Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
7013
d f - 1�A �Il �ct� 115�/7 /�•�t/1Li d!-���//(o �U �11$�P 127 BOXES AS COMPLETED 7 ( ) Tape this form to outside of file 1. ( ) Pull ZBA copy of ND ( ) Check file boxes for prio to o Q 0 CL CL ( ) Assign next number on I, 0 outside of file folder .. CO) ( ) Date stamp entire origin ° . file number m -n -u cn --- o o n ( ) Hole punch entire origin, 3 x o c o o o 0 CD (before sending to T.C.) — m o cn cn 3 coa 2 X ( ) Create new index card n � - < ( '} Print contact info &tape CO � Cr � o m N -+ j ) Prepare transmittal to Tc 4 w v _. . - . . _ oCO W — Q ( -} Send original application c CD to Town Clerk o n' [ ) Note inside file folder w/, 3 and tape to inside of fold [ ) Copy County Tax Map; hi Neighbors and AG lots -n ( } Make 7 copies and put wi `D ( } Do mailing label 0 — 4041111 w s r ��aTt`,4v tlieu�yyf� �2�5 (,qc2m)5 -oc '7 Ge2ly�L �� ��� �a7 LAS �"�►►9�i6 GC�E Mc4V r/Ze'6, l�3 �.s i BOARD MEMBERS *®F so(/T Southold Town Hall Leslie Kanes Weisman,Chairperson � �°� 53095 Main Road•P.O.Box 1179 !O Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento lyCOU NTY,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN.OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 RECEIVED ,4 ,Q� FINDINGS,DELIBERATIONS AND DETERMINATION UU Q 2017 Z 1Q MEETING OF JULY 6,2017 ZBA FILE# 7013 Sou old Town Clerk NAME OF APPLICANT: Croteaux Vineyards (Four Cows Inc) PROPERTY LOCATION: 1450 South Harbor Road, Southold,NY SCTM No. 1000-75-7-1.4 SEQRA 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 November 10, 2016 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. PROPERTY FACTS/DESCRIPTION: The parcel that is the subject of this application is a code conforming 4.65 acre parcel located in the R-80 zoning district on the West side of South Harbor Road (hereinafter also referred to as "Parcel A"). The Applicant also owns a second parcel (hereinafter also referred to as "Parcel B"). Parcel B is a code conforming 9.3741 parcel located in an R-80 zoning district and sits across from Parcel A on the East side of South Harbor Road. Parcel A is has 483.11 feet of frontage along South Harbor Road. The property runs 400 feet on the North side, 529.65 feet on the West side, and 402.70 feet on the South side. Parcel B has 517.91 feet of frontage along the East side of South Harbor Road. Parcel B is oddly shaped and runs 779.98 feet on the North side then turns and runs 262.73 feet Northwest before turning 85 feet Southeast., The parcel then runs an additional 129 feet on the North side. The parcel runs 422.81 feet on the East side, 500.50 feet on the South side and then turns 50 feet North on the Southwest side before running an additional 200 feet on the South side. Parcel A is improved with a two story frame house, a frame building, an in-ground pool, two framed barns, a two story frame building with a second story wood landing, a screened pergola partially located off the applicant's property, a brick patio, fences, and an area labeled vineyard. Parcel B is not improved and is labeled as vineyard. All is shown on a survey by Howard W.Young,LLS and dated October 18, 2016. BASIS OF APPLICATION: Request for Variance(s) from Sections 280-13(A)(4) and the Building Inspector's October 7, 2016, Amended November 2, 2016 Notice of Disapproval to legalize an "as built" winery and tasting room, at: 1) winery and tasting room facilities located on a parcel less than the code required minimum of at least 10 acres devoted to vineyard or other agricultural purposes, located at: 1450 South Harbor Road, Southold, NY SCTM# 1000-75-7-1.4. Page 2,July 6,2017 #7013 Croteaux Vineyards SCTM No. 1000-75-7-1.4 RELIEF REQUESTED: The applicant requests a variance to legalize an "as-built" tasting room/retail wine sales operation on a 4.65 acre developed parcel. In support of its application for variance relief,the Applicant has asked the Board to consider Parcel A and Parcel B as one agricultural operation, and as a single agricultural operation, it has more than 10 acres in agricultural production. ADDITIONAL INFORMATION: Southold Town Code 280-13(a)(4) permits the use of`Wineries which meet the following standards: The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; The winery structures shall be set back a minimum of 100 feet from a major road; and The winery shall obtain site plan approval." Site inspection as well as testimony revealed that South Harbor Road is a Southold Town road that services residential properties. Parcel B is restricted by a conservation easement executed September 23, 1994 which prohibits the erection of residential, commercial, or structures of any kind or nature except agricultural structures. The applicant's neighbors to the North raised objections to the operation of the vineyard's retail wine tastings and sales on parcel A including adverse impacts of traffic, parking, noise, and the infringement of the quiet enjoyment of their property. The applicant has a permit#NY-W-15094 from the United States Alcohol and Tobacco Tax and Trade Bureau to be a wine producer and blender. The applicant has a farm winery license serial number 1192921 from the New York State Liquor Authority and is a recognized distributor of Liquor, Wine, Alcohol, and Distilled or Rectified Spirits by the New York State department of taxation and finance. The applicant's attorney submitted to the Board on May 18, 2017 an affidavit attesting that the vineyard currently produces 110 gallons of wine in its farm winery each year along with exhibits from New York State and U.S. government agencies permitting his operation. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on 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 X267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood and a detriment to nearby properties. The neighborhood is residential and consists of single family homes and farms. The applicant owns a total of 14.02 acres which are bisected by South Harbor Road. The applicant's Northern neighbor has testified that there are negative impacts of noise, traffic, and parking along the side of the road caused by the vineyard's operation as a venue for the tasting and sales of wine to the public. . 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant's vineyard is on two different sides of South Harbor Road. The applicant can grow his grapes on the existing agricultural parcel and, as per his New York State Farm Winery license, acquire space to process grapes and operate a winery and tasting room in a location Page 3,July 6,2017 #7013 Croteaux Vineyards SCTM No. 1000-75-7-1.4 contiguous to his vineyard; or operate the tasting and retail wine sales operation in a code compliant business zoning district. 3. Town Law .4267-b(3)(b)(3). The variance requested herein is mathematically substantial, representing 100% relief from the code. South Harbor Road bisects Parcel A and Parcel B creating a separation between the 10 acres of planted grapes and the 4.6 acre parcel developed with a residence and "as-built" tasting room/retail wine sales operation. The Code clearly states that a"winery shall be on a parcel(emphasis added) on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner, not one or more parcels owned by the winery owner. 4. Town Law &267-b(3)(b)(4) 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. Neighbors voiced concerns during the public hearing that the location, having limited off street parking access, attracts excessive vehicle traffic. Neighbor complaints also include lack of privacy into their yards from the tasting room and excessive noise disturbance. 5. Town Law X267-b(3)(b)(5). 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. Croteaux Vineyards has operated for numerous years on Parcel A as a venue for tasting and selling wine from grapes that the owner/applicant grows on Parcel B and processes off site at Premium Wine Group. The accessory as built tasting room and retail sales operates without the required on site principal use of a winery as defined in Southold Town Code 280-13(a)(4), without site plan approval from the Town Planning Board, and without a Certificate of Occupancy, in violation of Town regulations. 6. Town Law §267-b. Grant of the requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a Tasting Room/Winery 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 267-13, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried,to Deny the variance as applied for. Vote of the Board: Ayes:Members Weisman (Chairperson), Dantes, Goehringer and Acampora (Member Planamento was recused). This Resolution was duly adopted(4-0). t Leslie Kanes eisman, Chairperson Approved for filing /�/7 / /2017 (i)UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF INE NEW YOFK STATE EDUCATION ?)DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE —ECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABUSH PROPERTY LINES OR FOR ERECTION OF FENCES.(3)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 (4)CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE CUM' 'OVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIe 1F THE LENDING INSTITUTION CERT.n CATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5)THE LOCATION OF WELLS(W).SEPTIC TANKS(ST)@ CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. 400 Ostrander Avenue, Riverhead, New York IIQOI tel. 631.121.2303 fax. 631.-(27.0144 odmfn@youngengineering.com Howard W. Young, Land Surveyor s rNThomas 0. Nolpert, Professional ¢. Douglas EwAd ms, Professional Engineer W � E ��• Robert G. Tast, Architect - - - --- 51 TE DATA SmDu�a1 gm . PARCEL 'A' AREA = 4.6500 ACRES OR :20:21,554 50. FT. now or formerly PARCEL '8' AREA = 9.3741 ACRES OR 408,35.7 50. FT. Glendon G. Homer `QO Mindy N. Homer VERTICAL DATUM = N.A.V. DATUM (1x88) t ` �` W �m Ng7°O7'SODE * LOT NUMBERS REFER TO "MAP OF MINOR SUBDIVISION PREPARED gubd Horb°r 11 wry' 129.00 3 W gputh FOR ESTATE OF GEORGE JEWETT WELLS, TIMOTHY WELLS AND 1 Ott5jpn " 1 „Bayvte rtner5hjp ggg4 ry CHRISTOPHER MICELI" FILED IN THE OFFICE OF THE CLERK OF 1 gubd5puth NQe 2 1 P jje Np SUFFOLK COUNTY ON NOV. 28, Ig1O AS FILE NO. 01025. 5 � L,�p,•`�vte 5htp pha 100 8g 1 guff. G 1 Lot 2 Partner gubdjyj5ion " rbor Gp• aout ' guff• Fjle N°' h NQ 2„ !L Lot j 1 „8°yyj er5htp pha5 0053 .1 4, 1 �'0 PARCEL partn LOT GOYR?tG gubdjyt5lOnNarbpr Go Pjle 41 S� o o-ry mrya�ry �o gputh 2 1 guff. $6 00 .�,=sH�a vies' hose �rY �ry Partn5hjp ertA°• 100 day 5 1 2 STY. FRAME HOUSE W/RO PORCH = 2,052 50. FT. = 1.0% Suff G p Pj�e 308 2 STY FRAME BUILDING = 6201 50. FT. = 0.5% FRAME BUILDING = 3015 50. FT. = 0.2% NID00410C FRAME BARN #1 = 134 50. FT. = 0.5% fprmerjy. i3u5ana FRAME BARN #2 = 1,155 50. FT. = 0.690 �u h r1e e� FRAME SHED = 0. T. = 0.0% jAotitde INGROUND POOL = 01 90 012 S. FT. = 0.5 �r°nyVyn jet 400.001 SCREENED PERGOLA = 656 50. FT. = 0.390 '1 p 11 r1�0�21 DEER FENCE � � /� TOTAL = "T5 50. FT. _ , , O , , OD/Rore FENCEo p W ryry.VIC Lot 2 yioNE � "�/ or gubdivi5ion pF NAjn -YState of O OC1 2.�1 pre pared tt MimoehyF N m �ar '�` JIRD ZONING BOARD OF APPEALS dewert e Ge°r Christo her -4 v Vye115 an L°tj5 on r � ,Al BRICK a guj�di,r Harbo .� F202 F2n OD�j mING V r gpUth 5e 2n SEptING 118,1:_-------- rn u 30 r r5h1��10 100�� } �T 5URVE"rOR'S CERTIFICATION rn p, STO REP a 3, I (cE (� gV� Go• V Z _ O �/INARD C� WE HEREBY CERTIFY TO CROTEAUX VINEYARDS THAT THIS 3 --- N N u2 SURVEY OF PARCEL 'A' WAS PREPARED IN ACCORDANCE WITH THE 0 � 3 � - . � 1Q7�p,R, CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW yV, FFL ' $RICK 'L y YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. E N O --- v+ooD (J * WE HEREBY CERTIFY TO C R O T E A U X VI N EYA R D S PARCEL `s �' yTONEVzopOH„ 'B' WAS PREPARED UTILIZING SURVEY PREPARED <fOH N K _ METZGER. UG y FL- 3tiL FFL �J�� N C ) o yµED bl,F�LAM� ?log C O J/ 20.rJ, 8�,_ 0190''p b• �'.� i .;;� �;.1* C, .. 01 to TV �5_ -- 's INC���D up 1 Q 8 ICK WpyK \ ���� (ir /` ~ rr -- -------- HOWARD W. YOUNG, NA�. L.S. NY 458Q3 ' m Peter- -OR 0 rns, GROTEUX VINEYARD5 , E �, A at Southold, Town of Southold �d 2Q0 00 0o Lot 2 \ Suffolk County, New York , gym m F���j�'°�° � 5vbdj SteD20 MAP OF PROPERTIES �QZ gyp' S , •F�je N 1000 75 07 1.4 / 1 gv County Tax Map District 1000 Section 75 Block 07 Lot 22.9 o D DEER FENCE State o� IGe j\, ' � l o�3Lot 3 d �hrj5tppher -'/ FIELD SURVEY COMPLETEOGT. 1 ,0QW ore , 2016 bZ� g�3 j5jon prep °nd 1 MAP PREPARED OCT.OGT. I8, 2016 Record of Revisions m In dl� We i RECORD OF REVISIONS DATE 5�'°'(jmpthy 0� Mjn V� ,IMap,ewett . George m 0 J O 0 60 O 30 60 120 150 ED Scale: I" = 60' a JOB NO-2016-0144 DWG. 2016_0144_bs I OF 1 D = MONUMENT 5ET ®= MONUMENT FOUND = STAKE 5ET ®= STAKE FOUND a SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of FOUR CROWS INC. d/b/a CROTEAUX VINEYARDS, Petitioner, STIPULATION For a Judgment pursuant to Article 78 OF of the Civil Practice Law and Rules SETTLEMENT -against- Index No. 17-04133 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS, STIP•OF SEMEMENT FEE PAID �hudith A.Pascale Respondent. - Suffolk County Clerk ------------------------------------------------------------------------- WHEREAS, Four Crows Inc., d/b/a Croteaux Vineyards (hereinafter referred to as "Croteaux"), is a domestic business corporation doing business in the Town of Southold and its affiliate, 1450 South Harbor Road LLC, is the owner of two parcels of land on opposite sides of South Harbor Road in the Town of Southold designated as Suffolk County Tax Map Nos. 1000- 75-7-1.4 and 1000-75-7-22.9, which parcels(i) are used to produce wine on site; (ii) are uniquely configured in that the parcels would be a single, contiguous, fourteen (14) acre parcel, constituting a single tax lot, but for the existence of South Harbor Road; and (iii) are depicted on the attached survey dated October 17, 2016 prepared by Howard W. Young, L.S. (and hereinafter sometimes referred to collectively as the"Croteaux Property"); and WHEREAS, the Croteaux Property is used as (i) an established 10.69-acre vineyard; and (ii) a farmhouse, originally constructed in 1888, two historic frame barns used for winery operations, including wine production, storage of wine, wine bottles and equipment and a two- story frame building which houses the winery's tasting room and storage facilities; and WHEREAS,the parcels comprising the Croteaux Property (i) are the only two (2)parcels 1 wA) 4 in question; (ii) are proximate to each other, located directly across the street from one another; (iii) are located not more than forty feet(40')from one another; (iv) would be a single parcel but for being bisected by South Harbor Road; and (v) are and have been in common ownership and have always been used and operated by Croteaux since 1992/1993 as a single, 14 acre farm operation, as evidenced by the Suffolk County Legislature's inclusion of the parcels in the State's First Agricultural District, as distinguished from multiple (more than two (2), non- contiguous parcels attempting to be aggregated to satisfy the"10-acre"rule described herein;and WHEREAS, the Croteaux Property has been in continuous agricultural production since the 1700s and as a vineyard since 2003; and WHEREAS, Rose' wine has been continuously produced at the Croteaux Property from 2006 thru present; and WHEREAS, Croteaux possesses all required state and federal licenses for the operation of a winery including a Basic Permit from the Alcohol and Tobacco, Tax and Trade Bureau of the United States Department of the Treasury and a Farm Winery License by the New York State Liquor Authority and Croteaux is also registered by the New York State Department of Taxation and Finance as a Distributor of Liquor,Wine,Alcohol and Distilled or Rectified Spirits; and WHEREAS, the Town of Southold Building Department denied Croteaux's application for a building permit to legalize the as-built Winery on the Croteaux Property on the grounds that the winery facility is not located on a single parcel with at least 10 acres of land devoted to vineyard or other agricultural purposes as set forth in Section 280-13(A)(4)(b) of the Town Code; even though Croteaux uses the Parcels as a single farm operation, growing grapes and producing,wine on more than ten (10) acres, because South Harbor Road separates the 2 parcels and prevents the parcels from being merged ;and 2 W WHEREAS, Croteaux applied to the Respondent, Town of Southold Zoning Board of Appeals ("ZBA" or "the Board") for a variance from the "10 acre" rule due to the unique circumstances surrounding its farm operation,to wit,that Croteaux has nearly 12 acres of grapes planted on two parcels forty feet.apart, separated only by, and on opposite sides of, South harbor Road, as part of a single farm operation and that, but for the parcels being bisected by a town road, Croteaux would be able to meet the "10 acre" rule under Section 280-13(A)(4)(b) of the Town Code as of right;and WHEREAS, the ZBA issued a Determination dated July 6, 2017 and filed July 10, 2017 (the "Determination"), which denied Croteaux's application for a variance from the requirements of Section 280-13(A)(4) of the Town Code; and WHEREAS, Croteaux timely commenced the instant Article 78 proceeding challenging the ZBA's Determination by filing of a Verified Petition on August 9, 2017(the"Petition' and WHEREAS, Croteaux and the ZBA (hereinafter collectively "the parties"), to avoid the time, expense and uncertainties of litigation, desire to settle this proceeding, and the claims therein, upon the following terms and conditions. NOW, THEREFORE, the parties and their undersigned attorneys, stipulate and agree as follows: 1. The parties agree that upon the "so ordering" of this Stipulation as provided herein, the Petition will be granted to the extent that the variance relief necessary to permit Croteaux to legalize the as built winery and tasting facility on the Croteaux Property will be deemed granted subject to the following conditions: a. Within sixty (60) days of the "so ordering" of this Stipulation, Croteaux shall apply for site plan approval from the Southold Town Planning Board; 3 b. Within sixty (60) days of the "so ordering" of this Stipulation, Croteaux shall file a Declaration of Covenants and Restrictions, in a form approved by the Town Attorney for the Town of Southold, stating that as long as the Croteaux Property is operated as a winery that: (1) There shall be no special events, as defined by Section 205-2 of the Southold Town Code, with more than 75 guests in attendance, or, on the subject premises; (2) Patrons will not be permitted to arrive by bus or stretch limousine (as opposed to hired vehicles,which are permitted); (3) Site capacity will be limited to 150 guests at any one time or less as may be required by Planning Board site plan approval; (4) The tasting room will open no earlier than 12:00pm and close no later than 6:30pm daily; (5) Croteaux will install directional signage on the Croteaux Property, along South Harbor Road, directing patrons into the Croteaux Property driveway; (6) Croteaux will provide notice and directions to its patrons via its website and social media as to where to park; (7) Within 60 days of the "so ordering" of this Stipulation Croteaux will install and thereafter continuously maintain a thirty (30) foot wide vegetated buffer, consisting of evergreen screening planted at a minimum of 6 feet high per tree and shall install a solid 6-foot-high privacy fence along the entirety of the northern property line of Lot 1.4; and parking of vehicles will not be permitted within the buffer area; (8) Patrons shall not be permitted in the aforementioned buffer area and Croteaux shall post and maintain signage to that effect; 4 (9) No food trucks or amplified music other than in accordance with local ordinances shall be permitted on the subject property; and (10)No more than 75-guest vehicles shall be parked on the subject property at any one time or less as may be required by Planning Board site plan approval. C. The terms set forth in sections (b)(1) through (b)(10) of this stipulation setting forth requirements of the Declaration of Covenants and Restrictions shall also be conditions of this Stipulation. d. The parcels comprising the Croteaux Property shall remain in common ownership and continue to be operated as a single farm operation with at least 10 acres of grapes planted. This condition will be written into the Building Inspector's Certificate of Occupancy, when issued. e. Croteaux will continue to produce at least 450 gallons of wine per annum on the subject premises. 2. Notwithstanding any other provision of this Stipulation, any and all dates and time periods set forth in the Stipulation may be modified or extended without need for amendment of the Stipulation or any further order of the Court, upon the mutual consent, in writing, of the parties, or as agreed, in writing, between counsel for the parties and the ZBA Chairperson. 3. The Court shall retain jurisdiction of the parties to any issues in this proceeding for purposes of interpretation and/or enforcement of the terms and-conditions of this Stipulation. Nothing in this Stipulation shall be deemed to constitute an admission by or against any party to this proceeding. - I 5 Y 4. Notwithstanding anything in this Stipulation to the contrary, this Stipulation shall be deemed to have been drafted by all the parties hereto. 5. In the event of any inconsistency between the terms of this Stipulation and the terms of the Town Code,the terms of this Stipulation shall control. 6. This Stipulation may be signed in counterparts. 