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HomeMy WebLinkAbout3918 „A �ViEll i? �'� SCOTT L. HARRIS APPEALS BOARD MEMBERS ^ _ Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone.(516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3918 Matter of JOHN AND CATHERINE SIMICICH. Special Exception Zoning Ordinance, Article III, Section 100-31, for permission to have a winery for production and winery sales. Property Location: 4250 Bergen Avenue, Mattituck, County Tax Map No. 1000, Section 121, Block 1, Lots part of 001. WHEREAS, a public hearing was held and concluded on March 15, 1990 in the matter of the Application of JOHN AND CATHERINE SIMICICH under Appeal No. 3918; 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 viewed 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. This is an application pursuant to the requirements of -Article III, Section 100-31 for a Special Exception, Subsection B ( 13) for permission to establish Winery use for the production and retail sales of wine produced from grapes primarily grown on the vineyard on which such winery is located. 2. The premises in question is a 5. 6-acre (+) parcel located in the Agricultural-Conservation (A-C) Zone District, located on the west . side of Bergen Avenue and north side of Sound Avenue, Hamlet of Mattituck. 1 3. The subject premises is improved with a two-story framed barn structure and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 121, Block 1, Lot part of 001. Page 2 - Appeal No. 3918 Matter of JOHN AND CATHERINE SIMICICH Decision rendered March 29, 1990 3. Submitted for consideration are plans A, B, C, and D, depicting the the two story existing building and proposed surrounding buildings. The new construction for the north .side of the existing barn is a deck that is to be set back 196' (+-) of the north property line and the west side of the building is 210' (+-) from the property line (vacant land) , the west side building is also 63 (+-) from the northwest corner and 108 (+-) from the northeast corner. The parking area will contain 31 parking stalls and is- proposed -to be 20' from the west property line (vacant land) and. 881 from the 3-4 ft. high evergreen screening to the south property line (now or formally David Starwood) . The existing and proposed entrance drive will be 25 ft. in width and will have a egress and ingress onto Bergen Avenue, as shown on Plan "B" . 4. It is noted for the record that reviews have been made and are pending by the Planning Board for site-plan approval. 5. It is the. position of. this Board that activities and operations of the winery at the requested setback of approximately 20 ft. from the easterly property line is not within the best interests or the advancement of the health, safety and general welfare of the public in general and particularly the immediate neighboring proper.ty(ies) . It is the opinion of this Board that such activities can have 25 ft. buffer located from the easterly property line and such a requirement is not unreasonable under the circumstances. 6. In considering this application, the Board finds and determines that the conditional grant of this use: (a) will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (b) will not adversely effect the safety, health, welfare, comfort, convenience or order of the Town; . (c) is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Dinizio, seconded by Mr. -Goehringer, it was Page 3 - Appl. No. 3918 jOHN AND CATHERINE SIMICICH Decision rendered March 29, 1990 RESOLVED, to GRANT a Special Exception for Winery for the Production and Retail Sales of Wine produced from Grapes primarily Grown on this Vineyard in the Matter of the Application of JOHN AND CATHERINE SIMICICH. under Appl. No. 3918, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the parking area be located a minimum of 25 ft. from its closest point to the easterly property line and be continuously screened and maintained with an evergreen buffer 2. All screening shall be shown on the plans submitted, with a minimum of 3 ft. high ,evergreens, staggered and spaced close enough to block visibility from the neighboring properties beginning at a point* on the southwest corner of the property line (Starwood) running a distance of 210 (+-) ft. to the north; 3 . No expansion of the winery areas will be permitted without further application and consideration by the Board of Appeals; 4. Any and all lighting must be shielded to the property. 