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Home My WebLink AboutNorth Fork Brewing Co, LLC SOUTHOLD TOWN BOARD SPECIAL EVENTS APPEAL HEARING August 1, 2017 7:31 PM Present: Supervisor Scott Russell Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney William Duffy Absent: Justice Louisa Evans This hearing was opened at 7:46 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold hereby sets Tuesday, August 1, 2017 at 7:31 PM at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the Appeal of the denial to hold a Special Event of North Fork Brewing Company, LLC. I do have an affidavit notarized that this hearing has been noticed on the Town Clerk's bulletin board and I do have a legal notice from the Suffolk Times dated July 27, 2017. 1 have the application for a special permit to hold a special event. I do have a denial here from the Zoning Board of Appeals dated July 7, 2017. And that's it. SUPERVISOR RUSSELL: I would invite anybody that would like to comment on this hearing to please feel free? PETER BARRAUD: My name is Peter Barraud, I am one of the co-owners of North Fork Brewing Company LLC. I was hoping to gain some clarification here on our denial, it's my first go at this, so I wrote down a written statement so I don't go around in circles. SUPERVISOR RUSSELL: Sure. MR. BARRAUD: Dear Board members, Thank you for taking the time to allow our company to appeal the recent special event permit application denial from North Fork Brewing Company. After reading over the reasons for denial, compacted by the recent article written in the Suffolk Times with regards to reviewing the way the ZBA rules on special events, I felt it was necessary to speak with the Town Board face to face, as letters and applications really fall short on painting a clear picture of our mission for two family movie nights on our farm. To give an incredibly Special Events Appeal—North Fork Brewing Company August 1, 2017 page 2 brief timeline, we submitted our application on June 91h for two Thursday family movie nights on our hop farm. At each of these events, families were going to be able to sit within the hop field, a relatively recent industry on the North Fork, bring their own food, watch a family movie and taste beers from one of the very few Long Island farm breweries that work alongside our farm and feature our products. On June 15th I received a list of concerns from the ZBA, all concerns directly related to our farm were with regards to parking, driver safety, and noise standards as outlined by Chapter 180 of the Town Code. An official response was sent back June 20th and on July 7th we received our official denial, listing new and separate reasons/concerns not previously referenced in the letter I received prior. The two reasons for denial were `no clear and direct nexus between the marketing of our agricultural products as a hop farm, the product of beer to be sold and the movie night' and we also failed to submit our application 60 days prior to the events. July 17th I submitted an appeal and today my shining face is before you all for an official appeal hearing. My purpose now is to address these two reasons for denial in hopes to bring greater clarity to the purpose of our event. With reference to `no direct nexus between the farm, movie and beer' I feel this is really a concern of how we are promoting our agricultural product. Within the letter, an example of weddings on wineries was used stating that their ability at these functions to promote their product enabled them to have the special event. Unfortunately, the beer industry, including the farming of raw ingredients and production as a whole varies greatly from wineries, the single most reason is the fact that unlike vintners making wind using only one major agricultural ingredient of grapes, beer requires multiple products (hops and grain for example) only one of which, hops, has been tested and proven to successfully grow on Long Island. Grain just isn't tested to have longevity out here yet. Our movie night was to bring local families that drive by our farms daily to understand the process of the industry and how farms are attempting to play a large role in the growing craft beer scene. The choice of Moustache Brewery was to further demonstrate how we market our products 'to small farm related businesses like Moustache and showcase our products. That's the only way we can showcase hops, minus the pickle hops we have available. I feel there is a great misconception of this recent industry on Long Island and misunderstanding that local young farmers are working hard to bring new job opportunities and business to the east end through hop farms and farm breweries. I can remember gaining a lot of respect and understanding through other businesses around here such as Old Field when we used to be able to go watch movies, my mother and father would bring us and we were able to bring our own food. The second criteria for our denial, as listed by the ZBA for not submitting the application at least 60 days prior. This is a very cut and dry reason, however, I was unaware that failure to submit 60 days prior would be a reason for denial. I was aware that there was risk of a $250 additional fee on top of our $150 application fee if submitted less than 60 days but I was unaware it would be criteria for denial. To some, this is a small sum of money, to us this represents money used for equipment like choir, the product used to grow plants on but we were willing to risk the initial cost to promote our product and educate the local families. In closing, this event was never to take advantage of our land, in which all development rights are intact. Our purpose was to charge no more than $10 a car load, to cover our application cost, bring our family and local families out on a summer week night no matter their budget, learn about our products and what our farm actually does with the hops and enjoy classic movies Jumanji and Home Alone. So I was just hoping to hear your take, I am sure you have all read the denial. Just to gain clarity, it was our first go at trying to promote an event. We weren't really able in the application to really narrate how we were promoting our product. I Special Events Appeal—North Fork Brewing Company August 1, 2017 page 3 didn't really even know that it was a piece that we had to include in the application, the initial application. So I am not sure if you guys can elaborate, any comments? COUNCILMAN GHOSIO: I have a question?' MR. BARRAUD: Yes? COUNCILMAN GHOSIO: How do you plan on presenting the hops to these folks that come on movie night? MR. BARRAUD: Right, so we scheduled both movies when the hops are still on the choir and still at their greatest heights, the main reason so they can see them when they are ready to be harvested. The goal was to have some informational pieces on Moustache Breweries beer vending table to kind of explain the process of beer making and how we harvest our hops from their raw state into a finished state and then sell them to local breweries. The other way was we do have'pickled"hops that would be available because although the main purpose of hops is for the brewing industry, they are very tasty and also pickle like, so we were kind of hoping to show the different facets that hops are used for. That's how we were going to kind of profile our business. COUNCILMAN GHOSIO: And what movie were you planning showing? MR. BARRAUD: Yes, there are two great ones. Jumanji and Home Alone. We can't really show beer related movies I don't think anyone is going to want to bring their kids to those sort of movies, so we were hoping for family friendly movies. COUNCILWOMAN DOHERTY: Does Moustache Brewery use your hops? MR. BARRAUD: They do, they are one of the few farm, licensed farm breweries that are within a local radius that purchase our products, use our products and also help promote the purpose of the farm brewery act, which is agriculture, not so much beer making. SUPERVISOR RUSSELL: The special events legislation that was crafted a few years ago with ag and markets and with the local agricultural advisory committee and others, the whole purpose of it to allow special events in an agricultural zone was to promote and market the sale of the products that are grown there. You are not meeting that burden. There is no nexus between the agricultural production and the special event itself. First of all, there's no beer that's produced there, second, I think hops is about a half an acre, if that based on the aerial survey you gave us. Third, the sale of beer, it's not even an agricultural product, so you know, I am not sure where that nexus is to say that a special event should be held in an agricultural zone where it doesn't seem that related or at all related to agricultural sales. MR. BARRAUD: I guess when looking at the rationale of the vineyards and the wedding pieces, I would have just as much trouble in that frame of mind to see a connection as well, they are profiling their wine, I understand it's made there. right now there's no zoning codes to allow us to brew on our property so I thought