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HomeMy WebLinkAbout7041 jy/,% 1-7 CHECK BOXES AS COMPLETED ti ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND ( ) Check file boxes for priors - ( ) Assign next number on list; c 0 Q outside of file folder 0 Ca ( ) Date stamp entire original a �, N file number ° ( ) Hole punch entire original al m -n � w -u > o rn ( before sending to T.C.) x o h o p ca, CD ( ) Create new index card w m "' -CO v ( ) Print contact info & tape to N 0-) �' o v z ( ) Prepare transmittal to Town 0 co N �' CD .0 N :3OO co p �• � N ( ) Send original application w/ti 3� n 3 "' CD 00 to Town ClerkQ 00 co C n N in ( ) Note inside file folder w/prior C w = and tape to inside of folder (I cQ ( ) Copy County Tax Map; highlih, neighbors and AG lots o ( ) Make 7 copies and put with e 3 -n ( ) Do mailing label `D 0 l 1 >' 111,9117 �t 6 16` 1 pw DCO BOARD MEMBERS QF S0 Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 a® l0 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes CA Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento c®VSouthold,NY 11971 http://southoldtownn'y.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 PECEIVED FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 6,2017 L 1 0 2017 ZBA FILE: 7041 NAME OF APPLICANT: Mattebella Vineyards, Holding Co, LLC Sout Id Town Clerk PROPERTY LOCATION: 46005 Main Road, Southold NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated February 10, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. TOWN OF SOUTHOLD PLANNING BOARD: In a memo to the Board of Appeals dated March 29, 2017, the Planning Board provided comments and recommendations regarding the subject application, based upon their review of the Notice of Disapproval and the related preliminary plans/survey. They recommended that the application be denied because it does not meet the minimum bulk schedule of 160,000 sq. ft. for two uses (residential and winery) in the AC Zone District. In addition,the Planning Board expressed concerns over the long range effects and potential safety issues that may result if retail wineries on undersized parcels with multiple uses are allowed, and suggested that the Town would benefit from an updated Town Code that recognizes and mitigates these potentially adverse impacts. PROPERTY FACTS/DESCRIPTION: The property is a conforming 134,246 sq. ft. (3.08 acre) parcel located in the Agricultural Conservation Zoning District(AC). The parcel measures 693.45 feet along the southerly property line with 275.75 ft. fronting on NYS Route 25 (Main Road). The easterly property line measures, 216.69 feet. The northerly property line measures 682.98 ft. and the westerly property line measures 504.53 feet. The parcel is currently improved with a one story frame house and 22 various residential and winery accessory structures; seven (7) of which require relief from the Board. Along the northerly and easterly property lines, this parcel was divided from the parcel to the north having 802,184 ( (18.4136 acres) by Indenture dated February 28, 1986 (Liber 9991, Page 450)which covenanted premises for agricultural purposes only. BASIS OF APPLICATION: Request for Variances under Article III, Section 280-14 and Section 280-15, and the Building Inspector's November 16, 2016, Amended January 27, 2017 Notice of Disapproval based on an Page 2, May 18,2017 #7041, Mattebella Vineyards application for permits to legalize seven (7) "as built" residential and agricultural related buildings, and to allow both residential and winery uses upon a 134,246 sq.ft.developable portion of a parcel at: 1) building nos. 3,4,5,6, 9 and 14 are located less than the code required side yard minimum setback of 20 feet; 2)building no. 14 is located less than the rear yard minimum setback of 75 feet; 3) residential accessory structure, building no. 2, Iocated less the code required side yard minimum setback of 25 feet; 4) residential and winery uses upon a single parcel less than the minimum allowed 160,000 sq. ft. in total area, at: 46005 Main Road, Southold NY. SCTM#1000-75-2- 15.1 & 15.2. RELIEF REQUESTED: The applicant requests variances to maintain the existing locations of seven (7) as built accessory structures, six with less than the code required minimum side yard setback of 20 ft. and one with less than the code required minimum rear yard setback of 75 as follow: Building#2, Residential Accessory Storage Shed with a side yard setback of 0 feet; Building#3, Garage, Winery and Storage with a side yard setback of 10 feet; Building#4, Wine Storage Shed with a side yard setback of 1.9 feet; Building#5, Shed for Tasting Room with a side yard setback of 1 foot; Building#6,Farm Storage Building with a side yard setback of 6.2 feet; Building 49,Frame Garage, Storage with a side yard setback of 6.1 feet; Building#14,Farm Office with a rear yard setback of 3.7 feet; In addition the applicant requests variance relief from the Town's bulk schedule to operate and maintain two principal uses (residential and winery) each requiring 80,000 sq. ft, per use, on a total of 134,246 sq. ft. (3.0819 acres)where a total of 160,000 sq. ft.(4.0 acres)are required. ADDITIONAL INFORMATION: In 1986,the County of Suffolk Town of Southold created the subject 3.0819 acre parcel by assigning it a separate Tax Map Number when the Town of Southold purchased the development rights,setting off a portion by deed from a 21,5019 acres farm. The development rights of the remaining 18.4156 acres were purchased by the Town. Therefore although the parcel has two separate tax map numbers, it has never been subdivided. In 2006 the Town Planning Board granted conditional site plan approval on the subject property for a proposed larger new winery building known as Silver Nail Vineyards. At that time, the residential use (the dwelling) also existed on the subject property The applicant's attorney stated that Buildings #7 and #8 will be removed and that Building#13 will be moved to a conforming location. According to the applicant's submittals and testimony, Buildings# 3, 5 and 9 predate zoning and Buildings#6 and 14 were built after zoning was adopted by the Town. Buildings #2, 4 & 6 are newer structures and help shield/buffer views of an adjacent derelict property. In a letter dated March 31,the owner of the parcel to the north,Thomas Jerome, informed the Board that he had no objection to a variance to maintain building#14 located 3.7 feet from his property line Christina Tobin, winery owner, testified that her husband is the winemaker, she is the winery manager, and all of the wineries' red wine is processed on site in existing building # 3 (winery/storage), which she approximated as 30% of what they sell (or about 500 cases/200 barrels). Further, they process their white wines at Lenz winery because the cost of a full scale winery is prohibitive for them at this time. She also testified that the construction of a proposed new winery building, depicted on the site plan prepared by David H. Fox, LS, last revised March 6, 2017 must be postponed for financial reasons. Page 3, May 18, 2017 #7041, Mattebelia Vineyards In response to the Board's suggestion that the applicant purchase and merge the adjoining property to the South owned by William Gorman, in order to make their lot area conforming to the bulk schedule requirements for 2 principal uses, Ms. Tobin, informed the Board in a Ietter dated April 20, 2017, that she and her husband had attempted to do so already but had been unsuccessful. Louisa Hargrave, by email correspondence May 5,2017, sent a statement to the Board via the applicant's attorney, describing the method and importance of wine production,processing and tasting by small scale farming operations on the North Fork, like Mattebella,for inclusion in the public record. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The,Zoning Board of Appeals held public hearings on this application on April 6,2017 and May 4,2017 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject property was originally a farm with numerous incidental and customary agricultural accessory structures and a farmstead/dwelling. Some of the existing accessory structures pre-date zoning in Southold Town and many pre-date the establishment of the subject winery. The parcel is located on a major road (Route 25/Main Road) with two separate street frontages, in a mixed residential/commercial neighborhood in which there are as many commercial uses as residences in the immediate neighborhood. Many accessory buildings on nearby properties are also very close to property lines, including the adjacent parcel to the south. 2. Town Law 5267-b(3)(b)(2). The benefit sought by the applicant for buildings #3,5,9,14 and 6 cannot be achieved by some method feasible for the applicant to pursue other than an area variance because of either their age, size, or functional location in relationship to wine processing and/or wine tasting on site, or the fact that they are constructed on permanent foundations. Buildings#2 (a 99 sq. ft. residential storage shed) and #4 (a 98 sq. ft. case storage shed)can be moved to conforming locations further to the east without undue hardship. The variance for the two principal uses on a parcel that is deficient in size by 16% cannot be achieved by some method feasible for the applicant to pursue other than an area variance. The applicant cannot legally operate a tasting room or offer outdoor wine tastings unless it is accessory to a winery/wine processing building. The applicant's attorney opined that, without a tasting room, the applicant's ability to sell its wine will be severely hampered, resulting in huge financial hardship. 3.Town Law 5267-b(3)(b)(3). The variances granted herein are mathematically substantial,representing relief in the following percentages from the code: #2 Residential Accessory Storage Shed with a side yard setback of 0 feet represents 100%; #3 Garage, Winery and Storage with a side yard setback of 10 feet represents 50%; #4 Wine Storage Shed with a side yard setback of 1.9 feet represents 90%; #5 Shed for Tasting Room with a side yard setback of 1 foot represents 95%; #6 Fann Storage Building with a side yard setback of 6.2 feet represents 70%; 49 Frame Garage, Storage with a side yard setback of 6.1 feet represents 70%; #14 Farm Office with a rear yard setback of 3.7 feet represents 82%. The variance from the bulk schedule to operate 2 principal uses on 134,246 sq. ft. or 3.0819 acres, instead of the code required minimum of 160,000 sq. ft. representing 16%relief from the code. Page 4, May 18, 2017 #7041, Mattebella Vineyards Mitigating factors include: a) Buildings # 3, 5, and 9 pre-date zoning and are former farm buildings that remain in their original footprints and locations. They require variance relief only because the use has been changed from the original pre-existing residential/agricultural use to residential/agricultural vineyard/winery use. b) The owner of the property adjacent to Building#14 submitted a letter stating that he had no objection to a variance to maintain building#14 Iocated 3.7 feet from his property line c) The existing buildings,both individually and in the aggregate,are very small and constitute a fraction of the permissible lot coverage at 3.9%of the developed parcel(lot 15.1) d) The subject property, although deficient by 16% of the required lot area for 2 principal uses, received conditional site plan approval from the Southold Town Planning Board in 2006 for a 5,500 sq. ft. winery building with a residential use; the house on the parcel is small and located to one side of the property leaving most of the acreage for winery uses;has ample room for parking and buffers; is located on the Main Road in a mixed use neighborhood; the reserved (developed) parcel has not been subdivided from the agricultural land from which the development rights were sold, and the parcel was created in 1986 when the area was sufficient for two uses. 4. Town Law 5267-bQ(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The parcel was used by an active fanning operation prior to the ownership of the current winemaker. Moreover,a large portion of the entire farm, now known as 1000-75-2-15.2, was created as a result of the Town purchasing development rights in order to preserve and restrict uses to agricultural activity. The applicant's farm workers currently reside in the existing dwelling.Neighboring property owners testified that they have not experienced any noise disturbance from the subject winery/tasting room operations, or traffic impacts by large groups.The applicant must comply with Chapter 236 of the Town's Stone Water Management Code. 5. Town Law 5267-b(3)( VQ. The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, the applicant purchased the property in 2005 with the expectation that the winery/tasting room use and the residential use were permitted as of right; and in 2006 the Town Planning Board did grant conditional site plan approval for the existing dwelling and a much larger new proposed winery building known as Silver Nail Vineyards,which was not built due to financial circumstances. 6. Town Law 5267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of maintaining a residence and accessory structures with winery/tasting room uses while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Weisman (Chairperson), and duly carried,to GRANT the following variances as applied for, and shown on the survey prepared by David H. Fox, Licensed Land Surveyor, last revised March 6,2017: a) #3 Garage,Winery and Storage for side yard setback of 10 feet; b) 45 Shed for Tasting Room for side yard setback of 1 foot; c) #9 Frame Garage, Storage for side yard setback of 6.1 feet; d) #14 Farm Office for rear yard setback of 3.7 feet; e) Maintain two primary uses, residential and winery on a total of 134,246 sq. ft. (3.0819 acres)where a total of 160,000 sq, ft. is required. Page 5, May 18, 2017 #7041, Mattebella Vineyards DENY the following variances as applied for: a) #2 Residential Accessory Structure for 0 feet side yard setback; b) #4 Wine Storage Shed for side yard setback of 1.9 feet; c) #6 farm storage building for a side yard setback of 6.2 feet SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall remove Buildings#7 &#8 from the property or move to confirming locations. 2. Buildings#13 and#6 shall be moved to conforming locations or removed. 3. The applicant shall apply to the Building Department to obtain Pre-Certificates of Occupancy for all existing accessory structures predating Town Zoning. 4. Site plan approval from the Southold Town Planning Board must be obtained.Failure to do so will void the relief and approvals granted herein. 5. Buses and limousines are only permitted on site by advanced reservation. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3)consecutive one(1)year terms. Vote of the Board: Ayes:Members Weisman (Chairperson), Dante,Acampora and Planamento (Member Goehringer abstained). This Resolution was duly adopted(4-1). i eslie Kanes Weisman, Chairperson Approved for filing 717 /2017 OFFICE LOCATION: I MAILING ADDRESS: Town Hall Annex ��®� S®�f J�® P.O. Box 1179 54375 State Road Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 010 44e Telephone: 631 765-1809 http://southoldtownny.gov ZONING BOARD OF APPEALS Town of Southold January 22, 2024 Abigail Wickham EN: Wickham, Bressler& Geasa, P.C. Attorneys at Law D I-ED P.O. Box 1424 Mattituck, NY 11952 Re: ZBA Appeal No. 7041, Second Extension Mattebella Vineyards Holding Company, LLC SCTM No. 1000-51-2-15.1 Dear Ms. Wickham; We received your correspondence, dated January 6,2024, requesting an extension of the above referenced Zoning Board of Appeals' determination dated July 7, 2017. As you know, on July 20, 2023, the Board granted your request for a six-month extension which already exceeded the total time limits pursuant to Chapter 280-146(B) of the Code of the Town of Southold. This most recent extension is now expired. As you also know, that extension stated very clearly the following: "GRANT the applicant's request that the above cited determination be extended for six months from July 6, 2023 to expire on January 6, 2024, as per Chapter 280-146 of the Cide of the Town of Southold. Failure to comply with this extension shall render any variance granted null and void. A new application to the Zoning Board of Appeals will be required and subject to all fees, including application fee, and a new noticed public hearing." (Please see the attached copy of the subject extension determination). During our January 18, 2024 Special Meeting,the Zoning Board of Appeals reviewed, discussed and voted unanimously to deny your recent request. Should you wish to continue with the proposed project, you will need to apply for variance relief with a new application and a public hearing. Please contact our office if you have any questions or concerns. cer ly, eslie K. eisman Chairperson cc: Building Department Encl. six month extension LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awickham@wbglawyers.com January 6, 2024 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: Property owned by Mattebella Vineyards Holding Company,LLC d/b/a Mattebella Vineyards Premises: 46005 Main Road, Southold,New York 11971 SCTM# 1000-51-2-15.1 (Farm 15.2) Appeal No. 7041 Decision dated July 7,2017 Filed 7/10/2017 Ladies and Gentlemen: We write with respect to the variance granted under Appeal No. 7041. We respectfully request an additional one-year extension of the ZBA variance in order to complete the requirements of the site plan, Health Department and DOT applications, and obtain a building permit. While we realize you have accommodated several extension requests spanning a long period of time,the approvals of the site plan have been seriously delayed by successive circumstances in obtaining the necessary mapping in order to present to the Town a final site plan map. We are now in the Health Dept. stage, and the DOT stage, neither of which are"run-of-the-mill" applications and are expected to take extensive time to complete. Accordingly, a one-year extension is more realistic to bring the project to conclusion. As a result of delays with the required surveying and Health Dept. work needed to complete the site plan, our client contacted DiLandro Andrews Engineering, PLLC ("Dilandro") immediately after you granted the last extension. They were retained soon afterward and have been very diligent in assessing the work to be performed, and getting the information necessary to complete the required steps. The current status is as follows: 1. Completed review of project and evaluation of steps necessary to complete the engineering and related matters for the site plan, and the Health Dept. application. 2. Ascertained the existence of all but one of the neighboring wells and location of neighboring septic systems. They are following up on the one remaining property and expect it to be complete in two weeks. This step has taken several months of the extension period. 3. Arranged and scheduled the markout for the utilities and house floor plans, which is expected to be completed this month, and the last remaining well plotted, as required by the Health Dept. and other site plan aspects. Town of Southold Zoning Board of Appeals -2- January 6, 2024 4. The Health Dept. design plans and application paperwork should be completed in late January or February, at which time they plan to meet in person with the Health Dept. to iron out any additional information or submissions which the Health Dept. may require. 5. Once DiLandro has the final Health Dept. package complied,they will instruct the surveyor to plot the information for the road and drainage plan, including the DOT/curb cut application, as required under the site plan. With the new firm retained, we believe the project will now be able to proceed to completion in an organized and timely manner. Please advise if you need additional information. Thank you for your consideration. Very trul yours, 4ANail AAwldm . Wickham LLC/Matt1ZBA//shdZBAExt 1-6-24 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson EDF SOUT�i 53095 Main Road-P.O.Box 1179 Patricia Acampora ,`O� 0�0 Southold,NY 11971-0959 Eric Dantese Office Location: , Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento J �@ 54375 Main Road(at Youngs Avenue) Southold,NY 11971• http://southoldtowmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631•)765-1809 EXTENSION DETERMINATION Six(6)Month Extension - Special Meeting of July 20,2023 ZBA FILE#7041 NAME OF APPLICANT: Mattebella Vineyards PROPERTY LOCATION: 46005 Main Road,Southold,NY SCTM No. 1000-15-2-15.1 BASIS OF APPLICATION: Request for Variances under Article III, Section 280-14 and Seel ,1280-15, and the Building Inspector's November 16,2016,amended January 27,2017 Notice of Disapproval based on an'application for permits to legalize seven(7)"as built"residential and agricultural related buildings,and to allow both residential and winery uses upon a 134,246 sq. ft. developable portion of a parcel at: 1) building nos. 3, 4, 5, 6, 9 and 14 are located less than the code required side yard minimum setback of 20 feet;2)building no. l4 is located less than the rear yard minimum setback of 75'feet;3)residential accessory structure,building no.2,located less the code required side yard minimum setback of 25 feet; 4) residential and winery uses upon a single parcel less than the minimum allowed 160,000 sq.ft. in total area,at:46005 Main Road,Southold NY.SCTM#1000-75-2-15.1 & 15.2. This appeal was originally GRANTED with conditions on July 6,2017. On July 16,2020,July 15,2021, and July 7,2022,the Board granted one-year extensions'pursuant to the applicant's request. By letter dated July 6,2023,Abigail Wickham,Esq., on behalf of her client,requested an additional one year extension of the granted area variances in order to complete the site plan application and obtain a Certificate of Occupancy. The applicant representative claims difficulties surrounding obtaining prompt professional work and delays with interested agencies; i.e., the Suffolk County Department of Health Services,NYS- Department of Transportation, and Southold Planning Board. RESOLUTION OF THE BOARD:A motion was offered by Member Weisman(Chairperson)seconded by Member Planamento and duly carried,to GRANT,the applicant's request that the above cited determination be extended for six months from•July 6.2023_ to expire January 6.2024,as per Chapter 280-146 of the Code of the Town of Southold. Failure to comply with this extension shall render any variance granted null and void. A new application to the Zoning Board of Appeals will be required and subject to all fees,Including application fee,and a new noticed public hearing. Vote of the Board: Ayes:Members Weisman(Chairperson)Dantes,Planamento,Acampora,and Lehnert. This Resolut' vas duly adopted( 0) Add,tot!�� Lvs1fe Kanes W isman,Chairperson Approved for filing / 7//2023 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��F S�UI�i 53095 Main Road• P.O.Box 1179 Patricia Acampora ti�� ®�® Southold,NY 11971-0959 Eric Dantesec Office Location: Robert Lehnert,Jr. igs Town Annex/First Floor Nicholas Planamento J �� 54375 Main Road(at Youngs Avenue) l,Ycou, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631.)765-1809 EXTENSION DETERMINATION Six(6)Month Extension Special Meeting of July 20,2023 ZBA FILE#7041 NAME OF APPLICANT: Mattebella Vineyards PROPERTY LOCATION: 46005 Main Road, Southold,NY SCTM No. 1000-15-2-15.1 BASIS OF APPLICATION: Request for Variances under Article III, Section 280-14 and Seel ,.1280-15, and the Building Inspector's November 16,2016,amended January 27,2017 Notice of Disapproval based on an"application for permits to legalize seven(7)"as built"residential and agricultural related buildings,and to allow both residential and winery uses upon a 134,246 sq. ft. developable portion of a parcel at: 1) building nos. 3, 4, 5, 6, 9 and 14 are located less than the code required side yard minimum setback of 20 feet;2)building no. l4 is located less than the rear yard minimum setback of 75 feet;3)residential accessory structure,building no.2,located less the code required side yard minimum setback of 25 feet; 4) residential and winery uses upon a single parcel less than the minimum allowed 160,000 sq. ft. in total area,at: 46005 Main Road, Southold NY. SCTM#1000-75-2-15.1 & 15.2. This appeal was originally GRANTED with conditions on July 6, 2017. On July 16,2020, July 15, 2021, and July 7,2022,the Board granted one-year extensions-pursuant to the applicant's request. By letter dated July 6,2023,Abigail Wickham, Esq., on behalf of her client,requested an additional one year extension of the granted area variances in order to complete the site plan application and obtain a Certificate of Occupancy. The applicant representative claims difficulties surrounding obtaining prompt professional work and delays with interested agencies; i.e., the Suffolk County Department of Health Services, NYS Department of Transportation, and Southold Planning Board. RESOLUTION OF THE BOARD:A motion was offered by Member Weisman(Chairperson)seconded by Member Planamento and duly carried,to GRANT,the applicant's request that the above cited determination be extended for six months from July 6.2023 to expire January 6, 2024, as per Chapter 280-146 of the Code of the Town of Southold. Failure to comply with this extension shall render any variance granted null and void. A new application to the Zoning Board of Appeals will be required and subject to all fees,including application fee,and a new noticed public hearing. Vote of the Board: Ayes:Members Weisman(Chairperson)Dantes,Planamento,Acampora,and Lehnert. This Resolut' as sduly adopted(';W 4"k Riq� e Kanes Weisman, Chairperson Approved for filing /F/ Z//2023 LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C.' 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 amm awickham@wbglawyers.com July 6, 2023 JUL �,0 2023 Town of Southold Zoning Board of Appeals '?01VjjV(; 53095 Main Road, Post Office Box 1179 Rp OF APF&Lq Southold,New York 11971 Re: Property owned by Mattebella Vineyards Holding Company,LLC d/b/a Mattebella Vineyards Premises: 46005 Main Road, Southold,New York 11971 SCTM# 1000-51-2-15.1 (Farm 15.2) Appeal No. 7041 Decision dated July 7,2017 Filed 7/10/2017 Ladies and Gentlemen: We write with respect to the variance granted under Appeal No. 7041. We respectfully request an additional one-year extension of the ZBA variance in order to complete the requirements of the site plan, Health Department and DOT applications, and obtain a building permit. Our client has encountered delays in obtaining the professional services required to obtain Planning and Health Department approval in order to proceed with a building permit. As we previously advised, the site plan application was submitted to the Planning Board and the owner fully intends to proceed to completion. The delays encountered and current status are as follows: 1. Starting in 2016, our client requested input from the Planning Department on the proposed site. Our client obtained a draft site plan from the surveyor, Fox Land Surveyors, following the granting of the variance in 2017 and submitted it to the Planning Board in December 2018. Contemporaneous inquiries were made to the Building Department to ensure compliance with Code. We sought comments from Planning on specific inquiries prior to providing landscaping plans and road and drainage,but were advised that submission of this additional documentation would be required prior to comments or a conference. 2. The surveyor updated the parking area plan and other plan aspects several times during 2018 and 2019, and we again submitted information to the Planning Department in August, 2019. None of these matters affected or related to the issues addressed in the ZBA decision. 