7. The parties acknowledge and agree that, following its execution by all parties, this Stipulation will be submitted for "so ordering" by the Court. The parties fin ther acknowledge and agree that no portion of this Stipulation shall be effective unless and until the Court shall have "so ordered" the entirety of the Stipulation without modification or redaction. Accept as otherwise specifically provided for in this Stipulation, no provision of this Stipulation may be waived or modified except by a writing signed by all parties and "so ordered" by a Justice of the Supreme Court, Suffolk County. Dated: Riverhead,New York August 2,2019 FOUR CRO d/b/a TEAUX EYARDS By: MARTIN D. F AN,ESQ TWOMEY, LA AM, SHEA, KELLEY, DUBIN& QUARTARARO. LLP TOWN OF SO O ZONING B O APPEALS By: JOHN D ,ESL- RRETT, DEVI SP LLMAN LLP By: i - WILLIAM M. DUFF TOWN ATTORNEY SO O N 2019. HON. JOSEP A. SAWORELLI,AM GRANTED AUG -7 2019 Judith A. Pascale CLERK OF SUFFOLK COUNTY c �YK o+ ^-mI LON canak �il•17;11� �jy2C5l��y r VKaA MAILING ADDRESS: l� PLANNING BOARD MEMBERS ®F SOU P.O. Box 1179 1 DONALD J.WILCENSKI �� �y® Southold, NY 11971 �' Chair ,`® l® OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G ® Q 54375 State Route 25 JAMES H.RICH III �o (cor.Main Rd. &Youngs Ave.) ra a �(,L1 t MARTIN H.SIDOR l//j'C®U �� Southold,NY UG(f ( Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE' —7a(3 TOWN OF SOUTHOLD RECEIVED JUN, 2 7 2017 MEMORANDUM ZONING BOARD OF APPEALS To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald Wilcenski, Chairman Members of the Planning Board` Date: June 27, 2017 Re: Request for Comments re: ZBA Application #7013 Croteaux Vineyards (4 Crows Inc.) SCTM#1000-75-7-1.4& 22.9 Zone: AC At the request of the Zoning Board of Appeals,the Planning Board has discussed the request for comments for the above action and has the following question prior to providing final comments. The Amended November 2, 2016 Notice of Disapproval was written to seek a permit to legalize an "as built" tasting room use, a use not listed in the Town Code. The Planning Board requests the Zoning Board clarify that a tasting room is a use that can be considered as a winery use, even though it is not defined in the Town Code. Further, does the use, as proposed, meet all the winery standards in the code, including the following? (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; Is the use, in fact and according to Town Code, a winery? The Planning Board does not support the requested-variance due to the following reasons: Crote aux Vineyards Page 1 2 June 27 , 2017 To meet zoning for a winery use, 11.83 acres are required (10 acres and 80,000 square feet or 1.83 acres for the winery on a parcel). The 80,000 square feet is necessary to accommodate all Site Plan elements and future growth. The winery is proposed to be placed on a parcel with less than 10 acres devoted to a vineyard or other agricultural purposes. Note, the Planning Board recognizes that a vineyard is located across the street. Locating a winery on a parcel with less than 10 acres on a parcel in agricultural production sets a precedent that could have large ramifications town wide. The Planning Board is concerned that the commercial winery use located in close proximity to the residential uses could adversely affect the quality of life and ultimately the health safety and welfare of the residents from current or future operations. Numerous residential homes are located within 500 feet and 1,200 feet from the proposed winery (figures 1 and 2). Specific concerns include: • Impacts from increased noise. • Impacts from increased traffic volume, including large vehicles (buses and limousines) on secondary roads. • Potential traffic safety issues due to an un-signalized intersection at New York State Route 25/South Harbor Road/Lower Road. Find address or place tiCrJ MARR^R fS` IIJ' • RRG :85o1.WN fl4Y'.JE:'i RO ?'Jli A{• 1E+1'fiC -;{.WN Nav,p R[• • 1I"• E•:fi RD 13"SH4PH_R ftD • e`.�•:R4M:E RD • • 9'SA • E.Y RD HiS ii{N{'f ftG IIYi G 114FFv"Vi RC' • I)� IWtLviR RU • • • NIJ RO em- 13cU 5{IAR&.ARG 2N AENN fd • 313;i AWN E14Y`AE44'PC• • 1 K,c N41i@"R RD 11J5A N64n`IEw RD I.ISnS • 3'15 AWNEMI"NE:J RC a Figure 1. Showing proposed use in proximity to existing and potential residential uses. RECEIVED JUN 2 7 2017 ZONING BOARD OF APPEALS Crote aux Vineyards Page 1 3 June 27 , 2017 W Find address or place Q IDMS S NARBOR Fr- 314:11-111 LnAY':IE`•4 RL! 150 • 3480AVJN13AYYIEVVRD3?15MA8/BAri1E14'RD S HARBOR RO X55 SAY'1VAT A• 35S• RD 7680 MAIN BAYVIEIV RG OSS 0 LS1 1+65 S h• F3 • BAYWAIER AV SBA,• l 3?80 A141N AYN 4V RD • 3k NpcOAIs RD 150 ERA -&. • 120 NOKU.lfS FD -1 14itf-.`R RD Figure 2. Showing proposed use in proximity to existing and potential residential uses. Figure 3. New York State Route 25/South Harbor Road/Lower Road intersection. Thank you for this opportunity to review the action, and please feel free to call this office with any questions. RECEIVED I®� cc: Bill Duffy, Town Attorney JUN 2 7 2017 ZONING BOARD OF APPEALS I' a ,—OUNTY OF SUFFOLK eer� r� r ( + ZONING BOARD OF APPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Acting Commissioner and Environment November 10, 2016 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman 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 Zachariadis, Maria #7032. Croteaux Vineyards (4 Crows Inc.) #7013 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3 TOWN OF SOUTHOLD OCT 2016 BUILDING DEPARTMENT SOUTHOLD, N.Y. 7- NOTICE of�PP�ALs NOTICE OF DISAPPROVAL DATE: July 22, 2016 RENEWED: October 7, 2016 AMENDED: November 2, 2016 TO: Croteaux Vineyards (4 Crows, Inc) 1450 South Harbor Road Southold, NY 11971 Please take notice that your request dated July 1, 2016 For permit to legalize an"as built"tastingrat Location of property: 1450 South Harbor Road, Southold,NY County Tax Map No. 1000—Section 75 Block 7 Lot 1_4 Is returned herewith and disapproved on the following grounds: Pursuant to Article III, Section 280-13, 4, (b)The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (d)The winery shall obtain site plan approval. This Notice of Disapproval was amended on November 2,2016 to remo refe nce to 80-13,4. (a), whi h was included in error. orized ig re Cc:File, ZBA, planning FORM NO. 3 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT OCT 2076 SOUTHOLD, N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: July 22, 2016 RENEWED: October 7, 2016 p TO: Croteaux Vineyards (4 Crows, Inc) 1450 South Harbor Road - Southold,NY 11971 Please take notice that your request dated July 1, 2016 For permit to legalize an"as built"tastingroom oom at Location of property: 1450 South Harbor Road, Southold,NY County Tax Map No. 1000—Section 75 Block 7 Lot 1_4 Is returned herewith and disapproved on the following grounds: Pursuant to Article III, Section 280-13, 4, (a)The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b)The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (d)The winery shall obtain site plan approval. ---------------- C:7�1------ Authorized Signature Cc: File, ZBA,planning RECEIVE® Fee.$ Filed By: Assignment No. APT 0 APPLICATION TO THE SOUTHOLD TOWN BOARD PEARWAh F APPEALS AREA VARIANCE House No.l'-/J-b Street Sc> l_ t H&213 o to l4Ilamlet k:Fy k o c 6]_. �[ SCTM 1000 Section 075 Block 7 Lot(s) 1.4 Lot Size 4.65 acres Zone AC, R-80 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED July 22,_2016 BASED ON SURVEY/SITE PLAN DATED July 28, 1990* *updated survey to come October 29,2016 Owner(s): Michael Croteau Mailing Address: 1450 South Harbor Road,Southold, NY 11971 Telephone:917-923-6072 Fax: None Email: me@croteaux.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: for( )Owner( )Other: Address: Telephone; Fax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names: (MoApplicant/Owner(s), ( )Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED July 28, 1990 and DENIED AN APPLICATION DATEDJU1y22,2016FOR: ( )'Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use °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: I-II Section: 280-13 Subsection: 4 Type of Appeal. An Appeal is made for: 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 ( )Reversal or Other A prior appeal has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). 3889 Year(s). 1990 . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# J Name of Owner: ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because:The property is 4.65 acres(PARCEL W)containing all original farm buildings dating back to the mid 1700s,has always been in active agricultural production and utilizes the pre-existing historic buildings.It is sur- rounded by hundreds of acres of vineyards and agricultural land including a 9.37 acre parcel('PARCEL B')owned by the applicant and directly adjacent on the East side of South Harbor Road.The requested change is related to a business that has operated at the site since 2007 with no negative affect on the neighborhood.The farms bordering to the South and East previously ran retail operations and commercial farming operations for many decades. 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 applicant owns two adjacent properties with separate tax map numbers,divided by South Harbor Road.Each of the parcels have vineyards planted on them.The project would comply with Southold Town's l0-acre minimum requirement for a winery operation if the applicant was able to combine the two parcels but cannot because of the public road dividing them. 3.The amount of relief requested is not substantial because: The relief sought does not require any subdivision,lot line change or change in physical boundaries of any kind.The property is zoned A/C and the request is for an agricultural use and the requested change complies with the buk schedule on the subject property.No new building construction or significant alteration is necessary.The existing historic structures have been used for this purpose since 2007 and will ci- continue to be used in the same manner. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The variance will not change or alter any physical aspects of the existing land or en- vironment. By allowing the variance it will further insure and maintain the existing farming use,preserving.the agricultural environment and historic farm which exists now. 5.Has the alleged difficulty been self created? { } Yes,or {x} No Why: The applicant is seeking a variance due to Southold Town code Article 111,Section 280-13.4.which requires a winery to"be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes,and which is owned by the winery owner." The two subject par- cels contain nearly 12 acres of land in vineyard production but they are divided by South Harbor Road.The parcels cannot be legally combined due to the road dividing them. Are there any Covenants or Restrictions concerning this land? { } No PC} Yes(please furnish a copy) See Peconic Land Trust Conservation Easment. 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. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) f Sw t fore me th, � day pq O of 20 RECEIVED o ubhc OCT 3 12016 BETSY A.PERKINS ZONING BOARD OF APPEALS Notary Public,State of New York' No.01 PE6130636 Oualified in Suffolk Cou � Commissiorf Expires July 18 APPLICANT'S PROJECT DESCRII"i.JN APPLICANT: Four Crows,Inc DATE PREPARED: 10-31-16 1. For Demolition of Existing Building Areas n 0 Please describe areas being removed: No demolition necessary. J t ✓ RprEamp II.New Construction Areas(New Dwelling or New Additions/Extensions). OCT 31 2016 Dimensions of first floor extension: No Additions/Extensions ZONING BDARD OF APPEALS 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)measured from natural existing grade to first floor: 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: No alterations or structural changes. 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: 6,875 Proposed increase of building coverage: No increase. Square footage of your lot: 202,554 Percentage of coverage of your lot by building area: 3.49% V.Purpose of New Construction: No new construction will be necessary related to the variance sought. 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): Flat farm land with landscaped borders,trees and gardens. 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. (See Attached Photos of pre-existing buildings on site). 4/2012 y QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? YRECEIVE es X No B. Are there any proposals to change or alter land contours? OCT 31 2016 X No Yes please explain on attached sheet. ZONrnta -'SOF APPEALS C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? n/a 3.)Is the property bulk headed between the wetlands area and the upland building area? No 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? n/a 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? No E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please 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? No 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? Yes If yes, please label the proximity of your lands on your survey. See Survey-Parcel A and Parcel B I. Please list present use or operations conducted at this parcel I.Existing single family home, 2.Vineyard/winery and the proposed use Same-Existing single family home with vineyard/winery (ex existing single family,proposed-same with garage,pool or other) Au lorize signature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 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 lire Suffolk County Department of Planning in accordance with Section 239m and 239n of lite General Municipal Law. RECEIVED 1. Name of Applicant: Michael Croteau (Four Crows,Inc.) OCT 2. Address of Applicant: 1450 South Harbor Road,Southold,NY 11971 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: OF APPEALS 5. Description of Proposed Project: Farm Winery containing 2 separate but adjacent parcels of land separated by South Harbor Road, SCTM# 1000-75-7-1 A(Vineyard and Winery Location)and SCTM#1000-75-7-22.9(Vineyard)totalling 14.042 acres 6. Location of Property: (road and Tax map number) 1450 South Harbor Road,Southold,NY 11971 SCTM: 1000-75-7-1.4 7. Is the parcel within 500 feet of a farm operation? {)4 Yes { } No S. Is this parcel actively farmed? 00 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 I. 1600-75.7.2 Bradley and Fran Anderson,642 Ocean Road,Vero Beach,32963 2. 1000.75.6-11 Bradley and Fran Anderson,642 Ocean Road,Vero Beach,32963 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Signature of App scant 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. 617.20 Appendix B .short Environmental Assessment Form Instructions for Completing Part l -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 subject to further verification. Complete Part 1 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. RECEIVED Part 1-Project and Sponsor Information OU 1 31 2016 Name of Action or Project: 28mimb 80ARD OF APPEALS Four Crows,Inc,-CroteauxVineyards Farm Winery Project Location(describe,and attach a location map): 1450 South Harbor Road,Southold,NY 11971 (See attached survey Parcel A and Parcel B) Brief Description of Proposed Action: The proposed action is a request for a variance at 1450 South Harbor Road,Southold,NY('Parcel A'SCTM# 100-75-07-22.9)allowing the adjacent parcel of farm/vineyard land('Parcel W SCTM#1000-75-07-1.4)also owned by the applicant,to be considered in order to satisfy Southold Town's requirement of I 0-acres for a winery operation. Name of Applicant or Sponsor: Telephone: 631-765-6032 or 917-923-6072 Michael Croteau E-Mail: me@croteaux.com Address: 1450 South Harbor Road,Southold,NY 11971 City/PO: State: Zip Code: Southold NY 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X 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? NO YES If Yes,list agency(s)name and permit or approval: Southold Town Planning Department-Site Plan Approval X 3.a.Total acreage of the site of the proposed action? 4.65 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 14..042 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑ Urban a Rural(non-agriculture) ❑Industrial ❑Commercial CK Residential(suburban) ❑Forest x Agriculture ❑Aquatic 6d Other(specify): Public Service- Parkland Fire Department Sub Station-Heliport Page ] of 4 RECEIVED 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? OCT 3 12016 X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the ex il or natural NO YES landscape? X 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: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Septic System X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X 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 ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban 0 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? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES X Page 2 of 4 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: X 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: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponso ame: Michael Croteau Date: 10-28-16 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" RECEIVED Z 1 No,or Moderate OCT 34 small to large impact impact ZONING'BOARD OF APPEALS- ` may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. f RECEIVED OCT 3 1 2016 ZONI14G BOARD OF APPEALS ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 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. YOUR NAME : Croteau,Michael,L. (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 X Trustee Permit Change of Zone Coastal Erosion 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 X If No,sign and date below.If 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 RECEIVED D)the actual applicant OCT 3 1 2016 DESCRIPTION OF RELATIONSHIP ' ZONING BOARD OF APPEALS Submitted this 31 day of October ,20 16 Signatu Print Name G4�_ /__ &-ZP Town of Southold LWRP CONSISTENCY ASSESSMENT FORM I 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 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 0 C T 3 1 2016 SCTM# 1000 _ 75 - 7-1.4 ZONING BOARD OF APPEALS The Application has been submitted to(check appropriate response): Town Board M Planning Dept. ® Building Dept. ® Board of Trustees I. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital 0 construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan,subsidy) (c) Permit, approval, license,certification: Nature and extent of action: Disapproval of Building Permit - 1 I Attach additional sheets if necessary 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) The requested variance would not impact air quality. fRr:CEIvr-p CT 2�t� ,ZONING BOARD OF AppE411-S Attach additional sheets if necessary 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 lid (Not Applicable—please explain) The requested variance would not be related to any environmental degradation or create any solid waste/hazardous materials. 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. nn ❑ Yel No LA (Not Applicable—please explain) The requested variance would have no affect on use of coastal waters or public lands. Attach additional sheets if necessary WORKING COAST POLICIES ' r � 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) The requested variance would not impact existing water use. J OCTA 1 9916 ZONING BOARDC)F App€agS Attach additional sheets if necessary 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 1�i Not Applicable—please explain The subject property is not in close proximity to wetlands,marine resources or coastal waters. Attach additional sheets if necessary 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 (Parcel 6)1450 South Harbor Road is part of a limited sub-division farmland preservation plan which preserved the old "Howell Farm" in 1988.(Parcel B)is part of a limited sub-division and farmland preservation plan in 1993 in which 12.5 of 17.5 acres of agriculture land was preserved.Since then the farm has been actively used as an organic vegetable farm and a vineyard since 2003.The subdivision plan located the lots to allow for optimal views of farmland,and no new roads were added.The plan also preserved old farm house and moved it 110 feet off road to futher allow for ag lands.Drip irrigation is installed thrughout the vineyard to allow for minimal water use and grass is-planted in all headlands to minimize erosion. Attach additional sheets if necessary 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—please explain There are no negative or positive impacts from the requested variance in relation to energy or mineral resources. r Attach additional sheets if necessary 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 L Yes R No a (Not Applicable—please explain) The vineyard was planted on the property in 2003 and has played a key roll in keeping a scenic vista from three different roads, South Harbor Road,Bayview Road,Baywater Avenue,and Grange Roads.These roads are high traffic volume secondary roads and the preservation of the land thru use as a farm-winery has benefited residets bordering the property as well as those driv- ing along the property's borders. RIEI;EIAb Attach additional sheets if necessary OCT 3 g 2016 NATURAL COAST POLICIES ZONING BOARD OF APPEALS 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 D No ® (Not Applicable—please explain) Property is not on coast or bordering wetlands. Attach additional sheets if necessary 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 0 No ® (Not Applicable—please explain) The requested variance would not impact the existing water use on the property. Attach additional sheets if necessary 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. 0 Yes [] No W (Not Applicable—please explain), The requested variance would not impact the existing ecosystem. Location of action: 1450 South Harbor Road,Southold,NY 11971 REC IVEI.S Site acreage: 4.65 Acres(Parcel A), 9.3741 Acres(Parcel B) OCT 34 2016 Present land use: Agricultural, Residential ZONING Qnnon OF APPEALS Present zoning classification: A/C R-80 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: Michael Croteau (Four Crows,Inc.