5. Ingress and egress to the winery shall only be off of Bergen Avenue as requested by- the Planning Board. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Absent Serge Doyen, Fishers Island) . This resolution- was duly adopted. * * * df GERARD P. GOEHRINGER, CHAIRMAN * Beginning at a point where the northeasterly side of sound Avenue intersects with the easterly side of Bergen Avenue from said point, running Easterly along Sound Avenue 484.71 ft. to a point which said point is the division line between the lands of Simicich and Starwood. Thence running along said division line a distance of 185 ft. to the point or place of beginning. Thence from said point on plans of beginning (shrubs shall be placed running for a distance of 210 (+-) to the northeast. Southold Town Bloard ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings r will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 15, 1990, at the following times: 7 :30 p.m. Appl. No. 3917 - UMBRELLA HOME CARE. Variance to the Zoning Ordinance, Article VII, Section 100-71 C, as disapproved, for permission to construct a sign, proposed sign is not permitted in this Residential/Office (RO) District. Property Location: 28455 Main Road, Cutchogue, County Tax Map No. 1000, Section 102, Block 02, Lot 12.1. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 7 :35 p.m. Appl. No. 3909 - JOSEPH CORNACCHIA. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory shed in frontyard Area. Property Location: 835 Kimberly Lane, Southold, County Tax Map No. 1000, Section 070, Block 13, Lot 20. 5. 7 : 40 p.m. Appl. No. 3916 - GEORGE REINHARDT. Variance to the Zoning Ordinance, Article III, Section 100-31, as disapproved for permission to construct deck addition, proposed construction exceeds permitted lot coverage and has insufficient setbacks from property line. Property Location: 1380 Pvt. Road # 3 Trumans Path, East Marion, County Tax Map No. 1000, Section 31, Block 12, Lot 10. 7: 43 p.m. Appl. No. 3906 - CHARLES COLOMBO. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as disapproved, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient sideyard setbacks. Property Location: 350 Oak Street, Cutchogue, County Tax Map No. 1000, Section 136, Block 1, Lot 48. Page 3 - Notice. of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 7: 50 p.m. Appl. No. 3903 - LINDA DAMBASSIS. Variance to Zoning Ordinance, Article III, Section 100-33, (Article XXIII, Section 100-239 .4 (A) , as disapproved for permission to construct accessories' garage, pool and additions to dwelling in frontyard area. Property Location 2430 Dignan' s Road, Cutchogue, County Tax Map No. 1000, Section 83 , Block 2, Lot 7 . 2. 7:55 p.m. Appl. No. 3912 - EDWARD AND CORRINE BIRDIE. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 , for permission to construct additions to one family dwelling, proposed construction will have insufficient side yard setbacks. Property Location: 380 Parsons Boulevard, East Marion, County Tax Map No. 1000, Section 037 , Block 01, Lot 17 .1. 8: 00 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVIII, Section 100-281 (3)., as disapproved, for permission to -construct additions and alterations to garage with apartment. Property Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 3, Block 7, Lot 5. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 8:05 p.m. Appl. No. 3924 - MICHAEL HERBERT. Special - Exception to the Zoning Ordinance, Article IX, Section 100-91 (B) , for change of use from Bed and Breakfast to a three family dwelling in this Hamlet Business (HB) District. Property Location: 795 Pike Street, Mattituck, County Tax Map No. 1000, Section 140, Block 2, Lot 23 . 