3. Concerned with the impact of the proposed parking plan on large trees in the proposed parking area, our client obtained and submitted a landscaping plan to the surveyor in 2020 and further parking revisions were made to address the existing trees. We also consulted with Land Preservation regarding the dual farm/winery driveway and its impact on the development rights sold property. We submitted a site plan to the Planning Board in August, 2019. Town of Southold Zoning Board of Appeals -2- July 6, 2023 JUL Iff 2023 4. Our client obtained and submitted a landscaping sketch to the4QWNPW F 2020. After subsequent communications with Planning, we were advised to submit a separate landscaping plan rather than put it on the site plan, given the extensive landscaping already existing at the site. Meanwhile, our client had a professional landscape plan prepared and that was submitted to Planning in June 2021. 5. We also conferred with Land Preservation regarding the farm/winery driveway and relocation aspects for the respective farm and winery uses. 6. In January, 2022, we forwarded a revised driveway sketch and a revised plan for the new winery to the Planning staff for comments before having the surveyor map it in on the site plan. In March, 2022, we instructed the surveyor to proceed to map the revised driveway and parking area in the absence of such comments. We received that revision in June, 2022 and submitted it to Planning. We submitted an additional plan in October 2022. 7. Several requests were made to Planning for a conference to review the plan. We ultimately had several conversations with Planning, whose primary concerns were that of the multiple driveway entrances,which our client is addressing. We were also advised that as it is a farm-related matter, the processing of the site plan would be expedited. 8. Our client submitted another site plan application to the Planning Board on March 20, 2023. We await their response and review. 9. Our client has retained the offices of DiLandro Andrews Engineering to work in conjunction with the surveyor to submit a road and drainage plan, DOT review, and to complete the Health Department application. Their input has been extensive and prompt. The Board is undoubtedly aware of the difficulties surrounding obtaining prompt professional work in the surveying, legal and engineering fields, as well as municipal backlog, much of which derives from the Covid-19 impacts on business productivity and the real estate explosion. This application has had slow but steady progress and the owners are intent on finalizing it as soon as possible. While we realize that the extensions previously granted extend through-out the 3 year Code period, we ask that you consider a final extension given the extraordinary difficulties since 2020. Please advise if you need:additi6iial information. Thank you for your consideration. Very truly yours, J V V L AAw/dm Abigail.A. Wickham LLC/Matt/ZBA//shdZBAExt 7-6-23 BOARD MEMBERS ®F so Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora " n Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �' ",' a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®U05 Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631) 765-9064 EXTENSION DETERMINATION One Year Extension (Third) Regular Meeting of July 7,2022 ZBA FILE# 7041 NAME OF APPLICANT: Mattebella Vineyards PROPERTY LOCATION: 46005 Main Road, Southold, NY SCTM No. 1000-51-2-15.1 BASIS OF APPLICATION: Request for Variances under Article III, Section 280-14 and Section 280-15, and the Building Inspector's November 16, 2016, amended January 27, 2017 Notice of Disapproval based on an application for permits.to legalize seven (7) "as built" residential and agricultural related buildings, and to allow both residential and winery uses upon a 134,246 sq. ft. developable portion of a parcel at: 1)building nos. 3, 4, 5, 6, 9 and 14 are located less than the code required side yard minimum setback of 20 feet; 2) building no. 14 is located less than the rear yard minimum setback of 75 feet; 3) residential accessory structure, building no. 2, located less the code required side yard minimum setback of 25 feet; 4) residential and winery uses upon a single parcel less than the minimum allowed 160,000 sq. ft. in total area, at: 46005 Main Road, Southold NY. SCTM41000-75-2- 15.1 & 15.2. This appeal was originally GRANTED with conditions on July 6, 2017. On July 16, 2020 and July 15, 2021, the Board granted a one-year extensions pursuant to applicant's request. By letter dated July 1, 2022, Abigail Wickham, Esq., on behalf of her client, requested a third one year extension of the granted area variances in order to complete the site plan application and obtain a certificate of occupancy. The project has experienced delays associated with the Suffolk County Department of Health and the Southold Planning Board. RESOLUTION OF THE BOARD: A motion was offered by Member Weisman (Chairperson) seconded by Member Planamento and duly carried, to GRANT, the applicant's request that the above cited determination be extended for one year from July 6, 2022 to expire July 6, 2023, as per Chapter 280-146 of the Code of the Town of Southold. This shall be the third and final extension. Vote of the Board: Ayes: Members Weisman(Chairperson) Dantes, Planamento,Acampora, and Lehnert. This Reso o was duly adopted(5-0) Nic ola to, Vice Chair Appr ve for filing `� / E /2022 LAW OFFICES WICKHAM, BRESSLER& GEASA,P.C. 13015 MAIN ROAD,P.O:BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 fb TELEFAX NO.631-298-8565 awi ckham owbglawyers.com July 1, 2022 JUL 5 2022 Town of Southold Zoning Board of Appeals �� l�q�T� R�.�¢A�p � 53095 Main Road, Post Office Box 1179 . Southold;New York 11971 Re:_ Property owned by Mattebella Vineyards Holding Company, LLC d/b/a Mattebella Vineyards Premises: 46005 Main Road, Southold,New York 11971 SCTM# 1000-51-2-15.1 (Farm 15.2) Appeal No. 7041 Decision dated July 7, 2017 Filed 7/10/2017 Ladies and Gentlemen: We respectfully request a third extension of the ZBA variance for a one-year period in order to complete the requirements of the site plan application. As we previously advised,the site plan application was submitted to the Planning Board and the owner is very anxious to proceed to completion. We need to complete the application for submission. The current status of the project is as follows: • . ,Delays have,continued in finalizing the site plan map, which still derive from the =Covid-l9-impacts, specifically-the difficulty of the surveying firm to complete the site plan map and incorporating adjustments as the plan develops. Our office has experienced the same back log. • A landscape architect has prepared the landscaping plan and has incorporated a revised driveway and parking sketch,to avoid the removal of several large specimen-trees. The surveyor has incorporated the revised design into the site plan, and has revised the parking calculations and layout accordingly. • We have, continued our efforts to obtain a Health Department's.application package and a drainage plan from the surveyor. This is dependent on the final design of the' parking, and new winery. • In January, 2022, we forwarded a revised driveway sketch and a revised plan for ,�'the new winery to the Planning staff for comments before having the surveyor map -.it on the site plan. To date, we have not had a response to our inquiries as to its general acceptability. They are certainly experiencing the same backlog referenced above: In.March, 2022, we instructed the surveyor to proceed to map the revised driveway;and parking area rather than continuing to wait. We have just received that revision; and have asked him to make a few adjustments to the new winery, which do not affect the ZBA decision, so we can complete the site plan map for ',Submission to the Planning Board._ Thank;you for, our consideration. Please advise if you need additional information. *Abiggail oA.4 w/dmisXam LLC1Matt/ZBA11shdZBAExt 7-I-22- BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®f S®Uriy®� 53095 Main Road•P.O.Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��C®U9� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RIECEEIVED TOWN OF SOUTHOLDy� Tel.(631) 765-1809-Fax(631) 765-9064 & , g� J L 2 1 202�- r � EXTENSION DETERMINATION One Year Extension Sou old Town Clerk (Second) Special Meeting of July 15, 2021 ZBA FILE# 7041 NAME OF APPLICANT: Mattebella Vineyards PROPERTY LOCATION: 46005 Main Road, Southold, SCTM No. 1000-51-2-15.1 BASIS OF APPLICATION: Request for Variances under Article I11, Section 280-14 and Section 280-15, and the Building Inspector's November 16, 2016, amended January 27, 2017 Notice of Disapproval based on an application for permits to legalize seven (7) "as built" residential and agricultural related buildings, and to allow both residential and winery uses upon a 134,246 sq. ft. developable portion of a parcel at: 1)building nos. 3,4, 5, 6, 9 and 14 are located less than the code required side yard minimum setback of 20 feet; 2) building no. 14 is located less than the rear yard minimum setback of 75 feet; 3) residential accessory structure, building no. 2, located less the code required side yard minimum setback of 25 feet; 4) residential and winery uses upon a single parcel less than the minimum allowed 160,000 sq. ft. in total area, at: 46005 Main Road, Southold NY. SCTM#1000-75-2- 15.1 & 15.2. This appeal was originally GRANTED with conditions on July 6, 2017. On July 16, 2020, the Board granted a one-year extension pursuant to applicant's request. By letter dated July 2, 2021, Abigail Wickham, Esq., on behalf of her client, requested another one-year extension of the granted area variances in order to complete the site plan application and obtain a certificate of occupancy. The project has experienced delays associated with pandemic slowdowns. RESOLUTION OF THE BOARD: A motion was offered by Member Weisman (Chairperson) seconded by Member Planamento and duly carried,to GRANT, the applicant's request that the above cited determination be extended for one year from July 6, 2021 to expire July 6, 2022, as per Chapter 280-146 of the Code of the Town of Southold. Vot - the Board: Ayes: Members Weisman(Chairperson),Acampora,Dantes,Lehnert, and Planamento(5-0). Leslie Kanes Weisman, Chairperson Approved for filing '�//� /2021 LAW OFFICES WICKHAM,BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICSK-HAM(06-02) �� ABIGAIL A.WiCKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 ' l awickhamCwbglawyers.com t1 V July 2, 2021 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: Property owned by Mattebella Vineyards Holding Company,LLC d/b/a Mattebella Vineyards Premises: 46005 Main Road,Southold,New Fork 11971 SCTM# 1000-51-2-15.1 (Farm 15.2) Appeal No. 7041 Decision dated July 7, 2017 Filed 7/10/2017 Ladies and Gentlemen: We respectfully request a second extension of the ZBA variance for a one-year period in order to complete the requirements of the site plan application. As we previously advised,the site plan application was submitted to the Planning Board and the owner fully 'intends to proceed to completion. There have been delays, including: a The continuation of Covid-19 slowdowns and the associated logistical difficulties in getting services accomplished in a timely manner; ® The workloads of surveyors and other service providers and professionals are very difficult and have resulted in long delays. © The owner retained a landscape architect to prepare the landscaping plan. She has prepared a revised driveway and parking sketch, so as to avoid the removal of several large specimen trees. This plan has been sent to the surveyor to incorporate into the site plan and revise parking calculations and layout accordingly. ® We have continued our efforts to obtain a Health Department's application package and a drainage plan from the surveyor. This is dependent on the final design of the parking, which is now essentially complete. Thank you for your consideration. Please advise if you need additional information. Very tru yours,, AATVIdm Abigail A. Wickham LLC1UaWZBA//shdZBAEv 7-2-21 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �� SO53095 Main Road-P.O.Box 1179 h0 1p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Town Annex/First Floor, Robert Lehnert,Jr. ��► • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento �l - - -- - ---- ------ ---- --- -- - - ---- -- --------- - ----- --y0� ------------ -Southold,NY 11971 http://southoldtownny.gov ZONING BOARD'OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 EXTENSION DETERMINATION One Year Extension Regular Meeting of Judy 16,2020 ZBA FILE# 7041 NAME OF APPLICANT: Mattebella Vineyards - -- _ PROPERTY LOCATION: 46005 Main Road, Southold,('ly y SCTM No. 1000-51-2-15.1 BASIS OF APPLICATION: Request for Variances under Article III, Section 280-14 and Section 280-15, and the Building Inspector's November 16, 2016, amended January 27, 2017 Notice of Disapproval based on an application for permits to legalize seven (7) "as built" residential and agricultural related buildings, and to allow both residential and winery uses upon a 134,246 sq. ft. developable portion of a parcel at: 1)building nos. 3,4, 5, 6, 9 and 14 are located less than the code required side yard minimum setback of 20 feet; 2)'building no. 14 is located less than the rear yard minimum setback of 75 feet; 3) residential accessory structure, building no. 2, located less the code required side yard minimum setback of 25 feet; 4) residential and winery uses upon a single parcel less than the minimum allowed 160,000 sq. ft. in total area, at: 46005 Main Road, Southold NY. SCTM#1000-75-2- 15.1 & 15.2. o This appeal was originally GRANTED with conditions on July 6, 2017. By letter dated July 2, 2020, Abigail Wickham, Esq., on behalf of her client, requested a one year extension of the granted area variances in order to complete the site plan application and obtain a certificate of occupancy for structures. RESOLUTION OF THE BOARD: A motion was offered by Member Weisman (Chairperson) seconded by Member Planamento and duly carried,to GRANT, the applicant's request that the above cited determination be extended for one year from July 6, 2020 to expire July 6, 2021, as per Chapter 280-146 of the Code of the Town of Southold. Vote of the Board: Ayes: Members Weisman(Chairperson)Acampora,Dantes,Lehnert, and Planamento(5-0). Leslie Kan6s Weisman, Chairperson Approved for filing /(7 /2020 BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �o�� �y®l® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes N Town Annex/First Floor, Robert Lehnert,Jr. • COQ 5437.5 Main Road(at Youngs Avenue) Ol --- ----------- Nicholas Planamento Southold,NY 11971----------------- �O� �` — ----------------- --------------- - ------------------------- http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 July 17, 2020 Abigail Wickham Wickham, Bressler & Geasa, P.C. Attorneys at Law P.O. Box 1424 Mattituck,NY 11952 Re: ZBA Appeal No. 7041 Mattebella Vineyards Holding Company, LLC SCTM No. 1000-51-2-15.1 Dear Ms. Wickham; Enclosed is a copy of the Zoning Board's July 16, 2020 determination filed today with the Town Clerk regarding your request for a one year extension. Sincerely Kim E. Fuentes Board Assistant Encl. cc: Building Department 0 LAW OFFICES WICKHAM,BRESSLER& GEASA, P.C. 13015.MAIN ROAD,RIO,,BOX 1424 MATTITUCK,LONG'ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) rABJGAIL A. WICKHAM .JANET GEASA 631-298-8353 TELEFAX.INO.63Y-298-956.5 awickham@wb'glawyers.com July 2, 2020 Town of Southold Zoning Board of Appeals 53095--Main Road,Post,OfficeB_ox 1179 Southold, New-York 11971 Re.- Property owned by Mattebella Vineyards Holding Company,LLC d/b/a Mattebella Vineyards Premises: 46005 Main Road,Southold,New Fork 1.1971 SCTM#1000-51-2-15.1 (Farm 15.2) Appeal No. °7041 Decision dated July 7,,2017 F51ed 7/10,/2917 Ladies-aad Gentlemen - We respectfully request an.exteriii6n dthe.ZBA.variariae for 1hrec_consecutive one year periods in order to complete the site plan application and obtain a certificate of occupanq'y for'the'str6c'tdres. We submitted the application to the PIanning•Bbaird and'are :having the ztirvey6 fiirialize-the drainage and landscaping plans so the application can proceed. There were several pauses whild the owners considered'several different configurations for the proposed winery,none of which affected the variance decision in terms of the structures for which variances were granted. Having decided to stay with the original plan as submitted to you, we did proceed until this Spring;and that unfortunate hiatus seems to have ended,and the surveyor and our firm are back working on the project. The owners are anxious to complete the,site plan. Thank you for your consideration. Please advise-if you need additional information. Very. my yours, AAIYldrrt A, gait A. Wickham ,encl.301shdzbextpma1tebe11a LOCATION MAP SCALE:1"=600' N6o�\.y'L sa v las uo. rnF G .oma 56 em G°�p O� N°\ opt o`� d s ,,e\ 66 cn �� N �e �6o. a� R J 00 Z J, obIr e , S O� \ o t°c o • °� `Ply \ �-� n S SR�\OCP (�° RCFCNCE Cry\ so �000 �/ oiL CO l rn� a� �osi / c�. �0 00 % �^�o �� O sarn o0 0 �_ 1 4` $ oo`� cF 3g. Q G o. oo, oo`z 00 x °, / O \\\ \\\ N. t O OCL \ \°t 7 2 OP ^ \\- / Qfi 9� 10 $ l o ° tN 0- 7°\ 0\N ° OO O' C D O1 �G ,`\� C•g J \1) p\ s5 ��vo �' +20 Q O/�e 1S5 FP° Z c^ � 00-\ oe'c \ J % JeO01,t \_ yPR° SR FEN�� O0 0 N8__ --, L�,7� \ csRF \ -J \ �N:5 O5fA ;AIC, Nc Ni f S�ORPO t0 c Q PRS, . R�� ��� �<_ 1 S64.41'00"W 19.98' a RE 0. � O SEO p J ROSt \\ OO NLn ' __ '% QR°° P1;Af' o STONE DRIVEWAY OP�°j 2 55929'00"w 165.20• a O OO a' �`� QrLRG 21 jb©� SPIFRs m O 3 N27.41'00"W 113.90' 9 N L L OO`'fp SNS jO?f o� scP�o o?` tie O NCE tJj 4 S61*50'00"W 182.10' PCOM C'\Pg oEc_ RP h ti' Rye Rp\FF O. Nf rf \\ R \o h a Sc�P °POSED \\ 5P` •�c0. 5 S25'34'10"E 121.70' D Oil o a. ��e 6 S59.29'00"W 110.55' 41 a �� / �ooa \ �5 o�N N�NOPOSePo \\ \ a 7 N27'35'30"W 160.00' �tJ�tO a agf0fs•P \ c°�K f9 ff�.5 00\ GRJSN / \ Oc�°�R \\\ CP�p�R FINAL MAP 3 ` PR�P�\N�S�Pt > °�° $ °° � '° REVIEWED BY ZBA 8 55928'30"w 125.00' •s. g EP O \ s0 sSRPtlN6 SEPtS) Q f;b �� 6, ti m \ Nc� n 1 `BFPO °\S ro. fO. '° 5\GN o"� SEE DECISION # � 9 N25'07•oo"w ,05.04' 1V�� �� 5� y\\ 'O. y °° \\ // ,0 8�oNO e�oN StOGK > o � ��y ° \\\ sw p \\ N �O 5�0�9� DATED /� /� 10 N60'34'00"E 21.04' v ',� 5 f, f6N.N O 9< \ fR�s5- ` 5\° 6(�. OJ. 6 .}9 m. 6 SOES4 °3 �� �o o� P \\N O \\\ 1 1 11 N27'16'50"W 93.45' 1 00.0 zb 9 6 °�,E 9 j a, sNEs 1° Nf 90� 9` \\ o. \` \\eye Q 12 N63'42'20"E 321.32' ,e PIP 13 S27.37'40"E 216.69' 5 e s \ a 1 �<� .. O•w f6N On.>,1 S q 2nd o\\ ti \ O OVR° \ 0o_ �� 1.500 � \ a�• \\ o°N c,�SN let- M°js ,tiN 0�`+ O ` Zc PFf-NOF' o O e�-�RB O fE6� �^ e c 10111st0 cE c�P°E e�9E Mc k0( O OFFN StOONOf FRPo\NO °( (C� GO •� vQ G° Q fi tJs 2c N P��'FAN .\5�(,\0e 0 Ci 0 O� spJt R oy G �0-• o fEN•S SITE DATA .� O N� Os o / 0 `L q� 12yo 1. AREA OF TAX PARCEL 15.1 = 134,246 S.F. OR 3.0819 ACRES N g' O P AREA OF TAX PARCEL 15.2 = 802,184 S.F. OR 18.4156 ACRES s N2. ZONING USE DISTRICT = A-C LEGEND. 3. GROUNDWATER MANAGEMENT ZONE = IV ^ +�0 4. SCHOOL DISTRICT = SOUTHOLD is 5. POSTAL DISTRICT = SOUTHOLD (O a ��N` BUILDING # DESCRIPTION AREA EXIS�TNEG PLAN ST NEW PROPOSED 6. FIRE DISTRICT = SOUTHOLD 00 fESN6sO s P� 7. UTILITIES = S.C.W.A., VERIZON, PSEG .5?4k FRPE° •� °F P sN O. EooF 1D RESIDENCE 1,050 S.F. YES Mo 2O STORAGE, RESIDENTIAL 99 S.F. YES APPLICANT' GARAGE, WINERY & STORAGE 491 S.F. YES MATTEBELLA VINEYARDS HOLDING LLC. �A 1 \O��\\`I`o J\O �^ 46005 MAIN ROAD O Q`P 4O D RAGE INE STORAGE SHE98 S.F. YES SOUTHOLD, N.Y. 11971 \ 0� \S`\ bbbbbb °e\ O \tyR°� 5O SHED FOR TASTING ROOM 232 S.F. YES - \Gr �0 \ �Ot >O ,110 6O FARM STORAGE 78 S.F. - YES NOTES ` O FARM STORAGE 86 S.F. - YES 1. REFERENCE DEED L. 12392 CP. 996 yg.�90 O O FARM STORAGE 65 S.F. YES 2. LOT COVERAGE:(TAX LOT 15.1) EXISTING = 3906 S.F. OR 2.9% O FRAME GARAGE, STORAGE 363 S.F. YES PROPOSED = 5181 S.F. OR 3.9% O +° � MAR. 06, 2017 AMENDED COVERAGE ¢ 10 WATER TOWER & WELL ENCLOSURE 103 S.F. YES DEC. 22, 2016 PLAN PREPARED �1 DATE: REVISION: y P� ��• 11 FARM SHOP, OFFICE 169 S.F. YES 7 A 12 DECK ON GROUND, UNATTACHED 224 S.F. YES SITE PLAN _ C� 13 FARM STORAGE 97 S.F. YES Prepared For: § r 14 FARM OFFICE, NO BATH OR KITCHEN 401 S.F. YES Mattebelta Vineyards t �L 15 ANCHORED DECK 100 S.F. - YES Holding LLC. ANCHORED DECK 100 S.F. - YES "Winery Improzments" �, 17 FRAME BUILDING 50 S.F. - YESAt � , CZ! 1 FRAME BUILDING50 S O .F. YES Southold Town of DAVID H. FOX, L.S. P.C. N.Y.S.L.S. #50234 19 FRAME BUILDING 50 S.F. - YES Southold FOX LAND SURVEYING 20 PERGOLA/SHEDS 100 S.F. - - YES Suffolk Count New York 64 SUNSET AVENUE Y� WESTHAMPTON BEACH, N.Y. 11978 21 PERGOLA/SHEDS 100 S.F. - - YES Suff. Co. Tax Mop: (631) 288-0022 Dist. 1000 Sect. 075.00 Block 02.00 Lot 015.001 UNAUTHORIZED ALTERATION ADDITION TO THIS SURVEY IS A VIOLATION OFSECTION 7209 OF THE NEW YORK STATE 22 2 STALL STABLE 200 S.F. - - YES EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL 30 0 30 SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. 23 WINERY 875 S.F. - - YES I CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS - SCALE:1"=30' BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON , AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. DWG: 2016-074 0V\5 to ALAIt'-rPLANNING BOARD MEMBERS r P.O.BoING ADDRESS: Y" DONALD J.WILCENSKI O��QF S®UJ�OI Southold,NY 11971 s Chair OFFICE LOCATION: WILLIAM J.CREMERS � Town Hall Annex PIERCE RAFFERTY G • Q 54375 State Route 25 TW4 JAMES H.RICH III mol (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR '�COUfVT`o,� Southold, NY Telephone: 631765-1938 www.southoldtowuny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD ® ` RECEIVED MAR 2 9 2017 MEMORANDUM ZONING BOARD OF APPEALS To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman (1� Members of the Planning Board ��JJ Date: March 29, 2017 Re: Request for Comments: Mattebella Vineyards Holding LLC SCTM#1000-75-2-15.1 ZBA#7041 The Planning Board has reviewed the preliminary plans/survey regarding the application referenced above along with the revised Notice of Disapproval for two principle uses (residence, winery) on less than the required bulk schedule minimum of 160,000 sq. ft. and fifteen (15) as-built residential and winery related agricultural buildings of which eight (8) require an area variance; and provides the following comments: The Planning Board recommends denial of the application because it does not meet the minimum bulk schedule requirement for two principle uses in the A-C Zoning District where the Code calls for 80,000 sq. ft. of lot area for each principal use (160,000 sq. ft. -required) where only ±3 acres (±131,809 sq. ft.) exists. (18% less area than required) As stated in previous letters, the Planning Board has serious concerns over the long- range effects and potential safety issues of allowing retail wineries on undersized -parcels with multiple uses. The Planning Board has already experienced the difficulties in siting retail wineries'on sites without enough space to safely accommodate more than one use, especially in the absence of more guidance in the Town Code. The significant lot area variances being requested here and for other locations are a sign that the Town Code needs to be updated to reflect and adapt to the changes in the industry. The Town and applicants alike would benefit from an updated Town Code that 111 , Mattebei;„ .ineyards Holding LLC— March 29, 2C.-i," recognizes those changes and clarifies and defines the uses while addressing mitigation for potentially adverse impacts from traffic and noise. Thank you for the opportunity to provide input on this application. RECEIVED MAR 2 9 2017 ZONING BOARD OF APPEALS 2 -` COUNTY OF SUFFOLK S Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa-Ward Division of Planning Commissioner and Environment February 10, 2017 Town of Southold Zoning Board of Appeals RECEIVED 53095 Main Road P.O. Box 1179 FEB 212017 Southold, NY 11971-0959 Attn: Leslie Weisman ZONING BOARD OF APPEALS Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Scoggin, Shelley&Lindsey #7040 Mattebella Vineyards Holding Co., LLC #7041 Pawlowski, Paul #7042 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner- TRK/cd lannerTRK/cd H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 (631)853-5191 4tECEIVED LAW OFFICES APR ®4 2097 WICKHAM, BRESSLER& GEASA,P.C. 13015 MAIN ROAD, P O.BOX 1424 ZONING BOARD OF APPEAL MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awickham@wbglawyers.com April 4, 2017 Southold Town Zoning Board of Appeals 54375 Main Road P.O. Box 1179 Southold,NY 11971 Re: Mattebella Vineyards—Appeal No. 7041 Ladies/Gentlemen: Enclosed in 9 sets are the Amended Notice of Disapproval dated January 27, 2017 requiring an additional variance from the 80,000 square foot per use requirement, and a Supplemental Application addressing this item only. Please add this Supplemental Application to the original Application previously submitted. We also enclose a side by side comparison of your Southold Farm& Cellar(SFC) ZBA decision#6861 with this application. This comparison illustrates that the two applications are not remotely similar. The grave concerns expressed by the ZBA in the SFC application do not apply to Mattebella. The Mattebella parcel is significantly larger, only 16%under 160,000 sq. ft., has ample room for parking and buffers, is located directly on the Main Road in a mixed-use neighborhood, and is the Reserved Parcel that was held out in 1986 on the sale of development rights to the rest of the farm. Unlike the SFC parcel,the reserved parcel pertaining to this application has not been subdivided from the agricultural land from which development rights were sold. Further, a much larger winery, Silver Nail Vineyards,was conditionally approved for this parcel by the Planning Board in 2006, and no area variance for number of uses was required. The applicant did not pursue building the large scale winery of almost 5500 square feet for financial reasons. Thank you for your consideration. Ve ruly yours, it A. lc AAW/em If FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: November 16,2016 AMENDED:-January 27,2017 —7 ri l TO: Gail Wickham(Mattebella Vineyard) PO Box 1424 RECEIVED Mattituck,NY 11952 APR 0 4 2017 Please take notice that your request dated October 14,2016 Z®KING BOARD OF APPEALS For permit to legalize fifteen(15)"as built"residential and wmery-related agricultural buildings at Location of property: 46005 Main Road,Southold,NY County Tax Map No. 1000—Section 75 Block 2 Lot 15.1 & 15.2 Is returned herewith and disapproved on the following grounds: The"as built"construction is not permitted pursuant to Article III, Section 280-14,which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C,R-80,R-120,R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Scheduler 11 incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk Schedule requires a minimum side yard setback of 20 feet and a minimum rear yard setback of 75 feet. Building#3 notes a side yard setback of 10 feet. Buildin otes a side yard setback of+/-2 feet. Building#5 notes a side yard setback of+/- 1 foot. Building#6 notes a side yard setback of 6.2 feet. Building#9 notes a side yard setback of 6.1 feet. Building#14 notes a rear yard setback of+/-3.7 feet. Furthermore Building#2(residential accessory)is not permitted pursuant to Article III, Section 280-15,which states that on parcels of 80,000 square feet or more,a minimum side yard setback of 25 feet is required. Buildiniz 2 i noted as having a 0' setback. Furthermore,bulk schedule requires 80,000 square feet per use in the AC Zone.There are two uses,winery and residence on parcel 15.1,which measures 3.20 acres. In addition,the project requires site plan approval from the Southold Town Planning Board. This Notice ofDisgpproval was amended on January 27 2017 to add omi Authorized Signature Cc: File,ZBA,planning Fee: $ Filed By: Assignment No. 7d`t SUPPLEMENTAL APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE (Supplementing Application dated Jan. 13,2017)RECEIVED House No. 46005 Street Main Road Hamlet Southold (winery_parcel) APR 0 4 2017 SCTM 1000 Section 75 Block 2 Lot(s) 15.1 ZONING BOAR®OF APPEALS Lot Size 134,246 sq ft Zone AC Note: Adjoining Vineyard/Farm Lot 15.2 (Dey Rts. Sold) is a part of the overall property, 18.4 a. I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED November 16, 2016 BASED ON SURVEY/SITE PLAN DATED October 11, 2016, revised December 22, 2016 (no relevant change per Building Dept.) and amended Jan 27, 2017. Applicant(s)/Owner(s): Mattebella Vineyards Holding Company, LLC dba Mattebella Vineyards Mailing Address: 46005 Main Road, Southold,NY 11971 Telephone: (631) 655-9554 Fax: Email: mattebellagicloud.