-CroteauxVineyards) (b) Mailing address: 1450 South Harbor Road,Southold,NY 11971 (c) Telephone number:Area Code( ) (917)923-6072 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No Z If yes,which state or federal agency? DEVELOPED COAST POLICY 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) The project is on an historic farm that has been in active agricultural production since the 1700's. The applicantlowner purchased the propeM/in 1992 and then purchased the farm directly to the east of South Harbor Road in 1993. The site is part of a voluntary preservation plan and limited subdivision which the applicant implimented thru a Conservation Easement with the Peconic Land Trust in 1993 This plan reduced the density from a potential of 28 houses to 3 houses including the original historic farm. No public funds were used in the farmland preservation plan. As part of the limited development plan, the applicant also placed building restrictions in the conservation easement so that houses built on the new lots would have to be visually consistent with the historic architectural style of early Southold homes from the 1700 and 1800s. These efforts were undertaken in order to promote and enhance the community character of the area while also preserving agricultural lands.No new roads or excavation were needed in the design of the minor subdivision plan., 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) The property at 1450 South Harbor Road contains historic buildings dating back to the mid 1700's including an 1888 farm house, 1749 post-and beam barn and carriage barn and agricultural accessory structures totalling five buildings.The struc- tures were neglected and in dis-repair since the 1970s.Over the last 24 years,each structure has been restored by the appli- cant,and all are used for residential or agricultural purposes. Parcel B also contains historic structures including an 1850s farmhouse and barn which were preserved by the applicant against the advice of many who advised him to demolish the houses because of their deteriorated state.The requested variance will further promote the use of these structures enabling them to continue to be maintained as part of Southold's agriculture history. ' 1 i u - FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall �n Southold, N.Y. PRE EXISTING RECEIVED CERTIFICATE OF OCCUPANCY OCT 3 y 2016 Nc Z-20942 Date AUGUST 17 1992 ZONING BOARD OF APPEALS THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 1450 SOUTH HARBOR LANE SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 75 Black 7 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-20942 dated AUGUST 17, 1992 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 & STORAGE BARN The certificate is issued to ESTATE OF GEORGE J. WELLS (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. *THIS DWELLING IS NON-HABITABLE UNTIL MAJOR REPAIRS ARE COMPLETE (BUILDING PERMITS REQUIRED) di BuAd-ind Inspi6ctor Rev. 1/81 r - TO,.,-Lf OF SCUMOLD, N. Y- HOUaI::G CODC IiiSPECTION iR'?ORT Location 1450 SOUTH HARBOR LANE COTCHOGUE, A.Y. t I;umo-or ex L;tree c) k,•iu n-cipali r7) Subdivisiofan No. Lot(:,) RECEIVED Name of Owner(o) ESTATE OF GEORGE WELLS Occupancy I FAMILYTENANT OCT � � 2016 (type) owner-I;enant) AeLmitted by: MARION KING Accompanied by: SAME ZONING BOARD OF APPEALS Key available Suffolk Co. Ta:: No. 75-7-1.4 Source of request NORSTAR TRUST CO. EXECUTOR OF EST. Date JUNE 22,1992 MMLI`IG: Type of construction FRATI6 `s-tories 2 Foundation BRICK, SOME BLOCK Cellar loY Crawl space 90x Total rooms, 1st. Fl 5 2nd. F1 5 3rd. F1 Bathroom(s) 2 Toilet room(s) I Porch, type 2 OPEN ROOFED Deck, type Patio, type_ Breezeway Garage Utility room Type Heat ' )arm Air Hotdater Fireplaces) 2 No. Exits 3 Aircor_ditioning Domestic hotwater Xx Tyne heater L.P. Other ACC_SSORY STRUCTURES: Garage, type cons-c- 2 FRAME Storage, type const.(BARN7 FRAME Swimmin; pool Guest, type const. Other ACCESSORY STRUCTURES ARE IN NEED OF SOME REPAIR VTOLATT-ON.S: -CHAPTER 45--N.Y. STATE UNIFORM FI10' PREVENTION 5 BUILDING CODE Location Descrintion IArt. ) Sec. INTERIOR CHIMNEYS, FLUES, FIREPLACES GAS VENTS TO BE MAINTAINED SAFE AND SMO TIGHT 1243.1 INTERIOR TERMITE INFESTATION 1242.9 PROTECT STRUCTURAL MEMBER I 11242.7 ELECTRICAL SYSTEMS TO BE MAINTAINED IN SAFE 1 ' WORKING CONDITION I 1243.8 PLUMBING TO BE MAINTAINED IN A SAFE SANITARY T 1 AND SERVICABLE CONDITION. 1243.7 EXTERIOR HEAVY UNDERGROWTH TO HE ELIMATEU. 1244.1 M Rerla r%s: THIS DWELLING IS NON-HABIT UNTIL MAJOR REPAIRS ARE COMPLETE. RE I Insaccted b, - Date of Insp. AUGUST 4, 1992 THOMAS J. ISHE -Time Start 9:00 end 9:30 ' FORM NO. 4 TOWN OF SOUTHOLD � G BUILDING DEPARTMENT Office of the Building Inspector RECEIVED Town Hall Southold, N.Y. OCT 3 1 2016 ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No Z-23025 Date JANE 2, 1994 THIS CERTIFIES that the building ALTERATION Location of Property 1450 SOUTH HARBOR LANE SOUTHOLD House No. Street Hamlet County Tax Map No. 1000 Section 75 Block 7 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 8, 1993 pursuant to which Building Permit No. 21545-Z dated JULY 20, 1993 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 ALTER AND CONSTRUCT A FOUNDATION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to MICHAEL & PAULA CROTEAU (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. 4141-E JULY 20, 1993 PLUMBERS CERTIFICATION DATED PERFECTION PLUMBING & HEATING Bui ding Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector Town Hall OCT 3 1 2016 Southold, N.X. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-25501 Date: 01/23/98 THIS CERTIFIES that the building ALTERATION Location of Property: -1450 SOUTH_ HARBOR LANE (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 75 Block 7 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 29, 1994 pursuant to which Building Permit No. 22521-Z dated DECEMBER 7, 1994 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 RENOVATION & ALTERATION TO AN EXISTING "NON-HABITABLE" ACCESSORY BUILDING AS APPLIED FOR. The certificate is issued to MICHAEL & PAULA CROTEAU (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A I ELECTRICAL CERTIFICATE NO. 7495 03/29/95 PLUMBERS CERTIFICATION DATED N/A Bu4ding Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector Town Hall OCT 3 _1 2016 Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-28088 Date: 11/29/01 THIS CERTIFIES that the building ACCESSORY Location of Property: 1450 SOUTH HARBOR RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 75 Block 7 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 17, 2001 pursuant to which Building Permit No. 27672-Z dated SEPTEMBER 17, 2001 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 ACCESSORY INGROUND SWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR. The certificate is issued to MICHAEL L & PAULA S CROTEAU (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO_ 28526 06/09/99 PLUMBERS CERTIFICATION DATED N/A Authorized Sig ture Rev. 1/81 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 1S SOUTHOLD, L.I., N.Y. 11971 Ol �� TELEPHONE 1516) 765-1809 APPEALS BOARD MEMBERS ^ GERARD P.GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. ` SERGE DOYEN, JR. JOSEPH H.SAWICKI RECF;r1/Eb JAMES DINIZIO,JR. ACTION OF THE BOARD OF APPEALS .ZONING BOARD OF APPSgLS App1, No. 3889 Matter of TIMOTHY AND GEORGE WELLS. Variance to the zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section 106-20) , for approval of insufficient are in this pending division of land. Property Location: Southold Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.3, WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the application of TIMOTHY AND GEORGE WELLS, under Appeal No. 3889; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally view and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the west side of South Harbor Road, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 075, Block 07, Lots 1.3, 1. 4, 1.5. 2. This is an application for Variances from the Zoning Code Article III A, Bulk and Parking Regulations Section 100-30 A.3, Article I, Section 106-20, for approval of insufficient area in this pending division of land. ---- --------- ---------- 4 , Page 2 - Appl. No. 3889 Matter of TIMOTHY AND GEORGE WELLS Decision rendered January 9, 1990 3. • Article III A, Section 100-:30 A.3, no building or premises shall be used and no building -or part thereof shall be erected or altered in the Low-Density" Residential R-40 District unless the• same conforms to the requirements of the Bulk Schedule and of the Parking Schedule,',_ ith the same force and effect as if such regulations were set";=:forth herein in full. 4. In considering this application, the Board finds and determines: (a) that there is no other method for appellants to pursue; and sub-dividing the proposed division of land in any other area will require other variance relief; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance as applied. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in `the matter of the application of TIMOTHY AND GEORGE WELLS as applied under Appeal No. 3889. Vote of the board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio (Absent Serge Doyen and Joseph Sawicki) . This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY , THE SOUTf OLD TOWN CLERK RECEIVED DATE o?� +'-} c)L' HOUR 0 C T 31 2016 s� - — BOARD �'OI�IIVG OF APPEALS Town Clerk, Town of Southold 1 -F- �� � v �r 1 � �"R7R'.'11•�Y�itti r T 7tr r= to Ilk .L •rr WL 16i '' ... ANC ,w..."• wks A•` .bf A.rarl n ra ul � :�. • � • .• ,. �. � .. r � o, :. ..� r. r .. .:_ .: �..: . -vie.: .r,. .. � � _ _ — ` � 3��-- - 1 ,' r - � ,,� .,bra,� � �' i _ �� 4 �� _�ti ,` u ,M y�s' �' ��, � . • '� \ ' / ' S `./t�l�o � 6 ti' 1 �L� �w "� `` ~r. �.. ,: � � a. Vii►' u / —_�.x. �-r �; I :�;: - •� r.,;, �. Ei - ;, .. � � �� .. , "� - -: �!g� ;_ i J..�.T } 'fid- ! �'S/�/':ii I i. � It i it^.&l1ft, t �ilr►ra,- >, + I , �R :: r +moi I R a Mnlirrr� �� I ti Via' 'f +tt. .=•-1p^', jo Ann i r r ,t Frame Barn # 1 ,�:� 3 c. 1895-Wood frame,cedar shingle and vertical pine board siding,cedar shingle roof. 1,183 sq.ft. (Reconstructed 2003) ZONING BOARD OF APPEALS no MM i li MMM4 - EAST Elevation WEST Elevation Garden ' ZONINGc. 1994-Wood frame, cedar shingle siding, cedar shingle roof 34 sq.ft. •A OF u' ORTHEAST ElevatioNn Primary Residence- e7 0 c. iii wood frame,cedar • • • cedar, • •• • (Renovated1992-93) RECEIVED 1 ZONINGBOARD" OF •t ftir Aw EAST Elevation r X s Y f. . y l d � , �XHt3 ir3 DEED OF CONSERVATION EASEMENT U D THIS DEED OF CONSERVATION EASEMENT, is made on the _day of September, 1994. at Southampton, New York.The parties are BAYVIEW/SOUTH HARBOR LIMITED PARTNERSHIP with an office at 1450 South Harbor Road, Southold, New York 11971 (herein called the "Grantor"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York, Corporation, having a principal office at 30 Jagger Lane (P.O. Box 2088), Southampton, New York 11969 (herein called "Grantee"). RECEIVE® INTRODUCTION OCT 3 1 2016 WHEREAS, the Grantor is the owner in fee simple of certain real prop 41%vap #1000-75-4.0-22.1) located in the Town of Southold, Suffolk County, New York hereit�ae�pPEq�s P more fully described in EXHIBIT A attached hereto, and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the R-80 Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town of Southold code, Section 100-30; and WHEREAS, the Property has a yield of nine (9) single-family residences pursuant to said zoning code; and WHEREAS, the Grantor wishes to grant a Conservation Easement on the 17.5-acre parcel of Property so that a portion of the Property (hereinafter referred to as the "Open Area", B comprising approximately 12 acres,of the Property, more fully described in EXHIBIT B attached hereto) shall remain in its open, undeveloped, and scenic state, and another portion of lr the Property (hereinafter referred to as the "Development Area 1", comprising 2.5 acres of the Property, more fully described in EXHIBIT C attached hereto), may be developed with no more than the existing single-family residence and accessory structures, and another portion of the u Property (hereinafter referred to as the "Development Area 2", comprising 3.0 acres of the Property, more fully described in EXHIBIT D attached hereto), may be further developed with no more than three single and separate residences; and WHEREAS, the Property contains soils qualified as Class I and Class II worthy of conservation as Identified by the United State's Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County. New York; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the ` Town's resort and agricultural economy; and WHEREAS, the Property has a total of 1,700 feet of road frontage on both Bayview Road and South Harbor Road which offers the public a significant vista of scenic, open farmland; and WHEREAS, the Property in its present scenic, agricultural and open space condition has substantial and significant value as an aesthetic and agricultural resource by reason of the fact that it has not been subject to any extensive development; and b WHEREAS, the Grantor and Grantee recognize the value and special,character of the region in which the Property is located, and the Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and 1 intangible values -of the Property as an aesthetic and agricultural resource; and WHEREAS, the Grantee has determined it to be desirable and beneficial and has requested the Grantor, for itself and,its successors and assigns, to grant a Conservation Easement to the Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; 1 NOW,THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Exhibit A, free of any mortgages or liens and possesses the right to grant this Easement. 0.02 Grantee's Status Grantee warrants and represerits to Grantor that Grantee is a qualified not-for-profit charitable organization •under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and natural values of rural%WRED located in Suffolk County of Long Island. OCT 31 2016 0.03 Purpose ZONING BOARD OF APPEALS The parties recognize the environmental, scenic and agricultural values of the Open Area and have the common purpose of preserving these values. This Deed is intended'to convey a _Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for environmental, scenic, agricultural and natural values, by preventing the use or development of the Open Area for any purpose or in any manner contrary to the provisions herein, in furtherance of federal, New,York State and local conservation policies. 0.04 Government Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural and open condition through conservation restrictions by enactment of Environmental Conservation Law; Section 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, k at a duly constituted meeting of that Board, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. • 0.06 Documentation i The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present use of the Property is compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. (In order to aid in identifying and documenting the present condition of the Property's natural, wildlife, watershed, scenic, agriculture and aesthetic resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use of the Property and ensuring compliance with the terms hereof, the Grantee has prepared, with- the Grantor's full cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation") and shall submit the same to the Grantor for his review.). This f Baseline Documentation includes, but need not be limited to, an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures, if any. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 2 0.07 Recitation I� V In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. RECEIVED ARTICLE ONE 0 C T 3 1 2016 THE EASEMENT ZONING BOARD OF APPEALS 1:01 Type This Deed conveys a Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Deed. Reference to this "Easement" or its "provisions" in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, heirs, personal representatives, successors and assigns and all other individuals and entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each of its agents, successors, and assigns and each such following successor and assign, and the word "Grantee" when used herein shall include all of those persons or•entities. Any rights, obligations and interests herein granted by Grantor shall also be deemed granted by each of its agents, successors and assigns, and each such following successor and assign, and the word "Grantor" when used herein shall include all of those persons or entities. ARTICLE TWO GIFT GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, this Easement, in perpetuity, together with all rights to enforce it, as recited herein, against Grantor and all future owners, tenants, occupants, assigns and possessors of the Property. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners, tenants, occupants, assigns and possessors of said Property. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures The construction or placement of residential, commercial, industrial or other buildings or structures of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over or-under the Property except pursuant to Section 4.06 hereof. Structures and improvements, including, but not limited to, driveways, trails and agricultural structures as permitted in Sections 4.05 and 4.06 hereof, may not be made on, over, or under the Open Area without the prior written consent of the Grantee, which may be granted if the structure or improvement does not defeat or derogate from the purposes of this Easement. 3 / t R RECEIVED OCT 3 12016 3.02 Excavation and Removal of Materials ZONING BOARD OF APPEALS The excavating, mining or filling of the Property except as may be necessary to develop and maintain the 'single-family residences and appurtenant structures and improvements permitted in the Development Areas 1 and 2, and allowable non-residential improvements on the Property and to construct and maintain the permitted structures and improvements in the Open Area with the prior written consent of the Grantee. The removal of topsoil, sand, or other materials shall not take place on the Property nor shall the topography of the Property be changed except to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Areas 1 and 2, to construct and maintain the permitted structures and improvements in the Open Area and for purposes of erosion control and soil management with the prior written consent of the Grantee. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shall the Property be subdivided into more than four residential lots, as provided in Section 4.06 hereof. 3.04 Dum.pinq The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property. 3.05 Signs The display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name of the Property and the names and addresses of the occupants, b) temporarily to advertise the Property or any portion thereof for sale or rent (subject to and in accordance with Section 100-201 through 207 of the Zoning Code of the Town of Southold, as same may be amended from time to time), c) to post the Property to control unauthorized entry or use, and d) to announce the Grantee's conservation easement. 3.06 Landscaping Activities The removal of trees, shrubs, or other vegetation from the Property, except as provided in Sections 4.04 and 4.06. 3.07 Utilities .1 The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Open Area except with the Grantee's prior i written consent. Underground utilities must, to the extent possible, be constructed within 30 f feet of the center line of roads or driveways, and may be used solely to service the permitted f structures. 3.08 Uses The use of the Property for any commercial or industrial purpose except that agricultural uses expressly permitted in Section 4.05 shall not be considered a commercial or industrial use. i ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership i I Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. l,l 4 ' i RECEIVED OCT 3 1 2016 4.02 Possession ' ZONING BOARD OF APPEALS Grantor shall continue to have the right to exclusive possession of the Property. 4 03 se Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, and federal law which will not defeat or derogate from the purposes of this Easement. 4.04 Landscaping Activities Grantor shall have the right to continue the historical modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, dangerously decayed or damaged on the Property. 4.05 Agricultural Activities Grantor shall have the right to continue or restore the historical, locally typical and/or customary modes and levels of farming, Including pasturing, grazing, feeding and care of livestock and cultivation of crops, provided that such agricultural activity shall be conducted in accordance with the purposes of this Easement. Normal agricultural fencing and accessory structures, as provided in 4.06 B, and as may be reasonably necessary in connection with agricultural use and the maintenance of horses, sheep, beef or dairy cattle, or similar domestic livestock on the Property, may be constructed, maintained or replaced by Grantor with the prior written consent of the Grantee. 4.06 Structures A. Allowable Residential Improvements. Development Area 1 Grantor shall have the right to maintain, renovate and replace the existing single-family residence in the Development Area 1, with appurtenant structures and improvements reasonably necessary to serve such residence including, without limitation, driveways, garages, storage sheds, septic systems and leaching fields, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. In the event Grantor demolishes, removes or relocates the existing residence and/or accessory structures, Grantor may reconstruct a new, replacement single-family residence with accessory structures and improvements, and shall have the right to remove trees, shrubs, or other vegetation reasonably necessary to construct, repair, renovate, reconstruct, and maintain the single-family residence and accessory structures and improvements as permitted by the Town Code of the Town of Southold. Development Area 2 Grantor shall have the right to construct no more than three single-family residences in the Development Area 2 with appurtenant structures and improvements reasonably necessary to serve such residences including, without limitation, driveways, garages, storage sheds', septic systems and leaching fields, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. Grantor shall have the right to remove trees, shrubs, or other vegetation reasonably necessary to construct, repair, renovate, reconstruct and maintain the three single-family residences and accessory structures and improvements as permitted by the Town Code of the Town of Southold. All such residences, structures and improvements shall be constructed, maintained and replaced within the Development Area 2 as described in EXHIBIT D except as provided in Section 3.01. B. Allowable Non-Residential Improvements. Grantor shall have the right to erect and maintain the following non-residential f improvements in the Open Area which are necessary to and consistent with the agricultural uses as permitted in Sections 4,05 and 4.06 hereof: i ( i ) Agricultural Structures, including but not limited to barns, sheds, and silos as is necessary for the agricultural use of the Open Area, placed such that they do not detract from and adversely affect the scenic value of this Easement. Such Structures are subject to the provisions of the Town Code of the Town of, Southold; and 5 RECEIVEl7 00CT 31 2016 ZONING BOARD OF APPEALS (i i ) Access Drives, to provide access to the improvements permitted herein, a foot trail for foot traffic only for the sole use of the future owners, tenants, occupants, assigns and possessors of Property; and (iii) Fences;and (Iv) Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling stormwater runoff from the improvements permitted under the terms of this paragraph B hereof. Any such underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. C. Replacement of Structures In-Kind. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee. D. Environmental Sensitivity during Construction. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including architectural plans of any proposed structures which are subject to Grantees approval which shall not be unreasonably withheld. Such approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 4.08 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any ' conveyance of any interest in the Property, including the full names and mailing addresses of all ' Grantees, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such Instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments i Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges which may become a lien on the Property, including any taxes or levies imposed to make those payments. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee; shall become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of 6 A' RECEIVED interest from time to time charged by Citibank, N.A. OCT 3 12016 ARTICLE SIX ZONING BOARD OF APPEALS INDEMNIFICATION 6.01 Grantor's Obligations Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed -upon Grantee arising from the physical maintenance and upkeep of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations: 6.02 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorney's fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: a) from injury to persons or damages to Property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SEVEN GRANTEE'S RIGHTS 7.01 Entry and' Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon reasonable prior notice to Grantor, and in a manner that will not interfere with the Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 7.03, nor to permit access upon the Property by the public. 7.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that -the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 7.03 Enforcement Rights of Grantee i Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default, or violation of any term, I provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the Open Space Values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or I permanent injunction, (ii) to enter upon the Property and exercise reasonable efforts_ to terminate or cure such breach, default or violation and/or to,cause the restoration of'that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as Is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or ! 7 (iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "legal expenseSily IveD connection with any proceedings under this Section.7.03. OCT3 -12016 7.04 No Waiver ZONING BOARD OF APPEALS Grantee's exercise of one remedy or relief under this ARTICLE SEVEN shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 7.05 Assignability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of its rights, title and interest in and to this Easement only to a qualified organization (herein called "the Assignee"). As used herein: the term "qualified organization" means a not-for-profit corporation or governmental unit or agency which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code. Any assignment by Grantee or Grantee's successors must require the Assignee or Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment. 7.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170 (h)(3) then this Easement shall be vested in the Town of Southold or such other qualified organization the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its right, title and interest in and to the Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in and fall upon another qualified organization in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 7.07 Extinguishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 7.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this ' Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material ! unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement or i any material term or provision hereof by a judicial proceeding; then upon a subsequent I transfer of title to the Property by sale, gift, devise, exchange, taking by eminent domain or by purchase in lieu of a taking, Grantor shall pay to Grantee an amount equal to the greater of (x) the consideration paid by Grantee to Grantor for this Easement or (y) the Proportionate Share of the proceeds of such transfer. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection_with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a 8 manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 7.07 shall be in .addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. RECEIVED ARTICLE EIGHT, OCT 3 1 2016 MISCELLANEOUS i ZONING BOARD OF APPEALS 8.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its i subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 8.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170 (h). The parties agree to amend_ the provisions of this Easement in such manner as may be indicated by the Internal Revenue Service, as a result of final determination after audit of the federal income tax return of the Grantor, to entitle the Grantor to the charitable deduction described in I.R.C. Section 170 (h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be terminated or modified only in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that - circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. To this end', Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the basic purposes of this Easement set forth in the Introduction hereof; provided, however, that Grantee shall have_no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Internal Revenue -Code governing "Qualified Conservation Contributions." The parties acknowledge the boundaries of the Open Area and the Development Areas may have to be adjusted to accommodate the Town of Southold at such time that the Property is - subdivided as provided herein, and the parties agree to cooperate in such boundary line adjustments as may be necessary, provided said adjustments would not result in diminution of the Open Area or an increase in the number of lots or primary structures to be developed by the Grantor. ; i 8.03 Severability Any provision of this Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 8.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or-by mailing'in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such,other address as Grantor may designate by notice in accordance with this Section 8.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 8.04. Notice shall be deemed 9' ' i S given and received as of the date of its manual delivery or the date of its mailing. 8.05 Governing Law i New York law applicable to deeds and conservation easements pertaining to land located ! within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 8.06 Interpretation , Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this - Easement as intended by Grantor. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by Grantor. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. ; 8.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. r 8.08 Warranties The warranties and representation made by the parties in this Easement shall survive its execution. 8.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. ' 8.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient I reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. �! ACKNOWLEDGED AND ACCEPTED: BAYVIEW/SOUTH HARBOR LIMITED PARTNERSHIP (Grantor) RECEIVED 1:iY`a OCT 3 1 2016 Michael Croteau (Grantor) ZONING BOARD OF APPEALS .I General Partner ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST(Grantee) BY:— J�5 v.H. Halsey 6 Its President 10 : : - elf STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On thisa�� day of September, 1994, before me personally appeared Michael Croteau who, being by me duly sworn, said that he resides at 1450 South Harbor Road, Southold, New, York, 11971 Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same . -Notary Public HELENE D.HORNE Notary Publio,State of New York No.4951364 Qualified in Suffolk County c� Commission Expires May 22, 19 G STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this day of September, 1994, before me personally appeared JOHN v.H. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York,that he is President of PECONIC LAND TRUST, INCORPORATED,the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the Bo of Directors o th said Co oration. Notary Public EMU P.SHARRETTS JR Notar Pum S&M of New EXHIBIT A: Metes and Bounds Description of the Property. EXHIBIT B: Metes and Bounds Description of the Open Area. EXHIBIT C: Metes and Bounds Description of the Development Area 1. EXHIBIT D: Metes and Bounds Description of the Development Area 2. RECEIVED OF APPEALS ZONING BOARD f "•F f -F •Y$ ,t _ '•i�it 1 1 •,t t r, - September 27 , ,1994 411 Bayview' South Harbor Limited Partnership Surveyor's Description - "Property" Subdivision Perimeter ALL that certain plot, piece or parcel of lend, with the buildings and . improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk, and State of New York, know and designated,�as. '"Minor Subdivision - Bayview South Harbor Limited Partnership'" , ' more particularly bounded and described as follows: BEG,ZNNING at a point on the westerly side of Main Bayview Road, at the northeasterly corner of land now or formerly. Southold Fire District, said ' po, nt being situate North 00 deg. 13 min. 00 sec. East 217 . 25 feet as mea,sured' along the• westerly side of Main Bayview Road from the interse`dtion of the northerly' sIide of Baywater Avenue (also known as ; Freeman's 'Lane) and the westerly side of Main Bayview Road; RUNNING thence from said point- of beginning along land now or formerly Southold Fire District the following three (3) courses and , distances:" 1. , South 73 deg: 38 -min. 20 sec. West 500. 50 feet, 2 . North 08 .deg. 20 min. 40 sec. West 50 . 00 feet, 3 . South 72 deg. 32 min. 50 sec. West 200. 00 feet to the easterly side of South' Harbor Road; , RUNNING thence North 08 deg. 20 min. 40 •sec. West along the easterly side of South Harbor Road 814 . 80 feet to land now or formerly Frank Buonaiuto; _ RUNNING thence North 79 Oeg. 22••min. 1b sec. East along land now or formerly Frank Buonaiuto and along-Vthe south erly• boundary of Subdivision - "South Harbor Homes" , Suffolk County File No. 4096, 1214 . 82 feet to the westerly side of Main Bayview Road; RUNNING thence South 20• deg. 45 min. 00 sec. West along -the westerly side of Main Bayview Road ,301. 6'6 feet to land now or formerly George A. Stepnoski; , RUNNING thence along land now or formerly George A—Stepnoski the following three (3) course and distances: 1. South 84 deg. 45 min. 00 sec. West 173 . 00 feet, 2 . South 02 deg., 27 min. 00 sec. West 85. 00 -feet.., 3 -.. North 88 deg. 26 min. 00 sec. East 129 . 00 feet to the westerly s•ide �df °`.Mai;n�•,Bayview ,Road; 'j ,�. ,,. �,, RUNNING, 'thence along the westerly Side of Main Bayview Road the r �follow`inq—, two (2) courses and distances: South 26 deg., 3 1 min. 00 sec. West 132 . 91 feet; 2 .;. South 25 deg. 50 min. 20 sec. West 422 . 81 feet to land now of ,'formerly Southold Fire District and the point or place of BEGINNING. dontalning` ah area'`of 17 . 5473 -Acres. " OARD OF APPEALS ZONING'S .. gid. TOWN OF SOUTHOLD PItOPERATY a IRECOR:D CARD. � § . OWNER STREET C� Jr" VILLAGE DIST. SUB. LOT r � L \9 uJIji- S Oro u I t �ORMER OWNER\/ 1 � N �� / E� / _ A�CR, S S W-j / TYPff OF BUILDING 1� !>l'y 'i '��-�-�L-s--;,� �7 • j�y-� �. Gil. �C.�= l �1 G'. ,d 4�G �f � RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value to LAND IMP. TOTAL DATE REMARKS ® 6 `` ." / 5' "r/K2 464t 4 L 76,240p-2 72, 6 cg o `f. o /3 15-h 6 2- S-Z ZZ1/I 4( /? /3G 3f � v 7S= 7--/, 2) 7 `;Q G� ���C"7 G C_'� F�l c_ e !CC> A J CDC n .G 1153 5'7- k s est f .5 " d-rao S: 60d�P�t 0-cro (0q00 r Otn6 /4 1 D `'� C-0 , �,`o �i/o7�� / �U �O� �i�L�!'�IAYIII��.SWI•mr+n 1+7 G ��� f .3Q � , / -� I� — FAR Zc90 b u b &r kc 2 9 f'7 X02 (� a c i f l 4- G , 1�U _ 1 _ © �%� Tillable r _ / FRONTAGE ON WATER 3 �� -/ �,��°U � � (� - 1%�✓Q :�7� :�;,.. WoodlandFRONTAGE ON ROAD 11�� r� RECEIVED d — Meadowland DEPTH 01f ( OCT 31 2016 BULKHEAD �! / I( o O House Plot ° . ,` ` DOCK ( � (/ Total e '" -.Pig $0-AR-P OF APPEEALS ""' 3 r Z ! ? � � _ 1; 10175 1 r s'0 Af � rH"Y•~�'�.F • A4`Ty, yNEW j� S jes,i �+a a �e��•�}���«., �'xi{�� ,� V Y �x5 'M. JY•C• 1 (b,S' / `\�����!`� ��..�^R �Z'�'+(a}"�•,., yt gy -'*'h {(�j�7(�' �"ra?.' .�„�. r.• Y af��,{i-Tc�,.1. � �. • k •ry} '' �Y�Y i a. �l� Y r, a S i'.t7'a{ �C r��'tyYt►.a t ; act °a,r ■ ■■■■■N ■■■ ® ■■■ ■■■ M ONE .I�� ,;t• {y1� .yy� �.x. t Sn "" x i ��+� .� ~} � �h�y{ ■■ N N No M n. � �,1 t..:,z f r ,�Ilt� �w 'a=�'L�y,G�. .� �a�.r.t a •ti.R�y .* ,,,,, � •• t A � t'�� � { Y.`:✓ N� �y _'�?'*{^�4 +a `}�.nt�^ 1' ��t�'M•� Y ■■N■■■■N■■N■1N ■■■ ■■ ■■iWI■NISM ■■■■■ �'��, EEEEEENNEEf.JNiE�1�N®NN NNNE ■■ MONO IM MEN ■ r t Y Fj � ■EN■■� M ENO ..y uY, ,tii. �?�"'.sa'snr•�"r'sY1.>' '4zyl� w,:r k ai •ss tf +"t r �^" i L ��� „N 4 � a 7j J jc wf 4.a,V. A•�rt •.x ■■ ■■■ ■N `■iii■■"S ■■N k a'Yr++f m y q trK •� +r,e a �.f'G ''•`,f f x ,s 'y{ °,TtwYA 'Y t•Y`f V,�•{x''«��+`isc��a Y=N��� �y t 4Fs~ r�'s�xr r >,ti. E,�'`I P y.a'4 ,� xf+}�� �Y��x �J��L�,y�� ■ EENNNEEEN■'■E ■N■ ■ rS r �, -gib - {•. �,.n,. . �a ,,, . k .rt, =-. 4 NI■■■MEN INE■E.1�■■■ EN■N ■ ENE■■■NIEEUNEME■EN■E■ N■ E■ ■■■■■ ■■■■■on NNE ■■■■N■■■■ ■■N■ ° � ■■EEE■E■■■■■■■■■■■ ■ ■ ■■ ■E■E■N■■■■■■■IMEN ■■� N Foundation -Basement' •• 'Fire Place Type Roof Rooms I st Floor 0 �� r• - Driveway x\ ELIZABETH A.NEVILLE,MMC may. s/ Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 C Southold,New York 11971 REGISTRAR OF VITAL STATISTICS V ® Fax(631)765-6145 MARRIAGE OFFICER �Q 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: November 4, 2016 RE: Zoning Appeal No. 7013 Transmitted herewith is Zoning Appeals No. 7013 for Croteaux Vineyards (4 Crows Inc.)- 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, LWRP Consistency Assessment Form,Notices of Disapproval, Pre-Existing Certificate of Occupancy, Housing Code Inspection Report, Certificates of Occupancy, Action of the Board of Appeals, Photos, Deed of Conservation Easement, Property Record Card, and Survey. i \r P * * * RECEIPT * * * Date: 11/04/16 Receipt#: 214249 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7013 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#5053 $500.00 Vineyards, Croteaux Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Vineyards, Croteaux 1450 S. Harbor Rd Southold, NY 11971 Clerk ID: SABRINA Internal ID:7013 51301(-7 - Q m4" to(2-4q-fb A4 e-",,.o +-T Twomey, Latham, MAILING ADDRESS. Shea, Kelley, Dubin & Quartararo LLP Post Office Box 9398 Riverhead,New York 11901-9398 Attomeys at Law MAIN OFFICE: Thomas A.Twomey,Jr. 33 West Second Street (1945-2014) Riverhead,New York 11901-9398 Stephen B.Latham Telephone:631,727.2180 John F.Shea,III Christopher D.Kelley MAY 3 0 2017 Facsimile: 7.1767 David M.Dubin° www.suffolklaw.caw.com Jay P.Quarramro T Peter M.Mott p 4 • Zoll mfinnegan@suflolklaw,com Janice L.Snead BY:— -- Extension 265 Anne Mane Goodale Direct Fax:631.574.1258 Bryan C.Van Cott- Kathryn Dalli Laura 1.Dunathan May 30, 2017 Lisa Clare Kombnnk Patrick B.Fife Melissa H.Sidor Via: Electronic Mail Martin D.Finnegan Reza Ebrahimi Bryan J.Dmgo Leslie Kanes Weisman, Chairperson Bernadette E.Tuthill Town of Southold Zoning Board of Appeals Craig H.Handler P.O. Box 1179, 543 75 Main Road Alexandra Halsey-Storch Melissa S.Doris Southold,New York 11971-0959 Daniel R.Bernard•° Katerina Grinko OFCM45M Re: 1450-South Harbor Road, Southold,New York Kevin M.Fox SCTM: 1000—75—7—1.4 Karen A.H(-&g Kelly&Kinirans AC Zoning District Jennifer P,Nigro• Application #7013—Croteaux Viney rds Patricia].Russell ° NYsuBnps u.M a+rnxnnoN Dear Chairperson Weisman: � NY 6 M sops NY,NJ h FA BARS As you are aware,this office represents Michael Croteau and Four Crows, Inc. in their application for area variance relief necessary for the continued operation of the Croteaux Vineyard and Tasting Room, Due to an unforeseen scheduling conflict, Lam unable to attend the continuation of the public hearing, currently scheduled for June 1, 2017, and as such, we respectfully request that the matter be adjourned to the July ZBA meeting. Should you have any questions regarding this request or require any further information,please do not hesitate to contact me. Thank you for your consideration. Very yours, OTHER OFFICE LOCATIONS: 20 Main Street East Hampton,NY 11937 Martin D. Finnegan 631.324.1200 51 Hill Street MDF/lk Southampton,NY 11968 631.287.0090 cc: Michael Croteau(via email) 490 Wheeler Road Suite 150 Hauppauge,NY 11788 631.265.1414 56340 Main Road P.O.Box 325 Southold,NY 11971 631.765.2300 �- Twomey, Lathan ; MAILING ADDRESS: Shea, Kelley, Dubin & Quartararo LLP Post Office Box 9398 Riverhead,New York 11901-9398 Attomeys at Law MAIN OFFICE: Thomas A.Twomey,Jr. 33 West Second Street (1945-2014) Riverhead,New York 11901-9398 Stephen B.Latham John F.Shea,III Telephone:631.727.2180 Christopher D.Kelley Facsimile:631.727.1767 Nvid M.Dubin> wwwsuffolklaw.com Jay P.Quartararo r Peter M.Mott mfinneganCsuffolklaw.com Janice L.Snead Extension 265 Anne Mane Goodale Direct Fax:631.574.1258 Bryan C.Van Cott Kathryn Dalli Laura 1.Dunathan May 18, 2017 Lisa Clare Kombrink Martin � � Patrick B.Fife qN Melissa H.Sidor y Hand p Man D.Finnegan nq Reza Ebrahimi MAY 1 �Q11 Kelly E.Kinirons Members of the Zoning Board of Appeals Patricia J.Russell Town of Southold �a Bryan J.Drago �®/:m �„�® .®®®®a.p... Bemadcue E.Tuthill 54375 Main Road, P.O. Box 1179 11 Craig H.Handler Southold,NY 11971-0959 Alexandra Halsey-Srorch Melissa S Doris Daniel Bernard• Katerina Grinko Re: 1450 South Harbor Road, 7 Southold New York OF COUNSELSCTM: 1000—75—7— 1.4 ' Kevin M.Fox A-C Zoning District Karen A Hoeg Jennifer P Nigro Application #7013—Croteaux Viney ards • --ppeaux v NY&LAMRS LL,i waAxn(,N N1 b N)BART Dear Chairperson Weisman and Members of the Zoning Board of Appeals: . v NY,14J4PABARS I am writing to address the arguments raised by Harvey A. Arnoff, Esq. in his correspondence to the Board, dated May 11, 2017, and in further support of the Application of Croteaux Vineyards to legalize an as-built winery and tasting room on their farm on South Harbor Road in Southold. At the outset, I note that the testimony presented to date clearly establishes that the subject premises has, and continues to operate, collectively with the adjacent 9.4 acre parcel, as a single farm operation and the County Agricultural and Farmland Protection Board has so agreed. Contrary to Mr. Arnoff s assertions, the parcels are contiguous and in common ownership and, as previously submitted, but for the existence of South Harbor Road, they could and would be legally merged. During the course of the public hearing, the Board raised questions regarding the level of production of wine taking place at Croteaux Vineyards. It is not disputed OTHER OFFICE LOCATIONS, that Croteaux produces wine off-site at the Premium Wine Group in Mattituck. In 20 Main Street addition, however, as explained in the Affidavit of Michael Croteau submitted for the East Hampton,NY 11937 record this date, Croteaux Vineyards produces twice the volume of wine required by 631.324.1200 y 51 Hill Street the State of New York each year by Farm Winery Licensees. Southampton,NY 11968 631.287.0090 The Southold Town Code is devoid of any threshold, standard or criteria 490 Wheeler Road establishing the volume of wine made primarily from Long Island grapes that is to be Suite Iso produced at a wine y q g Hauppauge,NY 11788 P winery. As such, the Code merely requires a showing that wine is 631.265.1414 produced on premises. As confirmed by Mr. Croteau's Affidavit, Croteaux 56340 Main Road Vineyards was issued a Farm Winery License by the State of New York and a Federal P.O.Box 325 Basic Permit from the Alcohol and Tobacco Tax and Trade Bureau of the U.S. Southold,NY 11971 631.765.2300 Department of the Treasury. �ID Members of the Zoning Board of Appeals May 18, 2017 Page 2 of 2 In accordance with Section 76-a(8)(b) of the Alcoholic Beverage Control Law, a copy of which is appended to Mr. Croteau's Affidavit as Exhibit D, only 50 gallons of wine production is required annually for the operation of a Farm Winery. It is respectfully submitted that, in the absence of any local law expressly establishing a more restrictive standard, the State Law standard controls the production requirement. Here, Croteaux Vineyards produces over 100 gallons of wine annually on-site, which is more than twice the production required under State Law. The absence of a larger wine processing facility on-site does not preclude the existence of a winery and tasting room under our Town Code. As such, Croteaux Vineyards meets the standard set forth in Section 280-13(A)(4)(a)of the Town Code. In addition, the suggestion that a use variance would be required to allow the continued operation of Croteaux's winery and tasting room is simply absurd. Croteaux is not seeking to operate a retail liquor store on its 14 acre farm. Croteaux Vineyards is an established farm winery operation that only offers wines produced from the grapes grown on its vineyard for tasting and sale on premises, a use which is expressly permitted in the Agricultural-Conservation Zoning District. Lastly, Croteaux Vineyards understands that any relief granted by this Board will be subject to site plan approval. As such, it is respectfully requested that the variance relief requested be granted in its entirety. Very truly yours, Martin D. Finnegan MDF/ik -LP e0ArC0+_-Fm 5 s ZONING BOARD OF APPEALS MAY 18 2017 TOWN OF SOUTHOLD ---------------------------------------------------------X BY-_ ID In the Matter of the Application of Croteaux Vineyards#7013 AFFIDAVIT For a variance from the requirements of Section 280-13(4) of the Code of the Town of Southold ---------------------------------------------------------X STATE OF NEW YORK ) )ss.. COUNTY OF SUFFOLK ) Michael Croteau, being duly sworn, deposes and says: 1. My name is Michael Croteau and I am the President of Four Crows, Inc. which does business in the Town of Southold as Croteaux Vineyards,the applicant in the above-captioned application. I submit this Affidavit in further support of our application for a variance to allow the continued operation of our farm winery on two adjacent parcels on South Harbor Road in Southold and to address certain questions raised by Members of the Zoning Board of Appeals at the public hearing on May 4, 2017. 