8: 10 p.m. Appl. No. 3918 - JOHN AND CATHERINE SIMICICH. r Special Exception to the Zoning Ordinance, Article III, Section 100-31, for permission to have a winery for production and winery sales. Property Location: 4250 Bergen Avenue, Mattituck, County Tax Map No. 1000, Section 121, Block 1, Lots part of 001. 8:15 p.m. Appl. No. 3907 - NICHOLAS ALIANO. Variance to the Zoning Ordinance, Article III A, Section 100-30A.2 (Article XXV, Section 100-253 A) , as disapproved, for permission to construct a retail office complex, proposed construction is not permitted in this R-40 Zone District. Property Location 29950 Main Road, 30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section 102, Bloc 03, Lot 01. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 8:20 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved for permission to construct office and retail stores, proposed construction is not a permitted use in this District. Property Location: 1000 Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated March 6, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Doreen Ferwerda N OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION FEB 15 1990 Application No. 3 �� 1% p0 Date Filed: zl ,� ,OrD Sfjo.;athold Trovin Clerk TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: w. I (We), JOHN SIMICICH, JR. of 4240 Bergen Avenue (Residence, House No. and Street) Mattituck New York 11952 , by CHARLES R. CUDDY, ESQ. as Attorney me ,_ Stae, 1p oe, le iephone umer 11901 hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE III , SECTION 100-31 , SUBSECTION B ( 13 ) for the below-described property for the following uses and purposes (and as shown on the attached plan .drawn to scale): Winery for the production and sale of wine produced from grapes grown in the vineyards ; A. Statement of Ownership and Interest. John and Catherine Simicich Ware) the owner(s) of property known and referred to as _. -Sound Avenue and Bergen ouse No. , Street, Ram let) Avenue Mattituck • 1000- 121 -1 - art of 001 identified on the Suffolk County Tax Maps as District 1000, Section 121 B oc 1 , Lots) _p/o 001 which ftmak (is) on a subdivision Map (FCid>e�dapproved 11-20-$9 by P19 Bd "Map of John Si icich Jr " Filed Map No. and has been approved'.by the Southold Town P ann ng -Board on' November 20, 1989 as a [Minor] [Nadmr] Subdivision). The above-described property was acquired by the owner on October 6, 1988 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The agricultural use of the premises will continue ; the location of the proposed winery will be in compliance with all zoning setback requirements for this zone district ; the area of the land is. greater than the minimum requirements for this Agricultural -Conservation Zone District; the proposed use is compatible with the character of this district as well as with regard to visibility and accessibility . C. The property which is the subject of this application is zoned A-C and [ ] is consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ X ] is vacant land. (with the exception f far building ) . COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. : lgna ure - Sworn to before me this °2� day of January 1990 . 0NCA F. KO%V'ALSICY NOTARY PUCLIC, State cf New York 4aurvell u 1 C No.52.4524771 Qualified in Suffolk County D��; ZB2 (rev. 2/6/86) PjQ_sw,4Q;�„3oi 9 �0 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT. AaJ ACR. c REMARKS TYPE OF BLD. PROP. CLASS LAND IMP. TOTAL DATE (� t_ 0 .� �� I�1 i 1�1 `�0 1 V1- b f 1 ; � l 7. z, t V 1 , C'0 CCTV I I FRONTAGE ON WATER TILLABLE1 2- FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT L' I Cc:) <�o n, TOTAL Ago Soo, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE D I ST—. SUB. LOT FORMER OWNER N, E t AC R S W TYPE OF BUILDING RES. "-SEAS. VL. XRJ\A- comm. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS -yt) /47 11-7) 3 Cx AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowl-and DEPTH House Plot BULKHEAD Total DOCK I I tv I I PAewa6- 5-rALLs Q�Q r__, PAete�nl6- sTAu s Prov . as+-1 I I � I �'Rflpc J�rJlS n Es � I pr•rmco STodL BCE � F � _ Ex�ST1Nfi RMD en poaap BNTR m B Dety. a Ki r5 qe},g . -7cao �STj Y 10 C s IAis o;�p�S Plaa seo Pra,bselo t P � r Re®Ltc eD 's#' Si J�dES F � 4R. 57:�Rwe�d THE V;Ncs N - I Ell I crs rl P JIrJFS ' I f %eV - 2' ExISTNi RMo Pf.PeSED BKTit rl E DGIVG �e4 G KPPE �Qp Ano�r,. R'e�rew V eN A•erytP� Q � p l� ►" L= '— rA u.2. 471ytwo.a t8'i o vicars -, .(� searµ T Tf{DeToD t. S M 1 1 �+ v i Al I i � PRev wC, 5'n,us m 1 I a G��E�� &WE,es I 1 i i !� •:� ,,. �� �o a1 1 �, is �s .� .� •` 5T oae 1 � 1 ERISTwi Rwo Pf.PgSED BNTR N B DGIVG • t(DPOSFD �7 • Z � P �Jty-r :S C K p Pe= ��DES • ��,r, '� - 1 P y ,x 1 4R. S'n►RmO�d t°Tw - ViNa • r - - � _ ate. • i ��• \ H E S - o 1 � / 7 / 71.s P / p M tl _zJ 1 \, pQ1Jti 1TY GA L(ULdT IOW _ �"Y i " � ss.�drre AG.• aoo G�vl: .'`� ° \\J? ��►� r _/ xr a -" s OO1JiTACY rT(srjTC1'\ —*�C u.s 32.4 Q�c► a: r a'i _ � _ ucsC C1)B -O"lr.•4 &S00 CP-P- As1P L c - //. �. •' „•, ..` _ti_ •►avbr.� ' 'L �� 4,6141TA1SY bJ.1'GiTt4l1 !' .9J • . hR OI O 9 e006 4.•f .0.04 6►7/M A••�'a0y 1f ��. UNC(Q 8•"O-L.•6'.`..N.. b40 6r -booy1DG'✓ALL- \\ /�7sa S h►eb....�' p I ,.. . � I I �__ TOTAL dLt.ONOD�C Dd11.Y I ��+.• TOTAL.pA1L .Fl-0\V• 226.G / /L•P Zk �tzae�o �p / •P i 9' 1 T/b•aH.� i..__r+i—iTi- / 3.0 4T.6 L / / V �.as• s tee•w.� 3j 528 Nl o � ol 08.96 �zA o c, r _ V.85'4840W.a�z t _ •� CCC t /3Sq i.7 �' 06 _ iF. fix. �-b TMt \VAT'r�C GfU1�rll- \ P+mro+sefl o WCLLON GO r1 rlY \v1T, ♦� `\\ i .:r� - -f�.�k ''� • er.v�...�. ioc�Tio.. �TJifOLK fOU•JT`Y DC' 46 c PLA� 1 _ C ' � a oR YOUR RECEIVED AT A TERM OF THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN 6 1M DISTRICT OF NEW YORK: HAUPPAUGE AT THE COURTHOUSE THEREOF LOCATED AT Southold Town Clerk VETERANS MEMORIAL HIGHWAY, HAUPPAUGE, NEW YORK ON THE DAY OF SEPTEMBER, 1995 i PRESENT: HON: MELANIE L. CYGANOWSKI Judge UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK -------------------------------------X In re : Case No . : 95-72170-511 Chapter 11 i MATTITUCK HILLS WINERY, INC. , Debtor . -------------------------------------X In re : Case No . : 95-72171-511 Chapter 11 i MATTITUCK VINEYARDS & WINERIES, INC. , Debtor. -------------------------------------X In re : Case No. : 9S-72255-Sll I Chapter 11 JOHN SIMICICH and CATHERINE SIMICICH, ORDER TO SHOW CAUSE Debtors . -------------------------------------X Upon reading and filing the Orders entered in this Court on August 28 , 1995 in these proceedings, the Affidavit of Joseph C. Savino sworn to on September 25 , 1995 , and upon the petitions and i all other papers and proceedings heretofore had herein, LET the Debtors and any other interested party, show cause before this Court at a term thereof, held at the United States Bankruptcy Court for the Eastern District of New York, Hauppauge Courthouse, locate at 601 Veterans Memorial Highway, Hauppauge, New York on the day of 1995 at m. in the />� � noon of that day, or as soon thereafter as counsel '.i i can be heard, why an order should not be made and entered vacating ' or modifying . a prior order this Court and modifying, ;j pursuant to Section 362 of the United States Bankruptcy Code, the automatic stay to permit NFB to enter the Debtors ' property 'i located at 4250 Bergen Avenue, Mattituck, New York for the i purpose of entering, picking and removing grapes as well as removing tractors, vehicles, personal property and other equipment and for a turnover of any funds and/or receivables or j contracts pertaining to the sale of grapes and/or harvested grapes, together with such other and further relief as to this Court seems just and proper. i SUFFICIENT REASON APPEARING THEREFOR, IT IS it �i ORDERED, that service of a copy of this order via facsimile '1 or overnight - mail, together with the papers upon which it is I� +! based, shall be made on the Debtors and their attorney, Thomas 'i A. Pepe, Esq. ,/, the office of the United States Trustee, and the twenty largest creditors listed in the various Petitions, on or before they day of September, 1995 , be