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Abigail A. Wickham for(X) Owner()Other: Address: PO Box 1424 13015 Main Road, Mattituck,NY 11952 Telephone: 631-298-8353 Fax: 631-298-8565 Email: awickhamgwbglaMers.com Please check to specify who you wish correspondence to be mailed to,from the above names: () Applicant/Owner(s), (X) Authorized Representative, () Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED October 11 2016 replaced by survey dated December 22, 2016 and DENIED AN APPLICATION DATED October 14, 2016 FOR: (X)Building Permit () Certificate of Occupancy () Pre-Certificate of Occupancy () Change of Use (X) Permit for As-Built Construction () Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Bulk Schedule pursuant to Article: III Section: 280-14 Subsection: Type of Appeal. An Appeal is made for: (x) A Variance to the Zoning Code or Zoning Map. ()A Variance due to lack of access required by New York Town Law- Section 280-A. () Interpretation of the Town Code,Article Section 0 Reversal or Other: A prior appeal () has, (X) has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). (Please be sure to research before completing this question or call our office for assistance) 1 _ #-Ioyl Name of Owner: ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used with prepare`RECEIVED signature notarized): APR 0 4 2017 INTRODUCTION. BONING BOARD OF APPEALS For many years,the Town of Southold allowed residential and agricultural uses to co- exist as part of the same area, and did not aggregate the area of the two uses for Bulk Schedule purposes. The Town also recognized a winery use as part of the agricultural use of a parcel under Section 280-14. Consequently, it was common when development rights to a farm were sold to hold out 80,000 square feet or more to accommodate future residential and agricultural uses on the reserved parcel. 80,000 square feet was regarded as sufficient under the Code to allow both the residence and farming operation uses. Many property owners did reserve larger areas for convenience of having room for both uses,but it was personal preference, not a requirement. Further, based on my practice in the Town zoning field, and on discussions with the Building Department,the 80,000 square foot per use for residence and winery was not implemented until this Board wrote the Southold Farms and Cellars decision last year. The Mattebella parcel,which was reserved from a development rights sale to the Town of Southold in 1986, contains 134,246 square feet. We submit that this variance for two uses on 134,256 square feet should be granted because: -this parcel was held at a time when the Code and Town practice allowed residential and agricultural uses to "overlap" for area purposes, -a large winery was approved for this site in 2006,when the current owners purchased the property, and at a time when the residence existed, -the Town only recently implemented the 160,000 square foot requirement for residential and winery use, and -this parcel is not significantly less than the Code requirement, being 84%per cent thereof. Reasons for Appeal: The variance for a residential and a winery use on this parcel should be allowed for the reasons set forth below: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: -There are few residences nearby. There are none to the North, one to the East (Pellegrini), one to the Southwest(excluding the derelict buildings to the South), and one across the Main Road, and one to the West(Jerome). -The property was previously used as the center of an active farming operation,with its attendant noise, dust, large trucks and vehicles, and other attributes of farming in the barn and farmyard. -The scale of the proposed winery and the existing tasting room and winery is very modest, and there is ample parking on site. -The parcel is bounded on the south by a commercial building and two derelict residences; and near the southwest,two additional retail businesses, which are non- conforming but have operated in the neighborhood for decades. -The winery and tasting room operation is not readily visible from the Main Road. 2 #-7o41 -The property was previously used as an active farming operation, with its attendant noise, dust, large trucks and vehicles, and other attributes of farming. -The scale of the proposed winery and the existing tasting room and winery is very RECEIVED modest, and there is ample parking on site. -The parcel is bounded on the south by a commercial building and two derelict APR 0 41 2017 residences; and near the southwest,two additional retail businesses, which are n - conforming but have operated in the neighborhood for decades. ONING BOARD OF APPEALS -The winery and tasting room operation is not readily visible from the Main Road. -The parcel is located on a major road,NYS Route 25, with generous shoulders, on a straight section of roadway. Eastbound traffic turning left has clear visibility of oncoming westbound traffic, and can be safely passed on the right by oncoming eastbound traffic. -The Zoning Code specifically permits wineries on this parcel, in the AC zone. -The applicant monitors its visitor traffic carefully. It employs a parking attendant during peak periods to limit the number of visitors to those that can be properly accommodated and to make sure that only those cars it can park properly on site are admitted, and are parked correctly. It requires prior reservations for parties of 6 or more, and does not allow limousines except by prior reservation. Buses are not allowed. Reservations are by phone only, not online, and callers are screened to ascertain the interest in wine appreciation. The objective is to give visitors a wine and vineyard experience, not a drinking event. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The development rights to the farm were sold by a predecessor in title in 1986, reserving the parcel now identified as 15.1. The applicant purchased the premises in 2005 at a time when a winery had been approved for the parcel. A copy of the Silver Nail Vineyard conditional final approval and map are attached. The area of the development rights parcel cannot be used or changed. 3. The amount of relief requested is not substantial because: The proposed area reduction is 16%below the required 160,000 sq. ft. The combined square footage of the winery related buildings is only 1,276 sq ft. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The amount of relief requested is not substantial. No expansion of existing tasting room facilities is proposed, only additional production space. The applicant has not been been the subject of neighborhood complaints. The operation is very seasonal, and the number of visitors is appropriate to what the property can handle without creating traffic, noise, or other types of disturbances. The largest attendance is by prior invitation and reservation through the applicant's wine club, which is scheduled during typically slower periods. There is not an active events business being conducted, and music is at low volume and not usually live. There is ample parking on site, and the seating is primarily outdoors, which significantly limits the duration of the visitor attendance to clement weather periods. The winery is not open late in the evenings. 3 #-10 This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 4ia- . Wickham, agent RECEIVED Sworn to before me APR 0 4 2017 April 4, 2017 ZONING BOARD OF APPEALS Notary Public THERESA C. DESCHAMPS Notary Public,State of New York No. 01 DE6155687 Qualified in Suffolk County Commission Expires November 13,20 g 4 ---- - ------ - -- - - --- - -- - ------ - MAILING ADDRESS: PLANNING BOARD MEMS.:.--.: ��tf so�Tyo Southold,ox 1179 1 971 JERILYN B.WOODHOUSE ,`O l0 Chair OFFICE LOCATION: WILLIAM J.CREMERS va ac Town Hall Annex KENNETH L.EDWARDS G ap 54375 State Route 25 MARTIN H.SIDOR ��, (cor.Main Rd.&Youngs Ave.) GEORGE D.SOLOMON �'Du s� Southold,NY Telephone: 631765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED July 12, 2005 APR 0 4 2op ZONING BOARD OF APPEALS Mr. Thomas Samuels Samuels & Steelman Architects 25235 Main Road Cutchogue, NY 11935 Re: Proposed Site Plan for Silver Nail Vineyards Located n/s/o NY State Route 25, approximately 3,612' east of Peconic Lane, in Southold SCTM#1000-75-2-15.1 & 15.2 Zone: AC, Agricultural-Conservation District Dear Mr. Samuels: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, July 11, 2004: The final public hearing was closed. WHEREAS, the proposed site plan, to be known,as the site plan for Silver Nail Vineyards for a new winery building of 5,477 sq. ft. on a 21.5019 acre parcel located in the A-C Zone; and WHEREAS, Walter E. Silbernagel is the owner of the property known and designated as n/s/o NY State Route 25, approximately 3,612' east of Peconic Lane, in Southold, SCTM#1000-75-2-15.1 & 15.2; and WHEREAS, on April 15, 2003, a formal application for approval of this site plan was submitted; and WHEREAS, on July 15, 2003, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5, performed a review of this unlisted action, and as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on July 7, 2003, the Southold Fire District responded, after review of the site plan, and found that there is adequate fire protection; and - - T,�o�i� 1 • RECD EIS Silver Nails Vineyard—Page Two— 7112/05 APR 0 4 2M7 ZONING BOARD OF APPEALS WHEREAS, on October 7, 2003, the NYS DOT approved the application under Case Number 03-138P pending a bond amount of$15,000.00; and WHEREAS, a formal application, known as Reference Number C10-03-0007, was submitted to the Suffolk County Health Department for review and is still pending approval as applied; and WHEREAS, on January 28, 2004, the Town Engineer reviewed and approved the site plan and the Planning Board has accepted his recommendation for approval; and WHEREAS, on January 29, 2004, the Architectural Review Committee reviewed and approved the proposed site plan application as submitted; and WHEREAS, on February 4, 2004, the Southold Town Building Inspector reviewed and certified the site plan; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following three items are incorporated and included in the site plan: 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet the Town Code requirements. 2. All signs shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector. 3. The site plan approval does not include any site disturbance, including excavations or re-grading of this site other than the items that are shown on the grading and drainage plan; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the site plan prepared by Samuels and Steelman, Architects, dated June 6, 2003 and last revised September 22, 2003, subject to fulfillment of the following conditions; 1. The execution of the Declaration of Covenants and Restrictions attached hereto as Exhibit A, filed and recorded in the Suffolk County Office of the Clerk. A receipted filed copy must be delivered to the Planning Department. t RECEIVED Silver Nails Vineyard — Page Three—7/12105 APR ®4 21) ZONING BOARD OF ANraf AL5 2. The applicant must receive approval from Suffolk County Department of Health Services for the proposed site plan and submit a copy of such approval to the Planning Department. In the event the approval differs from the approved site plan, the applicantlowner agrees to further review by the Town and if required an open public hearing. 3. Issuance of a Work Permit from the New York State Department of Transportation, submitted to the Planning Department. These requirements must be met within six (6) months of the resolution. Failure to adhere to these requirements within the prescribed time period will render this approval null and void. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Building Department Town Engineer 4, WrQA A 6WHIaL W, M =)v affi=11stl AC TWAL-21.8010AC1E0 s 20. &TIM's YA FMSIDEke: IAA M Pf, NfiW WW". :wo'mm CRUMPAD: I.Mmm zMT, .&288ACI1)ALI MU"AU.0WAME 0111,0ASE 21' PAli)UNG CALCULAVION i q> 6=YRpD ----------'-- ----­ mr4pAces a1,87DPACEe o$! TOTALWATOTALACP$NEOvMPRMM-208m= MCKPAMMA"MADIM LOADMAM& 1PROMMIMOURM BUILDA13LF-AREA LU ---—------------- ---------- i, t toll 20' SIM r. N C ,LOCATION MAP ai ;u 0 �;o CAM MAIN ROAD(NY5 ROUTE m < 0 n > SITE m "DRAM, SITE PLAN > -SCAM V-31W PROGRESS PRINTS F�QT R CONSTRUIMON 18/03 A� IF ul A89A#2 Lm M-Apa-IF .ARE-A#1 '-t SITE PLAN 3.0 17"= N z ai -0 U 0 :;o m > 0 m < m lr7 WE >y NPTFCIRCbKWRUOnON DATF 19109 1 a3 Nr #� 0y RECEIVED Mattebella Vineyards Application for Site Plan APR 0 4 209 Comparison w/Southold Farms and Cellars ZONING BOARD OF APPEAI5 Variance Decision Southold Farms and Cellars ZBA Appeal 6861 Mattebella ZBA Appeal No 7041 Reason for Variance: Less than 80,000 sf per use Side/rear setbacks; less than 80,000 sf per use Nonconforming 45,512 sf parcel with residence Conforming 134,246 sf parcel with residence; property is 84%of required size Residence&winery use make area insufficient Only winery use makes area insufficient Frontage on Old North Road— Frontage on Main Road at two points Not a "major road"'; narrow local street; 20 Not applicable:A"major road", paved for full foot paved width, no shoulders for parking; width and full shoulders to accommodate shoulders contain large trees and landscaping; near curve and 3-way intersection; access from passing around turning vehicles; along straight section of road; relatively few houses nearby; major road over local streets for long distance Route from major road contains 25 residences Not applicable;4 residences near property, 2 on local streets are on Main Road; Parcel was an independent parcel, separate Parcel was reserved from development rights from farm, and not part of development rights sale in 1986,at a time when 80,000 sf.was sale reserve area deemed sufficient by the Town to accommodate a winery and residential use. Reasons for ZBA Denial of Variance: 1. Undesirable change to neighborhood Local narrow street Not applicable Landscaped shoulders in road rt of way Not applicable No striping or curbing on road Not applicable Access through local streets Not applicable Increase vehicle traffic on local sts Not applicable Affects many nearby residences Only 4 nearby,two of which are on Main Rd Would create mixed use parcel not Several commercial parcels in the immediate characteristic of neighborhood area, including retail 2. Other method of obtaining relief Able to process from off-site facility This could apply to any vineyard parcel seeking a winery 3. Substantial mathematical relief: 71% Significantly less: 16%; parcel is not non- reduction in required area; increasing an conforming for one use: well over 80,000 sf already non-conforming parcel (45,512 sf 4.Adverse impact on physical or environmental conditions in neighborhood. No room on lot for Not applicable buffers or sufficient on-site parking f 470141 RECEIVED APR 0 4 2097 Mattebella Comparison Page 2 ZONING BOARD OF APPEALS 5. Self created hardship—zoning code was in Not applicable—this parcel was reserved from a effect development rights sale years ago; a much larger winery was approved for this site by Silbernagel; applicant had no reason to believe that this site was not sufficient to accommodate both uses, particularly since the Town has approved many wineries on less than 4 acre parcels for decades. Other differences: All buildings except the proposed winery are Three full size buildings (house,tasting room small, many under 100 sq ft, and distributed and winery, only one of which (residence) through-out the property in an unimposing previously existed manner, in a similar pattern to adjoining properties. Many are pre-existing from the former farm use; all are of a relatively low height except the very small 2 story farm office f• r ; FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT JAN 'S ® ���71' SOUTHOLD,N.Y. ZOMIMG BOA® APPE415 NOTICE OF DISAPPROVAL DATE: November 16,2016 AMENDED:January 27,2017 TO: Gail Wickham(Mattebella Vineyard) PO Box 1424 Mattituck,NY 11952 Please take notice that your request dated October 14,2016 For permit to legalize fifteen(15)"as built"residential and�inery-related agricultural buildings at Location of property:46005 Main Road,Southold,NY County Tax Map No. 1000–Section 75 Block 2 Lot 15.1 & 15.2 Is returned herewith and disapproved on the following grounds: The"as built"construction is not permitted pursuant to Article III,Section 280-14,which states,"No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C,R-80,R-120,R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Scheduler II incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk Schedule requires a minimum side yard setback of 20 feet and a minimum rear yard setback of 75 feet. Building#3 notes a side yard setback of 10 feet. Building#4 notes a side yard setback of 2 feet. Building#5 notes a side yard setback of 1 foot. Building#6 notes a side yard setback of 6.2 feet. Building#9 notes a side yard setback of 6.1 feet. Building#14 notes a rear yard setback of+/-3.7 feet. Furthermore Building#2(residential accessory)is not permitted pursuant to Article III, Section 280-15,which states that on parcels of 80,000 square feet or more,a minimum side yard setback of 25 feet is required. Building#2 is noted as having a 0'setback. Furthermore,bulk schedule requires 80,000 square feet per use in the AC Zone.There are two uses,winery and residence on parcel 15.1,which measures 3.20 acres. In addition,the proiect requires site plan approval from the Southold Town PlanningBoard. oard. This Notice ofDisapproval was amended on January 27 2017 to add ns. ------ - ------------ ----------- Authorized Si ature Cc: File,ZBA,planning ; 7o4l FORM NO. 3 g'ECEIVE0 TOWN OF SOUTHOLD BUILDING DEPARTMENT JAN 7 2017 SOUTHOLD,N.Y. BONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: November 16, 2016 TO: Gail Wickham(Mattebella Vineyard) PO Box 1424 Mattituck,NY 11952 Please take notice that your request dated October 14,2016 For permit to legalize fifteen(15)"as built"residential and winery-related agricultural buildings at Location of property: 46005 Main Road, Southold NY County Tax Map No. 1000—Section 75 Block 2 Lot 15.1 Is returned herewith and disapproved on the following grounds: The"as built"construction is not permitted pursuant to Article III, Section 280-14, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80,R-120,R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking ScheduleLl incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk Schedule requires a minimum side yard setback of 20 feet and a minimum rear yard setback of 75 feet. Building#3 notes a side yard setback of 10 feet. Building#4 notes a side yard setback of+/-2 feet. Building#5 notes a side yard setback of+/- 1 foot. Building#6 notes a side yard setback of 6.2 feet. Building#9 notes a side yard setback of+/- 6.1 feet. Building#14 notes a rear yard setback of+/-3.7 feet. Furthermore Building#2 (residential accessor)is not permitted pursuant to Article III, Section 280-15, which states that on parcels of 80,000 square feet or more, a minimum side yard setback of 25 feet is required. Building#2 is noted as having a 0' setback. In addition the project rpquires site plana royal from the S old T n Pla B rd. Tori ed Signature Cc:File, ZBA, planning Fee: $ Filed By: Assignment No. qAPPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS�q AREA VARIANCE RECEIVED House No. 46005 Street Main Road Hamlet Southold (winery parcel) JAN 17 2017 SCTM 1000 Section 75 Block 2 Lot(s) 15.1 ZONING BOARD OF APPEALS Lot Size 134,246 sq ft Zone AC Note: Adjoining Vineyard/Farm Lot 15.2 (Dev Rts. Sold) is a part of the overall property, 18.4 a. I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED November 16, 2016 BASED ON SURVEY/SITE PLAN DATED October 11, 2016, revised December 22, 2016 (no relevant change per Building Dept.) Applicant(s)/Owner(s): Mattebella Vineyards Holding Compm, LLC dba Mattebella Vineyards Mailing Address: 46005 Main Road, Southold,NY 11971 Telephone: (631) 655-9554 Fax: Email: mattebella(c�r�,icloud.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Abigail A. Wickham for(X) Owner()Other: Address: PO Box 1424, 13015 Main Road, Mattituck,NY 11952 Telephone: 631-298-8353 Fax: 631-298-8565 Email: awickharn@wbglawyers.com Please check to specify who you wish correspondence to be mailed to,from the above names: () Applicant/Owner(s), (X) Authorized Representative, () Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED October 11 2016, replaced by survey dated December 22, 2016 and DENIED AN APPLICATION DATED October 14, 2016 FOR: (X)Building Permit () Certificate of Occupancy () Pre-Certificate of Occupancy O Change of Use (X) Permit for As-Built Construction () Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280-14 Subsection: and Section: 280-15 Type of Appeal. An Appeal is made for: (x)A Variance to the Zoning Code or Zoning Map. ()A Variance due to lack of access required by New York Town Law- Section 280-A. () Interpretation of the Town Code, Article Section 0 Reversal or Other: A prior appeal () has, (X) has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# 1 /�f qoq l REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's �ECEIVEu signature notarized): JAPE 17 2017 INTRODUCTION. ZONING BOAR®OF APPEALS This application for variances seeks approval of a) a tasting room and winery production building which pre-exist zoning but whose setbacks now require a variance because the use has changed from residential/agricultural (the Nierodzik farm)to residential/agricultural (vineyard)/winery; and b) several small sheds which were located without sufficient sideyard setback. The two main buildings,the red existing winery building (#3) and the tasting room (#5), were former farm buildings that remain in their original location and footprint but require a variance due to the change of use of a pre-existing building. The sheds have been laid out to form a progression of buildings around the outer perimeter of the property, in the same general area as the existing buildings now housing the tasting room, red winery, and the barn/garage (#9). Three of the sheds requiring sideyard variances are less than 100 sq ft in area. All of these buildings are too close to the rear yard of the property to the south(Gorman,tax lot 14)which has, since the applicants purchased the property, been derelict, creating an eyesore as well as a security concern. The position of these buildings helps screen and block off those adjoining property issues, and provides an open vista toward the vineyard on preserved farmland. While several of the buildings are moveable and could be moved to a conforming location, it would interfere with the progressive layout described above and put building locations out of synch with each other and the red winery and tasting room which they serve. The proximate locations make sense from an operational standpoint. A review of the survey reveals that each of the adjoining neighbor's properties has one or more buildings of varying sizes which are extremely close to or on the property lines. Further, the array of small buildings creates a less developed atmosphere than a large consolidated building, and also creates a more outdoor-based tasting area which is consequently seasonal, rather than a large tasting room which would generate year round traffic. The subject parcel,tax lot 15.1, is merged with the adjoining farm parcel,tax lot 15.2, containing 18.4 acres of farmland(15 a. of producing vineyards) from which applicant's wine is produced and whose development rights are owned by Southold Town. Each variance request is addressed separately below as to each of the five factors relevant to variance relief to facilitate the Board's review of each request. For the Board's convenience, a chart on the survey and a Schedule B to this application have been prepared to illustrate the various elements of relief sought. A. Building 3 —Winery production building/wine storage (tanks, barrels, cases and lab), 1,050 sf., 10 foot sideyard setback 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: First, the former and proposed uses are of similar intensity. The building was a garage and farm building and has existed on the property prior to zoning. The pre- existing insufficient setback was created at the inception of the Zoning Code. It has hot 2 and cold running water(no bathroom) and electricity. There is no access by the public to this building When the new proposed winery(#23) is constructed,the active production in this building will consist mainly of storage and laboratory work. The adjoining property to the south,tax lot 14, is used for commercial purposes and contains a two derelict houses. Second, almost all of the accessory buildings in the neighborhood are at or very close to the property line. Thus, the location of this building is not out of character. See, for example accessory buildings located to the south and west of the property. Xq � 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: It is not a moveable building and has existed in the current location for many RECEIVED years. Its footprint has not been enlarged. The only alternative is to build a much largerJAN I1 7 2017 costlier and more intensive winery building further from a boundary line. 3. The amount of relief requested is not substantial because: ZONING BOARD OF APPEALS The variance is required due to a change of use only, taking it out of the pre- existing use protection. The use is no more intensive than the prior farming use for equipment maintenance, and the building has existed in that location for many years. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The active use of the building is seasonal,primarily during harvest and periodically throughout the year as the wine making occurs. The remainder of the year the use is inactive. 5. Has the alleged difficulty been self created? {X } Yes, or { } No Why: The building was planned to be used as a winery until the proposed winery could be constructed, which has been delayed due to financial and planning reasons. B. Building 4—Case storage a moveable shed. 98 sf, 2 foot sideyard setback. 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: First, the location was primarily due to (a)the need to block an opening in the fence between this property and the applicant's property that was created by squatters living in the property to the south and entering the applicant's property, and (b)the proximity to the winery. The applicant needed to secure the property from theft and vandalism and this was placed close to the fence to reinforce it. Second, Building#4 abuts an active commercial property with two homes which are in terrible condition. Third, its setback is similar to four other accessory buildings on adjoining properties in the neighborhood, one of which is shown as a privy. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: To move the shed 18 feet north would put it inconveniently far from the winery and inconsistent with the layout of the other buildings on the property. 