of an avenue to kind of educate people on the hop industry Special Events Appeal—North Fork Brewing Company August 1, 2017 page 4 as it's being young, it's to at least gather a local business that supports us and includes our product in it and I figured with the sale of those beers that include our hop in it, it would equivalent to the example of wineries selling their wine and profiling their wine at a wedding. SUPERVISOR RUSSELL: They are producing the wine on site that they are selling on site. That's promoting the sale of the agricultural product which is recognized in the code. MR. BARRAUD: Right. SUPERVISOR RUSSELL: You are not doing that here. You are not producing there, you are not producing a product that's recognized as agriculture in Southold, whether it should be or not is an ongoing discussion we are having with a new committee. You know, but honestly, I have to be honest, what if another business wants to market their business? Are they allowed to do that in an agricultural zone? Is another restaurant, you know, whatever the business is, are they allowed to do that? We have already turned down applications in the past because there was no nexus. MR. BARRAUD: Right. I understand that, I mean, I have been to plenty of weddings out here as well and I am only referencing the weddings because that was the one example given to me. We all know that it's not just the wine that's featured there. There's food brought in, there's other beers that aren't made on premise that are sold there as well. I honestly thought that I could prove a nexus between that, I mean, it's still a related product and our product is featured in it. We just can't produce it on our property but another company can and we were featuring that. I mean, the whole purpose wasn't necessarily to promote Moustache Brewery as to promote the farm brewing license and the fact that we co-exist and that we follow through with it and we sell our products to them. And I mean, if we had taken out I guess, I am just asking questions and things like that, if we had taken out the Moustache Farm Brewery from that event permit, it would be very difficult for any farm to show a nexus in their product and show a movie night. I guess others, I would look for an example of a special event permit given out to an agriculturally zoned land that they were able to show a nexus between their product and the event, I guess berry picking or the lavender farm, I know you can go and pick lavender and things like that. Is that what the Town would look for, for a permit? SUPERVISOR RUSSELL: The lavender farm grows an agricultural product, then they sell their product on site. They don't apply for special events permits because they are not special events. MR. BARRAUD: Right. SUPERVISOR RUSSELL: But generally when a winery hosts a wedding, they show that the wine is being sold at the wedding. When a flower farm has a wedding, they show through the contract they have there that the flowers they are growing there, are being sold to the wedding party there. But we have had other applications in the past where we have said no because there doesn't seem to be any relationship between selling what you are growing and the event itself. MR. BARRAUD: Yes, and I absolutely understand that, I probably should have shown it, part of it I know we didn't apply within the 60 days and you know, it just doesn't allow for that time, Special Events Appeal—North Fork Brewing Company August 1, 2017 page 5 I can see why you need more than 60 days to get a process like this approved, however, I probably could have approved because we have crops from previous years for sale. You know, frozen hops and things like that. We could have proven that they would have a booth and for sale then. There was just nothing in the initial permit for a special event that was specific for ag, I mean it would be great if there was a specific one. Unless there is and I missed it. So that, with the criteria completely listed there or brought up in the initial concerns given to me on the, the first round of concerns, how far the movie is from the road and things like that. I probably could have been able to address that and proven that in writing. We could have featured our product for sale there, if that was a requirement. SUPERVISOR RUSSELL: Yes, I think that first letter was the information needed to deem the application complete. MR. BARRAUD: Okay. SUPERVISOR RUSSELL: It's not, you know, prove to us that this isn't a problem, this isn't a problem and we give the application or give the approval, that's not how it works. Also, I don't think you could have proven that you were selling agricultural products because you have got to sell it to the people that are there, (inaudible). MR. BARRAUD: Right. SUPERVISOR RUSSELL: I am glad you have a growing operation and we are going to consider these things but I am going to be honest, I think this application is a little unfair. First of all, it puts us in a position to having to say no to an application that clearly doesn't, isn't at all consistent with the spirit of the special events legislation, the goals of the special events legislation when it was originally crafted. Secondly, we sort of get put in this position of looking anti-business and anti-agriculture and the fact of the matter is, it's neither. MR. BARRAUD: Oh, I am completely aware of that and I am sorry if you interpreted it that way in this and I didn't want to put the town in a weird pickle by any means. I mean, our goal was to have families come to the farm and we could easily, we could sell the products directly to people, we are licensed to do that. I mean, if there are people that understand what a hop farm is, I am assuming they are into the craft beer, they might be a home brewer, they probably would purchase our products there for that. You know, the appeal of it wasn't to try to put the town into a weird situation or something that's trying to paint a picture of you guys being anti-ag or anti—business for that matter at all, it's just two movie nights. I just wanted to gain clarity, that's the purpose of this, that's why I asked my family to come along and hear about it. That's it. Because I would like to, clearly the summer is on its way out unfortunately we are already into August. The other date that was listed on our application is two days from now, it's not going to happen but maybe next year we could figure out a way to apply and follow the town code to be able to have a movie night out there. COUNCILMAN DINIZIO: Well, are you ready to try to create that nexus? MR. BARRAUD: Well, if the nexus... Special Events Appeal—North Fork Brewing Company August 1, 2017 page 6 COUNCILMAN DINIZIO: I get that they are in the beginning of the application, you know, that's just the pro forma stuff, that's all, you know, what she asked you for. The parking plan, how are you going to place the speakers, that's all part and parcel, you know, they want to get an idea of what the site is like. MR. BARRAUD: Right. COUNCILMAN DINIZIO: Then they look at the, she is going to look at the application and she is going to get information from the Planning Board, the Police. That's how that application process works. And based on what she made her decision, you know, I don't think she really had enough time to really get you to, (inaudible). It was too short an amount of time. That's what I am getting at and the second thing is, you need to create that nexus for us. we need to understand you know, I am getting a little bit that you are trying to say that because you are selling the hops to a distributor, that you distribute the hops to the person that's going to make the beer and bring it there, that's a stretch when you are thinking about how the wineries do it but certainly this, it's a way that you want to showcase your product. MR. BARRAUD: Yes. COUNCILMAN DINIZIO: I think we all want to encourage that, okay, but in the scheme of today's legislation and the decisions that the Chair of the Zoning Board has been making for the past, probably the past two years, there is no where she has approved anything anywhere as vague as you're asking us to. MR. BARRAUD: Right. I guess the purpose of the appeal is if I would come forth and show you that nexus and quite simply, if it's as simple as having our products showcased from previous crop years, I mean right now it's not ready to be harvested for 2017 but we could easily show that moving forward, that we have our products for sale for anyone that's attending the movie night to purchase. I mean, if that's all you need to show a nexus.... SUPERVISOR RUSSELL: Well, then we have to step back and look at the other issue, is that standing on its own, is the hops farm considered a bona fide agricultural operation that, the way the code has defined it because you need at least seven acres and over $10,000 in production, if you are under seven acres, you need $50,000 in production. You are not there yet. You are not even close to there yet. MR. BARRAUD: Well, I know we coexist on a farm that meets all of that, we are a separate entity but combined