otherwise a wedding
hall, that is my question?
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CHAIRMAN WILCENSKI: You need to
address the Board.
MR. ANTONELLI: Sorry. Here is
another one. Now last month, there
were a lot of people discussing their
feelings about what's going on and
again, like I said, these people are
very nice people. No doubt about it.
We're not buying these people. In
other words, we're buying the
vineyard and the alcohol and like
that other lady from South Harbor,
got a very valid point, traffic wise.
Now one of the people last month said
there is homeless people in Triangle
Park. I'm only here four years. I
walk my dog every day, different
times a day. I see families with
children. I see dating game going on
where couples go there and have lunch
and at a lovely park. Like I said,
the whole area is something that I
never imagined being a part of it.
So to be changed into a commercial --
in other words, I wish these people
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could just do a driveway on another
street where it wouldn't interfere
with Lower Road. Lower Road has a
bind turn. In other words, you got
regular traffic that passes through.
Not a big deal. If you put a lot of
people coming in and out of that
street, like that lady said, with the
accident on South Harbor, Ackerly
Pond is a nightmare. You know, what
I mean. Again, like I said, I hate
to be one of the people saying it's
not a good idea because I really
believe that everybody has the right
to run a business and they are.
They're lovely people. That is not
even a question mark here. It's the
access to the vineyard or the winery
and what it's going to do with
Triangle Park. In other words, there
is a lot of traffic now and like I
said about other places that have
weddings and you hear the music. I
was in my backyard with a friend and
25 we were dust hanging out and kicking
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back, and I said to her, "What the
hell is that?" She said, "Whoa,
there is a bus over there." So I got
up and walked over to Lower Road and
not far, it's only one property
across. And I said to the bus
driver, "Listen Buddy, I am a truck
driver all my life. To sit here in
my yard to try and relax, I got to
hear that -- he said, "No. No. No."
So I actually helped him turn around.
He had to back up and make a u -turn.
So I backed him up into Ackerly Pond
and then he went up to Triangle Park.
Triangle Park to me is -- it's part
of this community since Day 1. So to
see things like that change, I only
wish my friends and neighbors, you
know, do it at a different end of the
Town. Come in from Sound Avenue. I
don't know if you have any access to
that. That is the killer part. Like
I say, everybody deserves a right to
do business and as along as it's safe
for everybody else involved. I am
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just trying to bring it up. Thank
UNA
CHAIRMAN WILCENSKI: Thank you.
Would anyone else like to address the
Board?
(No Response.)
CHAIRMAN WILCENSKI: Anyone?
(No Response.)
CHAIRMAN WILCENSKI: I have some
comments to make once everybody is
done. If you want to speak? Go
ahead.
MS. WICKHAM: I would like to
thank the two speakers for their
comments. I believe Ms. Pharr's
comments are addressed by many of the
comments in my letter. For instance,
the distance shown on the map that
Ms. Steelman prepared from South
Harbor Lane and this is the 130 feet.
We are not on South Harbor Lane.
There is a diagram in the package
that shows the route that cars can
take and they do not involve anything
with South Harbor Lane. They can
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December 5, 2016
enter right off the main road without
involving South Harbor Lane. She
referred to Cox and Eugene Road,
which is an intersection, which I
have gone through many times. Cox
intersection is a major artery, two
main roads. And Eugene Road is a
feeder for Nassau Point Community.
South Harbor is an active
thoroughfare as well but I don't
think they're comparable. The
comments that Mr. Antonelli made, I
also appreciate. I note that he
purchased his property in 2012 when
this was already an active vineyard.
I don't think that there should be a
surprise that this type of use is
coming. He's over 1,000 feet away.
The wedding question that was raised,
that was addressed to the Board and
also addressed by the code. As far
as successors, that's something
people worry about. The type of
winery that is being proposed here is
a very small one. A purchaser would
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December 5, 2016
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have to fit within that type of
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business plan and if they wanted to
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expand and make something different,
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they would have to come back to the
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Board and do that. One thing about
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this site, is -- first of all,
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because it's a relatively small
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facility, it will have a modest
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traffic flow. Our estimations, we
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probably over estimated what they
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could be, they could be variable.
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There are multiple routes in which
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the traffic can enter and exit on
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this property. They all don't have
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to go out on Lower Road. They don't
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all have to go out onto Ackerly Pond
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Lane. And the bus turning is
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provided for in the plan. And
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Ms. Steelman also presented that. As
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far as the limousines, that's by
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appointment only. They can be
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discussed with the operator ahead of
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time with specific routes to the
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company to avoid difficulty. Thank
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you.
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CHAIRMAN WILCENSKI: Thank you.
Would anybody else like to address
the Board? Anybody?
(No Response.)