3. The amount of relief requested is not substantial because: it is a very small structure, with inactive use, and blocks the neighboring property. "Substantial" in this context is 3 not an exclusively mathematical concept. While the setback relief requested is 19 of 20 feet, the inactive use of the shed, its low height(approx. 9 feet), and the even smaller setback of the two sheds on the immediately adjoining property (Tax lot 14). These mitigating factors decrease the impact of the large variance as measured in distance. The case law on this subject confirms that the percentage deviation from the Code requirement is does not define "substantial", but rather it is the overall effect of the variance if granted. The NY McKinney's excerpt from Aydelott v. Town of Bedford ZBA,N.Y.L.J. June 25, 2003, P.21, col.4 (Sup. Ct. Westchester Co., 2003, attached, asserts that substantiality cannot be viewed in a vacuum. In Raubvogel v. Board of Zoning Appeals of the Village of Brookville,N.Y.L.J. Dec. 27, 1995,p33, col2 (Sup.Ct.NassauCo.1995) the court found that the factual circumstances minimized the impact of the percentage deviation (45%) in the maximum permitted cubic foot size of a dwelling, in large part because 66% of the properties in the subdivision did not c?A-RIXIED Here,none of the accessory structures on adjoining properties shown on the survey appear to comply. JAN 17 2017 4. The variance will NOT have an adverse effect or impact on the physimboi NG BOARD OF APPEAL environmental conditions in the neighborhood or district because: The adjoining properties to the south and west have similar sheds. 5. Has the alleged difficulty been self created? {X } Yes, or { } No Why: Applicant was unaware that a shed under 100 sq. ft. needed to maintain Code setbacks. C. Building 5 —Tasting room, 232 sf, 1 foot sideyard setback. 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: This is an original pre-existing building which was restored from a former farm structure, and is located on the original foundation. It was originally heated as it has a chimney, but does not now have central heating. It backs up directly to two sheds on Tax Lot 14 which have a smaller setback. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: To move the structure would ruin the old structural nature of the building. 3. The amount of relief requested is not substantial because: the structure is small, and contains seating for only 11 people. It is only used seasonally, as it has no central heat. Mathematics is not the only controlling basis of this factor. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the building has existed prior to zoning in its current location. 5. Has the alleged difficulty been self created? {X } Yes, or { } No Why: While the building is pre-existing, its use as a tasting room changes the use to require a setback or a variance. D, Building 6—Winery storage 78 sf, used to hold supplies for tasting room, small refrigeration and farm items, 6.2 ft sideyard setback. 4 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: The building is very small, is used only seasonally, and backs up to property with similarly situated buildings. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: it holds supplies for the tasting room and its location immediately adjacent to the tasting room is important to the applicant. RECEIVED 3. The amount of relief requested is not substantial because: it is a very small buildin$, seasonally used, and blocks the view of the adjoining property. The numerical R 7 2017 computation is not controlling for the same reasons as Section B(3) for Building 4. 1' MING BOARD OF APPEALS 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the adjoining properties to the south and west have sheds at similar distances and it is used only by staff. 5. Has the alleged difficulty been self created? {X } Yes, or { } No Why: It was placed too close to the line by the applicant. Applicant was unaware that a shed under 100 sq. ft. needed to maintain Code setbacks. E. Building 9—a storage torage and barn/garage for farm use, 363 sf, 6.1 sideyard setback 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: First,this is a pre-existing building whose use and dimensions have not changed. Second, it backs up to a building which was at some point converted to a dwelling which is in extremely poor condition, and which has less of a setback than it does, so it does not adversely affect the adjoining property. Third, we believe, based on the construction in the building, that it pre-dated zoning, but it is not accurately shown,on the old survey and consequently is not on the pre-CO. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: it would cost more to relocate the building than it is worth; but its use to applicant is important for storage. 3. The amount of relief requested is not substantial because: it is actually further from the property line than the similarly sized and similarly used buildings on nearby properties to the south and west. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See 1 and 3 above. 5. Has the alleged difficulty been self created? { } Yes, or { X} No Why: The building was constructed in its location prior to zoning and has not moved. The variance is required by the Code setbacks which were enacted after its construction, as the location of the building was not properly shown on the survey furnished for the Pre-CO.. 5 F. Building 14—office and storage for winery, 401 sqft(+ 64 sf loft), 4 foot setback (3.7 balcony) RECEIVED 1. An undesirable change will not be produced in the CHARACTER of the JAN 17 2017 neighborhood or a detriment to nearby properties if granted, because: This�M dj iniz has an open floor plan on the first floor with files and a desk top table for office wor of APPEALS has no bathroom, kitchen, or living area. It has a ladder to the second floor loft, which contains files and supplies, and the balcony is for appearance only—there is no door to it from the interior. It is located a significant distance from surrounding homes, and the immediate neighbor, Thomas Jerome, has advised that he has no objection to it. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: of the cost to move the structure. The applicant had thought a lot line change with the neighbor might occur to alleviate the problem, until the cost of a lot line change was revealed to be significant. 3. The amount of relief requested is not'substantial because: it is extremely small, and located at the extreme end of the neighbor's property where it does not impinge on any buildings or views. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: same as#3. 5. Has the alleged difficulty been self created? {X } Yes, or { } No Why: The applicant constructed the building too close to the property line. G. Building#2 frame shed, 99 sq ft, which the surveyor erroneously showed as "to be removed" .2 foot sideyard setback. This shed serves as storage for the residence, in which the applicant's farm workers reside. The survey shows it is to be removed but that is inaccurate and the map will be amended once any other changes are required. 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: it shields the property from the commercial use and unsavory residential occupants to the west, which has sheds of similar setback. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: if applicant moves the building, a stronger, bigger fence will be needed. 3. The amount of relief requested is not substantial because: it is not out of keeping with the neighborhood. The mathematical calculation is not controlling, for the same reasons as in Section B (3) for Building 4. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: there are many residential sheds of similar situation in the immediate neighborhood. 5. Has the alleged difficulty been self created? {X } Yes, or { } No Why: Applicant placed the shed,under 100 sq ft, in a convenient location without awareness of the setback requirement. 6 Are there any Covenants or Restrictions concerning this land? {X } No { } Yes (please furnish a copy) As Tax lot 15.2 is part of the overall parcel,the development rights restrictions are attached to this application. /l ' I RECEIVED JAN 17 2017 ZONING BOARD OF APPEALS This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. SEE FOLLOWING PAGE FOR SIGNATURE. 7 REASONS FOR APPEAL (Please be specific, additional sheets may be used with prepa er's signature notarized) - .aCh (eS r)_ _) 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because:v q JAN 17 2097 3.The amount of relief requested is not substantial because. ZONING BOARD OF APPEALS 4 The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5.Has the alleged difficulty been self-created? { }Yes,or { }No Why: Are there any Covenants or Restrictions concerning this land? { }No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. C�- I l� Signature of Applicant or Authorized Agent i tt (Agent must submit wnnttennAAuthonzation from Owner) Sworn to before me this 13 day rllre� i o bt V1 Of U�YI U 120n A Auxo-') `Notary ublic ABIGAIL A. WICKHAM otary Public State of New York No. 52-4642871 Qualified in Suffolk County Commission Expires Sept. 30, 201(l" Schedule B Mattebella Vineyards# Building Chart Buildinq# Size Setback Original Use Proposed Use Utilities, etc. 3 491 sq 7.3' Farm shop/gar Winery production Water supply, elec 22.2X22 2 On slab 4 98 sf 2' N/A Case storage shed No installed utilities 12.1X8.1 5 232 sf 1' Farm office/shop Tasting room Electricity 18.6X12.6 Foundation 6 79.05 sf 6 2' N/A Winery storage and No installed utilities 10.1X6.9 + tasting room supplies 3 6x2.6 9 363 sf 6 1' Farm barn/garage Farm barn/garage No installed utilities 20 1X18 0 14 401 sf 4' N/A Office/winery storage Electric 64 sf loft t 12 3X8.2 I J441� I 2 99 sf N/A Residential storage Electric 12.1X8 1 'ECEINIED SAN 17 2017 Seating Chart Building# or Area Description No. of seats ZONING BOARD OF APP EAI-S 5 Tasting Room 11 12 Covered deck 8 15 Covered Deck 8 16 Covered deck 8 A Outdoor seating area 28 B Outdoor seating area 16 79 Total Seats I I)q RECEIVED APPLICANT'S PROJECT DESCRIPTION JAN 17 2017 19 ZONING BO RD OF APPEALS APPLICANT: M���lo- V' DATE PREPARED: l2017 Ili 1.For Demolition of Existing Building Areas Please describe areas being removed: w►ld►» �I 13 a - mo~A -b cow rMJ ch rean�ve� H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: --° a�s� � w►nom 35�xZS� P►��ol s1'a��P 2-01X10 i Dimensions of new second floor: Dimensions of floor above second level: —' Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) s measured from natural existing grade to first floor: yeS 17-' h�e l'ia6ye- ay- k III.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: -5,qO(o -'�P , Proposed increase of building coverage: O+r W a Z n I.V\e1JU1 G'75-s Square footage of your lot: ( °z4(o aP Percentage of coverage of your lot by building area: pp V.Purpose of New Construction: o 6eJ C� Y©c lJ !o G Z s+Cdk S Ql.2.Q IJ VI.Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): 7s�-1'--� /�Z& -b coa� Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? JAN 17 2017 Yes �XNo ZONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 1V0 2.)Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? lease show area of the structures on a diagram if any exist or state none on the above line. F. Do you/have any construction taking place at this time concerning your premises? /V�If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? )(es If yes,please label the proximity of your lands on your survey. Fx- 14+ 15,2-- sem, G pp[i C'4I 0 y) I. Please list present use or operations conducted at this parcel ke5►dwe iax, -i' W,V)e and the proposed use Saone -+- ckla1 1f-16 wlneyu , , . (ex: existing single family,proposed: same with garage,pool or other) _Py� U�h0� I 13 zol`7 Authorized signature and Date C.lnvl,�'tvHv (oo for� LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM ��� I JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awickham@wbglawyers.com RECEIVED January 13, 2017 JAN 17 2017 Town of Southold Zoning Board of Appeals 53095 Main Road,Post Office Box 1179 ZONING BOARD OF APPEALS Southold,New York 11971 Re: Property owned by Mattebella Vineyards Holding Company,LLC d/b/a Mattebella Vineyards Premises: 46005 Main Road, Southold,New York 11971 SCTM# 1000-51-2-15.1 (Farm 15.2) Ladies and Gentlemen: This application seeks variances for an array of small buildings with insufficient side yard setback, on a parcel of property with full development rights (15.1) which is part of applicant's farm parcel on which development rights are owned by the Town of Southold (15.2). Accordingly, we enclose the following papers, in eight sets, in connection with the Notice of Disapproval dated November 16, 2016: 1. Copy of Notice of Disapproval dated November 16, 2016; 2. Owner's Authorization of Agent. 3. Application to Southold Town Zoning Board of Appeals and copies of COs; 4. Applicant's Project Description with photos and Questionnaire; 5. Transactional Disclosure Forms for owner and agent; 6. Original Survey and Building Diagram; 7. Agricultural Data Statement; 8. Covenants and Restrictions (Development Rights Easement for 15.2) 9. Town Property Card and Tax Map 10. LWRP Consistency Assessment Form; 11. Short Environmental Assessment Form; 12. Appeal fee of$2,750.00; Please schedule this matter at your next available hearing, and kindly contact Christine Tobin at(631) 655-9554 for an appointment to inspect the property, or you may contact me directly. As this is an active farming operation, access by appointment only is required. Thank you for your consideration. V M AAW/dm Abigail A. Wickham end 30/shdzbaappmattebe11a -7091 AGRICULTURAL DATA STATEMENT RECEIVED ZONING BOARD OF APPEALS JAN 17 2017 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Mattebella Vineyards 2. Address of Applicant: 46005 Main Road, Southold,NY 11971 3. Name of Land Owner (if other than Applicant): Same 4. Address of Land Owner: Same 5. Description of Proposed Project: Application for approval of tasting room/winery and new winery production building_ 6. Location of Property: (road and Tax map number) 46005 Main Road, Southold,NY 11971 1000-75-2-15.1 7. Is the parcel within 500 feet of a farm operation? {X} Yes { } No 8. Is this parcel actively farmed? {X} Yes { } No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 1000-75-2-15.2: Mattebella Vineyards Holding Co LLC, 46005 Main Rd., Southold,NY 11971 (Applicant) 2. 1000-75-3-2: Ethel Schroeder, PO Box 354, Peconic, NY 11958 3. 1000-75-3-3: William J. Smith, P.O. Box 1238, Cutchogue, NY 11935 4. 1000-75-2-8: Neal J. Cichanowitz Trust and Sara Cichanowicz Trust c/o Brenda Cichanowicz, 2100 Indian Neck Road, Peconic,NY 11958 5. 1000-75-6-9.6: Corey Creek, LLC. 36225 Route 25, Cutchogue, NY 11935 6. 1000-75-6-11: Francesca and Bradley Anderson, 51 Cranberry St., Brooklyn, NY 11201 (Please use1fie back of this page if there are additional property owners) S"gnatur, of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. Sit opt En virownental Assessment Form Part 1 -Project Information Instructions for Completing Part I-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be sutiject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I-Project and Sponsor Information Mattebella Vineyards Holding Company,Inc Name of Action or Project: Winery Improvements Project Location(describe,and attach a location map). 46005 Main Road,Southold NY 11971 SCTM#1000-75-2-15 1 RECEIVED Brief Description of Proposed Action: pj� Variance application for as built sheds and preexisting buildings converted to winery use with insdMindsi2e ya2d set back Proposed new stable Proposed new winery production building ZONING BOARD OF APPEALS Name of Applicant or Sponsor: Telephone: 631-298-8353 MATTEBELLA VINEYARDS HOLDING COMPANY,LLC E-Mail: awickham@wbglawyers com Address: c/o Abigail A Wickham,Esq,PO Box 1424, 13015 Main Road City/PO: State. Zip Code: Mattituck NY 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,of regulation? —1 If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that z may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? 0 YES If Yes,list agency(s)name and permit or approval. Southold Town Zoning Board of Appeals-variances, Southold Town Planning Board-site plan approval,Suffolk County 1:1 z Department of Health Services-approval of sanitary system,water supply and waste water system 3.a.Total acreage of the site of the proposed action? _____3_1 acres b.Total acreage to be physically disturbed? ___less than-1__acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 21 5 acres 4. Check all land uses that occur on,adjoining and near the proposed action. EJ Urban E]Rttral(non-agriculture) [:]Industrial [Z]Commercial ®Residential(suburban) ElForest OAgriculture DAquatic El Other(specify): ElParkland Page 1 of 3 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ✓❑ ❑ b.Consistent with the adopted comprehensive plan? ❑ ❑✓ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ ❑✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ✓❑ ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES ❑ ❑✓ b.Are public transportation service(s)available at or near the site of the proposed action? ❑ ❑✓ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑✓ ❑ 4.Does the proposed action meet or exceed the state energy code requirements? 0�-? C J NO YES If the proposed action will exceed requirements,describe design features and technologies: New construction will comply_with code, preexisting structures and existing structures may not RECEIVED ❑ 10. Will the proposed action connect to an existing public/private water supply? 30 JL . 260 NO YES If No,describe method for providing potable water:_ __ -zoNZNG_gpARD OF APPEALS ❑ W1 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ New winerywill have newly constructed and approved wastewater treatment facility and sanitary system 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑ b.Is the proposed action located in an archeological sensitive area? ❑ 13.a.Does any portion of the site of the proposed action,o► lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest m Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban m Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ❑✓ ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ✓❑ Ela.Will storm water discharges flow to adjacent properties? �NO [:]YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO mYES For_rrew bufldmg"to=ateLfcom_roof_runoff will b-e—directedlo dry—weIls.Top-ogtaphy-of_piopertyi�flatind run oftlo— adioining properties does not occur. Page 2 of 3 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g. retention pond,waste lagoon,dam)? If Yes,explain purpose and size. ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: -------- /I F Fv 20.Has the site of the proposed action oi an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: F—1 I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRITE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date:,1-6-2017 Signature: AbigailA Wick4ham,A ntX_ RECEIVED JAN 17 2017 ZONING BOARD OF APPEALS PRINT FORM Page 3 of 3 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. ,l /y� e^ I _ YOUR NAME : e r�lG &-1-01( `I ����� • z-V�+�I (Last name,first name,middle Initial,unless you are applying in the name of someone else o o her entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning X Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest.`Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X— If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a �� corporation) �EOEIVED B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or SAN x 7 2017 D)the actual applicant ZONING 130ARD OF APPEALS DESCRIPTION OF RELATIONSHIP 5� / Submitted this day ofO,20 1/ Signature Print Name C 1 1(x y K 1 o---L� APPLI cAlV77"6WAA5 .. TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. r- I ' YOUR NAME: C-11y-t S-I1 y'1 q1 company. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a / q company.If so,indicate the other person's or company's name.) (RECEIVED [[[ TYPE OF APPLICATION:(Check all that apply) JAN 17 2797 Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion ZONING BOARD OF APPEALS Approval of Plat Mooring Other(activity) Planning �( Do you personally(or through your company,spouse,sibling,parent,or child)have,a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)-the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a.non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of 1 VGA ,20 'b Signature Print Name A V't S-k b7- P v m V'I Ill�- ,0-7( I -f RECEIVED .JAIL 17 2017 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: lIC 6 t&A fL/q L01CrzY# (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance l/' Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning 1/ Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. f YES NO 1/ If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of 201Z Signature ,AZI Print Name 4 i GUI6,',4A q Town of Southold LWRP CONSISTENCY ASSESSMENT FORM MATTEBELLA VINEYARDS A.INSTRUCTIONS 1.All applicants for permits* including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law.This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2.Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3.If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions.If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's 1 website(southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. RECEIVED B. DESCRIPTION OF SITE AND PROPOSED ACTION JAN 17 2017 SCTM# 1000-75-2-15.1 (15.2) ZONING BOARD OF APPEALS The Application has been submitted to (check appropriate response): Town Board Planning Dept. X Building Dept. Board of Trustees ZBA X 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Nature and extent of action: Approval of converted pre-existing and new as-built structures for winery and agricultural use and proposed winery. Location of action: 46005 Main Road Southold,NY 11971 Site acreage: 3.1 a (adjoining farm 18.4 a) Present land use: Vineyard, farm winery and tasting room, storage buildings Present zoning classification: AC 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: MATTEBELLA VINEYARDS HOLDING COMPANY, LLC (b) Mailing address: c/o Wickham, Bressler, & Geasa, P.C. PO Box 1424, Mattituck,NY 11952 (c) Telephone number: Area Code (631) 298-8353 1 L 0 Will the action be directly undertaken, require funding,or approval by a state or fedegMy?NO Yes No If yes, which state or federal agency? JAN 17 2012 DEVELOPED COAST POLICY BONING BOARD OF APPEALS Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes No (Not Applicable -please explain) Yes—This is a working vineyard and winery on preserved land. Applicant has tailored its use by employing several small shed structures in keeping with the rural farm nature of the property and the area, avoiding the necessity of a large overpowering structure. Most of the tasting room usage is seasonal and outdoors. The expansion of the wine production facilities will allow a more efficient use the property, allow consolidation of the current outdoor production elements, supplement the existing infrastructure, minimizing additional development. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria Yes No (Not Applicable—please explain) Yes. This application will foster the historical use of the property as a working farm. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes No (Not Applicable—please explain) Yes, the use of the existing buildings will minimize the need for a large building which would block scenic views. The small proposed winery building is one story and to the side of the property, allowing views of the preserved farmland to continue. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable—please explain) N/A. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III—Policies Pages 16 through 21 for evaluation criteria Yes No (Not Applicable—please explain) Yes—Suffolk County Health Dept. regulations will be employed. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. 2 RECEIVED)/:�o JAPE 17 2017 Yes No (Not Applicable—please explain) NOT APPLICABLE ZONING WARD OF APPEALS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III— Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable—please explain) Not Applicable Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes No (Not Applicable—please explain)Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. Yes No (Not Applicable—please explain) NOT APPLICABLE, except that the winery/tasting room encourages the outdoor enjoyment of the scenic vista afforded by the preserved farmland on which the development rights are owned by the Town of Southold. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes No (Not Applicable—please explain) NOT APPLICABLE Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable—please explain NOT APPLICABLE Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable—please explain Yes—this project is essential to the economic viability of the agricultural operation. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable— Not Applicable Zba/lwrpMattebella 3 ,1 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) r►2 vYlGG�C�.��1 lG v ►»21i1 c�YGLs F't O[Q 1 Y�G� dl 1010, yea*e ba_J)6- 1�che ccvdS v I, C6h4Y)e, ��aYI , residing at j MQa�> (Print property owner's name) (Mailing Address) n do hereby authorize W fc. ham -gre,65ie.v"+ ��LI LF�) LZ, j� (Agent) A��tce v UU 1cLk!ft to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. 4f P-ece VI*D 61 i Izo P� ' (Owner s Signature) 3W1 1 2017 BONING SOA�D OE APPEAI-5 �. �r1�-�i V),e-) ���av-i I o 61� (Print Owner's Name) I k r 1FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED SAN 17 2017 PRE EXISTING CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEALS No Z-24575 Date AUGUST 15, 1996 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property, 46005 MAIN RD. SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 75 Block 2 Lot 15.1 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built v Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-24575 dated AUGUST 15, 1996 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY GARAGE & STRUCTURES* The certificate is issued to JOHN W. NIERODZIK (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Building Inspec r Rev. 1/81 f LU �• om �.'Lr O [eppPt V B� t wif Y' y,166 _ ®y C7 xtl,2 d E _ ; clJ b.y 6nnY[ 63• f N 6'•ax xp E NL\ ^\V \.Il/ •ct 107. 1564j99B G\ apa f E N.B \ � Sj2eY 5 q2 $'i zs p o T E Z 7I+ i,lo tis o P O P• �.,., %, .z P 9 55 r� ��t��' a rY r,Bm.B».,l„ ,�•.r,ea •r/n, _ yr$" m Ya•rmw,o .rwr DESCRIBED PROPERTY a+, 1 x5 anw. r SOUTHOLD, TOWN[OFSOUMOLO ,wr•.... SUrrOLM COUNTY,NY tlE h I� u.•a•. suwvrrra• wup saerwwwcri sw.o n •sr r'1 � aw „,[Or[D 3/1B[ww/Bft WwE,[w fwlC SM1•fw,uErb t ro•v d ... r in m wFB[CCI J4Bfwwa4fL W r Via, la,l».aaaaYe �� �•�� L.NI•wre_ Mme.. I � �w..d FY•a a.Mww..�. ' OBUILDING DEPARTMENT • TOWN OF SOUTHOLD • HOUSING CODE INSPECTION REPORT zpoo LOCATION:, 46035 MAIN ROAD SOUTHOLD, NEW YORK . �' number b street (municipality) RECEIV D SUBDIVISION MAP NO. LOT(s) ��� NAME OF OWNER (s) JOHN W. NIERODZIK OCCUPANCY SINGLE FAMILY S FARM type (owner-tenant) p APPEAL ADMITTED BY: LIZ McCAY ACCOMPANIED BY: SHARON KEY AVAILABLE SUFF.CO. TAX MAP NO. 1000-75-2-15.2 SOURCE OF REQUEST: PAUL CAMANITI, ATTY DATE: AUG. 2, 1996 DWELLING: TYPE OF CONSTRUCTION WOOD FRAME / STORIES 1 I EXITS 3 FOUNDATION CEMENT BLOCK CELLAR FULL CRAWL SPACE, TOTAL ROOMS: IST FLR. 4 2ND FLR. 3RD FLR. BATHROOM (s) ONE TOILET ROOM (s) UTILITY ROOM PORCH TYPE REAR HUD ROOM, FRONT ENCLOSED DECK, TYPE PATIO BREEZEWAY FIREPLACE GARAGE DOMESTIC HOTWATER XX TYPE BEATER L.P. GAS AIRCONDITIONING TYPE HEAT OIL WARM AIR XX HOTWATER OTHER: ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. 1 CAR WOOD STORAGE, TYPE CONST. 