within it, we lease land from a farm that does meet those criteria and I absolutely get that, again, if these were pieces that were listed in the application process for this, I probably could have done it. COUNCILMAN DINIZIO: Well, wait, stop there, because the reason why it's not is because it's in the ag law, right Scott? SUPERVISOR RUSSELL: We don't really... Special Events Appeal—North Fork Brewing Company August 1, 2017 page 7 COUNCILMAN DINIZIO: It's how you define (inaudible)...that ag and markets tells us that this is what a farm is and then we have a certain amount of money that it takes all of those things make you what you claim to be. MR. BARRAUD: Right. COUNCILMAN DINIZIO: And then we make our decision based on that. the permitting process is just a question of okay, yes, you have a product, you are a bona fide agriculture and okay, now you can apply for this permit and do it on this particular piece of land but... MR. BARRAUD: Right. COUNCILMAN DINIZIO: But you are saying you only have a couple of acres of hops and you are saying that's a bona fide operation because you have other crops. MR. BARRAUD: I mean, I am sure we can just sell flowers on the property too... COUNCILMAN DINIZIO: I get that, maybe that's what you do. maybe that's what you do, maybe have a fair that has some of that stuff, all of that stuff in it. MR. BARRAUD: Right. COUNCILMAN DINIZIO: Come, we have some hops here, we have flowers here, maybe that's the way you present it. MR. BARRAUD: The next time, absolutely. And then as far as, the final clarification piece is just, I was unaware that the timeframe is a reason for denial. Is that a reason that is commonly practiced because I did... COUNCILMAN DINIZIO: I think that is how she, the Chair of the Zoning Board, she has done that several times. MR. BARRAUD: Right. That's just kind of odd because there is a$250 additional fee to that, if you know, under that time frame, I know it's not a lot of money by any means but for me we wouldn't have wasted the $150 initial fee if we knew no matter what , separate from proving the nexus between the two pieces, I wouldn't have wasted the $150 just to be denied for the timeframe that I was unaware of. SUPERVISOR RUSSELL: That's fair, we'll look into that. COUNCILMAN DINIZIO: And that's one of the reasons we are looking at it. That's one of the reasons you read in the paper because there are some things that just kind of getting out of hand and we need to, in my opinion, we need to make it more of a public process for you people to come in and let the public have a say in these events that are going on. That's the direction we are going. Special Events Appeal—North Fork Brewing Company August 1, 2017 page 8 MR. BARRAUD: Thank you. We will take this information and for next time. COUNCILMAN DINIZIO: Maybe the process will be different by the time you do it again. SUPERVISOR RUSSELL: Please. Just to go back and clarify, we have actually had, this has been an ongoing discussion because people are stretching the special events code pretty far, so we've actually gone back and denied people until they can go back and show us that they are making their guests buy the stuff, whether it's Christmas trees or it's flowers, we are making them do that. Because that is what the original intent was. MR. BARRAUD: Right. SUPERVISOR RUSSELL: And when they can comply, we approve it. When they can't comply, we deny it. This hearing was closed at 8:06 PM Eliz eth A.Neville Southold Town Clerk #0002097700 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 07/27/2017 J/1� — Principal Clerk Sworn to before me this day of WHRISTINA NOTARY PUBLIC-STATE OF NEW YORK No 01V06105060 Quallfled In Suffolk County My COMMIsbion EX9110 February 28.2020 TYPESET- Mon Jul 24 15:29.41 EDT 2017 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold hereby sets Tuesday,August 1,2017 at 7 31 PM at the Southold Town Meeting Hall, 53095 Main Road,Southold,New York as the time and place for a public hearing for the Appeal of the denial to hold a Special Event of North Fork Brewing Company,LLC. Dated-October 18,2016 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A Neville Southold Town Clerk Dated July 18,2017 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A Neville Southold Town Clerk 2097700 i )f i $ENI.ERiCOMPLETE THIS • • • • I + ■ Complete items 1,2,and 3. A. Si at re Print your name and address on the reverse ❑Agent so that we can return the card to you. Addressee I Attach this card to the back of the mailpiece, Received y(Prinjted Na C. Date of Delivery or on the front if space permits. �`At �7J �/� �fiAf 1. Article Addressed to: D. Is delivery address different from item 1? Uyes r if YES,enter delivery address below: ❑No �� re OCA t.f L L 01 jj� nn 1 rGCO 41) 111111111 IIII III I II I III I III III III III I 111111111 IIIIIIII 3. Service Type ❑Pri rdyMad Express® t ❑Adult Signature 16 Al O egistered MailT"' ❑Adult Signature Restricted DelivdPlITt Registered Mail Restricted 9590 9402 2663 6336 3042 75 6 Certified Mad@ Delivery i ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Goll�ctog,peliy�ry_ Merchandise pre Confirmation .2. Arti L Ure ConflaZion 0i' ked Delivery 1 + r PS Fol ,��+,+o��,� eturn Receipt . t °ooLn Ln Da ca °M o C3 r- M Certified Fee r-9 Postm-4ftV 0 Return Receipt Fee -°-- !. O (Endorsement Required) $fj,00 RestrictedDelivery Fee (Endorsement Required) ® LL .D ll l-3 Total Postage&Ags° . r3S nt Ti O�t7 Q Street,Apt: 2 lti or PO Box No. l..a S�.a_... .1�....._. .........................e_ City State ! 4 ` I —/ _....__. F LUTION (ID # 13274) REVIEWED DOC ID: 13274 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. (ID# 13274) WAS REVIEWED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 1, 2017: RESOLVED the Town Board of the Town of Southold hereby DENIES the Appeal of the North Fork Brewing Company of the Denial of its Special Events Application pursuant to Section 205- 6 of the Town Code of the Town of Southold, and be it FURTHER RESOLVED the Town Board of the Town of Southold hereby authorizes and directs that the late fee paid by the applicant in the amount of$250.00 be refunded. Elizabeth A. Neville Southold Town Clerk b� it From: Peter Barraud [mailto:barrpa86&gmail.com] Sent: Monday,July 17, 2017 12:42 PM To: Neville, Elizabeth Subject: Event Permit Appeal Dear Mrs.Neville, I am writing to officially appeal a recent denial letter I received from the ZBA regarding an event permit on our farm located at 39395 Rt 25 in Peconic. The event was a family movie night on our hop farm for this July and August. The reason stated was the event did not promote our agricurtal land/business and was not submitted in an appropriate amount of time (we submitted a month prior to our event). An original list of concerns were emailed to me about three weeks prior regarding noise, and distractablity of drivers as well as appropriate parking. All of these concerns were addressed and answered. I was hoping for a clarification with regards to the reason for denial. I was unaware an event planned had to directly promote the buisness if located on agriculturally zoned land. Both family movies were going to take place on our farm emersed in the hops, and were going to be profiling our major farm brewery that uses our product. Another reason listed for denial was-the timeline. I was under the impression if less than a certain amount of days until the event there would be a penalty fee,not a reason for an event not to take place otherwise I would not have wasted the $150 application fee. The over arching purpose of the event was to profile the NYS farm Brewers legislation and show how farms are working with local farm breweries to create local products. The secondary reason for the event on two Thursday's this summer was to promote local families to come-out and have an opportunity to watch a family movie and see how farms are adapting to new products and industries. Please forgive me for any grammatical errors or typos as this was composed on my cellphone in the field. I am happy to drop off the denial letter and original application later this week. I wanted to make sure I followed the 10 day limit on appeals and submit this email. Thank you, Peter Barraud North Fork Brewing Company Hop Farm Peter Barraud,M.Ed BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson •�' 53095 Main Road.P.O.Box 1179 '_ � ,(�, Southold,NY 11971-0959 Patricia Acampora Office L•ocation: Eric Dantes - Town Annex/First Floor,Capital One Bank Gerard P.Goehringer Q; �4 54375 Main Road(at Youngs Avenue) Nicholas Planamento � �o� n Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)'765-9064 June 15,2017 Lauri Spitz &Peter Barraud P.O. Box 12 Peeonic,NY 11958 Via E-mail &Regular Mail Re: Special Event: Hop Yard Movie Night,July 13 &August 3,2017 Property: 39395 NYS Route 25, Peconic, Dear Applicants: The,Chairperson oftheBoard of Appeals has reviewed your Special-Event application-submitted to us on June 9,2017 for two movie night events scheduled for Thursday,July 13 and Thursday,August 3, 2017. According to the,procedures and standards,of special event provisions detailed in Chapter 205 of the Southold Town Code, a special event approval shall be determined after careful consideration of any or all-impacts on adjacent property owners and the surrounding neighborhood. After reviewing your application,the Chairperson has the following concerns which she asks,you to address:. 