CHAIRMAN WILCENSKI: Okay. I am
going to read a statement that was
prepared by staff and gone over by
the Board in regard to this
application. "The sudden production
of a wine addition in the basement
area of the proposed building is not
convincing evidence that the main
purpose of this building is to
produce wine. If the main purpose
was to produce wine, the wine
production area would not have been
an afterthought, nor would it not
have had a crushing pad left off the
plan. This is all work and research
done and the plans submitted by staff
and recommended to the Board, a code
interpretation from the ZBA on the
retail sale of wine, associated wine
tasting and their connection to wine
25 making on site is recommended prior
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December 5, 2016
to proceeding with further review of
this application. Interpretation is
necessary to help establish whether
the application before the Planning
Board meets with the Town Code as
well as to help the Board process
future applications without setting
precedent."
At this point, I would like to
ask the Board for a motion to send
this to the ZBA for a code
interpretation?
THE AUDIENCE: (Inaudible).
CHAIRMAN WILCENSKI: No. We're
going to vote on this. We have a
motion on the floor --
MEMBER RICH: I make a motion
to --
THE AUDIENCE: (Inaudible).
MEMBER RICH: I make a motion to
adjourn this meeting and turn this
over to the ZBA.
CHAIRMAN WILCENSKI: Motion made
to adjourn the meeting on Surrey
Lane --
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MS. WICKHAM: Excuse me,
Mr. Chairman, may I be clear that we
would like a chance to address those
concerns?
CHAIRMAN WILCENSKI: You will have
a chance. The meeting is just being
adjourned.
MS. WICKHAM: I would like to
address them now.
CHAIRMAN WILCENSKI: Motion made
by Jim.
MEMBER SIDOR: Second.
MEMBER RAFFERTY: Before I vote,
there were questions asked of all
three wineries that were held last
month. And to be consistent here,
there were a few questions left off
on this one and not on the other two.
So I think those are the kinds of
questions that we were looking at and
nothing more than that.
MS. WICKHAM: Okay. The kinds of
questions that I believe you're
referring to, are not part of what
the Planning Board is reviewing at
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this application. This is a wine
production facility. I do object to
the language of a sudden addition of
wine production --
CHAIRMAN WILCENSKI: There was --
MS. WICKHAM: Let me finish, if I
may. The wine production as I
understand it and I was not part of
the original application, was
provided on another site on this
project. When the question came up,
the applicant and his professionals
conferred and at great expense, he
has decided to move almost 1500 of
production into the basement with all
the amenities that are required for
production. It's not a sudden fit of
the imagination in order to go around
the code. It's something where he's
going to have to spend a lot of money
to put in a production facility and
he's willing to do that because this
application is important to him. The
crushing can be done at the field or
25 off site. It doesn't have to be
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here. The wine has to be produced
here. It will be produced here. I
wasn't sure -- I didn't quite get all
the language. There was a sentence
you had the word connection in it.
Can you please repeat that for me?
It was about the third or --
CHAIRMAN WILCENSKI: --
"associated wine tasting and their
connection to wine making." And I
think, just to be clear, I am looking
for a motion to adjourn this so we
can gather more information. We are
not rejecting anything as of yet.
And you just said yourself, you just
dropped off new plans last week. And
this staff report was generated
without the going through and looking
over of the new plans that were
submitted. And just a couple of the
observations that were mentioned, was
that the first plan dial not have a
crushing pad and it also did
not -- you talked about wine making
but it didn't show wine making on the
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December 5, 2016
plan.
MS. WICKHAM: The wine making is
shown on the plan. There are tanks
in the basement of considerable
magnitude. We have spoken to
professionals and there is ample room
in this facility to produce wines to
fuel, if you will, the Tasting Room.
That's the whole object is to be able
to have production. Let me read this
again. A winery, is a place where
wine made primarily from Long Island
grapes is produced and sold. And
that is what will happen in this
building. I don't know what else I
can say. What other questions do you
have?
CHAIRMAN WILCENSKI: I don't have
any other questions. The only thing
that I do have, the information that
you submitted last week, before this
meeting, the staff did not have time
to go through the whole file and
update the new plans that you
submitted. The new plans that you
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December 5, 2016
1 submitted, that's why we're
2 adjourning this requesting an
3 adjournment so we can go over the new
4 information that you just got it all
5 right.
6 MS. WICKHAM: Did you say you were
7 referring it?
8 CHAIRMAN WILCENSKI: Referring it
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to the ZBA, yes.
MS. WICKHAM: And why is that?
Can you read that again?
CHAIRMAN WILCENSKI: "The sudden
addition of a wine making area in the
basement of the proposed building is
not convincing evidence that the main
purpose of this is to produce wine."