5 WOOD FRAME & WATER TOWER SWIMMING POOL GUEST, TYPE CONST. (SES OTHER: VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. #1 1 CAR WOOD FRAME GARAGE WITH SIDE STORAGE S REMNANTS OF GREENHO SE LARGE ACCESSORY BARN - UNSAFE PARTIALLY COLLAPSED. 3 SHED - ALMOST TOTALLY GONE - UNSAFE 4 SHED - UNSAFE PARTIALLY COLLAPSED #5 SHED - PASSABLE CONDITION #6 SHED - UNSAFE - PARTIALLY COLLAPSED -f7 MATER TOWER - STEEL OK - TOP PARTIALLY COLLAPSED. REMARKS: SEE ATTACHED SURVEY TO IDENTIFY ACCESSORY BUILDINGS. INSPECTED BY DATE OF INSPECTION AUG. 6, 1996 JOHN M. BOUFIS •TIME START 10:10 AM END 10:50 AM 0 • 3EcLiq- Uiti1Ev�rzi�s U r 1 Zea' � e -�►�lrs �al�d�r � a 00 ee 01Je1/QVYAc�2 I ' RECEIVED ZONING BOARD OF APPEALS Too 5 D t lot Heu,�41 C� I 0 e � IV) C Lr �' - 17 TV Dick y _ A/>.�� Wit,�4,m 4-— ry RECEIVED-, Mattebella Pg. 2OF APPEALS 1 3 zo Ito ZONING BOARD Red winery building(0)Tasting room(#5) Storage shed(#6) Tasting room (#5) Tasting room storage(#6) Case storage shed(#4) i # J a Ap W J N m 1 V� Farm barn/garage (#9) Red farm office(#14)and Shed to be moved (#13) RECEIVED A 19 ' I JAN I ! Lull Mattebella pg. 1 ZONING BOARD OF APPEALS d l� �Z/l 3/ZO Rear of residence(#1) and wine strorage area(outdoor/production) Outdoor production area to east of red winery building r mpg a y S - �Il - 1 - o, � ►F11r 4 }a North side of red winery building(#3)and Case storage shed(#4) South side of red winery building(#3),Case storage shed(#4) and crush pad § 267-b SAND PLANNING ; merit:Similarly, the denial of a variance to permit the expansion lf,ichurch facilities having 44 parking spaces, while 123 spaces x,_;, were,-required, was annulled because of the lack of any factual basis.for the board's mechanical recitation of the statutory stan- dard8.:While not specifically discussing the obviously substantial nature-of the deviation, the court emphasized that the parking t°eggirement, aimed primarily at commercial establishments, was ;�.., not:rationally related to the church's intermittent use o the ;property and the fact that the expanded facilities would not t increase the number of congregates. Korean Evangelical Church I „a,,: bng Island v. Board of Appeals of the Village of Westbury, Feb. 28, 1996, p. 31, col. 2 (Sup. Ct. Nassau Co.1996). °.In,WWA Realty Holding II LLC v. Board of Zoning Appeals of e'Village of Lynbrook, N.Y.L.J. Feb. 17, 2004, p. 22, col. 1 (Sup. i, "'Nassau Co. 2004), a variance from a maximum height re- quirement of forty feet was sought in order to permit a 77-foot PECEIVED r"sFlagpole with a large America flag in front of a car dealership. JA�, 0�� Tl' zoning board of appeals denied the variance, in part, because itfound the 93 percent variance to be "quite substantial." The ,,,reviewing court noted that it "does weigh against petitioner ... ZO ING BOARD OF APPEALS that the variance sought is substantial." However, viewing the t4tdlity of the circumstances and considering the other applicable "'• 'variance criteria, the court concluded that "under the circum- � cstances, and in light of the subject matter, the court finds this 'factor standing alone is insufficient as a matter of law to deny the ,, ;variance." (citing Sexton v. Zoning Board of Appeals of the Town gfiPyster Bay, 300 A.D.2d 494, 497, 751 N.Y.S.2d 595, 598 (2d '' A;;° a• LDept.2002)). 'a', ;F :F •r, 1•,<,In Aydelott v. Town of Bedford Zonzn Board of Appeals, June 25, 2003, p. 21, cor 4 (Sup. Ct. Westchester Co. `"2003), the court criticized the zoning board of appeals' analysis in " »,that it"was, primarily, concerned with the extent of the deviation om the standards established by the zoning code without con- `�sidering the impact on the surrounding community." The court concluded that: ZBA's consideration of this percentage deviation alone, taken in a vacuum, is not an adequate indicator of the substantiality • „,;,,.z. of the Petitioner's Variance Application. Certainly, a small - deviation can have a substantial impact or a large deviation can ,z have little or no impact depending on the circumstances oft e ,t variance application. Substantiality must not be judged in the i- `A,` 1°;1w-" abstract. The totality of the relevant circumstances must be S,�'^ F evaluated in determining whether the variance sought is, in actuality, a substantial one. Id. (citing Rauvogel v. Board of Zoning Appeals of the Village of Brookville, N.Y.L.J. Dec. 27, 1995, p. 33, col. 2 (Sup. Ct. Nassau i 4 ;;», ',j Co. 1995); Kleinhouse v. Zoning Board of Appeals of the Town of 141 € J;„' 1 � � 1996 WL 34569058 C urt,New )York Order) Supreme Court,New York Nassau County In the Matter of the Application of Jay RAUBVOGEL and Randy Raubvogel,PetitionerAECEIVED V. IAN O 2017 BOARD OF ZONING APPEALS OF THE INCORPORATED VILLAGE OF BROOKVILLE,Vespon ent. No.007113/95• April 9,1996. ZONING BOARD OF APPEALS For a Judgment Pursuant to Article 78 of the CPLR Order and Judgment Hon Bruce D Alpert Petitioners,JAY RAUBVOGEL and RANDY RAUBVOGEL,having commenced this proceeding pursuant to CPLR Article 78 by duly filing and serving a Notice of Petition and Petition dated March 10,1995 in which a judgment is sought to annul and reverse the determination of the Respondent,BOARD OF ZONING APPEALS OF THE INCORPORATED VILLAGE OF BROOKVILLE,dated February 6,1995 and filed February 11,1995,which determination denied Petitioners'application for variances from the maximum allowable building volume and maximum aggregate lot coverage provisions of the Village of Brookville Zoning Ordinance,and further to compel a grant of such variances and the issuance of the necessary building permits therefor,and Respondent having opposed said Petition in a Verified Answer dated June 29,1995,and Petitioners having replied thereto in a Reply Affidavit sworn to by John M Chase on August 9,1995,and Respondent having replied thereto in an affidavit sworn to by Thomas B Wassel on September 14,1995,and the issues in this proceeding having duly come on to be heard by this Court on September 27,1995,and the proofs and arguments of all parties having been presented by their respective counsel,and after due consideration and deliberation having been held thereon and given to the merits of the parties'contentions,and a decision of this Court having been made thereon dated December 11,1995,in favor of the Petitioners,JAY RAUBVOGEL and RANDY RAUBVOGEL,and against the Respondent,BOARD OF ZONING APPEALS OF THE INCORPORATED VILLAGE OF BROOKVILLE,it is hereby ORDERED,ADJUDGED AND DECREED,that the Petition be and the same hereby is in all respects granted,and it is further ORDERED,ADJUDGED AND DECREED,that the determination made by the Respondent,BOARD OF ZONING APPEALS OF THE INCORPORATED VILLAGE OF BROOKVILLE,dated February 6,1995 and filed February 11,1995,is hereby annulled and reversed,and it is further ORDERED,ADJUDGED AND DECREED,that the variances sought by Petitioners in their application to Respondent are i hereby granted and Respondent is directed to issue same and,to the extent Petitioners'application for building permits have been withheld based exclusively on the need for or denial of said variances,Respondent is directed to issue said building permits as well Dated April 9,1996 <<signature» J S C 1995 WL 17959416(N Y Sup.)CFrial Order) Supreme Court,New York Nassau County In the Matter of the Application of Jay RAUBVOGEL and Randy Raubvogel,Petitioners, V. BOARD OF ZONING APPEALS of the Incorporated Village of Brookville,Respondent. No.007113/95• December 11,1995. Memorandum Forchelli,Schwartz,Mineo&Carlino,LLP,Attorneys for Petitioners,120 Mineola Blvd,Mmeola,NY 11501 Cullen&Dykman,P C,Attorneys for Respondent,100 Quentin Roosevelt Blvd,Garden City,NY 11530 Hon Bruce D Alpert,Judge MOTION DATE September 27,1995 DATED December 11,1995 In this Article 78 proceeding,the petitioners seek a judgment annulling and reversing the determination of the respondent board dated and filed February 6,1995 and February 11,1995,respectively,which denied their application for area variances In addition,the petitioners seek to compel a grant of the variances sought and the issuance of necessary permits The property at issue on which a single family dwelling and accessory structures have been erected is located along the west side of Brook Lane within the Incorporated Village of Brookville The petitioners are the owners of the property which has been designated as Section 17, Block 10,Lot 38 within the Nassau County Land and Tax Map The petitioners seek to add extensions to each side of the dwelling maintained on the subject property Their proposal runs afoul of two provisions of the zoning ordinance to wit §218 24 4(N)and(K)(2) Subdivision N limits the maximum allowable building volume to 65,000 cubic feet for the first two acres of lot area,while,the applicable aspect of subdivision K limits the aggregate lot coverage,inclusive of principal building,garage,accessory buildings,cabanas,swimming pools,tennis courts,porches,breezeways and patios to no more than 15%of the total square foot area of the building lot While the petitioners contend that the proposed additions would result in a budding volume of 97,815 cubic feet or 32,815 cubic feet above legal maximum,the volume calculations prepared and submitted by the respondent(exhibit 7 annexed to affidavit of Timothy Dougherty) indicate a proposed building volume approximately 3,300 cubic feet less While the magnitude of the variance sought under subdivision N(based on the respondent's calculations)can only be characterized as quite substantial(approximately 45%more than maximum allowable),the magnitude of the second variance sought can only be regarded as di minimi&(6%) Subsequent to hearing held by the respondent on April 28,1994,the Board,by resolution executed February 11,1995,made various findings of fact and denied petitioners'application Village Law§7-712-b(3)(b)requires zoning boards of appeals,in rendering determinations of applications for area variances,to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief sought would have on the health safety and welfare of the effected neighborhood or community In performing this balancing test,zoning boards are charged with the responsibility to consider "(1)whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance,(2) 1 whether the benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue,other than an area variance,(3)whether the requested area variance is substantial,(4)whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district,and(5)whether the alleged difficulty was self-created,which consideration shall be relevant to the decision of the board of appeals,but shall not necessarily preclude the granting of the area variance"(§7-712-b[3][b]of the Village Law) Judicial scrutiny of municipal land use determinations of this nature"[i]s subject to the limitation that courts may not interfere with decisions enjoying a rational basis,supported by substantial evidence in the record (citations omitted)"(Matter of Doyle v Amster,79 NY2d 5924 596) Its determination that the proposal represents a substantial variation in the maximum permissible volume,is clearly rational and supported by substantial evidence in the record However,its determinations that a grant of the relief sought would have an adverse effect on the neighborhood,and would alter its character are not supported by substantial evidence in the record Of the nineteen(19)homes within Cedar Brooks Estates,the subdivision in which the petitioners'residence is situated,merely a third thereof comply with the building volume limitations at issue herein Were the applicants afforded the relief they seek,the resulting increase in building volume would still be approximately 13,000 cubic feet less than one of their neighbor's Based on figures provided by the respondent,the current budding volume average in Cedar Brooks Estates exceeds the standard by more than 8,500 cubic feet Under petitioner's proposal the average building volume in the neighborhood will increase by less than 1,000 cubic feet CWhile the proposed variance in budding volume is quite substantial(approximately 45%above the ceiling),its magnitude is minimized when considered in conjunction with the fact that the petitioners were issued a certificate of occupancy at a time when the property's building volume significantly exceeded the 65,000 cubic feet limitation Inexplicably,the petitioners'experience was not an isolated one Respondent's assertion that its Building Department misconstrued the regulation and interpreted"building volume"as"habitable space",though it stretches the bounds of credulity,may explain why almost 66% of the properties in Cedar Brooks Estate do not comply with the budding volume limitation The respondent's emphasis on the concepts of self-created hardship and corresponding lack of"practical difficulty"ignores the change in the law reflected by the adoption of Village Law§7-712-b(b)(3),as an applicant seeking an area variance"[n]eed not show'practical difficulties'as that test was formerly applied"(Matter of Sasso v Osgood,86 NY2d 374,384) It merits mention that the statute explicitly provides that the presence of a self-created hardship does not,of necessity,prevent the issuance of an area variance The refection of an application for a variance from a municipality's zoning ordinance must be accompanied by factual findings upon which the refection is predicated Mere conclusory statements as to the adverse effects on a neighborhood and/or an anticipated alteration of a neighborhood's character,such as in the matter at bar,are insufficient Though the respondent arguably engaged in a balancing of competing interests,as required(see,Matter of Sasso v Osgood,supra),the absence of evidentiary underpinnings within the record supportive of the conclusions expressed,mandates the annulment and reversal of its decision and compels the issuance of the area variances petitioners seek (see,Matter of Coates v Planning Board of the Incorporated Village of Bayville,58 NY2d 800,803,Matter of Castle Properties Company v Ackerson,163 AD2d 785,787[3d Dept],Matter of Ferngan v Thompson,135 AD2d 953,954,appeal dismissed 72 NY2d 854,Syracuse Bros,Inc v Darcy,127 AD2d 588,589) Neither conclusory assertions(see,Matter of T J R Enterprises,Inc v Town Board of Town of Southeast,50 AD2d 836,837),nor speculation as to a variance's ultimate effects(see,Matter of Salierno v Briggs,141 AD2d 547,549)constitute an acceptable substitute for substantial evidence Lastly,to the extent that the Board may have relied on the observations made during a personal inspection of the petitioners'property,the failure to disclose the facts gleaned therefrom is problematic (see,Matter of Holmes&Murphy,Inc v Bush,6 AD2d 200[4th Dept]) For the reasons hereinabove articulated,the determination made by the respondent is annulled and reversed The Board is directed to have the area variances sought herein issued To the extent that the associated building permits have been withheld based,exclusively,on the denial of the variances herein sought,same shall be issued Settle Judgment on Notice «signature» JSC vacelvev p ING gOpRD OF 0% � P�ptS Z 2 RECEIVED ZONING BOARD OF APPEALS Mattebella pg. 3 � v 4 { w C. �l u Proposed WinerySite (#23) ParcelInfo Page 1 of 1 Property Summary District I Section I Block Lot Liber/Page Recorded Date Price Doc Date 1000 1 07500 0200 015002 12397 0164 7/12/2005 900000 5/27/2005 Buffer Distance100 Feet Last Name/Company W First Marne Middle Suffix Percent MA17EBELLA VINEYARDS HOLDING COMPANY LLC SOUTHOLD TOWN OF Property Information History Information Property Detail �p� ZQ17 Doc# Condo Floor Fpp ❑Title Discrepancy ZONIN ���i �r�ifiication I Frontage Depth Approximate Acreage Area Deed 25 VAR .63 0 i NYS Classification (Land Use) I Acquired Development Rightsp Other Use Unknown Remarks DEVELOPMENT RIGHTS I Physical Address Street# Unit Pre-Dir Street Name Post-Dir Type Centroid !"77- 1777 { 2428610;3C City or Town Village State Zip Code IF - I - - -- - Mailing Address 46005 ROUTE 25,SOUTHOLD,NY 11971 Special Districts Ambulance School Fire Water Lighting Refuse Sewer Pine Barrens --= 1 F-71 28------ - i 43 =- — Land Value Full Value Assessment Roll Year I _ - - ----- III 2300 _ 2300_ _• 2015 Parcels History Previous Parcels Next Parcels � 1000 07500 0200 015000 __ ., i _ ? ., I w i Filed Map/Condominum —_ -- I Type Map Number Section 15lock Lot blame http://gis.co.suffolk.ny.us/rps/Parcellnfo.aspx?&tmnld=1000075000200015002&propld=l7... 1/5/2017 SEE SEC NO 069 w N 325 682 Z----- __ LINE 'gy(yL 0 � Ac 181 U 6 O1� (TOWN OFSOUTHOLD 22A h 2aP, 9i � ^ OEVELOPMEMR/GHTS) �, ^ � 1+ ,& 1 �a 28 CHURCH OF THE ,o''I OPEN DOOR i 16 8A(c) 18 9A(c) 50 ti�P 2 7A(c) ^p 6 ^p O '�o '� \6 �/_' 1 wAw � � •�+'a $1al � 3 1+d' l5p\ 16 E� � � n �� ry 11� a��L! ^••••� •$ ^,5 M1 1g1P � .yo 1 8 atl'.q,• un 1pe ^acs o^ Q� o'I I nsf ryti P �A c eti 4' ^ti s /S O 2 8 el �:S .•+ e '1a a,sl +w,s� a a p .� b 6 '2i e'`' ,p N 3 LII Q $ m 1 3 ave ® 'Z." e 1�. � � •°�q� 1�a y � Q ,' ►11t j� $ rn 1a $ +,w 8� c� 2ga ® SOP 3 7� ° 1p\ (G\, ,P RECHARGE pl m W ., �+ '$ &b. BASIN)—:71 21 Q ry 0P P^ `+ .Pv Y 721us -a7.�P ,� �PE� JPt\ON _LY `T— Imo.(��pl 0 G FSUFFOLK\V '2iD TQ'�� C �-C IEN7 RIGH75) Z p"s d g0 ti � ,ao gaP Q ^ 2pP Og11 \ ,& P / 76 a9 v + 0I BA �',• !V'� fiP 222 �p'1 3 4A(c) 4 5 t /�513'A 1 ,�P 4^ 45A Cbv��y `vPCI�� (���, 273A(c) � v Pd ,�� a SOUTHOLD FIRE DIST 22 5A A (TOWN OF SOUTHOLD 97 Q' 'h 6 DEVELOPMENTRIGHTS) 62 28 OA j 1 BA i 77 (COUNTYOFSUFFOLK DEVELOPMENT RIGHTS) Ff[ 1p� 3 8 tb 15 4A a a ''6 XPi 5 �, (COUNTY OF SUFFOLK DEVELOPMENT RIGHTS) 75 O 4 1 BA 1231'w 61 pgP 18A 4+ 231A(c) ` 7' y,SP w P1 <O Oy 32 9 O 24A =of 33 23A a' ^ PI A° ay 3 r 1 N° m _ v- 74n 131 U 5 A(c) Y: a 14A(c) f • LAB 9991 ?AGE 459 • % ]�` l DI E RECEIVED JAN 17 2017 SEP 2 5 2003 ;c:�910 �a ZONING Sa+rmhald NG BOARD Of APPEALSTawe INDENTUR �fannin *...a THIS INDENTURE, made this Zo/qday of ? 1r'- wto 1980 between JOHN NIERODI2IK ' residing at. &/ Main Rnad- Snifthnld, N= Pack party of the first part, and the TOWN OF SOUTHOLD, a municipal corporation of .�o9r the State of New York, havings its office and principal place of business at,'Main Road, Town of Southold, County of Suffolk and State of New York, party of the second part. WITNESSETH, that the party of the first part, in consideration of Ten and �- 4} � •:�- 001100 ($10.00) Dollars; lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant oand release unto the party of the second part, its successors and assigns forever, Sr��/a,✓ the Development Rights, by which is meant the permanent legal interest and right, e77,-40 as authorized by Section 247 of the New York State General Municipal Law, as 3d 4 amended, to permit, require -or restrict the use of the premises exclusively for QL.UP agricultural production as that term is presently defined in Chapter 25 of the Southold Town Code, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to ALL those pieces or parcels of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, more particularly described on Schedule A, attached heretoand made a part hereof, TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the above described premises to the center lines thereof. � ...67"ESTATEy-, ` RE......... L ` : • 1 . ,"V 1910 MAR 6 1988 TRANSFeR TAX ` SUFFOLK �Oq LIBEK_ RECEIVED JAN 17 2097 ZONING BOARD OF APPEALS TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, Its successors and assigns forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the rights to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total for the same' for any other purpose. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and its heirs, legal representatives, successors and assigns, of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. The definition of "Agricultural production" as defined in Section 25--30 of Chapter 25 of the Southold Town Code is as follows: "Agricultural production - shall mean the production for commercial purposes of crops, livestock and livestock products,. but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock produdts. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes". The party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, -Y LIVER9991 P E.452 - successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The word •"party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. r IN PR SENCE OF ohn Nierodizik A rS AND APP ED Town Attorney Ab U y, Supervisor P s ZONIOG BOARD OF P'PPEALS -3- 9991 453 ,VcfiVED JAN it 7 ZVI STATE OF NEA YORK) ZONING BOARD OV APPEALS ss. : COUNTY OF SUFFOLK) On t is:V? day of L� 1980, before me personalty came FRANCIS J. MURPHY, to me known, who being by me duly sworn, did depose and say that he resides at Old Main Road, Mattituck, New York; that he is the Supervisor of the TOWN OF SOUTHOLD, the municipal corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Town Board of said corporation; and that he signed his name hereto by like order. �x Notary Public ROBERT W.TASKER NOTARY PUBLIC,Slate of N.Y. Ve.52-3933723,Suit-Cat1,.r'J Term rMpires March 30,1921 STATE OF NEW YORK) T ss. COUNTY OF SUFFOLK) On thday of 198_'�, before me personally came JOHN N181VODIZIK to me known to be the individual(s) described .in and who executed the foregoing instrument, and acknowledged that he executed the same. tr Notary Public ROBERT W.TASKER —4— NOTARY PUBLIC.State of N.Y. Na.52-3933723,Suff.C;: Term czpun March 30,19 t Ll�Ev 7�J1 F;GF 45 it�C6I�6� JAS 7 2M7 SCHEDULE A Z®NING BOARD OF APPEALS ATTACHED TO AND FORMING A PART OF AN INDENTURE FROM JOHN NIEROD14LK TO THE TOWN OF SOUTHOLD DATED 2,124 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk-and State of New York, bounded and described as follows: BEGINNING a a point on the northerly side of Main Road, said point being distant 727.78 feet easterly from the corner formed by the intersection-of the easterly side of Maple Avenue (private road) with the northerly side of Main Road, said point also being where the southeasterly corner of land of Nierodzik inte sects the said northerly side of Main Road and from said point of beginning; RUNNING TH NCE along the easterly and northerly line of land of Nierodzik the following f ur courses and distances: 1) North 27 d grees 37 minutes 40 seconds West, 216.69 feet; 2) South 63 d grees 42 minutes 20 seconds West, 261.66 feet; 3) North 26 degrees 17 minutes 40 seconds West, 100.00 feet; 4) South 63 degrees 42 minutes 20 seconds West, 100.00 feet to land of Jerome; RUNNING TH I NCE along the easterly line of land of Jerome the following two courses and distances: 1) North 25 d�grees 43 minutes 40 seconds West, 1526.10 feet; 2) North 25 egrees 47 minutes 40 seconds West, 674.09 feet to land of Long Island Railroa ; RUNNING TH NCE along the southerly line of the Long Island Railroad, North 60 degrees 33 minutes 00 seconds East, 312.21 feet to land now or formerly of Moelius; RUNNING TH NCE along the westerly line of land of Moelius, South 27 degrees 37 minutes 40 seconds East, 2535..01 feet to the northerly side of Main Road; RUNNING THENCE South .64 degrees 41 minutes West along the northerly side of Main Road25.02 feet to land of Nierodzik and the point or place of beginning. Containing 18.417 acres. 1 TOWN OF S®UMOL-® PROPERTY -RECORD, CAR® _ OWNER STREET VILLAGE DIST. SUB. LOT r� FOMER OWNER N E ACR. ; /✓ 5�' e.t- ��r 1, I ,��n e_� a�-�ls 11C- ��tom'I( c�� �� •�n !•!® � � -C)e-I �,-�C '��;�� --?. doh P-1 V1I A/ i/'0d ! Li S W �� TYPE OF BUILDING J e RES. SEAS. VL. COMM. CB. MICS. Mkt. Value L,--,ND - IMP. TOTAL DATE REMARKS C ti d n nw .1'r� cU o2 d to 6 -0 d 'V3-/ '� rZ 7- 7 FS ZONING BOARD OF APPEALS 13 , 74 le -5-e-, 6-6 �/�.�/ /ri' �-,A 7 - l f g o -.J ®YriThr I I -O lJi':`Ili tom"!--/• ( ( �7 6 i'Gsc ;jc:,o 2-'15 L)-,D v ��� � ��r 112-ho - _ IlZ3S0n74 APS/ir irk, LSI i -7-at< (�E BUILDING COND TION 1n / �1 / p } �T. D ~i�v C7 CEJ 1.J J �o 7 c✓ �/q 303'_>A�!e-r-od 2l k � J 1 ve!` 1 J 7� pE Q�`CV,61gl,q dg "Ltd __ ! 0 �i o� z7 os—L >'7-3 �9(�—��i_�c/r°�IIVO fo�a1� 0/p 11r, `�.�oC�,00 Tillable FRONTAGE ON WATER 72 Woodland �' FRONTAGE ON ROAD Meadowland DEPTH LSC) House M ^ ./�� Z o o . - BULKHEAD Total l DOCK } u-ire g �, .dr q, j ! • � a x , ■■■■■■■■■■■■■■■■■■■■■■■■MIME ..��r �. 2H . : �z,�•� � .- . y „ . �■■■■■■MEM■■■■■■M■■■M■ EESMI MENNEVEMSEEMIMMEM ■■■■■■■■■■��■■■■ ■■■■■■■■■■moi■ _m ■■M■■■MMMMII■■■MIEI■■■■■MME■�■ r ■■■ ■■■■■©��■■■■iNS■■■■■■■SS■■■ _ ■■■EMM■MMMIIM■M■I�MM■■■MM■E■■M : .. ■■■■M■■■■■■ ■ aS■M■■■■■■E■■■ IMMEMENEEMSEEMEEMSEM MEN .. Ext. Walls Inferior Finish �oFire Place ,. Type R.. F#tel te•:.;. r n '.�`=ea'�}z'r"Fq "'_`, "a�.,._�iz'_3. -': ��'y-''-k='roc-'�= s;?�i�"•-- ''� ,f"'. «:+a= x,`,.:k, �,r �y"�i. ',�4-� `„ S.`�-`7..Y'1.'� •".a'y,;;3'c,n�^^-. '�' ', `#? eY �q 'd<t�� F LOR �� r.: TRIM zus� -•�i+f�',�'ti` ��:'r�.� .��:` S� , _,,. ,�'w�''-q�"f��i � '/ s ,p,'S�� :tNt. I ".T� h�.=�"g.a. r �• ��-1 .ice . „'� I I I , 1 stat {33 tom•• = - �'.. i I IIV 3 8 OP, D OF P I -I•'"'sPg,;, f3�r.--�•5.."�,t:•->:-` ." .•. .z -'. d;=;w Dnp?",-`•a+;,�:'e,�=:.< rra:.ze ""7 ,-;- ;.;•-„£-:L•'" � _`.:v -,o-�`- n_: ,!:z� .��` ,.5 ;-y;�, •:,_.:x - `,n'.i`' `�-:•:,;a g �� I I j -x:ri•:, r€>;, �:�•��. `I't;`rT•i�' `2:'` _'�� �,�.�:..;,��a?ti:.'�.a';���3:^ayec.::r n•`s�"-:.,�: r'.:r,.�,a..�,: �”` �' j I I •i;.w.;:r`+i-✓F. �>sga�.c��.'1 x;�'r,� .?L:,ter",�:., �`�=��,',���•'Y�-rz 7�'�' g.�....ec -a=,y fc-�w�r5��: - -- -- ?, ..' .:�'�+•��' c-•,'".may„- x�;.,-,-a� `+— 'I- .;�,`:....r.. t ,t �•� r."-;c,��;�-'�;',' £ma=y_ _��r'..s�'�'�w.,;�-.•, �"'_�``;,` �`,.�;5�;' '''`,=:a ' •,C-,.y •'^1'„k'.tfr,.;•4w,{y ?z-r.,;3 ^2yi:r ':`'iF..' 3�n`r��"� '�`��`�'- F.i”'-�n 1 I te'�:%.Icr:-.''�':' '':€:rc-�i,',.:.�- '•ss:�Y.. �:=;;r:=�:,y"- v.� ,,_T:c•_�7=.,.---"..�•,.=s'��,'>�-a�:h;�-; ter'-., ,.•r:?r�.'v�•"„�,` i i 1 },"i'-',t.,-y.`-t�`.r '':2"-s,=�•,„z:��rF)="'>i,rt>s'� �'•`'.�'�'t<x-.�.`.x�fi="^- -+.-"!�,->'�,3,xr-"•z��."� � 1 � I $.�.F -'`irk t•,..ac-..- .a.. I i � w �x4ry ° x 4 TM 3c r" J, 75.-2-15.1 L �,dm��'-L�'�7s� za-'s�-'�,-.,. '�'t'�t`��a?��--�`��11`-���'--a� �j •i i 1 I 1 � —r— Ji M. Bldg. Extension Extension Ll f 1._ Foundation ti Bath i j _ " I I Dinette 1 PorcnBasement Floors KI I . I Porch I Ext. Walls ;, Interior Finish �. '�� ! �. ;':�_ ` 'LR. Breezeway Fire Place Heat _ I DR. �� .Gafa9 POA�TR,ld_ / ' r✓ — / �f'/ i `"� LCL j Type Roof Rooms 1st Floor IBR. Patio fy fi Recreation Room Rooms 2nd Floor I FIN. B 0. B. t ,r ; a ;7" Dormer Driveway 1 , Total I , 3 J t� -, �..�P lir"".a;.• r .: _., ' II F-y/ 11 � !`•.-__I..r�F..i,..a .-�-• � ✓ �•✓-_.i=__ TOWN OF SOUTHOLD PROPERTY "RECORD CARD s OWNER STREET VILLAGE DIST. SUB. LOT b 4 All 1IT Sj-7 ORMER OW N E ACR. v,orW5.1 L I. R' , R , :3-��I ,, vi Niev-671--z-tk, S W TYPE OF BUILDI-+Yd'N' iol-)n — kf r- je-FI)ro k+1 SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 1� 4 C-7 '411-7 705- A & // IV V 4n Ali 6 rcd /v/(2-- rX13��6 /j/00 It '2j6 -3 f 7- Tillable 3�R'OWTAGE ON WATER t 7 517--71,)J-L lz3q 7� 71v Woodland FRONTAGE ON ROAD Lie �r)6 I z) Meadowland DEPTH House Plot BULKHEAD Tota I ®�®��FFO��-c® ELIZABETH A.NEVILLE,MMC ,may. �/y Town Hall,53095 Main Road TOWN CLERK a P.O.Box 1179 ®is Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 1 ® Fax(631)765-6145 MARRIAGE OFFICER A . �®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER _ ®� �► www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: January 19, 2017 RE: Zoning Appeal No. 7041 Transmitted herewith is Zoning Appeals No. 7041 for Mattebella Vineyards Holding Co. LLC-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire,Agricultural Data Statement, Short Environmental Assessment Form,Applicant/Owner Transactional Disclosure Form, Agent/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval, Board of Zoning Appeals Application Authorization, Certificate of Occupancy, 8x11 Copy of Survey,Housing Code Inspection Report,Drawings of Floor Plans, Photos, A Copy of a Page from Zoning and Planning Art. 16 §267-b with"In Aydelott v. Town of Bedford Zoning Board of Appeals"highlighted,A Copy of an Order and Judgement Between Jay Raubvogel and the Board of Zoning Appeals of the Incorporated Village of Brookville, Photo of Proposed Winery Site, Property,Summary,'Map of Properties, Copy of Deed, Property Record Cards, Copy of Check to the Town of Southold, Cover Letter to Application from Wickham, Bressler&Geasa, and the Site Plan., * * * RECEIPT * * * Date: 01/18/17 Receipt#: 215831 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7041 $2,750.00 Total Paid: $2,750.00 Notes: Payment Type Amount Paid By CK#2321 $2,750.00 Vineyards, Mattebella Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Vineyards, Mattebella 46005 Main Rd Southold, NY 11952 Clerk ID: SABRINA Intemal ID:7041 Fuentes, Kim p From: awickham@wbglawyers.com 11 ; 5 111 Sent: Thursday,June 15, 2017 8:07 AM To: Fuentes, Kim , s Subject: Mattebella Variance Application This is to confirm my advice on behalf of Mattebella Vineyards that the applicant consents to the extension of the time in which to render a decision until the Board's next meeting on July 6, 2017. Gail Wickham Wickham, Bressler&Geasa,P.C. 13015 Main Road P.O.Box 1424 Mattituck,New York 11952 631298-8353 631298-8565 (Fax) awickham@wbglawyers.