2. Appended hereto as Exhibit A is a true and correct copy of the Basic Permit issued by the Alcohol and Tobacco Tax and Trade Bureau of he United States Department of the Treasury that authorizes Croteaux Vineyards to engage in the business of producing and blending wine on the subject premises. 3. Appended hereto as Exhibit B is a true and correct copy of the Farm Winery License issued by the New York State Liquor Authority authorizing Croteaux to operate as a farm winery on the subject premises. 4. Appended hereto as Exhibit C is a true and correct copy of the Registration as a Distributor of Liquor, Wine, Alcohol and Distilled or Rectified Spirits issued by the New York State Department of Taxation and Finance to Croteaux Vineyards. 5. Appended hereto as Exhibit D is a copy of Section 76-a of the-Alcohol " Beverage Control Law that pertains to farm winery licenses and states in pertinent part at Section 8(b)that"any person licensed under this section shall manufacture at least 50 gallons of wine per year". 6. Croteaux Vineyards currently produces 110 gallons of wine in its farm winery each year, bottled on site in July and October,which is more than double the minimum threshold for the operation of a farm winery under State law. 7. My attorney advises me that there is no minimum production threshold for the operation of a winery under Federal law or under the Southold Town Code. 8. It is respectfully requested that the variance relief requested be granted in all respects. MI AEL CROTEAU Sworn to before me this da , 2017. Notary'A YR(I D. FINNEGAN Notary Public, state of New York No. 01F16056707 Qualified fn Suffolk Coun CQMMission Expires March 26,10 t� Exhibit A rro rix �.� ;`•aper from sc respmis bio rcz<irnea A-< FSCY 0094366 / - DEPARTMENT OF THE TREASURY–ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 1.PERMIT NUM13ER BASIC PERMIT — 2-DATE OF PERMIT (Under Federal Alcohol Administration Act) APR 0 4 2007, 5.NAME AND ADDRESS OF PERMITTEE(Number and street,city or town,State and Zip Cod–e) 3.REGISTRY NUMBER(if applicable) i' Four Crows, Inc. 4.DATE OF APPLICATION --- Four Crows JANUARY 2, 2007 1450 South Harbor Road NY 11971-4507 ' Southold, ' ' 6 TRADE—''--A-------- THIS PERMIT name approval does not constitute ' approval=abrand name for la"='epwpvxe� If needed,pmonn��o mweo�n continuation sheet) > ' Croteaux 7.PERMIT GRANTED FOR(ONE TYPE OF OPERATION ONLY) ' Pursuant mthe application of the date indicated mitem 4,you are authorized and permitted mengage,at the above address,in the business of � n. F-1 Distilled Spirits-[:] djstillerE� rectifier(processor) Fl warehomemanandlor� �ehn�m�s�/�ero������ to/ e�|.n�rmdehwa �raol�con�o�msell .��h�n��m�m�nsm� --ce,the d�W�dop��ood�i!�dme��ed.or ` , warehoused and bottled,orthe wines uorectifi*d. � F7VNne- F71 producer and blender 7 blender and while so engaged,to sell,offer or deliver for sale,contract to sell or ship,|ninterstate m foreign commerce,the wine ooproduced orblended, ' � �� i c uImporter'importing into the United States the following alcoholic beverages: and i while so engaged,to sell,offer to deliver for sale,contract to sell or ship,in interstate or foreign commerce,the alcoholic beverages so | imported, ` , ^. � d. U � �olesaler-Purchasing for ree�ut�o��the�Um��a������ �' andwhi�aoengaged.to,eoakm or oMero,deliver for sale,oooba�moe||urumn.inintemtmoorh,reignoummeoe.meakmhoUc / beverages ooPurchased. ' � This Permit inconditioned upon yournompUence with the Federal Alcohol Administration Act,the Twenty-first Amendment and laws relating to its \ enforcement;all other Federal laws relating todistilled spirits, i and malt beverages,including taxes with respect mthem'the Feoem|VVa�, | Po|bVnnComm}8�;and,all upp|� � o� egu|�mm � numudapuuoto|owwmoV � hereafter ' ^ This basic permit meffective from the date shown above and will remain in force until suspended,revoked,annulled,voluntarily surrendered,or � automatically terminated. � THIS PERMIT WILL AUTOMATICALLYTERM|w/TETH|RTYDAYG*FnERANYCMANSs|NPROPR|ETOxGo|PORCONTn0LnFTHE | BUSINESS,unless onapplication for anew basic permit mmade b the transferee or permittee within the thirty dan d |fwnapplication for unew basic � permit is timely filed,the outstanding basic permit will continue in effect until the application is acted on by the District Director.Alcohol and Tobacco Tax and rmma8vmuv � , i THIS PERMIT IS NOT TRANSFERABLE. ANY CHANGE IN THE TRADE NAME,CORPORATE NAME,MANAGEMENT OR ADDRESS OF THE BUSINESS COVERED BY THIS PERMIT,OR ANY CHANGE IN STOCK OWNERSHIP(MORE THAN 10%)MUST BE REPORTED TO THE NATIONAL / REVENUE CENTER 0RPUERTO RICO FIELD OFFICE WITHOUT DELAY. [. THIS IS AN Z ORIGINAL PERMIT AMENDED PERMIT REASON FOR AMENDMENT DATE OF AMENDMENT IGNATYRE ^ � . �~ ~ ' �-� FOR | \ - - '-- � ` Exhibit B mix i kiK seria r 5 N ii srj;:•r '"'\;q€.,7hxaF;", (" % € >'" d':<;; •nq'#',<°l --,�"•\xi , ;.5'sY;r�� � �' €` l_ V, rr f£ —; "ma4:...w.--��♦a.�:a��v.�sm'rr. ''�"r` •y � ,y' '� ' 4 4 Q16 FARM WINERY LICENSE EFFECTIVE DATE: 04/18/2 ox 'Fa, . _ U'r- sxpiRATiox DATE: 4/30/2019 SERIAL #: 1192921 CERTIF COUNT ICATS 878375 Y: SUFFOLK ix -7 �73 AM E EARN THE LICENSEE DESIGNATED BELOW IS HEREBY GRANTED PERMISSION, UNDER THE ALCOHOLIC BEVERAGE CONTROL LAW TO TRAFFIC; TYPE OF I_ICEI`iSE INDICATED IN THE UPPES LEFT HAND CORNER Of THIS CERTIFICATE AND "A IN ALCOHOLIC BEVERAGE PURSUANT TO THE S PEnTAINING THERETO,' ACC6nbINQ TO THE STATUTES AND stamxnom to THIS LICENSE SHALL NOT BE TRANSFERABLE 'TO ANY OTHER PERSON OR TO ANY OTHER PREMISES OR TO ANY OINER cc uj PART OF THE BUILDING CONTAINING SUCH LICENSED PREMISES: IT SHALL NOT BE DSEMED A PROPERTY OR VESTED RIGHT, AND cr MAY BE REVOKED AT ANY TIME PURSUANT TO'LAVJ METHOD) Or OPERATION . FARM WINERY < -T 0 Moo LICENSE FEE $375.00 FOUR CROWS INC CROTEAUX 12 1450 SOUTH HARBOR ROAD C)A4 SOUTHOLD NY 11971 vintent G. Bradley Chairman Z�ul BEFORE COMMENCING OR DOIN43 ANY'BUSIN ESS FOR THE TIME FOR WHICH THIS LICENSE,HAS BEEN ISSUED,THE SAID LICENSE 814ALL - WOOD OR METAL.bAC T14AT ug- SUITABLE-WOOD 08 METAL FRAMES HAVIIN0,A CLE4R GLASS SPACE AND A SUBSTANTIAL BE ENCLOSED IN A 0 AT ALL TIMES DISPLAYED IN A CONSPICUOUS PLACE IN, LE OF SAID LICENSE MAY BE SEEN THEREIN,AND SHAIJ_BE POSTED UP AN Ft IF WHO NS VISITING SUCH PLAGE MAY READILY SEZ THE SAME, 4'r.F; -SS IS CARRIED ON.SO THAT ALI.PERSO THE ROOM WHERE SUCH SUSINU Certificaw No V°. W-�;; k V, 4W a "'Z � G Q 3 Al W. W 4 --T x, HF Exhibit C MIX 3. FC fes"ma FSC!M4366 ........... 1.711N: 205941396 New York State Department t"Faxation and Finance No. L-4.080 2 1, �20 1A Albany NY 12227 Date: May 1'e, Alcollat OIL and 1, '180! ar wi 9 <ii f f FOUR CROWS, INC. DBA, CROTEAUX 1450 SOUTH 11ARBOR RD SOUTHOLD, NY 11971 (I or rectified spirits pursuant ls.rqistered as adistributor of, distiiie to the provisions of Article 18 of the New York State Tax A violation.of any provisiofi of ArLiCleS,18 of the Tax Law'o,r any'requiremen("rule, or regulation of the Department ofTaxation arid Finance made the f Z� S listed in sced-6n 42^1-of the,rax Law, shall constitute sufficient CaU.Se foe'purs6ant W Article. I 8.of the Tax,Law or tile existence o any ground H, canceiation of this'-registration. -able and shall r ail, in,force until canceled. Any change of address of distfibutor, ot�,change of officers oi- rezistratibn certificate,is not transfer, ein This directors. or their addresses. shall be irrinj�dic'ftly reported to the Tax Department. i'� o Thomas H. Mattox, Commissioner Commissioner of Taxation and Finance ".7 Exhibit D' i Mixed Sources :w ow fsc mg Cert ro SIW-COC-002980 F`SC n:4996 F or,o S1xrmar&Fill)COUTMI ,_ Farm winery license I NY State Senate ( 5/15/17, 9:56 AM *-7ol3 Alcoholic Beverage Control ALL / CONSOLIDATED (/LEGISLATION/LAWS/CONSOLIDATED) / ALCOHOLIC BEVERAGE CONTROL (/LEGISLATION/LAWS/ABC) / ARTICLE 6 (/LEGISLATION/LAWS/ABC/A6) / SECTION 76-A § 76-a. Farm winery license. 1.Any person may apply to the liquor authority for a farm winery license as provided for in this article. Such application shall be in writing and verified and shall contain such information as the liquor authority shall require. Such application shall be accompanied by a check or draft for the amount required by this article for such license. If the liquor authority shall grant the application it shall issue a license in such form as shall be determined by its rules. J 2. A farm winery license shall authorize the holder thereof to: (a) operate a farm winery for the manufacture of wine or cider at the premises specifically designated in the license; (b) sell in bulk from the licensed premises the products manufactured under such license to any winery licensee, any other farm winery licensee, any distiller licensee or to a permittee engaged in the manufacture of products which are unfit for beverage use and to sell or deliver such wine to persons outside the state pursuant to the laws of the place of such sale or delivery; (c) sell from the licensed premises to a licensed winery, farm distiller, farm brewery, farm cidery,wholesaler or retailer, or to a corporation operating railroad cars or aircraft for consumption on such carriers, or at retail for consumption off the premises,wine or cider manufactured by the licensee as above set forth and to sell or deliver such wine or cider to persons outside the state pursuant to the laws of the place of such sale or delivery.All wine or cider sold by such licensee for consumption off the premises shall be securely sealed and have attached thereto a label setting forth such information as https://www.nysenate.gov/legislation/laws/ABC/76-A Page 1 of 9 Farm winery license I NY State Senate , " 5/15/17, 9:56 AM shall be required by this chapter; (d) operate, or use the services of, a custom crush facility as defined in subdivision nine-a of section three of this chapter; (e) sell cider and wine at retail for consumption on or off the premises; (fl operate a restaurant, hotel, catering establishment, or other food and drinking establishment in or adjacent to the licensed premises and sell at such place, at retail for consumption on the premises,wine, cider and wine products manufactured by the licensee and any New York state labeled wine, New York state labeled cider or New York state labeled wine product.All of the provisions of this chapter relative to licenses to sell wine at retail for consumption on the premises shall apply so far as applicable to such licensee. Notwithstanding any other provision of law, the licensed winery may apply to the authority for a license under article four of this chapter to sell other alcoholic beverages at retail for consumption on the premises at such establishment. 3. (a) Any person having applied for and received a license as a farm winery under this section may conduct wine tastings of New York state labelled wines in establishments licensed under section sixty-three of this chapter and section seventy-nine of this article to sell wine for off-premises consumption. Such farm winery may charge a fee for each wine sample tasted.The state liquor authority shall promulgate rules and regulations regarding such tastings as provided for in this subdivision. (b) Any person having applied for and received a license as a farm winery under this section may conduct wine tastings of New York state labelled wines and apply to the liquor authority for a permit to sell wine produced by such farm winery,by the bottle, during such tastings in establishments licensed under sections sixty-four and sixty- four-a of this chapter and section eighty-one or section eighty-one-a of this article to sell wine for consumption on the premises. Such farm winery may charge a fee of no more than twenty-five cents for each wine sample tasted. The state liquor authority shall promulgate rules and regulations regarding such tastings as provided for in this subdivision. (c) Tastings shall be conducted subject to the following limitations: https://www.nysenate.gov/legislation/laws/ABC/76-A Page 2 of 9 Farm winery license I NY State Senate ; 5/15/17,9:56 AM (i) wine tastings shall be conducted by ani official agent, representative or solicitor of one or more farm wineries. Such agent, representative or solicitor shall be physically present at all times during the conduct of the tastings; and (ii) any liability stemming from a right of action resulting from a wine tasting as authorized herein and in accordance with the provisions of sections 11-loo and 11-1ol of the general obligations law, shall accrue to the farm winery. (d) (i) Any person having applied for and received a license as a farm winery under this section may conduct wine tastings of New York state labelled wines and sell such wine by the bottle, during such tasting,for off-premises consumption at outdoor or indoor gatherings, functions, occasions or events,within the hours fixed by or pursuant to subdivision fourteen of section one hundred five of this chapter, sponsored by a bona fide charitable organization. For the purposes of this paragraph, a bona fide charitable organization shall mean and include any bona fide religious or charitable organization or bona fide educational, fraternal or service organization or bona fide organization of veterans or volunteer firefighters,which by its charter, certificate of incorporation, constitution, or act of the legislature,shall have among its dominant purposes one or more of the lawful purposes as defined in subdivision five of section one hundred eighty-six of the general municipal law. (ii) Upon application, the liquor authority shall issue an annual permit authorizing such farm winery to participate in such outdoor or indoor gatherings,functions, occasions or events sponsored by a charitable organization. The farm winery must give the authority written or electronic notice of the date,time and specific location of each tasting at least fifteen days prior to the tasting. A farm winery that obtains a permit to conduct such wine tastings does not need to apply for or obtain a temporary beer or wine permit pursuant to section ninety-seven of this chapter or any other permit to conduct such a tasting or to sell wine by the bottle for off-premises consumption at such tastings. (iii) Such farm winery may charge a fee for each wine sample tasted.Tastings shall be conducted by an official agent, representative or solicitor of such farm winery. The state liquor authority may adopt rules and regulations regarding such tastings as provided in https://www.nysenate.gov/legislation/laws/ABC/76-A Page 3 of 9 Farm wrnery license I NY State Senate `1 5/15/17,9:56 AM this subdivision. 4. (a) A farm winery license shall authorize the holder thereof to manufacture,bottle and sell fruit juice,fruit jellies and fruit preserves, tonics, salad dressings and unpotable wine sauces on and from the licensed premises. (b) Such license shall authorize the holder thereof to store and sell gift items in a tax- paid room upon the licensed premises incidental to the sale of wine. These gift items shall be limited to the following categories: (1) Non-alcoholic beverages for consumption on or off premises,including but not limited to bottled water,juice and soda beverages. (2) Food items for the purpose of complimenting wine tastings, shall mean a diversified selection of food which is ordinarily consumed without the use of tableware and can conveniently be consumed while standing or walking. Such food items shall include but not be limited to: cheeses, fruits,vegetables, chocolates,breads and crackers. (3) Food items,which shall include locally produced farm products and any food or food product not specifically prepared for immediate consumption upon the premises. Such food items may be combined into a package containing wine or a wine product. (4) Wine supplies and accessories,which shall include any item utilized for the storage, serving or consumption of wine or for decorative purposes.These supplies may be sold as single items or may be combined into a package containing wine or a wine product. (5) Souvenir items,which shall include,but not be limited to artwork, crafts, clothing, agricultural products and any other articles which can be construed to propagate tourism within the region. (6) New York state labelled wine or liquors produced or manufactured by any other New York state winery or farm winery licensee or by the holder of any distiller's license. Such wine or liquors may be purchased outright by the licensee from a New York winery or farm winery licensee or the holder of any distiller's license or obtained on a consignment basis pursuant to a written agreement between the selling and https•//www.nysenate.gov/legislation/laws/ABC/76-A Page 4 of 9 T_. Farm winery license I NY State Senate . \\ ; % 5/15/17,9:56 AM purchasing licensee. (7) Wine-making equipment and supplies including, but not limited to, grapes, grape juice, grape must, home wine-making kits, presses, pumps, bottling equipment, filters, yeasts, chemicals and other wine additives,wine storage or fermenting vessels, barrels, and books or other written material to assist wine-makers and home wine-makers to produce and bottle wine. (c) The authority is hereby authorized to promulgate rules and regulations to effectuate the purposes of this subdivision. (d) A licensed farm winery may engage in any other business on the licensed premises subject to such rules and regulations as the liquor authority may prescribe. In prescribing such rules and regulations, the liquor authority shall promote the expansion and profitability of wine production and of tourism in New York,thereby promoting the conservation, production and enhancement of New York state agricultural lands. Further, such rules and regulations shall determine which businesses will be compatible with the policy and purposes of this chapter and shall consider the effect of particular businesses on the community and area in the vicinity of the farm winery licensee. (e) Notwithstanding any provision of this chapter to the contrary, any farm winery licensee may charge: (i) For tours of its premises; and (ii) For any wine tastings. 5. (a) Except as provided in paragraph (b) of this subdivision, no licensed farm winery shall manufacture or sell any wine not produced exclusively from grapes or other fruits or agricultural products grown or produced in New York state. (b) In the event that the commissioner of agriculture and markets, after investigating and compiling information pursuant to subdivision forty-two of section sixteen of the agriculture and markets law, determines that a natural disaster, act of God, or https://www.nysenate.gov/legislation/laws/ABC/76-A Page 5 of 9 Farm winery license I NY State Senatet� 5/15/17, 9:56 AM continued adverse weather condition has destroyed no less than forty percent of a specific grape varietal grown or produced in New York state and used for winemaking, the commissioner, in consultation with the chairman of the state liquor authority, may give authorization to a duly licensed farm winery to manufacture or sell wine produced from grapes grown outside this state. No such authorization shall be granted to a farm winery licensee unless such licensee certifies to the commissioner the quantity of New York grown grapes unavailable to such licensee due to such natural disaster, act of God or continuing adverse weather condition and satisfies the commissioner that reasonable efforts were made to obtain grapes from a New York state source for such wine making purpose. No farm winery shall utilize an amount of out-of-state grown grapes or juice exceeding the amount of New York grown grapes that such winery is unable to obtain due to the destruction of New York grown grapes by a natural disaster, act of God or continuing adverse weather condition as determined by the commissioner of agriculture and markets pursuant to this subdivision. For purposes of this subdivision, the department of agriculture and markets and the state liquor authority are authorized to adopt rules and regulations as they may deem necessary to carry out the provisions of this subdivision which shall include ensuring that in manufacturing wine farm wineries utilize grapes grown or produced in New York state to the extent they are reasonably available, prior to utilizing grapes or juice from an out-of-state source for such purpose. (c) The commissioner of agriculture and markets shall make available to farm wineries and to the public each specific grape varietal loss determination issued pursuant to paragraph (b) of this subdivision on or before August twentieth of each year. (d) In the event that the continuing effects of a natural disaster, act of God, or adverse weather condition which occurred prior to August twentieth of each year or the effects of a natural disaster, act of God, or adverse weather condition which occurs subsequent to August twentieth each year results in any grape varietal loss which meets the standards provided in paragraph (b) of this subdivision, the commissioner of agriculture and markets,in consultation shall with the chairman of the state liquor authority, may issue additional grape varietal loss determinations and shall expeditiously make available to farm wineries and to the public each specific grape varietal loss determination issued pursuant to this paragraph prior to October tenth of each year. https://www.nysenate gov/legislation/laws/ABC/76-A Page 6 of 9 Farm winery license I NY State Senate 5/15/17, 9:56 AM 6. Notwithstanding any other provision of this chapter, a farm winery license shall authorize the holder thereof to: ®�3 (a) Offer for sale or solicit any order in the state for the sale of any New York state labelled wine manufactured by the licensee or any other winery or farm winery licensed pursuant to this article. (b) Engage as a broker in the purchase and sale of New York state labelled wines for a fee or commission for or on behalf of any winery or farm winery licensed pursuant to this article. (c) Maintain a warehouse on the premises pursuant to section ninety-six of this chapter for the warehousing of any New York state labelled wines manufactured by any winery or farm winery licensed pursuant to this article. Any winery or farm winery that maintains such a warehouse must comply with the provisions of section ninety-six of this chapter. (d) Deliver or transport any New York state labelled wine manufactured or produced by the licensee or any other winery or farm winery licensed pursuant,to this article in any vehicle owned,leased or hired by the licensee. The New York state labelled wine can be delivered, transported or sold by the licensee to any holder of. (i) a winery or farm winery license, (ii) a license to sell alcoholic beverages for consumption on the premises, (iii) a license to sell alcoholic beverages for consumption off the premises, (iv) or any person that can receive or purchase wine from a farm winery. The licensee is not required to obtain from the liquor authority a trucking permit or pay any fees pursuant to section ninety-four of this chapter. (e) Sell for consumption off the premises New York state labelled liquors manufactured by the holder of a class A-1, B-1, or C distiller's license. (fl Conduct tastings of New York state labelled liquors manufactured by the holder of a class A-1, B-1, or C distiller's license. All liquor tastings conducted pursuant to this paragraph shall be conducted in the same manner as tastings of brandy pursuant to section seventy-six-e of this article. https://www.nysenate gov/legislation/laws/ABC/76-A Page 7 of 9 Farm winery license I NY State Senate 5/15/17, 9:56 AM (g) Conduct tastings of and sell at retail for consumption off the premises New York state labelled beer manufactured by a licensed brewer or farm brewery. *.10( (h) Conduct tastings of and sell at retail for consumption off the premises New York state labelled cider manufactured by a licensed brewer,licensed farm brewery,licensed farm winery,licensed cider producer or licensed farm cidery. 