MS. WICKHAM: It is the Building
Inspector who has to decide the
proper use is and I don't believe
that there is anything in the code
that says anything other than wine --
that wine has'to be produced
primarily from Long Island grapes and
that's what we have provided. I
don't see how the ZBA can shed any
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more light on that. We have shown
the plan. If the request is time to
review, then that's different. But
to refer to the ZBA -- first of all,
time to review is a delay and it's
going to be a hardship on the
applicant but to go to the ZBA, it's
month and months delay. And I don't
see what it is that they're being
asked? I don't see how this is a ZBA
decision?
MR. DUFFY: So the Board is just
clear, as to whether what you're
proposing, since they just received
the information, whether what you're
proposing is sufficient, to producing
wine and the main focus of what is
going on in the property. At the
same time, they're reviewing
everything else.
MS. WICKHAM: I am going to defer
to my co -counsel here.
MR. BRESSLER: I would like to
address that issue. Eric Bressler.
I am Gail Wickham's partner. I would
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like to address that issue. We start
the analysis to this issue in answer
to Bill's question. With the New
York State Alcoholic Beverage Control
Law, and the Farm Winery License that
our client has, it allows it to do
certain things. And it allows them
to produce wine. It allows them to
have a Tasting Room. It allows them
to sell. And certain other things
that are not relevant to this
application. We then move to the
Southold Town Code which says just
what Ms. Wickham said. Production
and sale. It's beyond dispute that
sale includes tasting because A,
that's how it's typically done and B,
nobody is going to buy your wine
unless they can taste it. So to
propose that this go to the Zoning
Board of Appeals for an
interpretation is entirely
irrational. We know what the code
says. We know what the ABC Law says.
Getting directly to Bill's point,
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what advice are you seeking? Is
there a sufficient (Inaudible).
Let's examine that proposition.
Let's say for example that the
operation generates 50 cases of wine.
Is it irrational position to say that
they you can't have a tasting for 50
cases of wine as opposed to 75, 150,
250 or a 1,000? Sales are sales.
That is a decision that the zoning
Board cannot make. Now let's go to
the other end. It's 1,000 cases.
It's 2,000 cases. It's whatever is
permitted by the farm winery. It is
(Inaudible) because I guess age nexus
is there. So -- my question is,
Bill, are you asking the Zoning Board
to set a case limit as to when
tasting is permissible because that
is the only conclusion that I can
draw from what the Board is proposing
to do? And with all do respect,
that's (Inaudible) and it's violative
of the applicants and any other farm
winery license holder's right. If I
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were to start a whole winery and get
a farm winery license and get 50
cases, I could have tasting. So with
all do respect, I don't believe there
is any rational basis for a referral
and there is no basis for the Zoning
Board to make any conclusion about
what constitutes the necessary nexus.
If they did, how do they measure that
nexus? How do you propose what is
going to happen here? The upshot of
what this is, there is going to be
months and months delay and the
result is going to be a non -decision
or a decision which is so clearly
irrational arbitrary and capricious,
that it's going to be challenged and
set aside. So what's the point?
Other than to slow down this
application which has the necessary
effect of imposing hardship to the
applicant. For staff to suggest that
this is an afterthought is completely
absurd. It's disingenuous. There is
a production facility. It is shown.
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It will take the Board all over 30
seconds to look at it and see that
the production is there. So I would
invite the Board to revisit it's
decision about whether or not it's
going to make this referal at this
particular time. I would ask you to
reconsider the comments that I have
just made about the road. That this
Board would go down if they chose to
do that. And the resulting
difficulties to the applicant, this
Board and to the Zoning Board, that
are going to ensue from this. And if
Counsel meant anything other than my
understanding which I think is the
only way to interpret those comments
(Inaudi.ble) then I am willing to be
corrected, but I don't think they
exist. I don't think that is a fair
measure and I don't think that it's a
question for this Planning Board.
So I would urge the Board to not send
it there. If you want to keep this
open for a brief period and review
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December 5, 2016
1
them in detail, that's another
2
question. Although I dare say that
3
somebody has had time to look at it
4
since staff made comments based on
5
amendments to the plan. So what I am
6
urging the Board to do, do not make a
7
referal. There is no basis for it.
8
And if there is going to be a further
9
review to the plan, and you need
10
further information, keep it brief
11
and we would like this thing to
12
happen by the next season. I don't
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want to lose another year. And if
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there are any questions, I would be
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happy to address them, but I think we
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made a firm ground here on that
17
argument.
18
MR. DUFFY: Eric, I think to say
19
it's completely absurd to question
20
the use when your professional said
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at a public hearing said that there
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were no plans to produce wine on
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site. That it may be minimal, if
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they had to do it. And then just a
25
week before this Planning, to get
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plans to show production is not
absurd. They have to question. We
don't have to take the applicants
word for it. If this Board can
look --
MR. BRESSLER: What is before the
Board now? There is amended plan --
MR. DUFFY: I gave you plenty of
time to speak and I didn't interrupt
you once. We can address what you
said or you can keep interrupting and
let the Board make their decision?