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed.This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient,be advised that you have received this e-mail in error and that any use,dissemination, forwarding,printing, or copying of this e-mail is strictly prohibited.If you have received this e- mail in error,please immediately notify the sender at 631-298-8353. 1 �\ r Fuentes, Kim From: awickham@wbglawyers.com Sent: Friday, May 05, 2017 2:21 PM To: Fuentes, Kim Cc: ccferrari@aol.com; mark.tobin@akerman.com Subject: Statement Regarding Wine Production and Tasting. Mattebella Appeal No. 7041 Attachments: Hargrave wine prod statement.pdf Ladies and Gentlemen: Attached is a statement from Louisa Hargrave regarding wine production and tasting for your general information. Please include it in the hearing record. Gail Wickham Wickham,Bressler&Geasa,P.C. 13015 Main Road P.O.Box 1424 Mattituck,New York 11952 631298-8353 631298-8565 (Fax) awickhamgwb lawyers.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed.This communication may contain material protected by the attorney-client privilege.If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient,be advised that you have received this e-mail in error and that any use,dissemination, forwarding,printing,or copying of this e-mail is strictly prohibited. If you have received this e- mail in error,please immediately notify the sender at 631-298-8353. 1 WINEWISE, LLC Louisa T. Hargrave PO Box 1405 Jarnesport, IVY 11947 WINE PRODUCTION AND TASTING In 1973 my (then) husband Alex and I planted Hargrave Vineyard, the first commercial vineyard on Long island, in Cutchogue. From our first harvest in 1975 until we sold our farm in 1999, 1 tended the vines, ran our wine lab, managed our fermentations, bottled, labeled, delivered our-wines, and ran our tasting room. Since then I have written and consulted about winemaking. From 2004 to 2009, 1 was director of the Stony Brook University Center for Wine, Food, and Culture. The most compelling reason for us to have chosen the North Fork to grow wine grapes was our desire to make European-style wines without needing to resort to the kinds of interventions we saw were necessary in the hotter climate of California and the colder climate of.upstate New York, the two most established wine regions at the time. The temperate.climate here ripens fruit to have a natural balance of sugar and acidity, both important to,fine winemaking. What is the natural process for grapes to become wine? Yeast organisms, either from the environment or from selected cultures, are hungry and want to reproduce. They gobble up.the sugar in grape juice. In doing so, just like humans, they use up oxygen and give off CO2. At a certain point,,the CO2 �oql begins to suffocate them, so they turn to an alternative mechanism to keep breathing. That's fermentation, and it produces alcohol as a byproduct. The alcohol eventually kills the yeast, but it preserves the juice as wine as long as oxygen is kept away from it. Otherwise, it will become,-vinegar. You see that this is a simple and natural process. If you take grapes, load them in a tank, and leave them there in a closed container, you will havewine. You don't need to crush or press them, although you may. Where and how fruit is crushed or pressed is ancillary to production itself, which is the conversion of sugar to alcohol. The term "wine production" is misleading because it implies that wine is some sort of manufactured product. In fact, it requires less "processing" than making jam. The European grape varieties grown here are the only kind of fruit on the planet that can be preserved with, no intervention at all, other than protection from oxygen. Only wine grapes have enough.sugar to convert to a level of alcohol that will preserve the juice naturally, with an acidity and pH at which no organisms can live that can harm humans. To be Federally licensed, a winery needs to ferment only 50 gallons on premise. The containers used for fermentation are not dictated by law. When we began in 1973 and bought stainless steel tanks, they were an innovation. In Bordeaux, only Chateau Margaux had them. Today, although most modern wineries do use stainless steel tanks for purposes of size, temperature control and sanitation, the current trend in many parts of the world is for a return to wooden tanks or casks, small barrels, or innovative concrete "eggs." Some now copy the tradition of the Georgia Republic and ferment in terra cotta amphorae,, embedded in the ground. These are all stylistic choices but in every case, the wineries with the most small containers have the best flexibility for quality. The popularity and marketability of styles changes so a winery must not be bound to having a prescribed number of stainless tanks, barrels, or other containers. During production, for purposes of quality and consistency wine makers may adjust sugar or acidity, inoculate fermentations with cultured organisms, and filter, clarify or "fine" the wine with time-honored agents like gelatin, bentonite clay or egg whites (all of which precipitate out before bottling). All wine making interventions are defined and sanctioned by federal law (though the government is more interested in collecting the taxes on alcohol than on quality). On-premise tasting at Farm Wineries is also sanctioned and defined by New York State laws. For a township to further restrict the rights given by the state give an unfair advantage to other regions. Wine is not like jam or cider; it is not a generic product and every producer's wines are different, even if the varietal label ("Chardonnay;" "Merlot",) sounds the same. It is customary and important for wineries to offer tastings to consumers. We do not all have the same taste buds activated in the same way, so we do not taste or smell the same things. Wine is.a high value-added product, which makes it a good fit when land prices are high, but to support a premiumprod„uct, consumers need to be educated by tasting. Years ago, when my daughter and I were sitting in Columbus Day traffic,she said to me, "This is all your fault.” But that's not entirely true. The increased property values on the South Fork, relative to values on the North Fork, are as responsible for the increased traffic here as are the restaurants, marinas, farmstands and wineries. The best way to reduce winery traffic here is to encourage sophisticated consumers who appreciate the nuances of our wines and other premium agricultural products to visit and buy. On-premise tasting in an attractive setting is an important factor in encouraging devoted, .spending customers rather than party-seeking tourists. Louisa Hargrave 631-727-6210 1, MAY 032017 U �Y® 104 LAW OFFICES WICKHAM,BRESSLER& GEASA,P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awickham@wbglawyers.com May 3, 2017 Southold Town Zoning Board of Appeals 54375 Main Road P.O. Box 1179 Southold,NY 11971 Re: Mattebella Vineyards—Appeal No. 7041 Ladies/Gentlemen: Given the amount of material in this application and the hearing-continuations; I have set out a summary of the variance applications, attached, for-your convenience in reviewing the application. Please consider this as an addition to, and not in substitution of,the complete record. Thank you for your consideration. Vemy you s,t, / Abigail A. Wickham AAW/em MATTEBELLA VINEYARDS ZBA APPEAL 47041 1. Variance for insufficient setback: A. No undesirable change: -Follows historical layout of buildings on premises around the perimeter -Allows more open area near the preserved vineyard land -The non-compliant buildings are very small, individually and in the aggregate -The neighbor affected by Building 14 has signed a letterthat he has no objection -The parcel is in a mixed residential/commercial neighborhood. There are as many commercial uses as residences in the immediate neighborhood. -Buildings 3, 5 and 9, which are 3 of the requested variances, are in their original pre-zoning location. Applicant has agreed to move Building 8, also pre-existing, in mitigation. -Accessory buildings on nearby properties are also very close to property line -Farm sheds 7 a M ill be removed from parcel 15.1, in mitigation. -New building 2, 4 d 6, and original buildings 3, 5 and 9, help shield adjoining Derelict and unsafe property -Location and dispersal of small buildings creates a more attractive, farm-like and manageable arrangement for customer seating and leaves larger open areas than most winery/tasting rooms..Buildings-are located and designed_to,facilitate winery and tasting room operations. B. Benefit cannot be achieved otherwise: -Buildings 3, 5 and 9 cannot readily be moved due to foundations and age. -Applicant has been unsuccessful in efforts to purchase property to South to alleviate the problems it creates -Parcel was carved out from development rights sale in 1986 and cannot be expanded C. Requested relief not substantial: -It is not a "substantial' deviation from the Code—substantial is to be considered in relation to the overall impact of the deviation, not on a strictly arithmatic basis computed by number of variances or the linear amount of each. -Size of each building, and aggregate square footage of all, is modest; total lot coverage is tinder 4% D. No adverse impact on neighborhood: -Neighboring properties have similar accessory building setbacks -Neighboring properties are commercial and/or derelict -Tasting room impact on neighbors is limited by seasonality of business, screening, and distances from neighbors. -See additional reasons in responses to other factors. E. No self-created hardship. -Buildings 3, 5 and 9 are in original location -Buildings 2, 3,4, 5, 6, and 9 help shield view of derelict property to South 1 2. Variance for insufficient area for two uses: A. No undesirable change -Comparable small wineries on smaller parcels, and larger wineries on smaller parcels, have not experienced issues of over-usage; reference Wineries Chart attached. Hence, the proposed uses on this parcel should not be anticipated to create any.adverse issues arising from a 16%reduction in required density. -Parcel is located on a major road, with no traffic visibility or intersection issues, and with two separate frontages -Winery operation is modest with primarily outdoor seasonal use for tasting room. Outdoor seating shown is not all used at the same time, even during peak periods, as the customers sit in the shaded areas and avoid the sunny areas, as the sun moves across the property. -No busses will be allowed except by pre-reservation for a pre_determined itinerary related to the vineyard experience. Provision for vehicular turn around will be provided in connection with site plan "review. Limousines will be admitted by reservation only. -The Planning Board's negative recommendation is inappropriate for the reasons set forth in AAW letter to ZBA dated 5, 2017. B. Benefit cannot be achieved otherwise: -If applicant cannot have a tasting room, its ability to sell its wine will be severely hampered, resulting in a huge financial hardship. The property was purchased in 2005 with the full expectation that the winery/tasting room use was allowable in addition to the residence. If the residential use is lost, this would be a lost in value of approximately $300,000.00, assuming a comparable residence can be located for`that price, not a likely possibility on the North Fork. C. Requested relief not substantial: -Parcel size is substantially compliant: 16% of required area -Town has not applied the double density requirement until the Southold Farm and Cellars case, which has been distinguished from this case as significantly smaller and with an independent history from the adjoining vineyard. -Not a"substantial" deviation from the Code—substantial is to be considered in relation to the overall impact of the deviation, not on a strictly mathematical basis. D. No adverse impact on neighborhood: -Parcel configuration allows ample room for parking and other amenities -Parcel is relatively flat with ample room for parking and maneuvering; parking area on east side is main parking area for winery/tasting room, with least impact on neighbors -Owner employs parking attendant and reservation system on peak periods to control parking and volume of visitors -See additional reasons in responses to other factors. E. No self-created hardship -Parcel was created in 1986 when the area was sufficient for two uses 2 �p� 1 -Parcel had recent site plan approval for significantly larger winery with no requirement of this variance; Building Dept's Notice of Disapproval did not raise the issue. Additional Facts: -Please refer to original Application, Supplemental Application, hearing testimony, and correspondence for further detail -Approximately 1/3 of the wine from the applicant's vineyard is made on site. The proposed winery building will enable consolidation of the existing on-farm wine making; the remainder of the wine making is conducted off site due to financial reasons: the cost of a full scale winery is prohibitive. -Applicant is a licensed NYS Farm Winery. Note: Supplemental Application Paragraph 2 contains an incorrect statement. It should read: 2. "The development rights to the farm were sold by a predecessor in title in 1986, ...." [not 1997], 3 Mattebella Vineyards ZBA Appeal No. 7041 May 4, 2017 Wineries with limited space of operations in AC Zone: Mame Location Approval Area ]Facilities Bridge Vineyards Oregon Rd 2011 .92 acres 5,569 sf tasting Cutchogue 28 spaces Shinn Estate Oregon Rd 2010 1.2 acres 2 sty house, B&B Mattituck 2,000 sf tasting/wine Making building 2730 wine storage blg Duck Walk N Main Rd. 2006 2.6 acres 7600 sf tasting room Peconic 38 spaces+31 overflow 75-1-2.7 Corey Creek Main Rd 1997 2 acres 1300 sf tasting room Peconic11300.sf basement 75-6-9.6 12 spaces Bedell Cellars Main Road 1996 2.69 acres 5100,sf winery Peconic 1600 sf house 97-1-25.1 28 spaces Lenz Main Road 1978 2.29 acres Winery Peconic Residence 85-2-17.1 The above wineries have been operating, many for years, with significantly smaller parcels than Mattebella. The addition of a small winery to Mattebella's residential parcel on a 3.5 acre parcel should not create any concern as to inadequate area. It is a much larger parcel than any of these parcels, and proposes a much smaller winery and residence. i VAQrvt6� , LAW OFFICES WICKHAM,BRESSLER& GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awickham@wbglawyers.com ��D April 5, 2017 ®11 Southold Town Zoning Board of Appeals 54375 Main Road P.O. Box 1179 �'®® Southold,NY 11971 Re: Mattebella Vineyards—Appeal No. 7041 Ladies/Gentlemen: This is in response to the Planning Board's Memorandum to you dated March 29, 2017 recommending-denial of the variance applications. We believe the grounds expressed-for,their negative recommendation are incorrect for the following reasons: I. The recommendation to deny the variance for two uses because it does not comply with code belies the purpose of the ZBA to consider and if appropriate, grant variances from the code. 2. Applicant submits that the size of the parcel will not result in the difficulties the Planning Board has encountered with wineries on small parcels for two reasons. First, the difficulties "encountered" are not specified. Secondly, the house on this parcel is small and is located to one side of the property, leaving most of the 3%2 acre parcel for'winery uses. There is ample,room for parking, and in fact the perimeter location of the small sheds for which a variance is sought, several of which are in the same location as prior to zoning, create more room for parking and maneuverability. The buildings, both individually and in the aggregate, are very small and constitute a fraction of permissible lot coverage. 3. The need for an update to the Town Code is not a legitimate reason to deny a variance for an ongoing project. To do so would constitute a de facto moratorium, which is illegal and as to wineries, an act the Town Board has recently refused to consider. 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L '.�\e`. �`. .p .��:, �"` ^a, .<} �A...3t.ti 'v`, :�� 2.\\\,;\, .`>`. `:.,�`<\`,•„�� .s\`�\\�x.<.>;a�\\\\4,a� . �y\w?s�i<,��\\�<....�c @3.' .�`a t \�<':`�:�.<,...�•\ri^'�•`\":p<,a.� �'dD3:� �'e, <�' `��,,,�•rt'u•,:p,,�a �,�.u:�`..".,<..x ..��`3\\\\ "�\`S.��\ � ����`�\,��F� y`\`�c: ��\\�\�^�.'v'�o\\\\\\\�Y.,'�,�,0.\,\..-;:\�. < L-\ LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awickham@wbglawyers.com April 20, 2017 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: Property owned by Mattebella Vineyards Holding Company, LLC d/b/a Mattebella Vineyards Appeal No. 7041 Premises: 46005 Main Road, Southold,New York 11971 SCTM# 1000-51-2-15.1 (Farm 15.2) Ladies and Gentlemen: Per your request, we enclose a revised chart which lists by building number the structures on the property, both those for which a variance is sought, and those for which none is required. Having been created by the sale of the development rights in 1986, at a time when the Code allowed both residential and agricultural, including winery, structures to exist on the same lot without a separate density computation for each use, this is a non-conforming lot and the applicant should be allowed to have both uses on it. To penalize the owner now for a subsequent code provision that was not enforced until 2016 is not fair, particularly where this lot is close to the size now required. We note that in the original Notice of Disapproval in this matter,the Building Inspector did not even raise the issue. The applicant did attempt to purchase the adjoining Gorman property to the South within the past few years, which would eliminate the need for most of the variances. The owner was unable to agree to a sale due to the restrictions of his financing arrangement. The applicant is agreeable the following in mitigation: 1. Farm sheds 7 and 8 will be removed from parcel 15.1. 2. No busses will be allowed except by pre-reservation for a pre-determined itinerary related to the vineyard experience. The method of operation employed by Mattebella is for a small scale, high end winery and vineyard experience. It is easily accommodated within the 3.5 acre parcel. There have been no traffic issues, no noise issues, and no other concerns arising from its operation, and the area reduction is not substantial and is not a detriment to the - neighborhood. The applicant does not allow bus traffic except on a rare occasion should a private event request access by bus. It is not otherwise conducive to their business model. Further, their hours do not extend into the evening and are limited by the outdoor predominance of their operation. However, they are concerned about having restrictions imposed on their use beyond those of other operations. To limit the winery's operation beyond those of others will devalue the viability of the winery and restrict the ability of the applicant's children to sell the business years from now. The other local wineries have not, until Meador, been subject to the 80,000 per use restriction, and that decision has been contrasted as having no similarity to this application. As stated above, the applicant is willing to agree that no buses will be allowed except by prior reservation for a pre-determined itinerary. For example, a group of graduate business students has been allowed to tour the vineyard and learn about the farming and winery operation, with tasting and ultimate purchase of wine. Their preference is to severely limit bus visits, but on occasion the inquiry may fit into their marketing plan, depending on the group who comes and the purpose of their visit, so they do not want to preclude it or get involved in difficult definitional issues. They expect it will only happen rarely. The applicant has advised that a farm storage building to house their equipment will be planned over the next few years, finances permitting, to accommodate farm equipment storage and related farm uses. There are no specific plans at this point as they must focus their finances on their farming and winery operations. The building will most likely be located in the northwest section of Tax Lot 15.1, and will allow the removal of farm shed no. 13 on the map. If the Board prefers that we now show a proposed location,we can do SO. We will provide a revised survey showing the removal of Sheds 7 and 8. Please advise if there is any additional information you would like us to submit. Very t ly yours, 'AjGam" W -, AAW/dm Abigail A. Wickham end 30/shdzbaappmatte bella Schedule B Mattebella Vineyards#7041 Building Chart Building# Size Setback/Reg'd Original Use Proposed Use Utilities. etc. Variance 1 1050 sf N/A Residence Residence Water, Electric Pre-zoning *2 99 sf 0725' New Residential storage Electric *3 491 sf 7.3720' Farm shop/gar Winery production Water supply Pre-zoning Barrel/Case Elec. on slab Outdoor tanks *4 98 sf 2720' New Case storage shed No installed util. *5 232 sf 1720' Farm office/shop Tasting room Electricity Pre-zoning Foundation *6 79.05 sf 6.2720' New Winery storage and No installed util. tasting room supplies 7, 8 TO BE REMOVED *9 363 sf 6.1'/20' Farm barn/garage Farm barn/garage No installed util. Pre-zoning 10 103 sf N/A Water Tower Same None Pre-zoning 11 169 sf N/A Farm Office Same Electric Pre-zoning 12 224 sf N/A N/A Unattached deck on ground None 13 97 sf N/A Farm Storage Farm storage None *14 401 sf 3.7720' New Office/winery storage Electric 64 sf loft 15 100 sf N/A New Anchored Deck None 16 100 sf N/A New Anchored Deck None 17, 18, 19 50 sf each N/A New 3 bocci sheds None 20, 21 100 sf each N/A Proposed Pergola/Sheds None 22 200 sf N/A Proposed Proposed horse stable None 23 875 sf N/A Proposed Proposed winery New Water& Elec. Ei ® °r9 e1\y G°1i,P (t ° ooh AS N�°°�e\oP j 16�bfi s�j 0 0 W. • `mel\•je� �� r °��ya ,'\ oW °IG• �SC C y`°S ..� ad oo DoE • d ah g� Edi=� Q r+'+rj°'� '�•+ ` let O�� +�++.eA p},> �� d ,'' �• �,�fy.. A �O� ,f.°''ham 1 t e .w• `+ ' y@•�iT. .. \ "`Y >� A��::a•� _ \OO 'Y`" ,`tea ` L ` ae 90 'P .o• .�6C baa .A° ;ate,. '� �� o<GOt o. o i ¢ LE' ) " f zs�� �'13s sulD*ro F 1>fSoiPD01 AREA cs � 1 •o ,4 ,•rOy '�,,,1 •�e`•F�J © RESIDENCE 1,050 S.F. rfi o. , O STCRACE RE90CNPAL 90 SJ. v, c.RAct,wNLPY k StC4AtE A01 sc. 'fes ,.�/J• O WANE STORAGE SNE11 SIE SJ. °,A D' D+zQ+s�J` •y+ a �E,y ta.y+S��f.i g;.�/[j",\ s''i O 91E0 Fol iA$IWe Row 733 sr. ,\ (,�oe�GO FARM STOUCE •;ia ss. gol cryo ��° i/� I O FARY SSfAACE I.V". ;p�1�'�j "7 =V'{,,,���qy��,LV.✓v JQO p 17iAYE CARACE,$folAQ o,•d•'+ L_ NAIEA 7°riiP k MrELL ENCLOSURE 103 S.F. • \� 251 ® +•,C+ {`rr'�.��/—"'.�I��l �l q n FMu 910A.oMcE 169 sc. OEIX OI OROVND.UNATTACHED 221 SF. l� 1� FARY S.TCQACE sT$F. C: 1A iAAY GS10:.NO RAT1,0R MiEHF!! .DI SC. Mattebella Vineyards 46005 Main Road �� Southold, NY 11971 ,„ v1 April 20, 2017 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: Property owned by Mattebella Vineyards Holding Company, LLC d/b/a Mattebella Vineyards Appeal No. 7041 Premises: 46005 Main Road, Southold, New York 11971 SCTM# 1000-51-2-15.1 (Farm 15.2) Ladies and Gentlemen: My husband,Mark Tobin, and I are the owners of Mattebella Vineyards. Approximately five years ago, and periodically thereafter, I approached William Gorman, the owner of tax lot 14, adjoining our property to the south, regarding a purchase of the property. This would give us the ability to clean up the property, eliminate the setback variances along our common boundary tine, and give us a larger and better configured parcel to work with. While he was not adverse to selling, he said he was unable to do so because of financial arrangements he had with his lenders. He did not give any indication that that situation would change at any time in the foreseeable future. Therefore, while we did make that effort, it was not successful. Thank you for your consideration ofour variance application. Very truly yours, a-- —I–L--- Christine Ferrari Tobin LAW OFFICES WICKHAM, BRESSLER & GEASA,P.C. 13015 MAIN ROAD, P 0.BOX 1424 MATTITUCK,LONG ISLAND ERIC J BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A WICKHAM D � � y� JANET GEASA 631-298-8353 T V D TELEFAX NO 631-298-8565 n PR 0 4 2017 awickham@wbglawyers.com d� / April 4, 2017 BY: Ly------ Southold Town Zoning Board of Appeals 54375 Main Road P.O. Box 1179 Southold,NY 11971 Re: Mattebella Vineyards—Appeal No. 7041 Ladies/Gentlemen: Enclosed in 9 sets are the Amended Notice of Disapproval dated January 27, 2017 requiring an additional variance from the 80,000 square foot per use requirement, and a Supplemental Application addressing this item only. Please add this Supplemental Application to the original Application previously submitted. We also enclose a side by side comparison of your Southold Farm& Cellar(SFC) ZBA decision#6861 with this application. This comparison illustrates that the two applications are not remotely similar. The grave concerns expressed by the ZBA in the SFC application do not apply to Mattebella. The Mattebella parcel is significantly larger, only 16% under 160,000 sq. ft., has ample room for parking and buffers, is located directly on the Main Road in a mixed-use neighborhood, and is the Reserved Parcel that was held out in 1986 on the sale of development rights to the rest of the farm. Unlike the SFC parcel,the reserved parcel pertaining to this application has not been subdivided from the agricultural land from which development rights were sold. Further, a much larger winery, Silver Nail Vineyards, was conditionally approved for this parcel by the Planning Board in 2006, and no area variance for number of uses was required. The applicant did not pursue building the large scale winery of almost 5500 square feet for financial reasons. Thank you for your consideration. Yruly yours, ) �1 it A. is a AAW/em f FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N Y. NOTICE OF DISAPPROVAL DATE. November 16,2016 AMENDED:January 27,2017 TO: Gail Wickham (Mattebella Vineyard) PO Box 1424 Mattituck,NY 11952 Please take notice that your request dated October 14,2016 For permit to legalize fifteen (15)"as built"residential and winery-related agricultural buildings at Location of property: 46005 Main Road, Southold,NY County Tax Map No. 1000—Section 75 Block 2 Lot 15.1 & 15.2 Is returned herewith and disapproved on the following grounds: The"as built"construction is not permitted pursuant to Article III,Section 280-14,which states,"No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C,R-80,R-120,R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Scheduler 11 incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk Schedule requires a mmimum side yard setback of 20 feet and a minimum rear yard setback of 75 feet. Building#3 notes a side yard setback of 10 feet. Building#4 notes a side yard setback of+/-2 feet. Building#5 notes a side yard setback of 1 foot Building#6 notes a side yard setback of 6.2 feet. Building 49 notes a side yard setback of 6.1 feet. Building#14 notes a rear yard setback of+/-3.7 feet. Furthermore Building#2(residential accessory)is not permitted pursuant to Article III, Section 280-15,which states that on parcels of 80,000 square feet or more,a minimum side yard setback of 25 feet is required. Building#2 is noted as having a 0' setback. Furthermore,bulk schedule requires 80,000 square feet per use in the AC Zone.There are two uses,winery and residence on parcel 15.1,which measures 3.20 acres. In addition,the project requires site plan approval from the Southold Town Planning Board. This Notice ofDisapproval was amended on Januaty 27 2017 to add omi ---- =---------------- ------------- Authorized Signature Cc: File,ZBA,planning Fee: $ Filed By: Assignment No. SUPPLEMENTAL APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE (Supplementing Application dated Jan. 13, 2017) House No. 46005 Street Main Road Hamlet Southold (winery parcel) SCTM 1000 Section 75 Block 2 Lot(s) 15.1 Lot Size 134,246 sq ft Zone AC Note: Adjoining Vineyard/Farm Lot 15.2 (Dev Rts. Sold) is a part of the overall property, 18.4 a. I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED November 16, 2016 BASED ON SURVEY/SITE PLAN DATED October 11, 2016, revised December 22, 2016 (no relevant change per Building Dept.) and amended Jan 27, 2017. Applicants)/Owner(s): Mattebella Vineyards Holding Company, LLC dba Mattebella Vineyards Mailing Address: 46005 Main Road, Southold,NY 11971 Telephone: (631) 655-9554 Fax: Email: mattebella@icloud.