deemed good and ``- " sufficient service, and it is i FURTHER ORDERED, that service of opposition papers shall be �i made upon Wickham,. Wickham��.. & Bressler, P . C. , counsel for North Ivy 4UL)rPJ%L;��L � -Fork Bank, and /the Court/.on or before the ;`r day of September, 1995 . ENTERED: el . (UHANIE CYGANOWSKI) Melanie L. Cyganowski, U.S .B. C. 11241m6=5 2 77 TO D S Sourf'loLU rO'dN PLANNING BOARD k Southold, N.Y. 11971 i (516) 765-1938 APPLICATION FOR CONSIDERATION OF SITE PLAN Date of Application Filing Fee Date Rec' d New Use Change of Use Re-Use Extension of Existing Use _ Revision of an Approved Site Plan (Date of Approval ) Other Specify ****************** Name of Business or Site Proposed Winery Location of Site Sound Avenue at Mattituck Address of Site, if available N/s Sound Avenue , Mattituck , NY Name of Applicant John Simicich , Jr . Address of Applicant 4250 Bergen Avenue , Mattituck , NY 11952 Telephone Person to be responsible for Construction owner Telephone 298-5964 Applicant' s interest in site-check one: Owner of Land X Under contract to purchase Owner of- Fee Title to Land John Simicich , Jr. Address 4240 Bergen Avenue , Mattituck Telephone 298- 5964 Site Plans Prepared by Howard W. Young License No. 45893 Address 400 Ostrander Ave , Riverhead Telephone 727-2303 ********************* Attorney : Charles R. Cuddy , Esq . , 180 Old Country Road , Riverhead 369-8200 Total Land Area of Site 5 .6468 acres Sq.Ft. Zone District A-C Existing Use of Site agricultural Proposed Use of Site Winery & Agric Gross Floor Area of Existing Structure( s) 3 , 056 -sqft. sqft. Gross Floor Area of Proposed Structure(s) 3 , 204 sgft. + 4 , 000 sqft. Percent of Lot Coverage by Building( s) 10 , 260 sq . ft . / % Percent of Lot for Parking (where applicable) 28 , 000+- sq . ft . o Percent of Lot for Landscaping(where applicable) 3 acres+- o Datum( Specify)U.S.G.S. 50 to 52 feet AMSL Other Has applicant been granted a variance and/or special exception by Board of Appeals No - Application for Special Exception to be filed week of 12/11 /89 . Case Number Name of Applicant John Simicich , Jr. Date of Decision Expiration Date Will any toxic or hazardous materials, as defined by the Suffolk .-County Board of Health, be stored or handled at the site? No If so, have proper permits been obtained? N/A Number and Date of permit issued NO ACTION (EXCAVATION OR CONSTRUCTION) MAY BE UNDERTAKEN UNTIL APPROVAL OF SITE PLAN BY THE PLANNING BOARD. F} APPLICANT' S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK JOHN SIMICICH, JR. being duly sworn, t�-= and says that he resides at 4240 Bergen Avenue , Mattituck ,� - in the State of New York, and that he is the ,owner of the aixove- or that he is the Owner of the premises (Title) ( specify whether in this x v�;r�hxx'us�c �hgncxct t c application; orx owner or his heirs, successors or assigns will, at his own ex ea :�• • install the required site improvements in accordance with Art!L1,- of the Code of the Town of Southold for the area stated herein and that there are no existing structures or improvements on the 1"Inv which are not shown on the Site Plan; that title to the entire par - , including all rights-of-way, have been clearly established and. 1:=• shown on said Plan; that no part of the Plan infringes upon ariv : _ . . filed plan which has not been abandoned both as to lots and a: roads; that he has examined all rules and regulations adopted Planning Board for the filing of Site Plans and will comply •�� j same; that the plans submitted, as approved, will not be altern:: changed in any manner without the approval of the Planning i3c :z cs and that the actual physical improvements will be installed in strict accordance with the plans submitted. 3 /'7 Signed .- G K? John Simicicn , Jr . ; (owner) j Sworn to before me this 7 day of December, 19 89 ., (Notary Public) CHARLES R.CUDDy Notary Public,Mate of Now York ( rxt#3�9c�C h9�X x � C�c�cc xQfcfx xacr7t`7k r k u k ) Qualified in Su�k County Commission Expires Dec.31, 1 S10o I i 1 i i tY•O \ c 0 C. V P 7N4f2UTON �. �MITN r 19 I KEY \ �. SCALE I -600 \ ell ' / Of mc 1.7 va 'k.N 19.14 Cal, A I ­0 2.4A(.l SR." 1.42 .