1. NOISE: How will noise prevention that adversely impacts nearby residential and other properties be dealt with while projecting sound with large"speakers to-be heard over traffic noise?How far from Route 25 are the speakers to be located?How will noise prevention be assured in accordance with standards enumerated in Chapter 180 of the Town Code. 2. SAFETY TO DRIVERS: The open event area carved out from the hops field isnot opaque and space can be seen between ihe'poles from Route 25. .How will you prevent distraction to drivers from seeing the film projected on to the movie screen when driving in both an easterly or westerly direction? What is the distance of the movie screen from Route 25? If you propose to amend your application so that the movie screen is facing north, is the back of the screen that would face Route 25 opaque? 3. PARKING: Parking areas require 300 sq. ft. per car. According to the total square footage of the two parking areas you designate'on your plans,-you have room for 71 cars ,not the 100 cars you anticipate in your application. Either amend your application or provide additional parking area. Page 2 Special Event-,Hop Yard Movie Night Also, all parking must be on site. Please explain how you will prevent cars from parking on Route 25 and/or on preserved neighboring properties. 4. Please also be advised that a NYS Liquor Authority permit should be presented and posted on site when alcoholic beverages are served. On behalf of Chairperson Weisman,thank you in advance for your"response. Sincerely, Kim E.j.-i Crites Board Assistant ,I r Peter Barraud, M.Ed North Fork Brewing Company PO Box 12 Peconic, NY, 11958 June 20th, 2017 Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Re: Special Event: Hope Yard Movie Night Dear Board, I have numbered the responses that correspond with the numbered concerns emailed to me June 15th 2017. Thank you for taking time to look them over. I noticed Lauri Sptiz was included in the letter; Lauri is the owner of the vender (Moustache Brewing Company), the company that will be present at both movie nights, Lauri is not legally affiliated with the property or North Fork Brewing Company. A quick note for the purpose of these two movie nights that was not narrated on the application; our purpose of showing two movies on Thursday nights and not during the weekend is to encourage local families in the town to enjoy the Agricultural setting and feeling of community. We are showing two family friendly movies so that all ages can enjoy time in the field with their families. 1) Noise: a. The event space is encased on the north, south, and east side of the field by the hops. The plants grow 25 feet tall and will damper most sound. We have tested the sound system and movie during the same time of year and took note that noise from the movie by the time it reached Route 25 was overcome by the road traffic and made it extremely difficult to hear by a walking passerby. b. The speakers will be located 165 feet from Rout 25 and will be facing West towards no residential property. A decibel reader has been used and will be used to ensure that post 7PM the sound equipment will not exceed 50 dBA. North Fork Brewing Company is aware of Chapter 180 and will follow all guidelines. 2) Safety to Drivers: a. With the plants in full growth (25 feet tall and 1 to 2 feet wide) the space between-poles is minimal'and should prevent any driver safely driving the speed limit to be distracted by the movie being shown in the center. We are willing to hang fabric between all pole runs on the south side of the property that run a proven risk of visually distracting drivers. Any driver commuting east or west will 1Y also have the view obstructed by the large trees that run along Route 25 (noted on map). b. The distance between the movie screen and Route 25 is approximately 180 feet away.The movie will be projected on the side of a white box truck and will be facing West,this will not allow any of the movie to project through the surface we are showing it on. 3) Parking: a. Our original plan was for 60 cars and a maximum of 200 people. We were informed the rule of thumb for the town is two people per car. Although this is a family centered event and we hope families will car pool we do have an additional lot that would meet the 300 sq. ft per vehicle for the maximum of 100 cars. We are also willing to cap the event at 71 cars if it makes it easier for the town and ourselves. We have attached a map that identifies the additional parking. b. Signs and markers will notify drivers they are not allowed to park on the street. Staff will also be placed at both the entrance and the exit to ensure all drivers pull in and park at designated on-site parking areas. c. Moustache Brewery is aware and will provide and post the NYS Liquor Authority permit on premise. Thank you again for taking our event plan seriously. North Fork Brewing Company LLC Peter Barraud Ian Van Bourgondien. - ""t4ac •'"` '^ ^^^w° '" 7* r» �"`.�"*�xi .,. 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'� •rr "��'. .ra >r. � �§4;��: ::��ia �, �a s'a��d oaA '1 z`: � ` �.'��,�g �`� s+*v.• u t ° a^ t � "s3 c c r;,a F <3 � 4 �!.: a 'a'a, �a`�s., s:.:�� ,«�,'l�'i �< � ..fir � � fi " ',w�.'•, �T t. �.�, �xxx �... S � 9tR a'• ZJ�:' :��1''�.5's, rk� a � aid yy. �,. �� ..ryF � �. °� � • '4 1 Y � �:. X44 7EA� y d w3" i Relevant criteria to be considering in determining whether to grant or deny a special event permit: (1) The size and capacity of the site to accommodate the proposed event. (2) The facilities available. (3) The availability of highways and other means of transportation to and from the site. (4) The impact of the event on the safe and orderly movement of traffic within and contiguous to the event. (5) The need for the Town to police such event, and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. (6) The impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. (7) The impact of the event on the movement of firefighting equipment or ambulance service to the Town or to areas contiguous to the event. (8) The impacts on adjacent property owners and the surrounding neighborhood. (9) Any other matters that relate to the health, safety and welfare of the general public Peter A. Barraud North Fork Brewing Company P.O. Box 12 Peconic, NY, 11958 Southold Town Board 53095 Main Road Southold, NY, 11971 Dear Board Members, Thank you for taking time to allow our family company to appeal the recent Special Event Permit application denial for North Fork Brewing Company. After reading over the reasons for denial, compacted by the recent article written in the Suffolk times with regards to reviewing the way in which the ZBA rules on special events, I felt it was necessary to speak with the Town Board face to face,as letters and applications really fall short on painting a clear picture of our mission for two family movie nights on our farm. To give an incredibly brief timeline,we submitted our application on lune 9th for two Thursday family movie nights on our hop farm. At each of these events families were going to be able to sit within the hop field,a relatively recent industry on the North Fork, bring their own food,watch a family movie,and taste beers from one of the very few Long Island farm breweries that work alongside our farm and feature our products. On June 15th I received a list of concerns from the ZBA,all concerns directly related to our farm were with regards to parking,driver safety,and noise standards as outlined by Chapter 180 of our Town Code. An official response was sent back June 20th,and on July 7th we received our official denial,listing new and separate reasons/concerns,not previously referenced. The two reasons for denial were"no clear and direct nexus between the marketing of our agricultural products as a hop farm,the product of beer to be sold,and the movie night",and we failed to submit our application 60 days prior to the events. -July 17th I submitted an appeal,and today my shining face is before you all for an official appeal hearing. My purpose now is to address these two reasons for denial in hopes to bring greater clarity to the purpose our event. With reference to"no direct nexus between the farm, movie and beer", I feel this is really a concern of how we are prompting our agricultural product. Within the letter,an example of weddings on wineries was used,and their ability at these functions to promote their product. Unfortunately the beer industry, including the farming of raw,ingredients and production as a whole varies greatly from wineries;the single most reason is the fact that unlike vintners making wine using only one major agricultural ingredient of grapes,beer requires multiple products(hops and grain for example),only of which, hops,has been tested