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Abigail A. Wickham for (X) Owner()Other: Address: PO Box 1424 13015 Main Road, Mattituck,NY 11952 Telephone: 631-298-8353 Fax: 631-298-8565 Email: awickham@wb lg awyers.com Please check to specify who you wish correspondence to be mailed to,from the above names: () Applicant/Owner(s), (X) Authorized Representative, () Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED October 11 2016 replaced by survey dated December 22, 2016 and DENIED AN APPLICATION DATED October 14, 2016 FOR: (X) Building Permit () Certificate of Occupancy () Pre-Certificate of Occupancy () Change of Use (X) Permit for As-Built Construction () Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Bulk Schedule pursuant to Article: III Section: 280-14 Subsection: Type of Appeal. An Appeal is made for: (x) A Variance to the Zoning Code or Zoning Map. () A Variance due to lack of access required by New York Town Law- Section 280-A. () Interpretation of the Town Code, Article Section 0 Reversal or Other: A prior appeal () has, (X) has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). (Please be sure to research before completing this question or call our office for assistance) 1 Name of Owner: ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets ma),be used with preparers signature notarized): INTRODUCTION. For many years, the Town of Southold allowed residential and agricultural uses to co- exist as part of the same area, and did not aggregate the area of the two uses for Bulk Schedule purposes. The Town also recognized a winery use as part of the agricultural use of a parcel under Section 280-14. Consequently, it was common when development rights to a farm were sold to hold out 80,000 square feet or more to accommodate future residential and agricultural uses on the reserved parcel. 80,000 square feet was regarded as sufficient under the Code to allow both the residence and farming operation uses. Many property owners did reserve larger areas for convenience of having room for both uses, but it was personal preference, not a requirement. Further, based on my practice in the Town zoning field, and on discussions with the Building Department, the 80,000 square foot per use for residence and winery was not implemented until this Board wrote the Southold Farms and Cellars decision last year. The Mattebella parcel, which was reserved from a development rights sale to the Town of Southold in 1986, contains 134,246 square feet. We submit that this variance for two uses on 134,256 square feet should be granted because: -this parcel was held at a time when the Code and Town practice allowed residential and agricultural uses to "overlap" for area purposes, -a large winery was approved for this site in 2006, when the current owners purchased the property, and at a time when the residence existed, -the Town only recently implemented the 160,000 square foot requirement for residential and winery use, and -this parcel is not significantly less than the Code requirement, being 84% per cent thereof. Reasons for Appeal: The variance for a residential and a winery use on this parcel should be allowed for the reasons set forth below: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: -There are few residences nearby. There are none to the North, one to the East (Pellegrini), one to the Southwest (excluding the derelict buildings to the South), and one across the Main Road, and one to the West (Jerome). -The property was previously used as the center of an active farming operation, with its attendant noise, dust, large trucks and vehicles, and other attributes of farming in the barn and farmyard. -The scale of the proposed winery and the existing tasting room and winery is very modest, and there is ample parking on site. -The parcel is bounded on the south by a commercial building and two derelict residences; and near the southwest,two additional retail businesses, which are non- conforming but have operated in the neighborhood for decades. -The winery and tasting room operation is not readily visible from the Main Road. 2 4-70H I -The property was previously used as an active farming operation, with its attendant noise, dust, large trucks and vehicles, and other attributes of farming. -The scale of the proposed winery and the existing tasting room and winery is very modest, and there is ample parking on site. -The parcel is bounded on the south by a commercial building and two derelict residences; and near the southwest, two additional retail businesses, which are non- conforming but have operated in the neighborhood for decades. -The winery and tasting room operation is not readily visible from the Main Road. -The parcel is located on a major road,NYS Route 25, with generous shoulders, on a straight section of roadway. Eastbound traffic turning left has clear visibility of oncoming westbound traffic, and can be safely passed on the right by oncoming eastbound traffic. -The Zoning Code specifically permits wineries on this parcel, in the AC zone. -The applicant monitors its visitor traffic carefully. It employs a parking attendant during peak periods to limit the number of visitors to those that can be properly accommodated and to make sure that only those cars it can park properly on site are admitted, and are parked correctly. It requires prior reservations for parties of 6 or more, and does not allow limousines except by prior reservation. Buses are not allowed. Reservations are by phone only, not online, and callers are screened to ascertain the interest in wine appreciation. The objective is to give visitors a wine and vineyard experience, not a drinking event. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The development rights to the farm were sold by a predecessor in title in 1986, reserving the parcel now identified as 15.1. The applicant purchased the premises in 2005 at a time when a winery had been approved for the parcel. A copy of the Silver Nail Vineyard conditional final approval and map are attached. The area of the development rights parcel cannot be used or changed. 3. The amount of relief requested is not substantial because: The proposed area reduction is 16% below the required 160,000 sq. ft. The combined square footage of the winery related buildings is only 1,276 sq ft. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The amount of relief requested is not substantial. No expansion of existing tasting room facilities is proposed, only additional production space. The applicant has not been been the subject of neighborhood complaints. The operation is very seasonal, and the number of visitors is appropriate to what the property can handle without creating traffic, noise, or other types of disturbances. The largest attendance is by prior invitation and reservation through the applicant's wine club, which is scheduled during typically slower periods. There is not an active events business being conducted, and music is at low volume and not usually live. There is ample parking on site, and the seating is primarily outdoors, which significantly limits the duration of the visitor attendance to clement weather periods. The winery is not open late in the evenings. 3 This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. xv, A ig/ ' A. Wickham, agent Sworn to before me April 4, 2017 'U"",'Cc'y�"LL " Notary Public THERESA C. DESCHAMPS Notary Public, State of New York No. 01 DE6155687 Qualified in Suffolk County Commission Expires November 13,20L9 4 MAILING ADDRESS: PLANNING BOARD MEMB)N®kQF SQ(J� P.O.Box 1179 JERILYN B.WOODHOUSE Q�� y�lO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS cia ac Town Hall Annex KENNETH L.EDWARDS G �� 54375 State Route 25 MARTIN H.SIDOR �O GEORGE D.SOLOMON (cor.Main Rd.&Youngs Ave.) '�Caux l Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 12, 2005 Mr. Thomas Samuels Samuels & Steelman Architects 25235 Main Road Cutchogue, NY 11935 Re: Proposed Site Plan for Silver Nail Vineyards Located n/s/o NY State Route 25, approximately 3,612' east of Peconic Lane, in Southold SCTM#1000-75-2-15.1 & 15.2 Zone: AC, Agricultural-Conservation District Dear Mr. Samuels: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, July 11, 2004: The final public hearing was closed. WHEREAS, the proposed site plan, to be known as the site plan for Silver Nail Vineyards for a new winery building of 5,477 sq. ft. on a 21.5019 acre parcel located in the A-C Zone; and WHEREAS, Walter E. Silbemagel is the owner of the property known and designated as n/s/o NY State Route 25, approximately 3,612' east of Peconic Lane, in Southold, SCTM#1000-75-2-15.1 & 15.2; and WHEREAS, on April 15, 2003, a formal application for approval of this site plan was submitted; and WHEREAS, on July 15, 2003, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5, performed a review of this unlisted action, and as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on July 7, 2003, the Southold Fire District responded, after review of the site plan, and found that there is adequate fire protection; and t Silver Nails Vineyard —Page Two— 7/12/05 WHEREAS, on October 7, 2003, the NYS DOT approved the application under Case Number 03-138P pending a bond amount of$15,000.00; and WHEREAS, a formal application, known as Reference Number C10-03-0007, was submitted to the Suffolk County Health Department for review and is still pending approval as applied; and WHEREAS, on January 28, 2004, the Town Engineer reviewed and approved the site plan and the Planning Board has accepted his recommendation for approval; and WHEREAS, on January 29, 2004, the Architectural Review Committee reviewed and approved the proposed site plan application as submitted; and WHEREAS, on February 4, 2004, the Southold Town Building Inspector reviewed and certified the site plan; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following three items are incorporated and included in the site plan: 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet the Town Code requirements. 2. All signs shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector. 3. The site plan approval does not include any site disturbance, including excavations or re-grading of this site other than the items that are shown on the grading and drainage plan; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the site plan prepared by Samuels and Steelman, Architects, dated June 6, 2003 and last revised September 22, 2003, subject to fulfillment of the following conditions; 1. The execution of the Declaration of Covenants and Restrictions attached hereto as Exhibit A, filed and recorded in the Suffolk County Office of the Clerk. A receipted filed copy must be delivered to the Planning Department. - -- �0� Silver Nails Vineyard — Page Three—7/12/05 2. The applicant must receive approval from Suffolk County Department of Health Services for the proposed site plan and submit a copy of such approval to the Planning Department. In the event the approval differs from the approved site plan, the applicantlowner agrees to further review by the Town and if required an open public hearing. 3. Issuance of a Work Permit from the New York State Department of Transportation, submitted to the Planning Department. These requirements must be met within six (6) months of the resolution. Failure to adhere to these requirements within the prescribed time period will render this approval null and void. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Building Department Town Engineer slur ATk I000.73-24M 1EEo-7t244 PROPERTY: A009ess "Vy 11171 OWNER. SURVEYOR WrAN SOUiiOLD•NEWYORK 11011 3S' 44—/ L PO DAM Jums"I sm C Ii EOL: TOTAW ZO. 31�O ARE& 13=MAIAO FOR MOMIM WILMO: &Ail MVELOMEgr 500 YAJ AM EmTwG R�r1 I I STORAOE SH M FT. NEW R 'm A., 5-2%AMALI-A U"�IAMZ SIDE YARD 1- a PARKING CALCULATIONS T"TTW Rp� 54 0 1 PEX NO%P, 41111AI 01flee AREA, P.0 1 PEA 1.BY, SPACE " ---------------- W— ---------- TAWROOPO 3F.OIPERI60O&Fr iosamu ao"ML IsToRploa.113"a. m"mw EVE 1 < a'PM M SPACER TOTAL.0 MMMD w 20 ZPACM TWCK PARMO MO LOQX,O LimmoAREA IPROVKYPD11REDUOIID BUILDA13LEAREALu Os dUILOAHLEAR -- ------------- ....... -W" f- ---------- ------------ - R' 5100 YARD v z ul 5,7,� LOCATION MAO --------------r I �� ORAWNCY. vr MAIN ROAD-(NYS ROUTE'55) CHMMDMI TO We sCAAE;,-.3O-.r OnerTrim. 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J ... .J . ...,. ..... .. ..... �t:?.-.� ...fiG4--..•��.. . .r ... s.. . ,. a „- s ..,.. - - ..✓ « e_.,..., ..n _ r-'+tif `) Mattebella Vineyards Application for Site Plan Comparison w/Southold Farms and Cellars Variance Decision Southold Farms and Cellars ZBA Appeal 6861 Mattebella ZBA Appeal No 7041 Reason for Variance: Less than 80,000 sf per use Side/rear setbacks; less than 80,000 sf per use Nonconforming 45,512 sf parcel with residence Conforming 134,246 sf parcel with residence; property is 84%of required size Residence &winery use make area insufficient Only winery use makes area insufficient Frontage on Old North Road— Frontage on Main Road at two points Not a "major road"'; narrow local street; 20 Not applicable:A major road", paved for full foot paved width, no shoulders for parking; width and full shoulders to accommodate shoulders contain large trees and landscaping; near curve and 3-way intersection; access from passing around turning vehicles; along straight section of road; relatively few houses nearby; major road over local streets for long distance Route from major road contains 25 residences Not applicable;4 residences near property, 2 on local streets are on Main Road; Parcel was an independent parcel, separate Parcel was reserved from development rights from farm, and not part of development rights sale in 1986, at a time when 80,000 sf.was sale reserve area deemed sufficient by the Town to accommodate a winery and residential use. Reasons for ZBA Denial of Variance: 1. Undesirable change to neighborhood Local narrow street Not applicable Landscaped shoulders in road rt of way Not applicable No striping or curbing on road Not applicable Access through local streets Not applicable Increase vehicle traffic on local sts Not applicable Affects many nearby residences Only 4 nearby,two of which are on Main Rd Would create mixed use parcel not Several commercial parcels in the immediate characteristic of neighborhood area, including retail 2. Other method of obtaining relief Able to process from off-site facility This could apply to any vineyard parcel seeking a winery 3. Substantial mathematical relief: 71% reduction in required area; increasing an Significantly less: 16%; parcel is not non- conforming for one use: well over 80,000 sf already non-conforming parcel (45,512 sf 4.Adverse impact on physical or environmental conditions in neighborhood. No room on lot for Not applicable buffers or sufficient on-site parking i Mattebella Comparison Page 2 5. Self created hardship—zoning code was in Not applicable—this parcel was reserved from a effect development rights sale years ago; a much larger winery was approved for this site by Silbernagel; applicant had no reason to believe that this site was not sufficient to accommodate both uses, particularly since the Town has approved many wineries on less than 4 acre parcels for decades. Other differences: All buildings except the proposed winery are Three full size buildings (house,tasting room small, many under 100 sq ft, and distributed and winery, only one of which (residence) through-out the property in an unimposing previously existed manner, in a similar pattern to adjoining properties. Many are pre-existing from the former farm use; all are of a relatively low height except the very small 2 story farm office #0002054690 � ; STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is 4,printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 04/27/2017 rz�4 Principal Clerk WSworn to before me this day of / ISTINLVNSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06106050 Qualified In Suffolk County My COMM11glan 1901te9 Fe®ruery 28,2020 TYPESET Mon Apr 24 15 22 27 EDT 2017 2450 Jackson Street (AKA 265 Second 54375 Main Road(Office Location) 42117 LEGAL NOTICE Street), New Suffolk , NY. SCTM#1000- 53095 Main Road(Mailing/USPS) SOUTHOLD TOWN ZONING 117-10-21. PO Box 1179 BOARD OF APPEALS 11:00 A.M - SANDRA PAGANO/27 Southold,NY 11971-0959 THURSDAY,May 4,2017 BAY AVE., LLC #7057 - Request for a 2054690 PUBLIC HEARINGS Variance from Article XXIH, Section NOTICE IS HEREBY GIVEN,pursuantto 280-124 and the Building Inspector's Jan- Section 267 of the Town Law and Town Code uary 18,2017 Notice of Disapproval based Chapter 280(Zoning),Town of Southold,the on an application for a permit to legalize following public hearings will be held by the "as built"additions and alterations to an SOUTHOLD TOWN ZONING BOARD OF existing single family dwelling,at: 1)less APPEALS at the Town Hall, 53095 Main than the code required minimum side yard Road,PO. Box 1179, Southold, New York setback of 10 feet;at:7185 Great Peconic 11971-0959.on THURSDAY,May 4,2017. Bay Boulevard,Laurel,NY.SCTM#1000- 9:30 A.M. -SUZANNE S. COLEMAN 126-10-12.1. #6688—(Adj.from February 20,2014)Re- 11:15 A.M.-PETROS KOUGENTAKIS quest for Variances from Article III Code #7049SE-Applicants request a Special Ex- Section 280-15 and March 8,2017 Notice of ception under Article IH Section 280- Disapproval based on an application for 13B(14). The Applicant is the owner re- building permits for the construction of an questing authorization to establish an "as built"in-ground swimming pool and to Accessory Bed and Breakfast, accessory legalize an "as built" gazebo, at; 1) "as and incidental to the residential occupancy built"in-ground swimming pool in a loca- in this single-family dwelling,with four(4) tion other than the code required rear bedrooms for lodging and serving of yard, 2) "as built" gazebo in a location breakfast to the Bed and Breakfast casual, other than the code required rear yard, transient roomers.Located at:590 Wind- located at:No#Montauk Avenue,Fisher's ward Road,Orient,NY.S CTM#1000-14-2- Island,NY.SCTM#1000-9-2-15. 30.5. 9:50 A.M. -BONNIE AND STEPHEN 1:00 P.M.-CROTEAUX VINEYARDS STRETZ#7048-Request for a Variance #7013 —(Adjourned from April 6, 2017) under Article XXIII,Section 280-124 and Request for Variance(s)under Article III, the Building Inspector's January 30,2017 Section 280-13A(4) and the Building In- Notice of Disapproval based on an applica- spector's October 7,2016,Amended No- tion for a permit to construct additions and vember 2,2016 Notice of Disapproval to alterations to a single family dwelling,at: legalize an"as built"winery and tasting 1) less than the code required minimum room,at:1)winery and tasting room faclli- total combined side yard setback of 25 feet; ties located on a parcel less than the code at: 2975 Minnehaha Blvd, Southold,NY, required minimum of at least 10 acres de- SCTM#1000-87-3-33. voted to vineyard or other agricultural 10:00 A.M. ARTHUR PICCHIONE purposes,located at: 1450 South Harbor #7052-Request for a Variance under Arti- Road, Southold, NY. SCTM#1000-75-7- cle XXIII, Section 280-124 and the 1.4. Building Inspector's February 14, 2017 1:30 A.M. - MATTE,BELLA VINE- Notice of Disapproval based on an applica- YARDS#7041—(Adjourned from April 20, tion for a permit to legalize an"as-built" 2017)Request for Variances under Article deck addition to an existing single family III,Section 280-14 and Section 280-15,and dwelling,at:1)less than the code required the Building Inspector's November 16, minimum rear yard setback of 50 feet;at: 2016,Amended January 27,2017 Notice of 830 Eastwood Drive, Cutchogue, NY. Disapproval based on an application for SCTM#1000-110-3-10. permits to legalize seven(7)"as built"resi- 10:15 A.M. - ELIZABETH BRANCH dential and agricultural related buildings, #7010—(Adjourned from March 2,2017) and to allow both residential and winery Request for a Variance under Article III, uses upon a 134,246 sq.ft.developable por- Section 280-13C and the Building Inspec- tion of a parcel at:1)building nos.3,4,5,6, tor's September 19,2016,Notice of Disap- 9 and 14 are located less than the code proval based on an application for a permit required side yard minimum setback of 20 to demolish an existing accessory cottage feet;2)building no.14 is located less than and a building permit to construct a new the rear yard minimum setback of 75 feet; accessory cottage with an expansion at:1) 3)residential accessory structure,building the proposed construction is not a permit- no.2,located less the code required side ted accessory use, at: 5160 Indian Neck yard minimum setback of 25 feet;4)resi- Lane(Adj.to Hog Neck Bay,Little Peconic dential and winery uses upon a single par- Bay),Peconic,NY.SCTM#1000-98-4-23. cel less than the minimum allowed 160,000 10:30 A.M. - 27A NORTH LLC, sq.ft.in total area,at:46005 Main Road, CHRISTOPHER MOHR#7047-Request Southold NY. SCTM#1000-75-2-15.1 & for a Variance under Article XV,Section 15.2. 280-64A and the Building Inspector's Jan- The Board of Appeals will hear all persons nary 30,2017 Notice of Disapproval based or their representatives,desiring to be heard at on an application for a permit to legalize an each hearing,and/or desiring to submit writ- "as built"shed addition and conversion of ten statements before the conclusion of each shed to office space,at:1)located less than hearing. Each hearing will not start earlier the code required 100 feet from the right of than designated above Files are available for way; at: 22155 County Route 48, Cut- review during regular business hours and chogue,NY.SCTM#1000-96-1-20.1. prior to the day of the hearing If you have 10:45 A.M.-GARY AND ROBIN EN- questions,please contact our office at,(631) NIS#7053-Request for a Variance from 765-1809, or by email KimF@ Article XXIII, Section 280-124 and the southoldtownny gov Building Inspector's February 7,2017 No- Dated.April 20,2017 lice ofDisapproval based on an application ZONING BOARD OF APPEALS for a permit to construct additions and LESLIE KANES WEISMAN, alterations to an existing single family CHAIRPERSON dwelling,at:1)less than the code required BY Kim E Fuentes minimum front yard setback of 35 feet;at: BOARD MEMBERS a $®(/r Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� yQl® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Q Town Annex/First Floor,Capital One Bank George Horning �® ® �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yi°®me� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 6, 2017 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, APRIL 6, 2017: 11:15 A.M. - MATTEBELLA VINEYARDS #7041 - Request for Variances under Article III, Section 280-14 and Section 280-15; and the Building Inspector's November 16, 2016, Amended January 27, 2017 Notice of Disapproval based on an application_for permits to legalize seven (7) "as built" residential and agricultural related buildings, and to allow both residential and winery uses upon a 134,246 sq. ft. developable portion of a parcel at: 1) building nos. 3, 4, 5, 6, 9 and 14 are located less than the code required side yard minimum setback of 20 feet; 2) building no. 14 is located less than the rear yard minimum setback of 75 feet; 3) residential accessory structure, building no. 2, located less the code required side yard minimum setback of 25 feet; 4) residential and winery uses upon a single parcel less than the minimum allowed 160,000 sq. ft. in total area, at: 46005 Main Road, Southold NY. SCTM#1000-75-2-15.1 & 15.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: March 16, 2017 - ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NU' Tlt',. E U' F HEARIi4o, The following application will be heard by the- Southold Town Board of Appeals at Town Hall , 53095., Main Road, Southold: NAME MATTEBELLA VINEYARDS HOLDING CO. , LLC #7041 MAP # 75 .-2- 15 . 7 & 75 .-2- 15 . 2 VARIANCE SETBACKS REQUEST LEGALIZE 7 "AS BUILT" RESIDENTIAL & AG RELATED BLDGS. DATE : THURS , APRIL 6 , 2017 11 : 15 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . % '�? NIN �= BOARD .TOIAIN OF SOUTHOLD 765 - 1809 BOARD MEMBERS QF so Southold Town Hall Leslie Kanes Weisman,Chairperson ®� yQlo 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantesi[ Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �Q �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider lyC®� �1 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS - THURSDAY, APRIL 6, 2017 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, APRIL 6, 2017: 11:15 A.M. - MATTEBELLA VINEYARDS #7041 - Request for Variances under Article III, Section 280-14 and Section 280-15; and the Building Inspector's November 16, 2016, Amended January 27, 2017 Notice of Disapproval based on an application for permits to legalize fifteen (15) "as built" residential and agricultural related buildings, and to allow both residential and winery uses upon a 134,246 sq. ft. developable portion of a parcel at: 1) building nos. 3, 4, 5, 6, 9 and 14 are located less than the code required side yard minimum setback of 20 feet; 2) building no. 14 is located less than the rear yard minimum setback of 75 feet; 3) residential accessory structure, building no. 2, located less the code required side yard minimum setback of 25 feet; 4) residential and winery uses upon a single parcel less than the minimum allowed 160,000 sq. ft. in total area, at: 46005 Main Road, Southold NY. SCTM#1000-75-2-15.1 & 15.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: March 16, 2017 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 il U' Tit'MOE CoF HEA' Rli4o The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095, Main Road , Southold: NAME MATTEBELLA VINEYARDS HOLDING CO . , LLC #7041 MAP # 75 .-2- 75 . 1 ; 75 .-2- 15 . 2 VARIANCE SETBACKS; AG & RESIDENTIAL USE REQUEST LEGALIZE 15 °°AS BUILT" RESIDENTIAL 8 AG RELATED BLDGS. DATE : THURS , APRIL 6 , 2077 11 : 15 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . 70NING BOARD =TnIAIN OF SnUTHOLD 765 - 1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS �J1�a++e�f(rn��heYcc�s �l�f��c� Gc�nnpcQn�,LLQ, (Name of Applicant ) SCTM Parcel # 1000--15-Z- 15. COUNTY OF SUFFOLK STATE OF NEW YORK residing at New York, being duly sworn, deposes and says that: On the Z2 vo day of KAa►c k , 2017, I personally mailed at the United States Post Office in 0 A44-11,c(L ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (K) Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. o ,Fx —, (Si nat e) Sworn to before me this 2-2 N19 day of Y4rUr. , 20 q THERESA C. 