MR. BRESSLER: So are you going to
look behind the application? Is that
the purpose of --
MR. DUFFY: We need --
MR. BRESSLER: To test the
credibility of the applicant.
MR. DUFFY: If you're not going to
let me talk then there is no sense if
having it.
MR. BRESSLER: I am trying to
understand your argument.
MR. DUFFY: You don't let me
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understand my argument?
MR. BRESSLER: Is that the
purpose?
MR. DUFFY: I think the purpose is
to get guidance from the ZBA
because --
MR. BRESSLER: As to what? As to
what? Whether the applicant --
MR. DUFFY: Do you want to make a
motion? The motion is just to hold
the opening. The reasons behind it
is not part of the motion. The
motion is just to hold the public
hearing open.
MR. BRESSLER: The motion is just
to keep the public hearing open.
CHAIRMAN WILCENSKI: I am going to
correct that. We did have a motion
on the floor to adjourn and refer to
the ZBA but we will -- I am asking
the Board for a motion now to adjourn
this open -- this hearing so we can
do some more research on the
applicants latest submissions.
MR. BRESSLER: Fair enough. Fair
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enough.
CHAIRMAN WILCENSKI: So can I have
a motion?
MEMBER RICH: I make a motion to
adjourn.
CHAIRMAN WILCENSKI: Motion made
by Jim.
MEMBER SIDOR: Second.
CHAIRMAN WILCENSKI: Seconded by
Martin.
Any questions?
(No Response.)
CHAIRMAN WILCENSKI
MEMBER RICH: Aye.
MEMBER SIDOR: Aye.
All in favor?
MEMBER CREMERS: Aye.
MEMBER RAFFERTY: Aye.
CHAIRMAN WILCENSKI: Aye.
Against?
(No Response.)
CHAIRMAN WILCENSKI: Motion
carries.
23 The next public hearing we have is
24 for Sannino Winery & Tasting Room.
25 This Site Plan is for the proposed
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construction of a 2,800 square foot.
Winery, wine production, retail area,
wine education room, basement and
forty parking stalls on two adjacent
parcels, to be merged pursuant to ZBA
File #6882, totaling 8.94 acres in
the AC Zoning District in Mattituck.
The property is located at 7495
Alvahs Lane, plus or minus 490 feet
southwest of Alvahs Lane and CR 48 in
Cutchogue. SCTM41000-101- 1-14.4 and
14.6.
At this time, I would like to ask
anyone who needs to address the Board on
Sannino Winery, please step to the podium
and write your name and state your name
for the record.
MS. ANSON: Good evening. Jessica
Anson from Long Island Farm Bureau.
I would like to ask that my
previous comments be included in this
hearing as well, unless you would
like me to read them again into the
record?
25 CHAIRMAN WILCENSKI: Yes. You can
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just bring that over to the dais and
we will include that in the pubic
record.
MS. ANSON: Okay. Do you need me
to read it into the record as well?
CHAIRMAN WILCENSKI: No. We have
it being recorded and into the
record. If you have a copy, you can
either fax it over to the office or
if you have an extra copy, you can
give it to us now. Jessica will take
it on the end.
Anyone else like to address the
Board on Sannino Winery and Tasting
Room? Is anyone here for Sannino
Wineries? The owners? Yes. I have a
question. If you can step to the podium.
Please. Thank you.
MR. SANNINO: Anthony Sannino,
applicant.
MS. SANNINO: Lisa Sannino.
CHAIRMAN WILCENSKI: Hi. Thank
you for stepping forward. We have
looked at the plans that you had and
25 I had a question myself.
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December 5, 2016
1
We're obviously all aware of the
2
activity on Route 48 as far as cars
3
and speed and you know, being a dual
4
lane highway and people traveling way
5
faster then they should be. It's a
6
concern of mine to have egress onto
7
48. Also, there is a church right
8
next door. And I was just wondering
9
if you guys have ever or did you give
10
any thought to moving the building
11
back because the property is cleared.
12
The acreage the fronts the open land
13
is free; correct? So my only
14
question is, have you given any
15
thought as to accessing your winery
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-- new winery off of Alvahs Lane?
17
MR. SANNINO: It was actually not
18
recommended at our first meetings.
19
It would be putting traffic on a
20
private road, Alvahs Lane and side
21
road, and all of the homes on
22
Alvahs Lane would be affected by the
23
traffic.
24
CHAIRMAN WILCENSKI: Yes, there is
25
five homes, two of which are B&B's.
December 5, 2016
1
You have a B&B as well?
2
MS. SANNINO: There is one B&B and
3
that's us.
4
CHAIRMAN WILCENSKI: Okay. And
5
then there is a greenhouses to the
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north?
7
MS. SANNINO: Yes. Right.
8
CHAIRMAN WILCENSKI: That was the
9
only question that I had.