and proven to successfully grow on Long Island. Our movie night was to bring local families that drive by our farms daily to understand the process of the industry and how farms are attempting to play a large role in the growing craft beer scene. The choice of Moustache Brewery was to further demonstrate how we market our products to small farm related businesses like Moustache,and showcase tow our produce. I feel there is a great misconception of this recent industry on Long Island and misunderstanding that local young farmers are working hard to bring new job opportunities and business to the East End through hop farms,and farm breweries. I can remember gaining a lot of respect and understanding for"my backyard businesses"when attending movie nights at Old Field with my mother and father. The second criteria for our denial,as listed by the ZBA and referenced prior,was"not submitting the application at.least 60 days prior". This is a very cut and dry reason,however I was unaware that failure to submit 60 days prior would be a reason for denial. I was aware that there was risk of a$250 dollar 'additional fee on top of our$150 application fee if submitted less than 60 days,but I was unaware it would be a criteria for denial. To some this is a small sum of money,to us this represents money used for equipment like choir,the product used to grow our plants on, but we were willing to risk the initial cost to promote our product and educate the local families. In closing and to hop onto my proverbial soap box,this event was never to take advantage of our land, in which all development rights are intact. Our purpose was to charge no more than$10 dollars a car load,to cover our application cost,bring our family and local families out on a summer week night, no matter their budget, learn about our products and what our farm actual does with the hops,and enjoy the classic movies Jumanji and Home Alone. I hope moving forward we can work with the town to help understand how our crop works, how we are trying to adapt the farming industry to keep land in the family and preserved,and how it can coexist and promote new businesses here in Southold Town for young farmers to stay here,start a family here,and keep a family here. Thank You, Peter Barraud North Fork Brewing Company BOARD MEMBERS so Southold Town Hall Leslie Kanes Weisman,Chairperson � lI 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Off- ice Loc<tlion: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer � y4 54375 Main Road(at Youngs Avenue) Nicholas Planamento �CQ� �`t, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOU)CHOLD July 7, 2017 Tel.(631)765-1809 •Fax(631)765-9064 Peter Barraud 39395 NYS Route 25 Peconic,NY 11958 and VanBourgondien CJ, Inc. P.O. Box 2 Peconic,NY 11958 Re: Special Event Permit# WP368 Property: Hop Yard Movie Night 39395 NYS Route 25,Peconic Date of Event: July 13, 2017 &August 3, 2017 Dear Sirs: I am in receipt of your Special Event application submitted on June 9,2017 for Hop Yard Movie Nights to be held on the premises noted above on July 13,2017 and August 3,2017.I have also reviewed your reply dated June 20, 2017 to my request for additional information in a letter you received from the ZBA Board Assistant,Kim Fuentes,on June 15,2017. According to the procedures and standards of special event provisions detailed in Chapter 205 of the Southold Town Code, a special event approval shall be determined after careful consideration of any or all impacts on adjacent property owners and the surrounding neighborhood. In addition, when a business makes an application for a special event permit,the evaluation must consider the nexus between the proposed special event and the business currently being operated on the property. By way of example,wineries are granted special events for weddings because their wine is featured at the weddings and therefore,the wedding is seen as an opportunity for the winery to market its agricultural products. After careful review of your application,there does not appear to be a clear and direct nexus between the marketing of your agricultural products as a hops farm operation,the product(beer) proposed to be sold by Moustache Brewing Company, and the proposed movie night event. Finally,the application was not submitted at least 60 business days prior to the scheduled event, as required, Subsequently, I am denying your request for a'special event permit:` Please be advised that, pursuant to Section 205-6 of the Southold Town Code, an applicant who is denied a permit by the Chairperson of the Zoning Board of Appeals may apply to the Town Hop Yard Movie Night Page 2 Board for reconsideration of the applications by filing an appeal with the Town Clerk within ten (10 days of the date of denial. cerely, Leslie Kanes Weisman ZBA Chairperson cc: William Duffy,'I'own Attorney 1 ej Michael Verity,,Chicf Building Inspector 1 Supervisor Scott Mussel) Southold Town Board Members es Rudder, Lynda From: legals <legals@timesreview.com> Sent: Monday, July 24, 2017 1006 AM To: Rudder, Lynda Subject: Re: Special event appeal for publication Good morning, The legal notice has been scheduled to be published in the 7/27 edition of the Suffolk Times. Thank you and have a great day! Best regards, .rIMF-S kREVIEW A Lindsay Denston Assistant Sales Coordinator 631.298.3200 ext. 235 631.354.8032 (direct) 631.298.0410(fax) Ldenston@timesreview.com www.timesreview.com From: "Rudder, Lynda" <Ivnda.rudder@town.southold.nv.us> Date: Monday,July 24, 2017 9:55 AM To: Lindsay Riemer<legals@timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis, Jessica" <iessicam@southoldtownnv.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Southold Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James" <iames.dinizio@town.southold.nv.us>, "Doherty,Jill" <fill.doherty@town.southold.nv.us>, "Doroski, Bonnie" <Bonnie.Doroski@town.southold.ny.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, Louisa Evans <Ipevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville@town.southold.nV.us>, "Noncarrow, Denis" <denisn@southoldtownny.gov>, "Norklun, Stacey" <Stacey.Norklun@town.southold.ny.us>, "Rudder, Lynda" <Ivnda.rudder@town.southold.nv.us>, "Russell, Scott" <scottr@southoldtownnV.goy>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.nv.us>,William Ruland <rulandfarm@vahoo.com>, "Duffy, Bill" <billd@southoldtownny.gov>, "Hagan, Damon" <damonh@southoldtownny.gov>, "Silleck, Mary" <marys@southoldtownny.gov> Subject: Special event appeal for publication Please publish in the 7/27 edition of the suffolk times and the town website Rudder, Lynda From: Rudder, Lynda Sent: Tuesday,July 25, 2017 8:58 AM To: 'legals' Subject: RE: Special event appeal for publication Thank you so much. I don't know what I was thinking -----Original Message----- From: legals [mailto:legals@timesreview.com] Sent:Tuesday,July 25, 2017 8:58 AM To: Rudder, Lynda Subject: Re: Special event appeal for publication Importance: High Updated. Thanks. Lindsay Denston Assistant Sales Coordinator 631.298.3200 ext. 235 631.354.8032 (direct) 631.298.0410 (fax) Ldenston@timesreview.com www.timesreview.com On 7/24/17 4:59 PM, "Rudder, Lynda" <Ivnda.rudder@town.southold.nv.us> wrote: >can you please change the date toward the bottom (to the left of >B etty's >name) from October 16, 2016 to July 18, 2017 or just omit it all together? >From: legals [legals@timesreview.com] >Sent: Monday,July 24, 2017 10:05 AM >To: Rudder, Lynda >Subject: Re: Special event appeal for publication >Good morning, >The legal notice has been scheduled to be published in the 7/27 edition >of the Suffolk Times. 1 >Thank you and have a great day! >Best regards, >[cid:E321BD31-A374-4328-AA60-24D1DC1ED25E] >Lindsay Denston >Assistant Sales Coordinator >631.298.3200 ext. 235 >631.354.8032 (direct) >631.298.0410 (fax) >Ldenston@timesreview.com >www.timesreview.com >From: "Rudder, Lynda" ><lynda.rudder@town.southold.ny.us<mailto:lynda.rudder@town.southold.ny. >us> >Date: Monday,July 24, 2017 9:55 AM >To: Lindsay Werner ><Iegals@timesreview.com<maiIto:legals@timesreview.com>>, "Lisa Finn >(lisaahfinn@email.com<mailto:lisaahfinn@gmail.com>)" ><lisaahfinn@email.com<mailto:lisaahfinn@Bmail.com>>, "Michaelis,Jessica" ><]essicam@southoldtownny.gov<maiIto:!essicam@southoldtownny.gov>>, >"Reisenberg, Lloyd" ><Lloyd.Reisenberg@town.southold.ny.us<mailto:Lloyd.Reisenberg@town.sout >hol >d.ny.us>>, "Southold Local >(denise@southoldlocal.com<mailto:denise@southoldlocal.com>)" ><denise@southoldlocal.com<mailto:denise@southoldlocal.com», "Dinizio, >James" ><james.dinizio@town.southold.ny.us<mailto:james.dinizio@town.southold.n >y.u >s>>, "Doherty,Jill" ><jill.doherty@town.southold.ny.us<mailto:jill.doherty@town.southold.ny. >us> >>, "Doroski, Bonnie" >><Bonnie.Doroski@town.southold.ny.us<maiIto:Bonnie.Doroski@town.southol >>d.n >>y.us>>, "Ghosio, Bob" >><bob.ghosio@town.southoId.ny.us<maiIto:bob.ghosio@town.southoId.ny.us> >>>, Louisa Evans >><Ipevans06390@Bmail.com<mailto:lpevans06390@gmail.com>>, »"Neville, Elizabeth" >><E.Neville@town.southold.nv.us<mailto:E.Neville@town.southold.ny.us>>, »"Noncarrow, Denis" >><denisn@southoldtownny.Bov<mailto:denisn@southoldtownny.Bov>>, »"Norklun, Stacey" >><Stacey.Norklun@town.southold.ny.us<mailto:Stacey.Norklun@town.southoI >>d.n >>y.us>>, "Rudder, Lynda" >><lynda.rudder@town.southold.ny.us<mailto:lynda.rudder@town.southold.ny 2 >>.US »», "Russell, Scott" »»<scottr@southoldtownny.gov<mailto:scottr@southoldtownny.gov>>, »»"Standish, Lauren" »»<Lauren.Standish@town.southold.ny.us<maiIto:Lauren.Standish@town.sou »»tho »»Id.ny.us>>, "Tomaszewski, Michelle" »»<michellet @town.southo Id.ny.us<mailto:michellet@town.southo Id.ny.us> »»>, William Ruland »»<rulandfarm@yahoo.com<mailto:rulandfarm@yahoo.com>>, »»"Duffy, Bill" »»<billd@southoldtownny.gov<mailto:billd@southoldtownny.gov>>, "Hagan, »»Damon" »»<damonh@southoldtownny.gov<mailto:damonh@southoldtownny.gov>>, »»"Silleck, Mary" »»<marys@southoldtownny.gov<mailto:mart's@southoldtownny.gov>> >Subject: Special event appeal for publication >Please publish in the 7/27 edition of the suffolk times and the town >website 3 fRa rr Er lC3 E3 ti � RJ E U1 L1 Postage $ ® r9 19Certified Foo ® C:l EJ Return Receipt Fee Postmark ® C3 EZI (Endorsement Required) Here ® O O ® Restricted Delivery Fee ® E3 E3 (Endorsement Required) o ..D ..D u ® E:3 0 Total Postage&Fees �, rR r_9 0„ ® E3 U3 Street,Apt. o.; //�� or PO' No. `.aSls__-- K City State Zl, f t WIN i • • e i ■ Complete items 1,$and 3. • • I ■ Print your name nature and address on the reverseSig so that we can return the card to you. X ❑Agent { j 12 Attach this card to the back of the mailpiece, ❑Addressee s br on the front if space permits. B. Received by(Printed NemeJ C.Date of Delivery 1. Article Addressed to. l r D. Is delidery address different from item 1? ❑Yes ' rem l� L L If YES,enter delivery address below; ❑No I I �O �0 I � l � tg6g I I 3. SelvIce 13 Adult signature e ❑Pnority Mail Express® l t 9590 9402 2663 6333042�II 13 dull Signature Restricted Delivery 17 Registered MI ' i 6. 75 r3 Certified Mair 13 Registered Mail Restricted l ' rJ Certified Mail Restricted Delivery Delivery I 2.-Article-Number_?ransfer fmm.�a.,v . �_ _ _- C°tiect oh pelry6ry ry d Retu^t R�eiPt for - Marchand se nal, ❑Gbllect on Del,veryRestricted Delivery ❑SignaturaConfirrnationn" l 710 1r�60 0��1, 1,57 9855, ❑in&u�edmail ❑Insured Mao Restricted Delivery a Restricted Deliver e!veConfiryation t Ps Form 3811,JU(y 2015 PSN 7530-02-000-9053 over$5oo) l Domestic Rettirri Receipt Southold Town Board - Letter Board Meeting of July 18, 2017 RESOLUTION 2017-632 Item# 5.22 e V! ADOPTED DOC ID: 13236 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-632 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON- JULY 18, 2017: RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, August 1, 2017 at 7:31 PM at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the Appeal of the denial to hold a Special Event of North Fork Brewing Company, LLC. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated July 21, 2017 Page 29 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold hereby sets Tuesday, August 1, 2017 at 7.31 PM at the Southold Town Meeting Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the Appeal of the denial to hold a Special Event of North Fork Brewing Company, LLC. 7C Dated: July 18, 2017 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on July 27, 2017 and forward one affidavit of publication to Elizabeth A.Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website North Fork Brewing Company LLC - 1 I 46 1 JULY 27, 2017 SUFFOLKTIMES.COM LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the Town Board of the Townlof Southold hereby sets Tuesday,August 1,'2017 at 7:31 PM at the ! I Southold Town Meeting Hall, 53095 Main j Road,Southold,New York as the time and place for a public hearing for the Appeal of the denial to hold a Special Event of North Fork Brewing Company,LLC Dated:July 18,2017 i BY ORDER OF THE TOWN ! BOARD OF THE TOWN OF SOUTHOLD l Elizabeth A.Neville Southold Town Clerk I Dated July 18,2017 r BY ORDER OF THE !' TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A.Neville Southold Town Clerk 2097700 I i i STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 25th day of July , 2017, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold;New York. Special Events Appeal Public Hearing 8/1/17 PTA. a Y)aoj� lizabeth A. Neville outhold Town Clerk Pp,� Sworn before me this 25th day of July 17. '64otary Public LYNDA M. RUDDER Notary Public, State of New York No.09 RU6020932 Qualified in Suffolk County Commission Expires March 8,20-a LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold hereby sets Tuesday, August 1, 2017 at 7:31 PM at the Southold Town Meeting Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the Appeal of the denial to hold a Special Event of North Fork Brewing Company, LLC. Dated: July 18, 2017 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on July 27,2017 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website North Fork Brewing Company LLC land preserved through the sale o, ,elopment rights to the county of Sufjt. ith a permit issued by the Suffolk County Farmland Committee. If food is to be served, it must be catered and prepared of f-aitc by faarl vendors who hold a permit 10 operate issued by the Suffolk County Bureau ojPublic.health Food Protection Unit. pECEIVED OPS•r APPLICATION FOR A PERMIT TO HOLD A JUN 04 4D ?017 SPECIAL EVENT MOT-be Please proyideALL- of-the information re7guested below.Incomplete applictation mff FAPPMO reviewed, Special Event Permit# Date of Submission 6 jt _Name of Event op \/c.%f MUV1 e N SCTM#'s 1000-Section Block- -9-Lot Dates of Each Event: 7-13- 12- 97 -17 Nature of Event: ov c 'tom_ 1 t�A (Please attach a detailed description to this noglication) Time Period(Hours)of Event: From 7•®O to 10 ab Maximum Number of Persons Attending At One Time: 0200 Number of cars expected co Is a Tent or other temporary structure being used? [ ]Yes X No If yes provide size(s) Will food be served? [ ]Yes [A No If yes provide number and name(s)of food vendor(s) Suffolk County permit#(s) Will other vendors be on the premises during the event? X Yes [ ]No If yes how many? Describe type of vendor(s) C.CaA 4 Contact Person and Contact Tel.# _L4lstri SIDIA Event Location: Street-Hamlet Address: '-e— c G llq 5f Mailing Address to Send Event Permit to: Po 86x Q'...001a i C.� Have any of the development rights been sold to the Town of Southold [ ]Yes [�No and/or Suffolk County? [ ] Yes [ No lyes to either or both, also indicate on the attached plan the boundaries of the reserved area upon which the event will take place. YOU MUST ATTACH A PARKING/EVENT PLAN TO THIS APPLICATION(see next pale) IF THE EXPECTED ATTENDANCE IS 300 OR MORE PEOPLE,YOU MUST ALSO ATTACH A TRAFFIC CONTROL PLAN (see neatyat!e), ^ � S"IA pr'lp'l i 6� �1 r S l..l .. 2 A. Parking/Elvent Plan may be a . tr6sitey1dri.and/era-aerial view (for male Google.,Esarih):of the subject property ]INDICATE 6_W THF PLAN ALL of thelollowiiaa information: A parking/event plan showing: (1) The size of the property and its location in relation to abutting streets or highways. (2) The size and location of any existing building(s)or structure(s)that will be in operation during the course of the event and any proposed building,structure,or signs to be erected /l. temporarily for the event. RECEIVED � (3) The location of the stage or tents, if any. (4) The designated areas of use for spectators,exhibitors,vendors, employees and ut'! organizers. (5) Location of all exits. ZONING BOARD OF APPEALS (6) The location of all fire extinguishers and other fire safety equipment. (7) The location of all temporary utilities to be installed for the event,if any, (8) The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 sq. ft. per car. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) Plan for the use of live outdoor music,loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment. (11) A description of emergency access and facilities related to the event. (12) Provisions to dispose of any garbage,trash,rubbish or other refuse. (13) Location and description of any additional lighting to be utilized in conjunction with the event. (14) Location of sanitary facilities on site. Traffic Control Plan Events for three hundred(300)or more people also require submission and approval of a traffic control plan, acceptable to the Town of Southold,AND agalitied traffic controller must be_prnvlded.Please attached a written description and/or notate on the parking event plan the following: 1.who will be conducting traffic,2,where they will be stationed on site,3.how they will direct the entrance,circulation,parking,and exiting of cars on site,and 4, contact information for use by Southold Town Police. I am the Owner of the Property where this event is to be held and do agree to comply with the laws, rules, regulations, conditions, and requirements of the Code of the Town of Southold, including but not limited to the conditions listed below, as well as all other applicable agency rules and regulations pertaining to the activities under this event.p Print name of Owner Signature of Owner pc. cr Print name of Authorized Person filling out Signature of Authorized Person filling out application application PTaR1Vi1SSJ.0N IS HTMTM1 GRAN'A'11M SUBJECT TO-T33L.1"OLLOWING CONDTTTONS: 1. By acceptance of this permit, applicant agrees to adequately supervise and direct all parking to be on the premises or at another site, and to provide parking assistants and any additional traffic controls necessary for this event. I'ad]:i;► .ig s s1►icily�psnhi„Ui_ted gg ANY"1'oLm1�County or State Roads or Ri lits cif Way.