—I I W, mIl 23-1.l 0'. k0 ft FOR PARCEL NO FOR PARCEL NO. FOR PARCEL NO, SEE SEC N� IFI-01.004J O SEE SEC NO.120 FOR SEE SEC NO 2-0.. SEE 1 0 C.,'Am 39c.0 1.A LINE- FOR PARCEL NO -01.019.1 14A SEE SEC.N0.112 3.441A W d Z 3 .C. J N go/ 4.2 8"?AM Oud S. a. 3.3 4 .5.111 15 a (c Aj� 1.4A(c I A .0 A(.) 0 •3 s 2.2. 4 GH A i=s R. GUDDY ATTO$NEY AT LAW 180 Or.D GouNTxY RoAD(RTE. 58) P.O.sox 1547 RIVERH AD,NY 11901 ADJACENT TO TELEPHONE 369-8200 MOTOR VEHICLE DEPARTMENT AREA CODE 516 May 15, 1990 110 Southold Town Board of Appeals 177 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Special Exception for Winery Appl. No. 3918 - John Simicich, Jr. Gentlemen: Please find enclosed one set of the Site Plan as Amended which also includes the screening (planting) schedule shown on Sheet #2. We ask that the Board accept the plan, as amended, to meet its requirements in its determination and are forthwith submitting nine (9) sets to the Planning Board for final approval consider- ation under the site-plan review process. Yours very truly, Charles R. Cuddy lk Enclosures A 5, -' COUNTY OF SUFFOLK MAY i I Iq% PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE • Z Y3 l9' DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5513 May 10, 1990 Town of Southold Zoning Board of Appeals Re: John & Catherine Simicich #3918 Gentlemen: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 (516)360-5192 7 UL g pA =� 1 �G! 44 APPEALS BOARD MEMBERS � A, ` SCOTT L. HARRIS 4;F Supervisor . Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 Pursuant 'to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : Variance from the Zoning Code , Article Section Variance from Determination of Southold Town Building Inspector:, XX Special Exception , Article III , Section 100-31 Special Permit Appeal No . :3918 Applicant: John and Catherine Simicich Location of Affected Land : 4250 Bergen Ave . , Mattituck , NY 11952 County Tax Map Item No . : 1000- 121 - 1 -p/o 1 Within 500 feet of: Town or Village Boundary Line Body of. Water (Bay , Sound or Estuary) XX State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has -Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to have a winery for r production of sales . Copies of Town file and related documents enclosed for your review. Dated : May 3 , 1990 J y APPEALS BOARD MEMBERS � f= r SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. �� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 May 3, 1990 Charles Cuddy, Eq. 180 Old Country Road Riverhead, NY 11901 Re: Appl. No. 3918 - JOHN AND CATHERINE SIMICICH (Special Exception) Dear Mr. Cuddy: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' Office County Planning 13� q. 40 2 definitely going to exist for a very long 3 period of time in those Hamlet Business 4 Districts under the new Master Plan. Not your district, but other districts that have 5 been placed in this particular area. 6 MR. HERBERT: Fine. I understand all 7 that . I just wanted to explain to you what 8 9 our fears were. 10 THE CHAIRMAN: Wonderful . Thank you 11 very much. 12 Anybody else that would like to speak 13 concerning this application? 14 Hearing no further comments , I make a 15 motion closing the hearing, reserving 16 decision until later. 17 MR. GRIGONIS: Second. 18 THE CHAIRMAN: All in favor? 19 MR. GRIGONIS: Aye. 20 MR. DOYEN: Aye. 21 MR. DINIZIO: Aye. 22 THE CHAIRMAN: Thank you very much 23 for coming in. 24 Appeal(Number 39- in behalf o<John ) The legal notice 25 and Catherine Simicich. it l 41 2 reads as follows : ify i• _ya.,3a 3 Upon Application Number 3918 , John a and Catherine Simicich. Special Exception 5 to the Zoning Ordinance, Article III , Sec- (� g tion 100-31, for permission to have a winery 7 for production and winery. sales . Property g Location: 4250 Bergen Avenue, Mattituck, 9 County Tax Map Number 1000 , Section 121, 10 Bock 1, Lots Part of 001 . 