10
MR. SANNINO: We are set back
11
100 feet more than the required,
12
which is now 200 feet back off Route
13
48. And to set back any further, it
14
would actually reduce the numbers of
15
acres for planting grapes. So I
16
would probably not want to do that.
17
CHAIRMAN WILCENSKI: Thank you.
18
That was the only question that I
19
had. Does anyone else have any
20
questions?
21
(No Response.)
22
CHAIRMAN WILCENSKI: Does anybody
23
else from the audience have anything
24
to address the Board?
25
Yes, sir. Thank you, Mr. Sannino.
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MR. SCHAFFER: Good evening,
Mr. Chairman and Board. My name is
Rich Schaffer. By way of
introduction, I served 15 years on
the Planning Board. Ten years as
Chairman. Served on the Zoning
Board. Currently the Deputy Mayor of
my Village. And I can appreciate the
kinds of designs that you kinds of
people have to make. So I would
like to make a few general comments.
I have offered my assistance to
Mr. Sannino. Because preserving open
space has been an issue in my
village. And I have worked towards
that. You know, as well as anybody
that there is tremendous pressure on
open space. You have the South
Fork highly developed with well
healed developers looking towards
more areas to develop in a way I
believe that this Town would not
want. You can preserve open space
by the Town purchasing development
rights. By getting a land trust to
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purchase development rights. It's
doubtful you can raise enough money
to do for all the open space you
have. You have a very special
community. You're probably also
aware that farming by itself is not a
commercially stable way to preserve
open space in the North Fork.
Farming needs a value added
component. Low impact too maintain
farming's viability and its role in
preserving the Town character.
Potato's into potato chips. Grapes
into wine. These kinds of value
added activities will allow land
owners to continue farming which they
over wise wouldn't. And would leave
land open for purchase and other
uses. I suggest that the Town of
Southold will not find a more
responsible applicant that Lisa and
Anthony Sannino. Your neighbors who
live in and respect, love and want to
maintain the ambiance as much as you
do. By making their living here,
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hiring workers and paying taxes. A
favorable ruling on this application
would allow the Sannino's and quite
possibly their next generation who
are currently studying viticulture in
college to continue farming for
making economics for winery
sustainable. Your Town Code
addresses this directly. Under
Provisions Chapter 280-2 Purposes,
among the purposes, Paragraph B, the
assurance for adequate sites for
residents industry and commerce.
Paragraph I, the fostering and
protection of agriculture and
fisheries. Further Chapter 280-128
specifically talks about all of the
things that site plan approval should
consider. Among them, facilitate the
local economy. I am sure you are all
aware of these things. I believe
before this Planning Board is not
whether a wine Tasting Room can be
allowed. But rather the viability of
the plan itself. The Town Code
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specifically encourages economic
development with constraints as
outlined in your code. And in this
proposal, economic development
supports preservation of open land.
This application is 18 months old.
It has gone through many, many
hearings. Many questions and
answered. I would say that 18 months
is a considerable time of this type.
In the previous hearing, there were
no questions asked by the Board until
solicited by the applicant. Two days
later, 19 new questions were added.
Tonight another new question.
This is after multiple, multiple new
questions in an absorbant
presentation to this Board. If
questions arises whether or not the
Planning Board and Town has created
a hardship for the Sannino's as a
consequence of the long delays and
action by the Planning Board. We're
not talking about a six month
25 process which would be reasonable.
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We're talking about 18 months for
various reasons. There has been
discussions by Town officials of a
moratorium on building permits.
Whether or not the discussion has
influenced delays on this
application, further delays
(Inaudible) while a moratorium is
being discussed can jeopardize the
validity of a moratorium if
eventually enacted. We went through
this in our Village when we did our
moratorium. Your Town Supervisor
has publicly be adamant and shown
extreme emotion in his personal
desire to change the Town Code
related to wineries via a moratorium.
I hope I would be correct in assuming
that his actions have not been
influenced the Planning Board process
in this application according to the
current code. If there are any
questions, I would be happy to
entertain them.
25 CHAIRMAN WILCENSKI: I have a
December 5, 2016
1
question, please.
2
What Village do you represent?
3
MR. SCHAFFER: Old Brookville.
4
CHAIRMAN WILCENSKI: Thank you.
5
MR. SCHAFFER: I am here just
6
speaking for the applicant.
7
CHAIRMAN WILCENSKI: I understand.
8
Thank you.
9
Does anybody else like to address
10
the Board? Did you sign your name,
11
sir?
12
MR. SCHAFFER: I did.
13
CHAIRMAN WILCENSKI: Anybody else?
14
You can step to either podium and
15
state your name and speak and before
16
you leave the podium, you can write
17
your name at the end.
18
MS. SLEZAK: My name is Fran
19
Slezak. I live at 7405 Alvahs Lane.