7. The holder of a license issued under this section may operate up to five branch offices located away from the licensed farm winery. Such locations, although not required to be on a farm, shall be considered part of the licensed premises and all activities allowed at and limited to the farm winery may be conducted at the branch offices. Such branch offices shall not be located within, share a common entrance and exit with, or have any interior access to any other business,including premises licensed to sell alcoholic beverages at retail. Prior to commencing operation of any such branch office, the licensee shall notify the authority of the location of such branch office and the authority may issue a permit for the operation of same. Such branch offices shall not be subject to the provisions of subdivision two, three or four of section seventy-nine of this article or the provisions of subdivisions two and three, and paragraphs (b) and (c) of subdivision ten of section one hundred five of this chapter. 8. (a) No licensed farm winery shall manufacture in excess of two hundred fifty thousand finished gallons of wine annually. (::(b) Any person licensed under this section shall manufacture at least fifty gallons of e per year. 9. Notwithstanding any other provision of law to the contrary, a farm winery licensed pursuant to this section may engage in custom wine production allowing individuals to assist in the production of wine for sale for personal or family use,provided, however, that (a) the wine must be purchased by the individual assisting in the production of such wine; and (b) the owner, employee or agent of such winery shall be present at all times during such production. lo. Notwithstanding any other provision of this chapter, a farm winery license shall authorize the holder thereof to sell wines manufactured or produced by such licensee https://www.nysenate gov/legislation/laws/ABC/76-A Page 8 of 9 Farm wanery license I NY State Senate ' �y 5/15/17, 9:56 AM to a roadside farm market pursuant to section seventy-six-f of this article. < SECTION 76 -WINERY LICENSE (/LEGISLATION/LAWS/ABC/76�. https://www.nysenate.gov/legislation/laws/ABC/76-A Page 9 of 9 �I X1-7 — en&aID VAIP-M IaA,00 MATILDE BUSANA MAY 2 �6 2017 BRONWYN GUTHRIE o 4+— 7o/3 1360 SOUTH HARBOR ROAD P.O. BOX 1360 SOUTHOLD NY 11971 email : matildebusana(a)-gmail.com - Bronwyn.guthrie(a)gmail.com telephone : mb : 917-647-3901 - bg : 914-646-1925 May 25, 2017 Leslie Kanes Weismann, Chairperson Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 SOUTHOLD NY 11971-0959 kim@southoldtownny.gov Re : Croteaux Vineyards 1450 South Harbor Road, Southold NY 11971 Tax Map number : 473889 75-7-1.4 Dear Ms Weisman and Members of the Board, As you are aware we are the owners of the adjoining property (Tax Map no. 473889 75-7-1.2) to the one in reference which we have owned since November 2003. In our quest to better understand the ramifications of the issue of variance in this matter, we have come across some facts that do not seem to have been discussed in any of the meetings so far. In summary, the facts are : 1. Michael Croteau purchased a farmhouse and five acre property in 1993. Then shortly after purchased a 17 acre farm across the street when it became available. with the intention of saving it from subdivision and development. With the creation of the Bayview/South Harbor Partneship, Mr Croteau was able to purchase the property and placed approximately 9.37 acres under a conservation easement donated to the Peconic Land Trust. The farmhouse and 5 acres were also placed under the same conservation easement. . 1 2. 2. Although the remaining acres could have been divided into many lots, The Partnership subdivided 3 x 1 acre lots to be sold for immediate financial benefit. One of the lots was sold with a spec house and later another acre was sold to the same buyer, leaving Mr Croteau with a 1 acre lot. 3. It seems strange that Mr Croteau at the time, had a parcel of 17 acres but did not keep the minimum required 10 acres under the zoning at the time. Also that he did not keep at least one other acre with the one he still retains, but left himself only 9.37 acres. 4. We understand that Mr Croteau is now trying to obtain a variance for a condition which he created. It is our understanding that this constitutes a self created hardship under current zoning regulations. It is not our intention to jeopardize Mr Croteau's business but our investment and the amenity of our property has been significantly impacted by the retail liquor operation and associated carparking and therefore are forced to respectfully request that the Board,not grant the variance relief sought by Mr Croteau. Yours very truly, Matilde Busana and Bronwyn Guthrie Attached : In Rural Southold, Preservationists as Developers - The New York Times copy.html 2 Fuentes, Kim From: Matilde Busana <matildebusana@gmail.com> Sent: Thursday, May 25, 2017 9:53 PM To: Fuentes, Kim Subject: Croteaux Vineyards Attachments: CROTEAU LETTER TO SOUTHOLD.docx Dear Kim, Please find attached a letter and attachment that we would like to be distributed to the Chairperson and members of the Zoning Board of Appeals. Many thanks, Matilde Busana Matilde Busana matildebusana@gmail.com 917-647-3901 1 Fuentes, Kim From: Fuentes, Kim Sent: Friday, May 26, 2017 8:30 AM Tv: Daffy,Bili;-Eri;c Dantes; DantesEri f, Gerard,GoeViringer;JerryfGoehringer-21id nfl i @-gmail.com)-,-Weisman, Le slie;_Rlanarriento_Ni_cholas; Patricia Acam ora Subject: FW.—Croteaux Vineyards- Letter and news article from 1997 Attachments: CROTEAU LETTER TO SOUTHOLD.docx See attached and below from Matilde Busana re: Croteaux. Kim E. Fuentes Secretary to the Zoning Board ofAppeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex 5011 E-mail:kimf@southoldtownnygov From: Matilde Busana [mailto:matildebusana@gmail.com] Sent: Thursday, May 25, 2017 9:53 PM To: Fuentes, Kim Subject: Croteaux Vineyards Dear Kim, Please find attached a letter and attachment that we would like to be distributed to the Chairperson and members of the Zoning Board of Appeals. Many thanks, Matilde Busana Matilde Busana matildebusana&! mail.com 917-647-3901 In Rural Southold, Preservationists as Developers By DIANA SHAMANFEB. 23, 1997 A Little over four years ago, Michael Croteau, a graphic designer, and his wife, Paula, left a one-bedroom Manhattan co-op to try life in this rural township on the North Fork. 1 For $195,000, they purchased an old farmhouse on five acres on South Harbor Road, close to where Mrs. Croteau grew up on a farm owned by her parents. They used the proceeds from their sale of the co-op as a down payment. Mr. Croteau moved his Croteau/Design business into one of the four barns. Now the Croteaus have joined a growing number of property owners in Southold who are working to ward off development pressures that would compromise the rural character of the area. Shortly after the Croteaus purchased their farm, the 17-acre Stepnoski farm across the road, whose elderly owner had died, was placed under contract to a developer, the late Herbert Mandel of Greenport. Mr. Mandel applied to the town for a subdivision approval for 28 houses, with a gatehouse, a clubhouse and tennis courts. Continue reading the main story Continue reading the main story Neighbors, led by the Croteaus fought the proposal, which required a zoning change, and it was denied by the Town Board. The Croteaus subsequently formed a limited partnership, inviting friends to join them as equity partners, with the intention of purchasing the Stepnoski property and subdividing it in such a way that most of the land would remain farmland. The partnership they created, the Bayview/South Harbor Partnership, was able to conclude the deal late in 1993, paying Mr. Mandel $15,000 to relinquish his contract and paying the owners of the farm their$235,000 price. The property could have been divided into nine building lots under the existing zoning, but the partnership applied for and received approvals to build only three houses. "By limiting density you can add a great deal of value to a smaller number of lots and probably get the same amount of return," Mr. Croteau said. Of the 17 acres, 9.37 acres will continue to be owned by the partnership. But to make sure they will never be developed, they have been placed under a conservation easement donated to the Peconic Land Trust, a nonprofit land preservation group based in Southampton. The acreage is being leased to a farmer who uses it to raise organic vegetables. The farmhouse along with five acres -- three of them also placed under the same conservation easement-- has been sold, fetching $190,000. THE remaining three-and-a-half acres, which will be called Woodhouse, have been divided into the three building lots on which the partnership will build houses priced from $202,000 to $254,800 depending on the size and style purchasers want. All the houses will overlook the preserved farmland. "Preserved farmland is like waterfront; it adds tremendous value to a building lot if it's done well," Mr. Croteau said, noting that his subdivision would serve as a model for others the partnership hopes to undertake. "With the amount of work and the amount of improvements that would have had to go in if we had wanted to build more houses, I don't think we would have made a higher return," he said. "This plan saved a belt of farmland for the neighborhood and was the first time that someone did a conservation plan in the town of Southold without using any public money." 2 Purchasers of the three houses can select from several designs of classic Cape Cods, salt boxes and farmhouses that replicate the look of houses built on the North Fork between 1600 and the mid-19th century. The $202,000 house would be a 1,440-square-foot three-bedroom Cape Cod, with a two-car garage that is connected to the main house by an enclosed breezeway designed to be used as a family room. The $254,800 house, a two-story farmhouse, would be 2,125 square feet in size, with a master bedroom on the first floor and three additional bedrooms on the second. A two-car attached garage would be connected to the main section of the house by a mud room, and would have a finished second floor that could be used for an office or family room. A 2,162-square-foot saltbox, selling for$248,650, would have three bedrooms and a family room. An attached two-car garage would have an unfinished loft area. Private efforts such as these are important supplements to Southold's own efforts to preserve its farmlands, said Joseph M. Gold, chairman of the town's Land Preservation Committee. Newsletter Sign Up Continue reading the main story Last November, Southold voters overwhelmingly approved a$2 million bond issue to be used for the purchase of development rights to farmland. Two previous bond issues raised $3.5 million for the same purpose. "But we get more offers of land than we can afford to buy," Mr. Gold said, "so a lot of land falls by the wayside." When development rights are purchased, owners get 60 percent of the appraised value of the land, which they may continue to farm. The average purchase price under the program is now$8,000 an acre. The two previous bond issues authorized by town residents, along with funds made available under county, state and Federal programs, have so far allowed 2,000 acres of Southold's 9,600 acres of productive farmland to be placed under permanent protection from development. The recently authorized $2 million bond issue will be used to purchase development rights over 270 additional acres, Mr. Gold said. Also active in land preservation is the Peconic Land Trust, which has been instrumental in protecting more than 2,000 acres of farmland since its founding in 1983 by its president, John v.H. Halsey. The Trust helps individual landowners devise conservation plans in return for a fee. Although land preservation has to be the motivation, owners derive tax advantages and other benefits. "Even though landowners have conservation interests they also have economic interests, and the two interests can be balanced," Timothy Caufield, the Trust's vice president. For one thing, property becomes more marketable, said Syma Joffe Gerard, a real estate broker in Eastport who specializes in handling properties that contain preserved land. Lots bordering such preserves have a strong appeal for buyers, Mrs. Gerard said. 3 *_16 15 A property she is currently marketing, a six-lot subdivision on Bergen Avenue in Mattituck called the Arbor, is an example. Instead of subdividing their 80-acre property into two-acre lots, as the zoning had allowed, the landowners, Thornton and Shirley Smith of Plandome, limited the subdivision to the six lots. PROCEEDS from the sale of development rights to the Town of Southold, tax benefits from a gift made to the Peconic Land Trust, reduced development costs and the enhanced value of lots that overlook permanently preserved vineyards and woodland made the plan financially rewarding, Mr. Smith said. The Smiths sold development rights over 34 acres to the town for$272,000, and donated 13.4 acres to the Trust which gave them $158,000 in tax deductions. The six five-acre lots were placed on the market ranging in price from $160,000 to $195,000. One lot, for which the buyer is paying$157,500, is already in contract. "The attraction for me was that I will be able to see 25 or more acres that will forever be open space," said George Williamson, a securities trader who is purchasing the lot. He intends to build a four-bedroom house, he said, with construction to start this summer. The Peconic Land Trust recently completed yet another plan for a family in Greenport anxious to preserve its farm while deriving some immediate financial benefits. On behalf of the family, the trust negotiated a sale to the Town of Southold of development rights over 33 of the acres, for which the family received $231,000. A two- acre building lot bordering the acreage was retained for a future sale. The balance of the property, which is not productive farmland, is being donated to the Peconic Land Trust. The charitable gift deduction, which has not yet been established, will probably be sufficient to offset capital gains on the sale of development rights. "The family had farmed this land for many, many years and this way they are disposing of some of the property in a way that was respectful of how they had always used it," Mr. Caufield of the Trust said. 4 r 6 -BovhrD —iA�- �-�� Bradley M. Anderson 3950 South Harbor Road Southold,NY 11971 212-476-8515 Email: bnderson@nb.com AT `YL- -i 3 May 12, 2017 Chairman Board of Appeals Southold Town 54375 Main Road P.O. Box 1179 Southold,NY 11971 I am the owner of Onabay Vineyards and the old Lappe Farm on South Harbor Road as well as Bayside Farm. Our property borders Croteau Vineyards on two sides, and we have considered Croteau Vineyards a good neighbor for over 20 years. I support and recommend Croteau application for variance in considering his 14 acre farm on both sides of South Harbor Road for the required 10 acres needed. Old farms often straddled both sides of Country Roads, but we are one entity. Please look favorably on their application. If I can be of any help,please let me know. Sine e y yours, Bradley Anderson ` -VV'5'-1 013 n I (RECEIVED l MAY ZONING BOARD OF APPEALS 19 Concord Road Port Washington, NY 11050 May 11,2017 Board of Appeals Southold Town 54375 Main Road, PO Box 1179 Southold,NY 11971 To whom it may concern: My wife and I are neighbors of Michael Croteau and Croteaux Vineyards,residing at 1365 South Harbor Road in Southold. We write this letter to state that we have always been supportive of Croteaux Vineyards,and applaud Mr. Croteau's efforts to preserve North Fork farmland. Sincerely, Dean C DI Maggio Barbara Di Maggio �v ��� � 3�►�/r�. ��„—Ian �� HARVEY A. ARNOFF XCERVEI Y 15 1017 Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 o__ A:2Q_t3 Tel: (631) 727-3904 Fax No.: (631) 727-3940* e-mail: harnoffoarnofHaw com Harvey A. Arnoff *Not for service of legal papers Danielle Turturo Of counsel Paralegal George F. Biondo Colleen Grattan-Arnoff, R.N., LNC Richard A. Hammer May 11, 2017 Thomas G. Nolan Leslie (Canes Weisman, Chairperson Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RE: Cr®teaux.Vineyards 1450 South Harbor Road; LAW OFFICES OF HAR\,� . A. ARNOFF Town of Southold Zoning Board 'Jo May 11, 2017 a claim is made that there is a press on the property which somehow or another qualifies them as producing their wine on the property is a somewhat naive attempt to stretch the meaning of the code far beyond that which was intended. B. The second criterion was the winery shall be on a parcel on which at least ten (10) acres are devoted to the vineyard or other agricultural purposes, which is owned by the winery owner (emphasis applied). It is clear in this matter, that there are no ten (10) acre parcels that qualify under this paragraph applicable to the Croteaux Vineyards. The Applicant is asking this Board to combine two parcels of property,_which are not'c®ntiguo6s' ,which then would, perhaps, aggregate more than the.ten' (10) acres. It is,respectfully submitted that, if the Board permits this type of combination of parcels, then the mutations and combinations which flow therefrom become endless. By way of explanation, technically speaking, if the Croteaux argument is valid, then one could have ten-one acre parcels sprinkled about the Town of Southold, or perhaps anywhere,`since the statute is not clear on this issue either, and qualify as a vineyard provided those parcels are devoted to a vineyard or other agricultural purposes. Simply put, the Croteaux argument makes no sense. C:- The winery structure shall be set back a minimum of 100 feet from a major road. I believe this particular subparagraph is not an issue. D. The winery shall obtain site plan approval. It is clear, and admitted by the Applicant, that no site plan approval was ever obtained, and yet, they would have the audacity to ask this Board in some manner, to approve something which is illegal, and is clearly in violation of the code. The questions which must be dealt with by the Board are two-fold. Is the Board going to grant an area variance and permit the tacking of one parcel onto another in order to qualify under the clear language of the code, which states that the winery shaii be on a parcel on which at least ten (10) acres are devoted to a winery or other agricultural purposes? It is clear from a reading of that section of the code, that the Town Board, when implementing this statute, wanted to be sure that there were no smaller parcels that could qualify in any way as a vineyard. To read that subsection any other way stretches common sense interpretation of that particular subsection. Furthermore, it is submitted that, if in fact, an area variance is not granted, then the application here must, by implication, be one for a use variance. In this instance, in LAW OFFICES OF HARt� e A. ARN®FF Town of Southold Zoning Board ©l May 11, 2017 no way has the applicant met any criteria that would warrant therm operating a liquor store in a residential area. This is precisely what is happening. It is respectfully submitted that the Board should unqualifiedly deny the application of Croteaux Vineyard. Respectfully submitted, HAA/pd Harvey A. Arnoff _ cc: _ tilde Rusana Bronwyn Guthrie BRC, ,i-!VYN GUTHRIE — MATILD .3USANA 1360 SOUTH HARBOR ROAD, P.O. BOX 1114, SOUTHOLD, NY 119 email : matuldeb asanqc@g!Rpol.com - bronwyn.guthriq@gmaii.com telephone : MB : 917-647 3901 - BG : 914-646-1925 ZONING BOARD OF APPEALS May 2, 2017 Leslie Kanes Weisman, Chairperson kimf@southoldtownny.gov Dear Madam, !�' I�MA`Y I Re : Croteaux Vineyards 1450 South Harbor Road, Southold NY 11971 Tax Map Number : 473999 75.-7-1.4 Public Hearing,Thursday May 4, 2017 We are the owners of the adjoining property (Tax Map No. 473989 75.-7-1.2)to the one in reference which we have owned since November 2003. As owners of the adjacent property to Lot 1.4 we would like to make the following comments on the Application for Variance for 1450 South Harbor Rd, Block 7, Lot 1.4 Reasons for Appeal (dated October 31, 2016) ®comments : 1. The owner states that the property in question has operated at the site with no negative affect on the neighborhood and further states that the property parcel (4.65 acres, parcel A) is surrounded by vineyards and agricultural. These representations are not complete nor accurate. There has been substantial impact to the neighborhood, with significantly increased traffic at the times that the Tasting Room Wine Retail Sales outlet is operating. There are residential properties in close proximity to,the retail premises and in particular directly adjacent to the busy car parking area, being Lot 1.2 and Lot 1.1A. The volume of noise and traffic and potential hazard in a 2 lane residential street has in fact had impact and will continue to do so for all the residential properties north of the Croteau property to Route 25, 2. We wish to point out that no wine is made on the premises and would ask that the members of the Zoning Board of Appeals take this into consideration in their deliberations. 