- 2. Traffic control at events for three hundred(300) or more people shall be provided by a qualified traffic controller in accordance with the attached, approved traffic control plan. 3. One "on-premises" sign not larger than six (6) square feet in size may be displayed not longer than thirty (30) days before this event, and removed immediately after the event. Directional parking signs shall be adequately displayed. 3 4. Applicant indemnifies and holds harmless the Town of Southold from all claims, damages, expenses, suits and losses including but not limited to attorney's fees arising from activities under this permit. 5. Tent proposals must receive permit approval from the Southold Town Building Inspector before placement on the property and must meet all fire and safety codes. 6. This permit is valid only for the time, date, place and use specified above, and for the designated event. Each additional day will require a separate permit application, fee, and related documents for review, etc. at least 60 business days prior to the scheduled event. 7. Adequate temporary sanitary facilities must be provided by applicant for this event and applicant agrees to remove the temporary facilities from the premises within 48 hours after the day of the event. 8. On-site food preparation is NOT permitted, although food may be catered subject to all Suffolk County Department of Health regulations. 9. NO activities associated with thisevent. including but not limited toparking, in ressferens cress tani s or temporary. styueture;(s). or temp rra v sanitary facilities shall be conducted on Town of Southold Purchase- of Development Rights land. 10. NO activities associated with this event, includin big it not limited to parkintr ingress/cgress/access, tent(s) or temporary structure(s), or temporary Sanitary fwilities. shall--be conducted on 'Suffolk Cbun1y Purchase of Development Rights land without a permit issued by.the Suffolk d Committee. 11. Issuance of this permit does not authorize in any manner the occupancy of any building exceeding the legal limitations under the fire code or other codes which would prohibit such increased occupancy. 12. Access shall be provided for emergency vehicles,to all public assembly areas, all buildings, all work areas and any additional area where emergencies may occur. Two emergency-fire exits and exit paths from the building(s)on the property,to a public way or remote safe area,shall remain open and unobstructed at all times. 13. Owner assures that all fire,safety,building,and other laws will be complied with. 14. Music,when outdoors,is required to stop at the time specified in the permit.Placement of the speakers must be in a location that affords the greatest protection from noise intrusion upon adjacent properties. 15. ADDITIONAL CONDITIONS: RECEIVED ZONING BOARD OF APPEALS ANY VIOLATIONS IN CONNECTION WITH THE CONDITIONS LISTED HEREIN WILL TERMINATE THIS PERMIT. Date Issued: APPROVED, ZBA Chairperson ZBA Town of Southold Office Location: 54375 Main Road(Capitol One 1"floor) PO Box 11971-0959 Southold,NY 11971-0959 Tel: (631)765-1809(press 5012 at voice recording) Updated August 2013 Fax(631)765-9064 4 . CCPR ZV CERTIFICATE OF LIABILITY'UNSURANCE �8;077 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT$ UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE 13SUING IN8URER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the corfficato holder Is an ADDITIONAL tt4SURED,Ova polley(les)must be endorsed. Of SUBROGATION 13 WAIVED,subjeel:to the tema and condlitlow of the policy,caftin polldell m0y require an ondormnent A sto4ment an this cwUffcsta does not confer righta to the cmdficda holder In lieu of such endo e). N ACT— PRODUCER = i 0,5 R& L WILLIAM R WALKER III RMSev- PO BOX 734 INSUIRERMA"ORGUIS COVERAGE r--- HACKETTSTOWN,NJ 07840 0au - UNITED FARM FAMILY 29963 INsupm NORTH FORK BREWING COMPANY LLC IRS C! PO BOX 12 PECONIC,NY 11958-0012 COVERAGES CERnFICATE NUMBER: REVISION IMUMBER'. THIS 13 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED To THE,INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMeNT�VMTH,RESPECT TO VMICH THIS CERTIFICATE mAy BE tssuEo OR MAY PERTAIN.THE INSURANCE AFFORDED!By THE POLICIES'DESCRIBM HEREIN 18,SUBMCT TO ALL THE TERMS. EKCLU$IONS AND CONDITIONS OF SUCH pOL(CIES,LIMITS SHOVM MAY HAVE BEEN REDUCED BY PAID CLAIM - -- --- POLICvLEM TYPE OF INSURARCH _eguy"Unw— OENGRALLIABILITY EACHOCCURRENCE 00.000 A -MU QAKNTHD;;;' 100.006 r 'MEW -COMMMIC[ALGENMALLIADILITY 310IG4967 0510312017 05/0312018 $ CLAIMS.MADE 51 OCCUR MEDEXPPW=1 L— 5,000 SPECIAL FARM PACKAGE PERSONAL&AOV INJURY S 1000,000 G"MAGMEGATE 'S 2,000,000 PRODUCTS-COMMP AGG a 2,000,000 dEOLAOCRE0 TE LIMIT APPLIES PER: 7A X POLICYME F-1LOC s AirOomowLeLmoury BODILY ANY AUTO vgb6& ; INJURY(Pee patwn) S ALL OMED SCHRULEO BODILY INJURY(par 5=111m) 11 AUTOS HIRED AUTOS AUTOS UMBROLLA LIRS OCCUR EACH OCCURRENCE S ffxC=U1AB CAWS-MADS 130AGGREGATE a ARD WORKGRI11COMPEN&RI10N AHA CUPLOYERSILIADILITV YON El,EACH ACCIDENT $ ANY PROPRIETORIPARTNEREXECUTIVE NIA EA,DISEASE-6A EMPLOYEE S (49IM110"111111H) If vm dowft undef DESCRIPTION OF OPERA b*Atf E'L DISEASE-POLICY Umrr. S I)gEC;vpT;oN OF oNRA=tI5 I Locant=I VSHICM(Aftwh ACORD 101,AddIdOnA RKOft 80110dulo,N Mon Apace Is rWIfud) CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL INSURED WITH RESPECT TO EVENTS HOSTED BY NORTH FORK BREWING COMPANY LLC THIS SUMMER. CHniElCA76.14OLDER CANCSLLATl0N1--------- —7�....... SHOULD ANY OF THE ABOVE DMRISW POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VOLL BE DELIVERED IN TOWN OF SOUTHOLD ACC® CEVMH THE POLICY PROVISION& PO BOX 1179 RUTH ORUMDRUPRESENTATIVe SOUTHOLD,NY 11971 ®196@4090 ACORD CORPORATION. All righter reserved. ACORD 25(20101061 The ACORD roam and Joao are maletered norka of ACORD Hopyard Movie Night Description A movie will begin around dusk and projected to a screen for easy viewing while sitting amongst the hopyard event space. People will park in the adequate spaces listed on the map,that will be well marked and also will be guided by staff upon arrival to a parking spot. Attendees will then walk to the event space located in the center of the hopyard. Attendees will bring their own chairs/blankets and also their own food if desired. Beers will be available for purchase from Moustache Brewery vendor. The movie will begin approximately at dusk and end prior to 10:30pm. Port-a-potties will be easily accessed,and garbage/recycling receptacles within the event space. Solar lights will be set up to guide attendees back to their cars after the movie showing. d�r Q� p fi'�iA17 39395 NY-25-GoVe Maps t"A ANN 39395 NY-25 '•' w 1 •�r '>�}.b�,��'t ` Y� � '�i' r.,i; ,,gg ,,-'-` �%�.';,rte �• _ `i• .t. '�«e � h f r i� ,=°ga�'�"�r •.'x.k�� 'A:';3��"",a�'�� ,'li.`k'.,°:I, -�-"'•ar. A rq� :'. 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A'.a"' _, :ti-' rs R".,<...e. �{; ',';fin' - '�,<,% -_ Al ij', _,8:>r'` �fr� -- �' _ .. >. ..:->R_,.w' ,:C[:`f` _"s_^..""`a T-5_^F,'��^, `°'a"::'�.'�-'_'S•'T"- » - ..''sds :C'tr`- - •a .. .s:�$5,}:r-�' ..?:�.•- .T '"< Z � •$ P�" °F=F' - ,ryr,p,`+'"w :,i, v«1/W - ud._._ '.�..`>"+�=>^- ,.3"'- _'�..,;:�/�e' _ �'E!':3 j _ i.� r�?��sA'��•._T�-'n�, ,r-"�.r_ _ .rte 3...�s - ,�+�'--_,'n ,`3 W File Edit View Toolbar Window Help 85,-2 7 473889 Southold Active RISA School: Southold Scher VanBourgondien C Inc Roll Year: [2017 Curr Yr Nursery Land AV: 8,400 39395 Route 25 Land Size:33:68 acres TotalAV: 38,400 Lj Parcel 85.-2-7 Owner Tax Bill Mailing Address I 3rd Party Address l Bank l �i History =] v Assessment Tobal ':t fRioht Mick to Add) r 4: r f{r nt. a 1 a' � i!i r"i rj6atA"e' (�1. "!a(; Najatrq;l'sNC , v Exempt(s) _-... ..i• a:. f u Spec Dist(s) ' u Description ,.•'D Owner(s) t i=i Images, Last Name/Company: ' µ.. First Name: _ .. ME Jr.,Sr.,etc: i u Gis pan8oi ric digin G J•laic [ r f t�j Site(l)Res Attention To/In Care Of: dc9[ttcnalAddress. Street No: Prefix Dir. Street/Rural Route: St uiiix. Post Dir: UnitName: Unit No:� .Po Bax No: City/Town: State: Zip Code: .1— Pecenia INY fil958.__ ._ Cousikriot"USA" Bar Cd: Owtiei�NM e,�l.ife Use Owner Type: �rN Primary Owner's-Primary Residence Ready E-� _»fir $- W".. �; �;'° �w� C• 1, �,t ., °4 � �• �rl� � ,� r Fuentes, Kim From: Fuentes, Kim Sent: Thursday,June 15, 2017 3:39 PM To: 'barrpa86@gmail.com' Subject: Hop Yard Movie Night- Special Event July 13 &Aug.3, 2017 Attachments: 20170615143601.pdf Hi Peter, Please see attached letter which we discussed earlier and needs your attention. Kim E.Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex.,5011 E-mail:kirn t_southoldtownnvxov i BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairpersons®� �(y 53095 Main Road•P.O.Box 1179 �0. Southold,NY 11971-0959 Patricia Acamporaw Office Location: M ' s Eric Dantes v� Town Annex/First Floor,Capital One Bank Gerard P.Goehringer � 54375 Main Road(at Youngs Avenue) Nicholas PlanamentocouffN Southold,NY 11971 http://southoldtownny.gov ZONING )BOARD OF APPEALS p l TOWN OF SOUTHOLD �! Tel.(631)765-1809•Fax(631)765-9064 June 15,2017 Lauri Spitz &Peter Barraud P.O. Box 12 Peconic, NY 11958 Via E-mail &Regular Mail Re: Special Event: Hop Yard Movie Night, July 13 &August 3,2017 Property: 39395 NYS Route 25, Peconic, Dear Applicants: The Chairperson of the Board of Appeals has reviewed your Special Event application submitted to us on June 9,2017 for two movie night events scheduled for Thursday,July 13 and Thursday,August 3,2017. According to the procedures and standards of special event provisions detailed in Chapter 205 of the Southold Town Code, a special event approval shall be determined after careful consideration of any or all impacts on adjacent property owners and the surrounding neighborhood. After reviewing your application,the Chairperson has the following concerns which she asks you to address:. 1. NOISE: How will noise prevention that adversely impacts nearby residential and other properties be dealt with while projecting sound with large speakers to be heard over traffic noise?How far from Route 25 are the speakers to be located?How will noise prevention be assured in accordance with standards enumerated in Chapter 180 of the Town Code. 2. SAFETY TO DRIVERS: The open event area carved out from the hops field is not opaque and space can be seen between the poles from Route 25. .How will you prevent distraction to drivers from seeing the film projected on to the movie screen when driving in both an easterly or westerly direction?What is the distance of the movie screen from Route 25? If you propose to amend your application so that the movie screen is facing north, is the back of the screen that would face Route 25 opaque? 3. PARKING: Parking areas require 300 sq. ft. per car. According to the total square footage of the two parking areas you designate on your plans,you have room for 71 cars,not the 100 cars you anticipate in your application. Either amend your application or provide additional parking area. Page 2 Special Event- Hop Yard Movie Night ON f7got Also, all parking must be on site. Please explain how you will prevent cars from parking on Route 25 and/or on preserved neighboring properties. 4. Please also be advised that a NYS Liquor Authority permit should be presented and posted on site when alcoholic beverages are served. On behalf of Chairperson Weisman,thank you in advance for your response. Since My, x,17, Kim E.•Fuentes- Board Assistant Peter Barraud, M.Ed North Fork Brewing Company PO Box 12 Peconic, NY, 11958 June 20th, 2017 Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Re: Special Event: Hope Yard Movie Night Dear Board, I have numbered the responses that correspond with the numbered concerns emailed to me June 15th 2017. Thank you for taking time to look them over. I noticed Lauri Sptiz was included in the letter; Lauri is the owner of the vender (Moustache Brewing Company), the company that will be present at both movie nights, Lauri is not legally affiliated with the property or North Fork Brewing Company. A quick note for the purpose of these two movie nights that was not narrated on the application; our purpose of showing two movies on Thursday nights and not during the weekend is to encourage local families in the town to enjoy the Agricultural setting and feeling of community. We are showing two family friendly movies so that all ages can enjoy time in the field with their families. 1) Noise: a. The event space is encased on the north, south, and east side of the field by the hops. The plants grow 25 feet tall and will damper most sound. We have tested the sound system and movie during the same time of year and took note that noise from the movie by the time it reached Route 25 was overcome by the road traffic and made it extremely difficult to hear by a walking passerby. b. The speakers will be located 165 feet from Rout 25 and will be facing West towards no residential property. A decibel reader has been used and will be used to ensure that post 7PM the sound equipment will not exceed 50 dBA. North Fork Brewing Company is aware of Chapter 180 and will follow all guidelines. 2) Safety to Drivers: a. With the plants in full growth (25 feet tall and 1 to 2 feet wide)the space between poles is minimal and should prevent any driver safely driving the speed limit to be distracted by the movie being shown in the center. We are willing to hang fabric between all pole runs on the south side of the property that run a proven risk of visually distracting drivers. Any driver commuting east or west will also have the view obstructed by the large trees that run along Route 25 (noted p, �q on map). V� b. The distance between the movie screen and Route 25 is approximately 180 feet away. The movie will be projected on the side of a white box truck and will be facing West, this will not allow any of the movie to project through the surface we are showing it on. 3) Parking: a. Our original plan was for 60 cars and a maximum of 200 people. We were informed the rule of thumb for the town is two people per car. Although this is a family centered event and we hope families will car pool we do have an additional lot that would meet the 300 sq. ft per vehicle for the maximum of 100 cars. We are also willing to cap the event at 71 cars if it makes it easier for the town and ourselves. We have attached a map that identifies the additional parking. b. Signs and markers will notify drivers they are not allowed to park on the street. Staff will also be placed at both the entrance and the exit to ensure all drivers pull in and park at designated on-site parking areas. c. Moustache Brewery is aware and will provide and post the NYS Liquor Authority permit on premise. RECEIVED Thank you again for taking our event plan seriously. North Fork Brewing Company LLC Peter Barraud ZONING BOARD OF APPEAI5 Ian Van Bourgondien. Peter Barraud M.Ed Newmarket, NH, 03857 RECEIVED JUN 2 12017 ZONING BOARD OF APPEALS 2 of CA)e BOARD MEMBERS o�SOUP,- Southold Town Hall Leslie Kanes Weisman,Chairperson �� - rp 53095 Main Road-P.O.Box 1179 �� ';`�D Southold,NY 11971-0959 Patricia Acampora ,; ., Office Location: Eric Dantes G >. Town Annex/First Floor,Capital One Bank Gerard P.Goehringer � yo 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoX00UN "S Southold,NY 11971 C, http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD July 7, 2017 Tel.(631) 765-1809-Fax (631)765-9064 Peter Barraud 39395 NYS Route 25 Peconic,NY 11958 and VanBourgondien CJ, Inc, P.O. Box 2 Peconic,NY 11958 Re: Special Event Permit# WP368 Property: Hop Yard Movie Night 39395 NYS Route 25,Peconic Date of Event: July 13,2017 &August 3,2017 Dear Sirs: I am in receipt of your Special Event application submitted on June 9,2017 for Hop Yard Movie Nights to be held on the premises noted above on July 13, 2017 and August 3,2017.1 have also reviewed your reply dated June 20, 2017 to my request for additional information in a letter you received from the ZBA Board Assistant, Kim Fuentes, on June 15,2017. According to the procedures and standards of special event provisions detailed in Chapter 205 of the Southold Town Code, a special event approval shall be determined after careful consideration of any or all impacts on adjacent property owners and the surrounding neighborhood. In addition, when a business makes an application for a special event permit,the evaluation must consider the nexus between the proposed special event and the business currently being operated on the property. By way of example,wineries are granted special events for weddings because their- wine is featured at the weddings and therefore,the wedding is seen as an opportunity for the winery to market its agricultural products. After careful review of your application,there does not appear to be a clear and direct nexus between the marketing of your agricultural products as a hops farm operation,the product(beer) proposed to be sold by Moustache Brewing Company, and the proposed movie night event. Finally,the application was not submitted at least 60 business days prior to the scheduled event, as required. Subsequently; I am denying your-request for a special,event permit. Please be advised that, pursuant to Section 205-6 of the Southold Town Code, an applicant who is denied a permit by the Chairperson of the Zoning Board of Appeals may apply to the Town Hop Yard Movie Night Page 2 Board for reconsideration of the applications by filing an appeal with the Town Clerk within ten (I O)Aay,, of the date of denial. incerely, r 1 /i4k Leslie Kanes Weisman ZBA Chairperson cc:,rWilliam Duffy,"Town Attorney 4 �! Michael Ver-ity,'Chief Building Inspector Supervisor Scott''Russcll /'Southold Town,Board Members 1 � J ;� 4-1 ,(Z I