20
My property borders -- abuts the
21
Sannino site. On the northern side
22
which is the Alvahs entrance and also
23
on the western side, which is also
24
where there grapes are. So I border
25
their property on two sides. I have
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a prepared written outline that I
would like to discuss. First I would
just like to say, I don't -- I guess
you have a site plan. But the Alvahs
lane right-of-way, 50 feet wide and
468 feet long. Only 15 feet of it is
a driveway. The rest of it is
grapes. Traffic foes back and forth
on there. It's already a nightmare.
All I think is now he's going to have
a big vineyard. It's going to have
all this transportation and I don't
see Alvahs Lane as being viable at
all. I am sorry. I was upset when I
heard that.
CHAIRMAN WILCENSKI: It's okay.
MS. SLEZAK: This site plan does
not protect unique rural character of
the town. It's not compatible with
its surroundings. It promotes
overcrowding of the land and
buildings. It promotes traffic
congestion with streets and highways.
And it adversely affects homeowners,
church goers and our community by
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lessening the quality of life. I
don't hear any discussion about
people and the community and what
maybe helps them people during their
life. The Southold Town Code, 200-B1
states "protect the established
character and value of the adjoining
properties. Both public and private
and of the neighborhoods do in which
they're located." This site plan
abutting so many well established
homes with families who care and want
to enjoy their property. And the
church who wants to serve the
community. It cares for the
community. It's not a business.
It's a church. Causes disharmony to
the area and devaluation of homes by
bringing the public to a business
with abutting homeowners and church
goers seek peace, privacy, comfort,
safe and secure investment in their
homes. Southold Town general
standard code 280-142A says, "that
the use will not prevail orderly and
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reasonable use of adjacent
properties." It is not reasonable to
have so many assorted vehicles and
the public coming and going to this
site. And it's parking lot? So the
homeowners and church goers cannot
peacefully enter their property
because cars are coming around.
People are looking at you. I have
had that happen. Making rude
comments to me. Or enjoy the
property without the hustle and
bustle and noisy activities and close
contact to the homes. A parking lot
brings cars, doors slamming, horns
beeping. Car lights shining into
homeowners arms. Caterers hustling.
Trucks delivering goods. Snow
clearing machines. Busses and limos
idling with diesel motors and
polluting the air as they unload and
load the riders. Leaking garbage and
oil trucks. People talking.
Vehicles kicking up dust and
pesticide residue. All adverse
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1 effects to neighbors for extended
2 hours. As a parking lot opens to a
3 northerly direction, I assume you
4 have an idea of the way --
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CHAIRMAN WILCENSKI: Yes.
MS. SLEZAK: -- it goes. Vehicles
park or travel across the land --
pesticide -- a road where they spray
on either side. Whether it's on the
-- abutting the church or abutting
the homeowners on Alvahs Lane. Who
is to say they're not going to be
able to drive up and go further? And
then go up to the -- have other
activities and reach the vineyard.
And go to the new agricultural barn,
which was just built within a month?
To go to the residents? A small
parking lot -- I haven't seen it on
the map. All bringing clustered
crowded arena to even exit the narrow
Alvahs. A spraying road. It's so
close to the homes. The machinery,
the wheels are like two feet away
from my property line. The spray
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can't help but go up in the air and
pollute the air. As a winery seeks
its individuality, it makes --
integrate their wine with other
activities and overcrowd the land.
The Bed and Breakfast has limited
parking but yet, invites the open
house tours for their wine and food
permitting public parking on the
Alvahs Lane, 15 foot wide entrance to
narrow the path even more. So to
adversely effect if there were fire
and emergencies accidents to the
property. As my property abuts the
468 foot long entrance, I have
vehicular and fire concerns for my
property. Already there are many
varied vehicles on this road. With
the wine production component and
the barn, I have concern for my
safety with excessive traffic. It's
too close to my home and person.
Large groups can be loud as the
public does not adhere to public
25 rules and regulations or even display
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1 common courtesy. And the drinking
2 public may not be listening as well
3 as when not drinking. Our land is to
4 important to a community as a whole.
5 To abuse it with over population, the
6 land is part of a (Inaudible)
7 subdivision with Suffolk County. The
8 land was preserved and denied for a
9 winery with Mr. Watts. Now the land
10 with this residents to have a Bed and
11 Breakfast increase its density and
12 usage. We need to protect our lands
13 for our community. Town Code 281-43
14 states that "whether the natural
15 characteristics of the site are so
16 much, that the proposed use may be
17 introduced without undue disturbance
18 disruption of important natural
19 features. Systems or processing
20 without risks to pollution to ground
21 water and surface waters on and off
22 the site." Southold Town General
23 Code, 280-143 says consideration to
24 "the effect that the location
25 proposed use and the location that
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December 5, 2016
entrance and exits may have upon the
creation or undue increase of
vehicular traffic congestion on
public streets, highways, or
sidewalks for public safety."