2. There is an alternative tasting room solution where Croteau wines could be tasted and sold at the location where the wine is regularly produced, where proper facilities exist. s' 3. The relief requested by Croteau we believe is comparable to the previous matter regarding Southold Farm and Cellar, decided by the Zoning Board of Appeals. 4. The activity and use that has been previously disapproved by the Southold Town Building Department(July 22, 2010) has in fact changed the land use with a large car park and an active retail wine sales outlet at a location where the wine is not made onsite. The applicant repeatedly and erroneously refers to the property as a winery,which it most clearly is not. In closing we would like to thank the Town of Southold Zoning Board of Appeals for giving consideration to the comments and concerns we have and will afford therm due consideration in its review and deliberation of the appeal. Yours faithfully, Bronwyn Guthrie and Matilde Busana JD 5�yll-7 COUNT' OF SUFFOLK ' 1 ®k STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING DIVISION OF PLANNING AND ENVIRONMENT SUFFOLK COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD THERESA WARD KENNETH J SCHMITT COMMISSIONER CHAIRMAN,SCAFPB STAFF REPORT Pursuant to Section 303(B) of Article 25-AA of New York State Agriculture and Markets Law Application No. OEP-2017-04 Landowner: Michael L. and Paula S. Croteau Applicant: Michael Croteau, 1450 South Harbor Road, Southold, NY 11971 Tax Map #: 1000-075.00-07.00-001.004 Operation Name: Croteaux Vineyards Operation: Vineyard Proposal: The applicant seeks inclusion into certifiedZAgr' r Dist 'ct No. 1. Analysis: The property consists of one (1) parcel to4.6 + acr and is located west of S. Harbor Road and south of Main Road (S.R. 25) inmle Peconic, Town of Southold (SCTM # 1000-75.00-07.00-001.004). The application states that the property has been in active agricultural production for greater than 5 years and the farm operation generates an average annual gross sales greater than $50,000. Approximately 33% of the property is in agricultural production and 100% of the property contains prime agricultural soils (Haven loam (HaA) and Riverhead sandy loam (RdB)). The application included an Addendum which provides a description of the use of the property and the existing operation being considered: The subject parcel is one of two parcels which are being used by the applicant for the agricultural operations of the Croteaux Vineyard. Although only 1.5 acres of the subject parcel is planted with grapes at present, 3 of the 5 structures thereon are predominantly used for the agricultural operations on site and on the adjacent 9.4 acre Vineyard (SCTM # 1000-075.00-07.00-022.009) which is already included in Agricultural District No.l. Less than one acre of the 4.6-acre site is improved with a pre-existing farmhouse (constructed in 1888) and accessory structures. The Frame Barns and Buildings on the subject parcel house the Croteaux winery and tasting room facilities as well as provide storage for farm tractors, wine and wine bottles Suffolk County Agricultural&Farmland ProteCL .:.oard _ April 27,2017—Staff Report(Application#OEP-2017-04) *.J �Page 2 of 2 as well as irrigation equipment for the Vineyards. It is the Applicant's intention to plant an additional 1.2 acres of grapes in the field to the south of the farmhouse by 2018. The application states that the property is part of a single farm operation that includes the following parcel to the east which is also in an Agricultural District: 1) SCTM# 1000-075.00-04.00-022.009 9.4 acres (AD#1) Summary: Based on information in the application, the property meets the following SC Agricultural and Farmland Protection Board Evaluation Guidelines: 1) It is an active commercial agricultural operation. 2) It is less than 7 acres and generates greater than $50,000 in annual gross sales. 3) More than 50% of the property contains prime agricultural soils. However, the subject property does not meet the following SC Agricultural and Farmland Protection Board Evaluation Guidelines: 4) Less than 50% of the farm is in agricultural production. Approximately 1.5 acres or 33% of the property is currently in agricultural production. The applicant states that he intends to plant an additional 1.2 acres of grapes in the field to the south of the farmhouse by 2018. This would result in a total of 2.7 acres out of 4.6 acres or 59% of the property being utilized for agricultural production. Based on the combined acreage of this property and the adjacent 9.4 acre vineyard (on SCTM # 1000-075.00-07.00-022.009) that are considered to be part of a single farm operation, it would meet the guideline of being greater than 50% in agricultural production. reuD 5-ly/9,o t-7 ZONING BOARD OF APPEALS a1� TOWN OF SOUTHOLD ---------------------------------------------------------X In the Matter of the Application of Croteaux Vineyards#7013 For a variance from the requirements of Section 280-13(4) of the Code of the Town of Southold ---------------------------------------------------------X MEMORANDUM OF LAW OF APPLICANT,MICHAEL CROTEAU, IN SUPPORT OF THE RELIEF REQUESTED TWOMEY, LATHAM, SHEA, KELLEY, DUBIN& QUARTARARO, LLP Attorneys for Applicant By: Martin D. Finnegan, Esq. 56340 Main Road Southold,NY 11971 (631) 727-2180 Dated: May 4, 2017 STATEMENT OF FACTS Michael and Paula Croteau are the owners of Croteaux Vineyards located on South Harbor Road in Southold. As depicted on the submitted survey dated October 17, 2016 prepared by Howard W. Young, L.S., Croteaux Vineyards is operated on two adjacent parcels described as SCTM##1000-75-7-1.4 and 1000-75-7-22.9. The parcels are designated on the survey as Parcel A and Parcel B respectively. Parcel A lies within the Agricultural Conservation(AC) Zoning District and Parcel B lies within the R-80 Zoning District. Both parcels are in the same ownership and have been actively used as part of Croteaux Vineyards' agricultural operations since 2003. Parcel A is comprised of 4.65 acres improved with a farmhouse, originally constructed in 1888,two historic frame barns used for winery operations, storage of wine, wine bottles and equipment and a two-story frame building which houses the winery's tasting room and storage facilities. Parcel A was originally part of the Howell Farm which dates back to 1720. In 1988, the farm was subdivided and the subject property, including the farmhouse and historic barns,' were setoff from the remaining farmland. The development rights for the remaining 22.5 acres of the Howell Farm were sold to the Town in 1988. The Croteaus purchased the property in 1992 and began the arduous task of restoring the historic farmhouse and outbuildings that have been on the property since the mid-1700s, which had been neglected and in disrepair since the 1970s. Since their purchase, each structure has been restored for its intended residential or agricultural purpose. In 2003, 1.2 acres of grapes were planted on Parcel A. Parcel B consists of a 9.4 acre vineyard, the acreage of which was originally part of the 17.5 acre Stepnoski farm. After the death of Mr. Stepnoski,the farm was vulnerable to purchase by a developer who proposed to construct up to 28 houses there. The Croteaus purchased the � o property in 1993 and subsequently worked with the Peconic Land Trust to implement a limited development plan,which resulted in the preservation of approximately 12.5 acres of the Stepnoski farm. In 1995, Parcel B became a certified organic farm and operated as such until 2001 when a cover crop was planted to prepare the soil for a vineyard. All 9.4 acres of Parcel B were planted in grapes in 2003. The properly is also improved with a submersible agricultural well and drip irrigation. At present, 10.5 acres of Croteaux Vineyards' 14 acres are planted in Merlot, Cava, Cabernet Franc and Sauvignon Blanc grapes with 1,089 vines planted per acre. Although a small portion of Parcel A is improved with primary and accessory residential structures, the vast majority of the acreage,together with the entirety of Parcel B, is devoted to the production, processing and sale of wine made from grapes grown on both parcels. Although they are legally separate,they have always been used and operated by the Croteaus as a single farm operation. In recognition of that fact,the Suffolk County Agriculture and Farmland Protection Board has recently voted to recommend that the County Legislature include Parcel A in the First Agricultural District based on the Board's determination that Parcel A and Parcel B, which is already part of the Agricultural District, constitute a single farm operation. On November 2, 2016, Croteaux Vineyards received a Notice of Disapproval of its application for a building permit to legalize the as-built tasting room on Parcel A on the grounds that the winery facility is located on a parcel less than the Code required minimum of at least 10 acres. The Croteaux Vineyards' operation satisfies all other winery use regulations in the Town Code. It cannot be disputed that the applicants own and operate Croteaux Vineyards on well over 10 acres of land devoted to vineyard and other agricultural purposes, and all structures on site meet the minimum 100 foot setback. But for the existence of South Harbor Road bisecting Parcel A and Parcel B,the parcels could be merged into a single parcel in satisfaction of the Code requirements. As such,the applicant requests a variance to allow the operation of a winery tasting room on two adjacent parcels which have operated as a single farm operation since the inception of Croteaux Vineyards in 2003. POINT I THE APPLICANT HAS MET THE TEST FOR THE GRANT OF AN AREA VARIANCE SET FORTH IN TOWN LAW§267-B Under §267-B,the Applicant must demonstrate compliance with the following standards to be eligible for the issuance of a variance: (a) whether the grant of the variance will cause an undesirable change in the character of the neighborhood or will create a detriment to nearby properties; (b) whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance; (c) whether the requested area variance is substantial; (d) whether the grant of the variance will have an adverse effect or impact upon the physical or environmental conditions in the neighborhood or in the affected area of the Town; and (e) whether the difficulty causing the applicant to request an area variance was self-created which consideration shall be relevant to the determination of the Board but shall not necessarily preclude the grant of the variance. The applicant submits that under the facts and circumstances presented here, Croteaux Vineyards can clearly meet the standards set forth in Town Law §267-B and as a result,the relief requested herein should be granted. 1. The Grant Of The Variance Will Not Cause An Undesirable Change In The Character Of The Neighborhood Or Create Detriment to Nearby Properties. Like most wineries in the Town of Southold, Croteaux Vineyards is located in a residential zoning district. Although Parcel A and Parcel B are bounded to the north by residential uses,Parcel A is substantially surrounded by active farmland. The winery and tasting room operations at Croteaux Vineyards have been under way since 2007 without incident or impact on the surrounding neighborhood. There are 4 other active winery operations within a mile radius of the site. Croteaux is a boutique winery producing only Provence style Rose wines. The tasting room facility only operates on weekends and buses and limousines are not permitted on site. The farm winery structures on Parcel A are in conforming locations and, if the variance relief is granted,there will be no change to the existing buildings or structures. The applicant submits that any possible adverse impacts on nearby residential properties will be addressed and mitigated through the site plan approval process before the Southold Town Planning Board. For the foregoing reasons, neither an undesirable change in the character of the neighborhood or a detriment to nearby properties will be created by the grant of this area variance. 2. The Benefits Sought To Be Achieved By Applicant Cannot Be Feasibly Achieved By Some Method Other Than The Requested Area Variance. As stated previously, Parcel A and Parcel B operate as a single farm operation. Had the applicants' their choice,they would merge the parcels into one on which they could operate their winery tasting room as of right. Here,the parcels are bisected by South Harbor Road which renders merger a legal impossibility. As such, area variance relief is the only available means of legalizing the existing tasting room facility. 3. The Area Variance Sought Is Not Substantial When Viewed In The Context Of The Entire Vineyard Operation. If viewed in a vacuum without regard to the entirety of Croteaux's operation, the area variance relief requested on Parcel A may seem substantial in the context of the 10 acre minimum requirement under the Town Code. The applicant submits,however,that the substantiality of the relief requested is mitigated by the fact that Croteaux Vineyards operates on not one but two adjacent parcels on which over 10 acres of grapes have been planted since 2003. All farm winery structures on the subject property are in conforming locations and the development rights on Parcel A are intact. Parcel A is sufficient in size to permit safe and adequate parking and buffering from neighboring properties through the site plan process. As such,the benefit achieved from allowing this agricultural operation to continue far outweighs the substantiality of the variance relief requested. 4. The Grant Of The Variance Will Not Have An Adverse Impact On The Physical Or Environmental Conditions In The Neighborhood Or District. The variance relief requested will simply allow this long standing and well respected vineyard to continue operating as it has since 2003. No new buildings are contemplated and no expansion of the existing operations are contemplated. As stated previously, Croteaux Vineyards' tasting room only operates on weekends, limousine and bus traffic is not permitted and group tastings are limited to eight people or less. The applicant submits that there are currently no perceivable adverse impacts on the physical or environmental conditions in the neighborhood stemming from this use and there will be none in the future. To the contrary,the granting of the variance will insure that historic farm buildings and agricultural operations on these parcels will remain active. 5. The Self Created Nature Of The Alleged Difficulty Should Not Preclude The Granting Of Area Variance Relief. The apparent difficulty here is the Applicant's inability to merge their two parcels since they are bisected by South Harbor Road. While the road was there when the Croteaus purchased both parcels,they have always respected the spirit of the 10 acre rule. Since the inception of their winery operations in 2007,there have been over 10 acres of grapes used in Croteaux Vineyards' farm winery operation. If Parcel A and Parcel B were divided by a farm road, there would be no difficulty and no need for variance relief. Parcel A and Parcel B are, for all intents and purposes, one parcel. From a practical and operational standpoint, the town road between them is no different than the numerous farm roads that divide farm fields throughout the town and its existence should not preclude relief here. CONCLUSION For the reasons set forth herein, it is respectfully submitted that the standards of Town Law Section 267-b have been met and, as such,relief from the requirements set forth in Southold Town Code Section 280-13(4) is warranted. Dated: Southold,New York May 4, 2017 Respectfully Submitted, TWOMEY, LATHAM, SHEA, KELLY, DUBIN& QUARTARARO, LLP Attorneys r A ant By: Martin D. Finnegan, Esq. 56340 Main Road Southold,NY 11971 T: (631) 727-2180 F: (631) 574-1258 BOARD MEMBERS ®F SU,, Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� y®�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider I�CQU (,� 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, MAY 4, 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, MAY 4, 2017: 1:00 P.M. - CROTEAUX VINEYARDS #7013 — (Adjourned from April 6, 2017) Request for Variance(s) under Article III, Section 280-13A(4) and the Building Inspector's October 7, 2016, Amended November 2, 2016 Notice of Disapproval to legalize an "as built" winery and tasting room, at: 1) winery and tasting room facilities located on a parcel less than the code required minimum of at least 10 acres devoted to vineyard or other agricultural purposes, located at: 1450 South Harbor Road, Southold, NY. SCTM#1000-75-7-1.4. 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: April 20, 2016 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 GG�� ®v J c2 D 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #10.00- j O 7 COUNTY OF SUFFOLK) STATE OF NEW YORK) I,/l yc- , elit& residing at &57j r New York, being duly sworn, depose and say that: On the day of �2f�� , 201 , I personally piaoed the Town's Official Poster, with the da hearing and•nature o1my 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 remained.in place for seven( )days prior to the date of the subject hearing date, which hearing date was shown to be MAX a (Signature) Sworn to before me this qfp Day of &Ptz(C- , 201 7 (NoKry Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County g near the entrance or drivewaye�e°tr'amn�ce onf � r�� �Q/a� ,- tom ea most visible to passerby. ■ ® ■ ®. Er ■ ® ■ ■ — ru ru ® ® e ® ■ s t• / • s •- • •- 1••� lu l ®® e Il • a ••a lebtite at r"' j nj 8KUQrL"1`N t-:NY"1,121 i ti ,; :,;w•€ e7 1 Ir VERO. B ACRi f L'' .29;63 Posta'b' �' �c 095$ per• c /O ftiI Certified Fee P�(\FU[ pF�OI_I� frl Postajt/ c 1l� c C3 $I-I°1111 y O `b� Postmark�i O Certified Fee $11,1111 t Oil Return Recei t Fee 9 tt (Endorsement Required) $IJ,fill Ap Here Return Receipt Fee Q. F postmark y R, (Endorsement Required) Here O Restnoted Delivery Fee -°- 2 , ..A (Endorsement Required) COT 0 Restricted Delivery Fee $11 nip -0 Endorsement Required) Total Postage&Fees $ LS St <," Total Postage&Fees ` t1'I $6 •1 -e�' $ (14/i 7/2017 C3 Sent To ] Ln $6..1 C3 iia]a, f d r/ 1/s� O Sent To ee��., ApNo; `'� ----- -------- ---� f� - t -_ 5!!Ji�S.Y------------------- or -PD Box No. 51 �t t g Street,Apt.No.; ] �y rl- City,------------------ 1 v or PO Box No. lGi� IJ. _�� City,S t �� - Ciry,State,Z +4 ---��--------------------//,J�------------- :11 11 i ■ • VO i Lrl • ® ! ® ■ Q- , ■ ■ p • .- 5 ®• ru ru c ru SOUTHOLVY,z Y'i1j;971 N7-1-4J�t HIRGTOi�'iAy 1#;(OKI ;.. _.< Er M Er 11$ r.• 1 ti P►-958 Yp �' Post`g5° �' �,A,�-v.(1gc PosIr tage c O 05 2 c m '0 G0c m $ °Q(I w 0 Certified Fee $i_I Certified Fee 1 E3 m O ° O postmark Y `` E3 Postmark C3 Return Receipt Fee -Aare d E3 Return Receipt Fee $j i.00 7�, Here ugh (Endorsement Required) $U.(iii `ere �( � (Endorsement Required) -. ( C3 Restricted Delivery Fee 0 Restricted Delivery Fee ° Q Vag ...D (Endorsement Required) � r,- t°(( -0 (Endorsement Required) r••R $171. r-9 $1-1. Fees i! e '� Total Postage&Fees 114/17/2017 Total Postage&Fees I Ln $6.1 E3 Sent To 1 Sent To �j :v�- U�.Q- '[ Y� V iA±%':- C`- Street,Apt lVo.;�"-- -- - - ---------------- i[`- Street A- 0.; .No.; r/7��,��.q or PO Box No. or PO Box No. 1ll'___-!L__l- - n; - y------- --- b adz City -------------- IP+ :al 11 ® • • • • ■ Complete items 1,2,and 3. A Sign re Agent { ■ Print your name and address on the reverse Addressee So that we can return the card to you. g eived by(Printed Name) Date of Delivery ■ Attach this card to the back of the mailpiece, I or on the front if space permits. D. Is delivery dres rom i Yes 1. Article Addressed If YES,entererd ad o 13s CL tj p D 0 I M 5 10 3. Service Type ❑Pnon at Express® III 111111 IIII III I III I II III III III I I II 111111 III ❑Adult Signature istered M ❑Adult Signature ResVd Niall&I Restricted} ❑Certified Mall@ u's 6e y ." 9590 9402 2196 6193 2194 94 13 Certified Mail Restricted Delive etum Receipt for f ❑Collect on Delivery Merchandise Restricted Delivery ❑Signature ConfirmationT" 2. Article Number(Transfer from service 1abet) ❑��ua�+^" - I ❑Signature Confirmation ;700 5 ,116 2 0003 9962 . 219 9 ked Delivery, , Restricted Delivery, e I PS Fotm:t3811,July 2015;PSN 7530-02-000-9053 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS - (Name of Applicants) y� ►U SCTM Parcel# 1000- '9 AVR 2 4 2017 COUNTY OF SUFFOLK STATE OF NEW YORK i I, /!/�� -11A-c— CC`fo r-�� residing at 'New York, being duly sworn, deposes and says that: Ori the 2 f day of �/��� , 20� ,, I personally mailed at the United States Post.Office in Q ✓fvio , I�Pev�r York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice La- Prepaid nPrepaid envelopes addressed to current property owners shown on the current assessment ..roll verified from the official records on file with the()c}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- SwA to before me of ,201 BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Ooff TubQ) Qualified in Suffolk Coun '�7. Commission Expires July 18, 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_ I DELI ERY • SSECTION COMPLETE THIS SECTIO ■ Complete items 1,2,and 3. A sl r ❑Agent ■ Print your name and address on the reverse X ❑Addressee ; so that we can return the card to you. f ■ Aft. +'`,' -ard to the back of the mailpiece, eive�l by(Punted Name) C. Date of Delivery f( 1 �L or..- :.,e iici. 'f space permits. D. 1. Article Addressed to: Is delivery address different from item 1? ❑Yes i �Var-4)_ _ , S ���r ,, I I,��� If YES,enter delivery address below: ❑No bY, V VegaFL 1 3. Service Type ❑Priority Mall Expresso 7 ❑Adult Signature ❑Registered MeilTM II I II I II I IIII III I III I II III III III I I II I II I I I I III ❑Adult Signature Restricted Delivery ❑Registry d Mall Restricted El Certified Mall® Del ve 9590 9402 2196 6193 2194 87 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise TM ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation 2 Aj.:,,ie-nl,,.