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IIIIIIIII IIII III1�II�Ii�IIi II��I III I lilllll III El tp �Sg❑Adult Signature Restricted Delivery 13 Rested MRestricted 9590 9403 0380 5163 6139 99 E3 Certified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Retum Recefptfor ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation- 2_Ai icle Number(Transfer from seivice label—, -'-_.:;❑Insured Mail 1 ❑Signature confirmation ❑Insured Mail Restricted Delivery ' ' Restricted Delivery 015 b6.40 '0007' 8064 0733 (overt500) PS'Forrri 3811,Apri1!201'5 PSN 7530-02-000-9053 I Domestic Return Receipt r 1 0 0 o ® • a • ® Complete items 1,2,and 3. A Signatur Sid ` {,Agent E3■ Print your name and address on the reverse X ddressee so that we can return the card to you. C.D to Delive ■ Attach this card to the back of the mailpiece, B• eceiv d by(P t r1,- Tfbz£Z UVR ry or on the front if space permits. U 1. Article Addressed to: D. Is delivery addres ff6r t from item 17 d es l If YES,enter delive Is bell No Southold Town Clerk ��Cribb � I A;;P.O. Box 1179 l -Southold, NY 11971 I r 3. ServiceiType [3 - i _ I Mail Express@ �I�II9III IIII IIiII III II�iII II�II II II I�III'I ill 13 Adult E3 Adult Signaturee Restricted DEl elivery ❑Registered Mail Restricted 9590 9403 0380 5163 6140 02 ❑Certified Mail@ Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm 2. Article Number(transfer from service labe/1— ,_ z Clnsured Mad ) I ❑signature Confirmation ' i` 'i ( r 1 •`E Restricted Delivery 115-,0 6 4 0`,'0,0 0R.".`5 66, 4'`0 78,8 4! ( ❑Insured Mail Restricted Delivery i (over$500) tic Return Receipt PS Form 3811,`•April'2015 PSN 7530-02=000=9053' Don-. • , ■ Complete items 1,2,and 3. A Signature ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee p 1 ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. D to of D live 1•� { or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes Ms.Brenda Clchanowicz If YES,enter delivery address below: [3 No 2100 Indian Neck Lane 1 Peconic, NY 11958 ' f I i IIIIIIIIIIIIIIIIIIIII IIIIIIIII(I III I III II Illll 3. Service❑dul"S9 Signature re ❑RegisteMail red Malail"m ❑Adult Signature ResMcted Delivery ❑Registered Mail Restricted 9590 9403 0380 5163 6139 51 E3 Certified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise '_2._Anicle_Number-fTransfer from service_labe11 ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm ❑Insured Mall ❑Signature Confirmation i 7 015 0640 6607 5064 6689 P Insured Mall Restricted Delivery Restricted Delivery(ovej Ps Form"3811,April 2615 PSN 7530-02-000-9053 Domestic Return Receipt I , D • 0 • . . • { ■ Complete items 1,2,and 3. A. Signatur ■ Print your name and address on the reverse D Agent so that we can return the card to you. dres ee ■ Attach this card to the back of the mailpiece, B ece by inted Name) C, at of e for on the front if space permits. 1. Article Addressed to: D. Is de every a dress diff-erent from item 1? C3 Yes ; Mr. & Mrs. Bradle Anderson If YES,enter delivery address below: E3 No 6421•"0cean Road y i Veo;f°ieach, FL 32963 k 3. Service Type 9 Il 1111111 IIII III I I I I I II I III Ill Ii III i 111 IN iII yp ❑Priority Mail Express® I ❑Adult Signature ❑Registered MaiITAO ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9403 0380 5163 6139 37 ❑Certified Mail@ Delivery ❑Certified Mad Restricted Delivery ❑Return Receipt for I ❑Collect on Delivery Merchandise 1_2.-Article Number_(Transfer from service labs ❑Collect on Delivery Restricted Delivery E3signature ConfinnationTM ❑Insured Mail ❑Signature Confirmation ,7015 0 6 4 0 0007 5 0 6 4 0 7 5 7 ❑Insured Mail Restricted Delivery Restricted Delivery I (over$500) �P;s Form 3811,April 2615 PS0530'02-60Q`9053 Domestic Return Receipt ; • • . . s • i ■ Complete items 1,2,and 3. A. SI tura ■ Print your name and address on the reverse X [3 Agent so that we can return the card to you. "" [3 Addressee MW W� ■ Attach this card to the back of the mailpiece, I` B. Re ived b ri ed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No Corey Creek, LLC 36225 Route 25 Cutchogue, NY 11935 III 11111111111111 l l i l 11l11111l 1111111 II II II 111 l ExpressO o AdulltSignatice uree Restricted Delivery ❑RegistPrioriered MailTm Mail Restricted 9590 9403 0380 5163 6139 13 ❑Certified Mail@ Delivery i ❑Certified Mail Restricted Delivery ❑Return Receipt for 13 Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfinnaionTm umber_lTiansfer from service label) ❑ Signature confirmation 2._Article_N i g:: y 1; t C ❑.Insured Mall 1 1 t 1 g 115 0 6 4 01 D 0 7 i 15 0'6 4t`0 7 4 D 1 t 11', ❑insured Mail Restricted Delivery t` .4 t Restricted Delivery (over$500) PS Form 381.1-,,,April 2015 PSN 7530-02=000-9053 Domestic Return Receipt •� r. omplete items 1,2,and 3. A. Signature ;nt your name and address on the reverse X l 0 Agent that we can return the card to you. LY "vim ❑Addressee .tach this card to the back of the mailpiece, B. Received by(Printed Na e) C. DEIte of Delivery r on the front if space permits. I tD1 j dcle Addressed to: D. Is delivery address different from item 1? ❑Yes Rita J. Pellegrini If YES,enter delivery address below. [3 No Stillwater Avenue rogue, NY 11935 `��III I l l l l II I III II I I I111 I I I II I II iII 3- Service Type EI❑Adult Signature 11 Priority Registered M PTmss® ❑Adult Signature Restricted Delivery ❑Registered Mad Restricted 13 0380 5163 6139 75 ❑Cert,fed Mad® Delivery ❑Certified Mm Restricted Delivery ❑Return Recelpt for ❑Collect on Delivery Merchandise ransfer from Service label) ❑Collect on Delivery Restricted Delivery 13 Signature ConfirmationTM 7 Insured Mad ❑Signature Confirmation 0007 5064 0702 1 Insured Mail Restricted Delivery Restricted Delivery (over$500) 11 2015 PSN 7530-02-00Q-9053 Domestic Return Receipt ID • / • • • • ® Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X y ❑Agent so that we can return the card to you. s �; ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Namff C.D to o Delivery or on the front if space permits. ?.� 1. Article Addressed to: D. Is delivery address different from Item 17 ❑Yes Pellegrini Holdings, LLC If YES,enterdellveryaddressbelow: ❑No 23005 Route 25 Cutchogue, NY 11935 II i 111111 IIII III I I l l I Il I III 11111 III I 1111 II I Ili o Adult Signature ice eRestri�ed Delivery ❑RegisteMail red MIpTn+essO 9590 9403 0380 5163 6139 68 ry ❑Registered Mail Restricted ❑Certified Mails Delivery ❑Certified Mad Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2._Article Number_fTransfer from_service label} ,_ ❑Collect on Delivery Restricted Delivery ❑Signature ConfrmationTM i D Insured Mad El Signature Confirmation 015 0640 0 0 0 7' 5 0 6 4 0 6 9 6 ❑Insured Mail Restricted Delivery Restricted Delivery _ (over$500) 08 Form_3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt; ■ Complete items 1,2,and 3. ti ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. qB. Rd'Ncei�ey El Addressee ■ Attach this card to the back of the mailplece, 6�Date,of Delivery or on the front if space permits. e � 1. Article Addressed to: D. Is deliveryd differ £fr�m item 13%"'' Robco;Realty, LLC If YES,enterdelivery,a dr sbelow� ❑No,3 ' T 117 Doy,er Parkway Stewart Manor, NY 11530 II 1111111 Illi Ill I 1111 II I IiI Ii l l l 111 l l l l l I II III 3. Service Type ❑Priority Mail I_xpressO ❑Adult Signature ❑Registered MallTm ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted s 9590 9403 0380 5163 6139 06 ❑Certified Mail® Delivery ❑Certified Mall Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2.-Article Number(transfer from service label) - ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation- 0 Insured Mail ❑Signature Confirmation 015 0640 0007 5064 0 719 ❑'Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 �_: Domestic Return Receipt :r • • • ■ Si at Complete items 1,2,and 3., ?�• .,, a. t.,.,: ,' ■ Print your name`andaddress on the r ❑Agenteverse`''. "" X ,\ i so that we can return the card to you. E3 Addressee ■ Attach this card to the back of the mailpiece, B. ce' d (Printed am) C.Date of Delivery or on the front if space permits, j - 1. Article Addressed to: D. Is delivery address different from'.item`?,•U Yes If YES,enter delivery s b addreselow: �apN o Mr. William J. Smith A P.O. Box 1238 `mss Cutchogue, NY 11935 p 3.III111111IiIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIItce ure —Ptiority Mail lSgaRegistered Signature ❑Reis ed MaiRestricted 9590 9403 0380 5163 6139 20 ❑certifled WED Delivery ❑Certified Mail Restricted Delivery ❑Rstgn Recelpt for ❑Collect on Delivery Merchandise _�2_Article Number fGansfetfrom SeN/ce_labe4 13 Collect on Delivery Restricted Delivery ❑Signature Confirmation*^+ Insured Mail ❑Signature Confirmation i 7 015 0640 0007 5064 0764 - Insured Mail Restricted Delivery Restricted Delivery - (over$500) PS Form 3811;April 2015 PSN 7,530;02;000;9053; Domestic Return Receipt ■ Complete items 1,2,and 3. A. Signature I" ■ Print your name and address on the reverse 0 Agent C so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, 6a eived b tinted e) C.Date ivery I or on the front if space permits. J 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes t MTA LIRR if YES,enter delivery address below. ❑No Patrick Nowakowski, President Jamaica Station I Jamaica, NY 11435-4380 II I IIIIII IIiI III I I II I II I III III I I IiI I I IIIi II III Service Type Priority Mail� ss® 13 Adult 13 Registered MM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted,; 9590 9403 0380 5163 6139 44 ❑Certified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2.-Article-Number(transfer from service labeq ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation^+ ❑Insured Mail ❑Signature Confirmation 1 j` 7 015 01340 0007 5064 0771 ❑Insured Mat[Restricted Delivery Restricted Delivery over$500) PS Form 3811,'April 2015 PSN 7530-02=000-9053 Domestic Return Receipt I SEN SENDER-cd ol�`, COMPLETE THIS SECTIONON DELIVERY i ■ Complete items`-1,'2,and 3. ��, , i � � � � i �.� A.Zature, t �, , , ;.� :, �■ Print your name and address on the reverse X .'n ❑Agent so that we canreturn the card to you. ^�"k ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. L-mi o-4,,.k enb + 1. Article Addressed to: D. Is delivery address differs t-from ite 1? El Yes j if YES,enter delive d'essvbelop: [3 No � Mr. ;T,homas Jerome ,fid` 7y '�� 305 Maple Avenue �� l Southold, NY 11971 MAR 2 9 2Q1T3. a II iI I IIIIII IIII III I i I I i II I III 111 I I Il II II 11111 III p Adult 3 Signature Restricted Delivery•5 O Reglstered Mail Restricted S 9590 9403 0380 5163 6140 64 13Certified Mall® Delivery 111 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(transfer from service labe0 11Collect on Delivery Restricted Delivery 11Signature ConftrmatlonTM ❑Insured Mail ❑Signature Confirmation 7015 0 6 4 0, 0 0 0 7 5063 5 8 5 2 , • ❑Insured Mall Restricted Delivery Restricted Delivery _ (over$500) I PS Form3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt .. ■ Complete items 1,2,and 3. A Slgnature ■ Print our name and address on the reverse /`", �� [3 Agent X so that we can return the card to you. `",Z [3 Addressee 1111111 Attach this card to the back of the mailpiece, a eceived by nted/Vame) C. Date of Delivery �\ or on the front if space permits. / Z° -� L f l 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes ® I If YES,enter delivery address below: ❑No � Ms. Janet Heins P.O. Box 354 ' Peconic, NY 11958 3.II I II�III 1111 Ill I I I I l Il I Ill III I I III 11111'11111 Service 13 Priority Mall lpA geRegistered Adult Signature Restricted Delivery ❑Registered MaiRestricted', 9590 9403 0380 5163 6138 90 ❑Certified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Return e Receipt for ❑Collect on Delivery ❑Signature ConfirmationTM' _2._Article_Number_l)ransfer_from_service_/abe4— ❑Collect on Delivery Restricted Delivery 9 .❑Insured Mail ❑Signature Confirmation ]�5 6 4 a o a ' 'S 6 4 7 2 6 ❑Insured Mail Restricted Delivery i Restricted Delivery 1 (over$500) Domestic Return Receipt P'S Form 3811;April 2015 PSN 7530-02;000=9053 TOWN OF SOUTROLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIIDAVIT OF In the Matter of the Application of MAILINGS - 6 bo— (A c444-e 6e 116 �f 1�,e yc,idS. (Name of Applicants) SCTM Parcel# 1000- COUNTY OF SUFFOLK STATE OF NEW YORK i, C—v i n (2 k 1 Ct C a,r I residing at �jka4--i-r}Lt.dL_ New York, being duty sworn,deposes and says that: Oii the ,I day of �A&Kh , 2011, I personally mailed at the United States Post.Office inNA( 442h-b.&c(� ,New York,by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached-Legal Notice in Prepaid envelopes addressed to current property owners shown oA the current assessment roll verified&am the official records on file with the Q0 Assessors,or( ) County Real Property Office for every property which abuts and is across a public or private street, or.vehicular right--of-way of record,surrouftding the-applicant's property. - (&gnature) SWOa before me this a/ daf -,2017 DONNA McGAHAN (Notary PAW16) Notary Public, State of New York No. 01 MC4851459 Qualified in Suffolk County Commission Expires Aug. 18, 2019 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ( 000 -- -15 -- 2 - 13 � hDO P-1 5 -�- 2 Michael E . b,SilvIo u l. ��s�l'vro ��-�.el Schwccle I-- L15LOQS T�Zn -e z 2 S5 -( 5 O0 hyosr-e+ (� b cLV sem,•,d,ci, ti y. I��-, ,, ,-� Sp vols, FL 3)-q 1-7,5 loon - Is- z- � SQA Cichanc� � cZ t,�5�- lscq OC�an C J b r rt e d q C c c h Q n w�- V c� (3<'a C h FI-- �2 q Co E5 2Ab0 lr-Ato kN N?C�L !,_av,•-- p e -n i c (000 - -1 5- -2 R,4-4j< Pc Ice 3-3 L-I5 15 S•Fr!/wv-l-f V 74ve UJ i l l i a rn J' S w�r1- ('N 4-z In I)s lU y 1 f g�S 123s Cu-kh�ue, N-y• I1q �S (1�b0 - � J M-1 A L 11212 16 KaL c a S te'` ti��- X1350 1 C�O - `I s co Gl 1p JOL vh a(co. tJ I Qloo -7 5- 19 J o (3-call-k l (�f o� f; - LLC �P I v t h i �-���I nrl LCA C '3k47-L5 R�c-u-4-e IS 2-3130S �eu� Z-5 12 rbc IPe Q 14-y , L L C- 1000 --7 5 Z _Iboo --7s - z - 15 .2 L I,C- suu�Clels fJ y It911 (000 - S - - 1 Mel �� 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF AI�n the Matter of the Application of POSTING - (Name of Applicaand Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000-15-2- 15. 1 COUNTY OF SUFFOLK) STATE OF NEW YORK) - I, W V e r-b' t rO residing.at/50)5 M4-7' +V Cc ,New York, being duly sworn,depose and say. that: On the 2 f s4- day of Gig -k '2013 , I personally plaeed the Town's Official Poster, with the date of hearing aad'nature of my application noted thereon, " securely upon my property, located ten(10) feet or closer from the street or.right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remainedinplace for seven(7)days prior to the .date of the subject hearing date, which hearing date was shown to be �,�; 1 v•2 D 1 (Signature) Sworn to before me this 21 ss Day of Maw , 201-7 THERESA C. DESCHAMPS Notary Public, State of New York ��- l�L�►� No. OIDE6155687 (Notary Public)" Qualified in Suffolk County Commission Expires November 13, 20,� * near the entrance or driveway entrance of my property, as the area most visible to passerby. #0002038480 STATE OF NEW YORK) 101 of- )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 03/30/2017 aA, �- Principal Clerk Sworn to before me this day of c;2a1 TYPESET Tue Mar 28 14:23.30 EDT 2017 a Variance under Article IH, Section LEGAL NOTICE 280-15 and the Building Inspector's Jan- SOUTHOLD TOWN ZONING BOARD uary 23,2017 Notice of Disapproval based STINA VOLINSKI OF APPEALS on an application for a permit to construct THURSDAY,April 6,2017 an,accessory pool house,at: 1)located in NOTARY PUBLIC-STATE OF NEW YORK PUBLIC HEARINGS other than the code required rear yard;at; No. O1 V06105050 NOTICE IS HEREBY GIVEN,pursuant to 2615 Wells Road, (Adj. to Richmond Qualified In Suffolk County Section 267 of the Town Law and Town Code Creek)Peconic,NY.SCTM#1000.86.2-1.2. My Commission Expires Februmy 28,2020 Chapter 280(Zoning),Town of Southold,the 11:15 A.M. - MATTEBELLA VINE- following public hearings will be held by the YARDS#7041 - - Request for Variances, - SOUTHOLD TOWN ZONING BOARD OF under Article IH,Section 280-14 and Sec- APPEALS at the Town Hall, 53095 Main tion 280-15,and the Building Inspector's Road,PO Box 1179, Southold,New York November 16,2016,Amended January 27, 11971-0959,on THURSDAY,April 6,2017. 2017 Notice of Disapproval based on an 9:30 A.M.-SHELLEY AND application for permits to legalize seven(7) LINDSEY SCOGGIN#7040- "as built"residential and agricultural re- Request for a Variance under Article lated buildings,and to allow both residen- XXIII, Section 280-124 and the Building tial and winery uses upon a 134,246 sq.ft. Inspector's November 14,2016 Notice of developable portion of a parcel at: 1) Disapproval based on an application for a building nos.3,4,5,6,9 and 14 are located permit to construct additions and alter- less than the code required side yard mini- ations to an existing single family dwelling, mum setback of 20 feet;2)building no.14 is at:1)less than the code required minimum located less than the rear yard minimum front yard setback of 35 feet;at:2220 Pine setback of 75 feet;3)residential accessory Tree Road,Cutchogue,NY.SCTM#1000- structure,building no.2,located less the 104-2-8. code required side yard minimum setback 9:35 A.M.•R.BRADFORD of 25 feet;4)residential and winery uses BURNHAM HI#7015—(Adjourned from upon a single parcel less than the minimum January 5,2017)Request for a Variance allowed 160,000 sq. ft. in total-area, at: under Article III,Section 280-13 and the 46005 Main Road, Southold NY. Building Inspector's August 2,2016,Notice SCTM#1000-75-2-15.1&15.2. of Disapproval based on an application for 1:00 P.M. — TOWN OF SOUTHOLD a building permit to construct a boathouse PLANNING BOARD/SURREY LANE (storage building)on a vacant residential VINEYARDS #7039 The Southold Town parcel,at:1)the proposed boathouse(stor- Planning Board has requested that the age building) is not a permitted use; lo- Southold Town Zoning Board of Appeals cated, at: Penninsula Road (adj. to Dar- make an interpretation,pursuant to Arti- bie's Cove), Fisher's Island, NY, cle III,Section 280-13 A(4)of the Southold SCTM#1000-10-4-9.2&1000-10-4-9.3 Town Code and Planning Board Memo- 9:45 A.M.-LAUREN MCCALL#7044. randum dated January 3,2017,to request a Request for Variances under Article III, code interpretation as to whether the pro- Section 280.14 and Section 280-15 and the posed site plan for Surrey Lane Vineyards Building Inspector's January 27,2017 No- can be considered a winery and a permitted tice of Disapproval based on an application use and to determine what activities must for a permit to construct a single family take place in order to constitute"wine pro- dwelling and an accessory in-ground swim- duction."The Planning Board further re- ming pool, at: 1) proposed single family quests the Zoning Board of Appeals to pro- dwelling located less than the code re- vide an interpretation of"wine tastings" quired minimum front yard setback of 60 and"wine tasting rooms" relative to the ' feet; 2) proposed construction places in- proposed site plan for Surrey Lane Vine- ground swimming pool in other than the yards,located at: 46975 Route 25 (Main code required rear yard;3)proposed con- Road), Southold, NY. SCTM#1000-69-1• struction places existing accessory garage 18.1&69-1-18.6. in other than the code required rear yard The Board of Appeals will hear all persons at:10643 New Suffolk Avenue,Cutchogue, or their representatives,desiring to be heard at NY.SCTM#1000-116-1- each hearing,and/or desiring to submit writ- 10:15 A.M. - PAUL PAWLOWSKI ten statements before the conclusion of each #7042-Request for a Variance under Arti- hearing. Each hearing will not start earlier cle XXII,Section 280-105 and the Building than designated above.Files are available for Inspector's January 19,2017 Notice of Dis- review during regular business hours and approval based on an application for a per- prior to the day of the hearing.If you have mit to erect an eight (8) foot fence sur- questions,please contact our office at,(631) rounding a tennis court in the front yard, 765-1809, or by email. KimF@ at: 1)more than the code required maxi- southoldtownny.gov mum four(4)feet in height when located in Dated:March 16,2017 the front yard,at:100 Park Avenue,(Adj. ZONING BOARD OF APPEALS to Great Peconic Bay), Mattituck, NY. LESLIE KANES WEISMAN, SCTM#1000-123-7-3. CHAIRPERSON 10:30 A.M. - MICHAEL AND SARA BY:Kim E.Fuentes COLODNER#7043•Request for Varian- 54375 Main Road(Office Location) ces under Article III,Section 280-15 and 53095 Main Road(Mailing/USPS) the Building Inspector's December 16, P.O.Box 1179 2016,Amended January 4,2017 Notice of Southold,NY 11971-0959 Disapproval based on an application for a 2038480 permit to construct an accessory in-ground swimming pool and accessory raised patio, at: 1)both accessory structures located in other than the code required rear yard;at: 130 Willis Creek Drive,(Adj.to the Willis Creek,branch of Deep Hole Creek)Mat- tituck,NY.SCTM#1000-115-17-17.8. 11:00 A:M. -JOHN FISCHETTI AND DEBORAH DEAVER#7045-Request for 5 _ ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North-Fork Bank Building, 1st Floor 54375 Main.Road and Youngs Avenue, Southold website: http://southtown.northfork.net March 6, 2017 Re: Town Code Chapter 55 -Public Notices for Thursday, April 6, 2017 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before March 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to'make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than March 27th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 29th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before April 4, 2017. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. 1 BOARD MEMBERS ®� so Southold Town Hall Leslie Kanes Weisman,Chairperson �� �� 53095 Main Road•P.O.Box 1179 outhold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �� ® �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l�cou�(,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 D F � F MEMO HEO JAN 1 8 2017 TO: Planning Board Southold Town Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: January 18, 2017 SUBJECT: Request for Comments ZBA#7041 — Mattebella Vineyards Holding Co., LLC d/b/a Mattebella The ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA HEARING VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED MATTEBELLA 75.-2- #7041 4/6/17 Art. III Sec 1/17/17 Fox Land VINEYARDS 15.1 280-14 &Art. Surveying HOLDING AC Zone III Sec 280-15 CO., LLC D/B/A MATTEBELLA Your comments are appreciated by one week prior to above hearing date. Thank you. Encls. r BOARD MEMBERS ®F SO Southold Town Hall Leslie Kanes Weisman,Chairperson �� g'Q�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes 41 Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �Q ® �\�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider COU NTI,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 January 18, 2017 Ms. Sarah Lansdale, Director , Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7041 Owner/Applicant: Mattebella Vineyards Holding Co., LLC d/b/a Mattebella Action Requested: Legalize 15 "as built" residential and winery related AG bldgs. - setbacks Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: Y. Encls. LOCATION MAP SCALE:1"=600' x ROPO O ro �' o LV tiG �6 e<�y co Oe Je\oP o<ds 6166 ey \d ti • E \ �e\\o J\`o J,�rO �p � 0 �o P o X21, roses �°� °�� P-1F �� �o % " 01z- -0 6 ns i �O SRF \ no o-0 / �L j s l� N ti - G O vo {°�e \ \ G / QO' ° O/ 1p 0\14 V. JetOOO °^ J 0 1 Oy °/Nw o� re(� Jeo1f ^ CD ^ vG 'zo ' �s. s OA�' -10945 Jyy� °GE ° N--I L`7"' �OSEe\a5 RK\NG �. tf SRF F�NGF \a0• \\3 R���// � To PPJE S SSON .� �<<•. ` �0 0� EoN o �J<<C1 POS \ OO ,,,' •.: 1 PR°�,,PI� � STONE DRIVEWAY GP��F- o ` G 21 0©� SS TRS m o . . '.. °°�, P p o oP�pPG�Gf-8N5 dPoSSPe�,6 .'•'•. G�GK SPP.SRO ��0� 11i � \�F�NGF, a! , w SZdR PtP�v 5 ��•`:s::::::,:-• °© V�`N��PGF' �\ PA`S RP � CF (D y z 2� 4-11 PF" Zla�t� a GOOK fcN.S eo\ M1 QR�N PPO 0-101151LGPSpJER os . // -o \ G o ` I S 5 P ` // SEPSINg 5gls) F 0 / N2' O:...• tl No y G 1 1 .. SG OGKP°�FFN , , IV� ��� O6\\\ 0• •�•Of� ° \ / / ,O F�\DNG °moo° SS �'!• o�� P� ny 9'no O f'Lj 1:J OGGs a o o \ \ 1V RP�NG 6 79 °�9 o y s0 P \\ O \ eJ\�0\NG �PK �JpO` 26 36 a Ff O lot .gmm •O �t/ \ GON ev� gZN ID lot A V Zc PP�NGF. ao O o 09N {�O P"�•O 90 9 \\\ `\ G .��OO f�J� OO J� `� a Y gG JGRe °6N vGO•� f 6N ej n R� Q��7 Q�, (\ (a / tafy \ C� l P ��•`'• K V ° P N` 0 o sjONF kEN ss FN FR�oNG °� k°O GO�� � 3 o 0. CD 00t c' ^ SP oti* L111• rt o G ^ 0- fE yS ° 0 ^/ ° d " SITE DATA 3co g 1�y0 'off �0 1. AREA = 134,246 S.F. r 2. ZONING USE DISTRICT = A-C n9 4R�FF'NG� *`� tia Oy00 LEGEND. 3. GROUNDWATER MANAGEMENT ZONE = IV 4. SCHOOL DISTRICT = SOUTHOLD Z$ rlS 5. POSTAL DISTRICT = SOUTHOLD 'Oc3� �� 559• tl BUILDING # DESCRIPTION AREAEXISTING ON LAST NEW PROPOSED 6. FIRE DISTRICT = SOUTHOLD NEso Om tj �F�FN SITE PLAN 7. UTILITIES = S.C.W.A., VERIZON, PSEG F p P O. �oGoO 1D RESIDENCE 1,050 S.F. YES — STORAGE, RESIDENTIAL 99 S.F. YES APPLICANT /ro �P \ eM �' 30 GARAGE, WINERY & STORAGE 491 S.F. YES MATTEBELLA VINEYARDS HOLDING LLC. \S •\J QE 46005 MAIN ROAD f2ECEIVI=�'� 0 Q Ogg\ Q 4O WINE STORAGE SHED 98 S.F. — YES SOUTHOLD, N.Y. 11971 \ �N° Dei ° �' \�y"o� 50 SHED FOR TASTING ROOM 232 S.F. YES JA�� k 2017 NN < JS �O 110y�J p 60 FARM STORAGE 78 S.F. — YES NOTES ZONING BOARD OF APPEALS \ O FARM STORAGE 86 S.F. — YES 1. REFERENCE DEED L. 12392 CP. 996 y9.�90 O O FARM STORAGE 65 S.F. YES 2. LOT COVERAGE: EXISTING = 3906 S.F. OR 2.9% O P 90 FRAME GARAGE, STORAGE 363 S.F. YES PROPOSED = 5082 S.F. OR 3.8% P, 10 WATER TOWER & WELL ENCLOSURE 103 S.F. YES DEC. 22, 2016 PLAN PREPARED DATE: REVISION: JS"SFS `� �• O 11 FARM SHOP, OFFICE 169 S.F. YES �. a 12 DECK ON GROUND, UNATTACHED 224 S.F. — YES SITE PLAN 0 13 FARM STORAGE 97 S.F. — YES Prepared For: , 14 FARM OFFICE, NO BATH OR KITCHEN 401 S.F. YES Mattebella Vineyards �� 15 ANCHORED DECK 100 S.F. — YES Molding LLC. ANCHORED DECK 100 Z S.F. — YES "Winery Improvments" 17 FRAME BUILDING 50 S.F. — YES At G ; 18 FRAME BUILDING 50 S.F. — YES Southold Town of DAVID H. FOX, L.S. P.C. N.Y.S.L.S. #50234 19 FRAME BUILDING 50 S.F. — YES Southold FOX LAND SURVEYING 20 PERGOLA/SHEDS 100 S.F. — — YES Suffolk County, New York64 SUNSET AVENUE WESTHAMPTON BEACH, N.Y. 11978 21 PERGOLA/SHEDS 100 S.F. — YES Suff. Co. Tax Map: (631) 288-0022 Dist. 1000 Sect. 075.00 Block 02.00 Lot 015.001 UNAUTHORIZED ALTERATION ADDITION TO THIS SURVEY IS A VIOLAT ON OFSECTION 7209 OF THE NEW YORK STATE 22 2 STALL STABLE 200 S.F. — — YES EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. 40 0 40 23 WINERY 875 S.F. — — YES I I I I CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE �+ PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS THE SCALE:1"=40' BEHALF TO E TITLE COMPANY. GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. DWG: 2016-074 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson SOF SO Southold 53095 Main Road•P.O.Box 1179 � Q �� l0 Southold,NY 11971-0959 Patricia Acamporac Office Location: Eric Dantes us Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® aQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento IyCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 July 12, 2017 Abigail Wickham, Esq. Wickham, Bressler& Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck,NY 11952 Re: ZBA File# 7041 Mattebella Vineyards, Southold,NY SCTM No. 1000-51-2-15.1 (Farm 15.2) Granted in part/deny in part Dear Ms. Wickham; Transmitted for your records is a copy of the Board's July 6,2017 Findings,Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions, please call the office. ' Sincer y, Kim E. Fuentes Board Assistant Encl. cc: Building Dept. 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