Vehicles entering and exiting the
site can cause congestion, a possible
vehicle danger on our road and
highways. A vehicle enters and exits
this site, they need to merge with
the various speeding and vehicles
from Route 48, which you did mention.
With traffic coming from the abutting
church and the homeowners that live
there. And he vehicles coming from
the west making u -turns at Alvahs
Lane. A community with benefit from
safer roads. Music we know will
undoubtedly be part of winery
activities and can travel especially
when amplified. Even if only one
person is entertaining with party
activity and enhancing loudness.
There will be future to unknown
25 happenings. Such as, lighting
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problems, glaring problems on
abutting homes, possible appearance
of food trucks, increasing public use
of land. Undisclosed use of land and
buildings. Large group events.
Pesticides used so close to homes
becomes a greater concern for our
environment and homeowners. What
will happen to our waters with
pesticides and residue seeping into
our ground? We should not deplete
our natural resources. We need to
protect our natural environment.
This site plan is to consider having
less acreage for its wine Tasting
Room. As this site does not have the
Town's required 10 acres for winery
and this does not support the Town's
character of supporting our land.
Overcrowding the land with vehicles,
buildings, becomes evident with the
people activity. These structures
reaching the whole extent of the
land, from its narrow width. It's
25 only 100 feet wide. Homes on Alvahs
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Lane are 200 feet wide. It has a
longer length and its all sandwiched
between the homes and the church.
Tours and educational programs bring
the public into the vineyard and it's
vine to wine program extends the
public activity, to wine production
on the grounds. From the Route 48
parking lot, to the winery Tasting
Room, to the crowded area of its
residents, it's Bed & Breakfast with
its small parking, it's agricultural
barn and it's narrowed 15 foot wide
Alvahs Lane spraying road,
sandwiched between the properties,
the lot is not sufficient for its
use. Town Code 281-143 J says,
"whether the use or the structures to
be used therefor will cause an
overcrowding of land or undue
concentration of population." Town
Code 280-143K says, "whether the plot
area is sufficient, appropriate and
adequate for the use and the
reasonably anticipated operation and
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expansion thereof." Town Code
280-143 L says, "whether the use to
be operated is unreasonably near to a
church, what do you know, school,
theater, recreational area or other
place of public assembly." Town Code
280-143 M says, "whether the site of
the proposed use is particularly
suitable for such use." As a site
plan is a framework for you to judge
a property. The reality of the land
and its usage should enhance the
community and the homeowner's quality
of life. I object to the site plan
and the location of a winery Tasting
Room, as it now only adversely
affects the homeowners in the
community, but sets a dangerous
precedent for our Town to use less
than the 10 acres for winery. This
area is pleasant for homeowners and a
business here is an intrusion.
Southold Town's General Standard Code
280-142 says, "that the safety, the
health, the welfare, the comfort, the
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December 5, 2016
convenience or the order of the Town
will not be adversely affected by the
proposed use and its location."
Thank you.
CHAIRMAN WILCENSKI: Thank you.
Would anybody else like to address
the Board? Yes.
MR. MUDD: Good evening. Steve
Mudd. Councilman and the rest of the
Board. I would like to clarify
something that would hopefully
advocate to both sides of the room.
This evening and future evenings to
come. I visited the supervisor a
while ago in regards to one of the
applications that's in front of you
this evening. In regards to -- he
told me that there was no provision
in the Town Code for Tasting Room's.
In fact, there is. We happen to have
one up on Peconic Lane. They need to
go on different zoned properties.
The application for Surrey Lane
Vineyards, it was surfaced tonight
that at the last minute, there was
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December 5, 2016
an addition to a winery, a crush pad
for a winery building. That couldn't
be any further from the truth. The
original application that came in
front of this Board and the Building
Department did have provisions for
barrel storage, which is production
by the way, in the cellar of this
facility. And I guess because of the
feedback from this Board, you folks
are of the mindset that at the 11th
hour there was an addition to the
original plan that now it's a winery
because they have a crush pad and
provisions for tanks.
CHAIRMAN WILCENSKI: I just have
to interject for one minute. I just
want to make note that -- to note on
the recorder that you're addressing
Surrey Lane.
MR. MUDD: I am addressing the
Town in general. Surrey Lane just
happens to be what the topic is this
evening.
CHAIRMAN WILCENSKI: Okay.
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MR. MUDD: So it's important for
this Board, for the Town Board, all
the Board's in the town to understand
that barrel production, whether it's
in the cellar, above ground -- no
matter where it is, it can be in a
previous potato storage facility,
wine that is not finished.
Therefore it's in production. I
thank you for your time and it's very
important to consider my comments.
Thank you.
CHAIRMAN WILCENSKI: Thank you.
Would anybody else like to address
the Board on Surrey Lane -- no, I am
sorry. Sannino Tasting Room?
MR. SANNINO: Anthony Sannino. So
we were presented with 19 questions.