„dor_rr�ansfer_from_service_label) } ❑Signature Confirmation •7 0 0 5 116b 0 0 0 3 99 6 2 2 212 1 ricted'Delivery 1,"Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return ReceiptSENDER:,COMPLETE�THIS ; • - Signature Sigj ■ Complete items 1,2,and 3. A.} ❑Agent n [■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. S B. Received by(Printed Name) C Date of Delivery ■ Attach this card to the back of the mailpiece, i Z or on the front if space permits. 1. Articles Addre se7t D. Is delivery address different m item, El Yes If YES,enter delivery,�tP�sbelow: ❑ No jjq '✓ E�t��d K.e► APR 1920j,? X66 � )y H? 7 _ i 3. Service Type II I IIIII IIII III I III I II II I III III I III II I I I II III ❑P'onlyMad Expr ❑Adult Signature egietered Ma ❑Adult Signature Restricted Delive ❑ red Mail I ❑Certified Mail® Devery � 9590 9402 2196 6193 2195 00 ❑Certified Mall Restricted Delivery ❑Return Receipt 5 J ❑Collect on Delivery Merchandise f — n-^-^ tricted Delivery ❑Signature Confin 2. Article i UmbeY_f�ra�sfer_frnm_ccr,;a roti ::— ❑Signature Confin ?005 116 0 0003 9962 220 5 JD.11verl Restricted Delive over$500 i PS Form 3811,July,2015.PSN 7530-02=000-9053 Domestic Return f r riJ J:[r tet.t—. a...��•+,<f � !i." '� �'+ rc';15.I:s: i4y:•" 6;1 } ,F #0002054690 _G, `j,' - 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 a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 04/27/2017 Principal Clerk Sworn to before me this day of &ISTINA SKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County My CoMf1116610R ligplfea Februefy 28,2020 TYPESET Mon Apr 24 15 22 27 EDT 2017 �ZA,fit(, 2450 Jackson Street (AKA 265 Second 54375 Main Road(Office Location) 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 XXIII, 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.SCTM#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 XXHI,Section 280-174 and Request for Variance(s)under Article HI, 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 facili- 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. - MATTEBELLA 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 HI, uses upon a 134,246 sq.it 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#1000-984-23. 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"sired 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 of Disapproval 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: �U'NING 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 April 10, 2017 Re: Town Code Chapter 55 -Public Notices for Thursday, May 4, 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 April 17th: 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 April 24th: 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 April 26th: 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 May 2, 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. N �rTIi. E UF HEARINt� The following application will be heard by the. Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME CROTEAUX VINEYARDS (4 CROWS INC . ) #7073 MAP # 75.-7- 7 .4 VARIANCE LESS THAN 10 ACRES REQUEST LEGALIZE "AS BUILT" WINERY/TASTING ROOM DATE : THURS , MAY 41 2017 1 : 00 PM If you are interested in this project, you may review the file(s) prior to he hearing during normal -business days between 8 AM and 3 PM . Z^ R� IM � BOAPD =TnIAIN nF SnUTHnLD 765 - 1809 BOARD MEMBERS ®F so Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� ®�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �® ® a® 54375 Main Road(at Youngs Avenue) Kenneth Schneider c®UNT`ISouthold,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: 1:30 P.M. - CROTEAUX VINEYARDS #7013 - Request for Variance(s) under Article III, Section 280-13A(4) and the Building Inspector's October 7, 2016, Amended November 2, 2016 Notice of Disapproval to legalize an "as built" winery and tasting room, at: 1) winery and tasting room facilities located on a parcel less than the code required minimum of at least 10 acres devoted to vineyard or other agricultural purposes, located at: 1450 South Harbor Road, Southold, NY. SCTM#1000-75-7-1.4. 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, 2016 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 14UTIGE F HEAR11i+Ii� The following application will beheard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME CROTEAUX VINEYARDS (4 CROWS INC . ) #7013 MAP # 75.-7- 1 .4 VARIANCE LESS THAN 70 ACRES REQUEST LEGALIZE "AS BUILT" WINERY/TASTING ROOM DATE : THURS , APRIL 6 , 2017 1 : 30 PM 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 . 70 �11N, rz BOAPV =TOIAIRl OFSOUTHO- LD 765- 1809 «>r11NG 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: hq://southtown.nortlifork.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 Ilan (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. 1 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, 4 Zoning Appeals Board and Staff Ends. ��31r7 -7 RECEIVED JAN 0 8 2017 ZONING BOARD OF APPEALS To Whom It May Concern, , I am opposed to any variances/site plan approvals for Croteaux Vineyards. It sets a precedent. Thank you. r _Mi USA Town Hall Annex Building Zoning Board of Appeals 54375 Route 25 P.O. Box 1179 Southold,NY 11971 I J ' c D� .P� RECEIVED / JAN 0 3 2017 ZOiVIfVG BOARD QE9�PE4 lea, &X z „� 4-c> 8� *1015 Fuentes, Kim From: Lynne Krauza <Ikrauza@suffolklaw.com> Sent: Wednesday, March 15, 2017 11:48 AM To: Weisman, Leslie Cc: Duffy,, BjlJ;_EUerlte5 Kim; Martin Finnegan Subject: Michael_Croteau_and Four Crows,Inc. -Adjournment Request Attachments: ZBA letter 3 15 17.pdf Hi Leslie, Hope all is well! See attached letter regarding the referenced matter. Let us know if you have any questions or require anything further. Thank you. Lynne Krauza Legal Assistant to Martin Finnegan and Lisa Clare ICombrink Twomey, Latham, Shea,Kelley,Dubin&Quartararo,LLP 33 West Second Street P.O. Box 9398 Riverhead,New York 11901-9398 631-727-2180 (ext.252) fax: 631-727-1767 Confidentiality Notice: The information contained in this e-mail and any attachments may be legally privileged and confidential. If you are not an intended recipient,you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited.If you have received this e-mail in error,please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose,nor disclose all or any part of the contents to any other person. Thank you. 1 o1') Twomey, Latham, MAILING ADDRESS: Shea, Kelley, Dubin & Quartararo LLP Post Office Box 9398 Riverheadi New York 11901.9398 Attorneys at Law MAIN OFFICE: TlunnuB A.Twomey,Jr. 33 West Second Street (194$•2014) Riverhead,New York 11901.9398 Stephen B Latham John F.Shea,III Telephone:631.727.2180 Chrlstupher D.Kelley Facsimile:631.727.1767 David M.Dubin+ www.suffolkla%v.com Jay P Quartararo. Peter M.Mott mfinnegan@suf3'olklaw.com Janice L.Snead Extension 265 Anne Marie Goodale Direct Fax:631.574.1258 Baan C.Van Cott- Kathryn Dalli Laura I.Dunaihan March 15,2017 Lisa Clare Kombrink Patrick B.Fife Melissa H.Sidor Via: Electronic Mail Martin D.Finnegan° Reza Ebmhimi Kelly E.Kinirons Leslie Kanes Weisman, Chairperson Patricia J.Russell Town of Southold Zoning Board of Appeals BemnJ.Dr�E.Tuthtll go Southold Town Annex— 1St Floor Craig H Handler 54375 Main Road Alexandra HalseyStorch Melissa S DoriSouthold,New York 11971 s Daniel R.Bernard Kaaterinaa Grinko Re: 1450 South Harbor Road, Southold,New York OFLOKevin M. Fox SCTM: 1000—75—7— 1.4 Kevin Karen A.Hoeg AC Zoning District Jennifer P Nigro• Application#7013 —Croteaux Vineyards a NI SLABARU 1 U-M IN TA LIN • NYS Na BARB NY.N)S PA BARB Dear Chairperson Weisman. Please be advised that this office has been retained to represent Michael Croteau and Four Crows, Inc. in their application for area variance relief necessary for the continued operation of the Crouteaux Vineyard and Tasting Room. Pursuant to my conference with the Town Attorney's office, we are hereby requesting that the public hearing of the application, which is currently scheduled to proceed on April 6, 2017,be adjourned without a date pending the Town Board's review of the applicable provisions of the Zoning Code regarding wineries. Should you have any questions regarding this request or require any further information,please do not hesitate to contact me. Thank you for your consideration. OTHER OFFICE LOCATIONS- yours, 20 Main Street East Hampton,NY 11937 631 324 1200 51 Hill Street Southampton,NY 11968 ZM * D.Finnegan 631.287.0090 490 Wheeler Road MDF:glf Suite 150 cc: William McQuaid Duffy,Town Attorney Hauppauge,NY 11788 631.265,1414 Michael Croteau 56340 Main Road P.O Box 325 Southold,NY 11971 631.765.2300 erx ' adv Q r 24 a.e•I r Twomey, Latham, ��t I�rlrr;llrj Dlrc1 )ctTrc t�f Sclllrrf Shea, Kelley, Dubin & Quartararo LLP Post C)Ilice Box 9398 A T T O R N E Y S A T L A W RI%'CrhWd,New 5otk 11901.9398 MA I\01'1111: llx+maa A.T11omc^,It 1�1 ` "2+ `' 33 We>t Second Street (19;5-2,1141 1 D Riverhead,Nov York 11901-1)398 -�wphcn R L Idiom 11� q� Telephone.631.727 2180 john F.Simi.lit U Keller racsirmle:631.727.1767 (1111>[npher '.` t)aridM IhthinF %tiwnsuftolklaw�xom 1r, p f.{�wvtararu• mfinnegan,ii?sutfolklan.com Pater at tilnrr Extension 265 lantce L.Snead Direct I'm 631.571.1253 Aunt:ti tat to 600lde 11r).111 C. '1111 Cott• Kathrtl Dam December 28, 2016 1-,lune 1.1)mathan L,-:1(hre Konlbrnl. Patrick B F; \teit+�a H 1dar Via: Electronic Mail Martin D 1nmepn, Kelly E Kinlron, Leslie Kanes Weisman, Chairperson Lauren E stdo Town of Southold Zoning Board of Appeals Patricia J,Rmsell Re-a Ebrlhhnt Southold Town Annex— 1St Floor i3ry'n 1.Drag,, 54375 Main Road li<mtadette E Tuthill Graig H.Handler Southold,New York 11971 A1c,omira l labor•-Srorch NIeh1,a S.Dori, uanlel R Bernard. Re: 1450 South Harbor Road, Southold,New York ,`Pt(1P\*1 SCTM: 1000—75—7— 1.4 Kevin M.Fox Kare11 A I Ioeg AC Zoning District joinder R Ntgr,.• Application#7013 —Croteaux Vineyards • ii\•33,„4+,5'• Dear Chairperson Weisman: \l.\1. list Please be advised that this office has been retained to represent Michael Croteau and Four Crows, Inc. in their application for area variance relief necessary for the continued operation of the Crouteaux Vineyard and Tasting Room. Pursuant to my conference with the Town Attorney's office, we are hereby requesting that the public hearing of the application, which is currently scheduled to proceed on January 5, 2017, be adjourned without a date pending the Town Board's review of the applicable provisions of the Zoning Code regarding wineries. Should you have any questions regarding this request or require any further inforination, please do not hesitate to contact me. Thank you for your consideration. My best wishes to you, your fellow Board members and staff for a safe,healthy and happy new year. OTlOROrr.O:1.1)t:-1Ttc1\; ai- ",K) 10\I 11"Slr,et E w IIampt+,n,NY 11937 6 31,11-I I NO 51SootImnl•u,n NY I1116ti6111Is.1;1)x,\\'het It 1 Ro.d I6;G. MDF:glf I1,,1,',.,1,t,,.'•s) I I7SS cc: William McQuaid Duffy,Town Attorney 1.31 '(6 141A Michael Croteau 5040M.1111 1:.+,1,1 1'o P-N Q5 ,4,md,,.l,l,M 11.171 1,31 7165,r i;o December 20/2016 0 V �-✓ William&Kimberley Richter DEC 2 0 zoffi 525 Brigantine Drive ZONING BOARD OF APP Southold NY 19971 Southold Town Board Attention : Board of Appeals 53095 Route 25 Southold, NY 11971 To whom it may concern: We have recently read the recent Suffolk Times article, on Southold resident Mr. Michael Croteau—Croteaux Vineyards, request for a variance. Please be advised, this being confidential, and for town purposes only, We stongly oppose Mr. Croteau/ Croteaux Vineyards being granted a variance. Thankyou William E. Richter Kimberley A. R chter BOARD MEMBERS *®F so Southold Town Hall Leslie Kanes Weisman,Chairperson � �� 53095 Main Road-P.O.Box 1179 �® �® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �® a® 54375 Main Road(at Youngs Avenue) Kenneth Schneider Cam 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, JANUARY 5, 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, JANUARY 5, 2017: 11:00 A.M. - CROTEAUX VINEYARDS #7013 - Request for Variance(s) under Article III, Section 280-13A(4) and the Building Inspector's October 7, 2016, Amended November 2, 2016 Notice of Disapproval to legalize an "as built" winery and tasting room, at: 1)winery and tasting room facilities located on a parcel less than the code required minimum of at least 10 acres devoted to vineyard or other agricultural purposes, located at: 1450 South Harbor Road, Southold, NY. SCTM#1000-75-7-1.4. 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: December 15, 2016 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 NuTIi. E uF HEARINu The following application will be heard by the Southold Town, Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME CROTEAUX VINEYARDS (4 CROWS INC.) #7013 MAP # 75 .-7-7 .4 VARIANCE LESS THAN 70 ACRES REQUEST LEGALIZE "AS BUILT" WINERY/TASTING ROOM DATE : THURS JAN . 51 2017 11 : 00 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 . ^ R' IP' S Bn, ARP =Tn11W,1P 7F SO UTHOLD 765 = 1 809 1 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: hqp://southtown.northfork.net December 5, 2016 Re: Town Code Chapter 55 -Public Notices for Thursday, January 5, 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 December 19th: 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 December 26th: 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 December 28Sth: 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 January 3, 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. l +i #13093 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 a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 29th day of December, 2016. i Principal Clerk LEGAL NOTICE , da Of �-'q�z/b 2(]17. SOUTHOLD TOWN ZONING me this Y BOARD OF APPEALS THURSDAY,JANUARY 5,2017 PUBLIC HEARINGS 10:15 A M -• RICHARD AND NOTICE IS HEREBY GIVEN, SCHEHERAZADE MADIGAN pursuant to Section 267 of the-Town #700 - Request for Variance(s) iin- URISTIZNA VOLINSKI Law and Town Code Chapter 280 der Article III,Section 280-15 and the (Zoning),Town of Southold, the fol- Building Inspector's September 22, NOTARY PUBLIC-STATE OF NEW YORK lowing public hearings will be held by 2016,Notice of Disapproval based on No. 01V06105050 the SOUTHOLD TOWN ZONING an application for a building permit Qualified In Suffolk County BOARD OF APPEALS at the Town to construct an accessory in-ground My Comrnrssien Rxplras February 28,2020 Hall,53095 Main Road,P.O.Box 1179, swimming pool and an accessory Southold,New York 11971-0959,on trellis, at: 1) the proposed in-ground 11:00 A.M. - CROTEAU7{ 130 PM TONY AND SU- THURSDAY,JANUARY-&2017. swimming pool located in other than ; VINEYARDS #7013 - Request for ZA 30 P.M, TON -Request for 9:30 A.M.-COLIN CASHEL AND the code required rear yard; 2) the Variances)under Article Hf,Section ,a Variance under Article XXIII,Sec- I{RiSTEN CASHEL#7016-Request proposed trellis located in other than ( 280 13A(4) and tie,Building Tnspec- tion 280-124 and the Building Inspec- for Variance(s) under Article XXIII, the code required rear yard,located, ipr'st:Qctober,7,,2WV,,Qjmetnaed No. 280-124 and the Building In- at: 856 Narrow River Road, Orient, vember 2,2016 Notice,of:Dlsapproval tot's October 20,2016,Notice of Dis- spector's October.6, 2016, Notice of NY,SCTM#1000-27-4-9.6. t0 legalize=an"as builMf winery and approval based on an application for a Disapproval based'on an application building permit to construct additions PP PP 10:30 A.M. ELIZABETH (-�umg-rogm,;at:J�dner3hand tasting and alterations to an existing single for a building permit to alter rip ex- BRANCH #7010 -- Request fora rgptufacilities;Ioaared''dn•aparcelless isting porch attached'to a pre-existing Variance under Article II Section q� .minimum of at family dwelling,ac 1)proposed minaddi- tion less code,re tt{:e ro tion less than the code required mini- single family dwelling,at: 1) the pro- 280-13C anil'the Buildfrig Inspectof'§ least l0,acres devointiyto.,v&eyar yr posed alteration is less than the code September 19,2016,Notice of'Disap- I gi4er,,agiicultural,purposes,-located mum front yard setback of 35 feet; required front yard minimum setback proval based'on an applioatioti fora '14 required Harbok-,Road,South- located, at: 500 Old Shipyard Lane, of 35 feet;2 the proposed porch al- of -NY.SCTK#1000-75,7.1.4,. t-, Southold,NY.SCTM#1000-64-2-46. P P P permit to demolish an•existing a"cces- �� The Board of Appeals will hear teration is contrary to a prior appeal sory cottage and a building permit ( ft-15 A.M. - CAPTAIN. ED'S condition (# 6880, dated September to construct a new accessory ! MARINE SALES. INC,#7014 4 Re- all persons or their representatives, 17,2015)that porch remain as uncon- with an.expansion,•at:l)the proposed quest for Variance(s) underi Article desiring to be heard at each hear- 17, space;located,at:162 Lower construction is not a permitted Mdces- XI, Section 280-49 and the Build- ing,and/or desiring to submit written Shingle Hill Road (AKA Fox Ave- Cs�9ry use, at:5160 Indian Neck 1aYte ing Inspector's September 19, 2016, statements before the conclusion of nue),Fishers Island,NY.SCTM#1000- I (Ati to Hog Neck Bay,Little RLC amended,September 30,2016;Notice each hearing. Each hearing will not 9-1-26., t Bay),Peconic,NY.SCTM#1000-98-4- of Disapproval based,on an applica- startearlierthan designated above. 9:45 A.M. - R. BRADFORD Ic,2ia�x _ .r, __ tion for a,building,perinit to construct Files are available for review during BURNHAM III #7015 - Request for 10'45 A'M-MARIA A HAur a storage building and to propose regular business hours and prior to a Variance under Article I11,Section I ADIS."ANTHONY ZA HARIADISS boat storage,and parking,,at:1) the the day of the hearing. If you have 280-13 and the Building Inspector's AND ZACHARIA ZAf' Sgj i� proposed building-is'less than,the questions,please contact our office at, August 2,2016,Notice of Disapproval., DIS#7012 - Request for a,Variance code required front, yard minimum (631) 765-1809, or by email: KimFC based on an application fora building under Article IIT,Section,280-14 and 'setback of 100,feeti 2) the p�gpoted southoldtownny.gov permit to construct a boathouse(stor- the Building Irispector•'s,September building is less than the code're',cquired Dated:December 15,2016 side and minimum setback of 25 feet; ZONING BOARD OF APPEALS age building) on a vacant residential 21, 2016,-Notice of Disapproval to Y LESLIE KANES WEISMAN, parcel,at:1) the proposed boathouse I permit a lot line change(merger),at: located,at:9605 Route 25,Mattituck, CHAIRPERSON (storage building) is not a permitted 1) the lot line change (merger) will NY,SCTM#1000-122-6-12. By:Kim E.Fuentes use;located,at:Penninsula Road(adj. result in a lot having less than the re- 1:00 P.M. - ALLEN OVSIANIIC 54375 Ivlain.Road(Office Location) to Darbie's Cove),Fisher's Island,NY i quired 80,000 sq, ft. in area,at: 1775 #7017-Request for Variance under Article III, Section 280-14 and the 53095 Main Road(Mailing/USPS) SCTM#1000-10-4-9.2&1000-10-4-9.3. Little Neck Road, Cutchogue, NY. P.O.Box 1179 SCTM#1000-103-5-1 and 1090-103-5- Building Inspector's November 21, Southold,NY 11971-0959 5. 2016, Notice of Disapproval;,based on an application to permit a lot line 13093-1T 12/29 chajge to create a lot,at:1)less than the-code required minimum lot size of 80,000 sq. ft.; located, at: 32930 Route 25 and 225 Eugene's Road, Cutchogue, NY. SCTM#1000-97-2-15 &16.5. BOARD MEMBERS J OF S0 Southold Town Hall Leslie Kanes Weisman,Chairperson �� yQIO 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes #t 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 Mum� Southold,NY 11971 http://southoldtown.northfork.net D C ZONING BOARD OF APPEALS NOV 0 4 2016 TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 South61d Town Planning Board MEMO TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: November 4, 2016 SUBJECT: Request for Comments ZBA#7013 — Croteaux Vineyards (4 Crows, Inc.) 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 Croteaux 75.-7-1.4 #7013 1/5/17 280-13 10/31/16 Young & Vineyards (4 AC Young Crows, Inc. Your comments are appreciated by one week prior to above hearing date. Thank you. Encls. BOARD MEMBERSof so _ Southold Town Hall ar Leslie Kanes Weisman,Chairperson �� yQ 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning MIA� � 54375 Main Road(at Youngs Avenue) Kenneth Schneider COU NTY,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 November 4, 2016 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 #7013 Owner/Applicant: Croteaux Vineyards (4 Crows, Inc.) Action Requested: Legalize "as built" tasting room Within 500 feet of: ( ) 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: o Encls. BOARD MEMBERS r S�Ul Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road•P.O.Box 1179 !p Southold,NY 11971-0959 Patricia Acampora 0Office Location: Eric Dantes c/l �c Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��CDUM Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 July 12, 2017 Martin D. Finnegan, Esq. Twomey Latham Shea, Kelly, Dubin& Quartararo LLP P.O. Box 9398 Riverhead, NY 11901 Re: ZBA File#7013 Croteaux Vineyards SCTM No. 1000-75-7-1.4 Dear Mr. Finnegan; Enclosed is a copy of the Zoning Board's July 6, 2017 determination filed today with the Town Clerk regarding your application. Sincerely, Kim E. Fuentes Board Assistant Encl. UPTeRvX V(Vgi92 5 LINE 9' m ,q I / �a N 3250 L �0 1 L(✓FtL 152 814A(c) C (TOWNOF SDU7HOLD 161 /V, DEVELOPMENTR/GHTSJ .y 22A ! �� 28 /�/',, A09 �CHURCH OF THE $ 18 9A(c) d+`' .I�il^I a � � OPEN DOOR 151 t ^ 'a a �i _�//� 7)a a .w 2 7A(c) m Im IR v N5 1 pct 12 .' •Aa ';y• $. N3 nil. pP 4- S p a,° Y RECHARGE BASIN) v.5 O�ODM a a Ir ^0�"' �(LL• - �, N'3 �pP 'ld rn S FR �5P �1P ,D n .$ �Plcl S an I�Y/ � ! tpJSnETtc1 o �c IP�OpTS�P,t,Oea B 22 2 273A(c) I\Vo .�' �� •p�J.�,y � SOUTHOLD 1.5 'O ,q FIRE DIST v $ 22 5A � 97 4 (TOWNOFSOUTHOLD I 280A �9 DEVELOPMENTRIGHTS) $ 4 � 7 (COUNTYOF SUFFOLK 4A DEVELOPMENTRIGHTS) •3 0p 7FSUFFOIK ENTRIGHTS) 4J O 4 F OgP ' 5 y�P s 1• O d � a 74 61pP ,� 51A(c) o '` 8 .3 ry0 s O 72 § FOR PCL NO 8 ro zz_ 52A(c) SEE SEC NO at Qd'om aye +� 088.03-001 O�.�O Iew� boc �. j,N F�O � oywo -- ---- -- —UNE MATCH--�--- -- �— ---� -- e�LINE m N321.882 SEE SEC NO 095 SEE SEC NO 088 NOTICE $$ �lp� COUNTY OF SUFFOLK © K ms w9 OTB TOWNOF SOUTHOLD SECTION NO ND MAINTENANMALTERATION.SALEOR Fy Real Property Tax Service Agency Y DISTRIBUTION OFANY PORTION OF THE a�a F- US VILLAGE OF 75 SUOL FFK COUNTY TA%MgP13 PROHIBITED Gt• County Center,fLverheetl,NY11901 M °T° w5 UT KRRTEN PERMISSION OF THE sy`S-' SCAIE IN FEET A _ _ � --- p OISTRICi NO 1000 77