Two days after our previous hearing.
I did answer all but one. Any
questions on the last one?
CHAIRMAN WILCENSKI: No. You did
a very thorough job answering all the
questions. Thank you.
MR. SANNINO: I do have the
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December 5, 2016
answers for No. 19, can I submit them
at any point?
CHAIRMAN WILCENSKI: You can bring
them up to Jessica after you finish
speaking.
MR. SANNINO: Okay. I think that
is it, unless you have a question for
me.
CHAIRMAN WILCENSKI: Does anyone
have any questions?
MEMBER RICH: I have no questions
but I would like to make a couple of
comments here. Particularly to the
Mayor -- he used a term low impact.
I assume that your comments being a
member of Planning Board and Mayor of
Brookville Village, my life has been
developed over a period of time. And
a term low impact, I really have to
disagree with that because I am Chief
of the Fire Department. I have been
an EMT for 19 years. And the amount
of times that I have gone to scrape
up drunks from wineries and that does
not include Vineyard 48 because that
December 5, 2016
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is not in the Southold Fire District
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is remarkable. I just wanted to say
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that if we're prostituting ourselves
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to save open land with alcohol, I
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think we really need to take a closer
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look at that. That is all I have to
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say.
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CHAIRMAN WILCENSKI: Yes, you can
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address the Board. You can step up
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to one of the podiums and state your
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name again for the record.
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MR. SCHAFFER: Rick Schaffer. It
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is true that there is a drinking
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problem in the country in general.
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Whether it's all a result of wine
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tasting rooms may be another
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question.
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MEMBER RICH: It is in Southold
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Town. That is where I go.
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MR. SCHAFFER: The other comment I
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would like to make then is whether
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this Board will close the hearing on
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this application tonight?
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CHAIRMAN WILCENSKI: Once everyone
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speaks, you will find out. Would
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MD.
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anybody else like to address the
Board? Yes. Step up to the
microphone and state your name and
write your name for the record.
MS. WARD: I apologize I am late.
Theresa Ward. I am a resident in
Southold.
CHAIRMAN WILCENSKI: You have to
speak up a little bit more.
MS. WARD: Okay. Theresa Ward is
the name. A resident in Southold.
Sorry. I came late but is the
hearing still open for --
CHAIRMAN WILCENSKI: Yes, it is.
MS. WARD: Okay. I just wanted to
read into the record -- I don't
know if it's necessary but I sent a
letter to the Planning Board.
CHAIRMAN WILCENSKI: Is
this -- are you addressing
Sannino?
MS. WARD: No, I am sorry.
CHAIRMAN WILCENSKI: That is the
public hearing right now for
Sannino.
IN
December 5, 2016
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MS. WARD: Okay.
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CHAIRMAN WILCENSKI: You missed
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the other two public hearings. You
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may submit that to us. If you want
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to give that to Jess, we can put it
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into the record.
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Would anybody else like to address the
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Board on Sannino Winery and Tasting
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Room?
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(No Response.)
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CHAIRMAN WILCENSKI: Hearing none,
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I would like a motion to close the
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hearing?
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MEMBER RICH: I make a motion to
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close the hearing.
CHAIRMAN WILCENSKI: Motion made
by Jim.
MEMBER SIDOR: Second.
CHAIRMAN WILCENSKI: Seconded by
Martin.
Any questions?
(No Response.)
CHAIRMAN WILCENSKI: All in favor?
MEMBER RICH: Aye.
MEMBER SIDOR: Aye.
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December 5, 2016
MEMBER CREMERS: Aye.
MEMBER RAFFERTY: Aye.
CHAIRMAN WILCENSKI: Aye.
Against?
(No Response.)
CHAIRMAN WILCENSKI: Motion
carries.
We need a motion for adornment?
MEMBER SIDOR: Motion.
CHAIRMAN WILCENSKI: Motion made
by Martin.
MEMBER RICH: Second.
CHAIRMAN WILCENSKI: Seconded by
Jim.
Any questions?
(No Response.)
CHAIRMAN WILCENSKI: A11 in favor?
MEMBER RICH: Aye.
MEMBER SIDOR: Aye.
MEMBER CREMERS: Aye.
MEMBER RAFFERTY: Aye.
CHAIRMAN WILCENSKI: Aye.
Against?
(No Response.)
CHAIRMAN WILCENSKI: Motion
MR
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December 5, 2016 86
carries.
Good evening.
(Whereupon, the meeting concluded.)
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December 5, 2016 87
C E R T I F I C A T I O N
I, Jessica DiLallo, certify that the
foregoing transcript of audio recorded
Meeting/Public Hearings was prepared
using required electronic transcription
equipment and is a true and accurate
record of the meeting.
Signature: �G.[
RECEIVED
Jessica DiLallo
MAY - 5 2017
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Date: February 25, 2017
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