11 I have a copy of three penned-in site ; f 12 plans of which I am sure will be referred to �( 13 by noted counsel , and I have a copy of a 14 Suffolk Count Tax Ma indicating y p a ing this and 15 surrounding properties in the area, tf 16 Mr. Cuddy, would you like to bei t� 17 heard? 18 MR. CUDDY: Charles Cuddy, for the 19 applicants, Mr. and Mrs . Simicich, who are I � 20 both here with me. 21 This is a piece of land that is about 22 5 . 6 acres located north of Sound Avenue, i 23 Ii just east of Bergen. That is the corner 24 as you turn into Bergen Avenue. On the 25 right now are vineyards . There is also an H � i ji :i 42 1 fli 2 old barn. Mr. and Mrs . Simicich' s proposal to �'• � 3 4 take that barn, enlarge the barn, and use it , 5 for a winery. The plan is presently before 6 the Planning Board. This Board will note i`({ that the Planning . Board sent a letter to us �j 7 �rl and had some concern about two aspects of `I 8 9 the application. 10 One aspect is where the ingress or Ix` the entrance way will be. The Simiciches 11 � 12 have agreed to effectively remove the 13 entrance way from Sou nd Avenue and place it approximately 150 north of South Avenue, on 14 15 the east side of Bergen Avenue. They have 16 presented several plans to the Board to do I ,t t 17 this . I think there are four plans that { 18 have been submitted to you; A, B, C and D. 19 They also, they being the Planning 20 Board, had some concern about what they call 21 the buffer area between the parking area and 22 the neighboring property. The Planning 23 Board, for some reason, seemed to think that 24 the Zoning Board has set up the rules that 25 require 50 feet as a buffer between the 'i ; i{ 1 43 . 1+ 2 parking area and the neighboring property. 1 3 I am not sure there is any rule to 4 that effect, although they alluded to the 9 5 fact you had a prior application. I am not 6 sure that application is actually the same !j lih as this one, but I would point out to you 8 that what is proposed by the various, g proposals before you, -A, B, C and D,. is a Y� 10 effectively to have a -10-foot buffer between 11 the parking area and the property line of 12 the neighboring property and then there is �i 13 some 80 feet or more between the line and i 14 the house. a 15 If there is a residence. instead of a E 16 winery at this location, he can put in the 1 17 swimming pool within three or four feet of fl l �4 18 the property line and we have it here, night 19 and day. This will be used only during { i 20 daylight hours . It is a winery, a seasonal 21 type of use. It .could be used all year 22 round. 23 I would propose to the Board that it 24 is an appropriate place for the winery to 25 be. There is another winery, not on Sound i� 44 2 Avenue, in Southold, but on Sound Avenue in Riverhead, two miles from the west of this . - 3 4 I would think that it meets the criteria. �! al exception, not a variance. ' 5 This is a specs p Ii s It meets the criteria proposed by the code. I know of no offensive odor it is going to 8 emit , and. I believe it is . not contrary to ail; 9 the public' s health, safety and welfare. 10 We have, if the public would like to see it, a copy. of the designs for the build- "r 12 ing. I will just hand it up to you. . I have it { 13 two copies . I 14 THE CHAIRMAN: This 1s utilizing the , I 15 existing barn. 16 MR. CUDDY: It is utilizing the 17 existing barn, and the existing barn will be 18 a total of 7 ,000 plus square feet when they 19 get all through with that shown on the 20 plans . 21 I would ask the Board if they would 22 entertain perhaps Plan A or Plan B. The 23 reason for that is I think the parking in 24 these plans are more appropriate. Plan C i 25 has a parking diagram that shows parking l l i 45 really all over the place. So you have to 2 ` ' 3 put it around the back and on the side. I� I think it would be appropriate to 4 14 keep the parking close to the building so AIM 5 people can get into the winery, but this is 6 going to be utilizing an existing structure 7 ;e 8 which is about .3 ,000 square feet and it will 11Y extend that structure and that is shown on 9 the plan, the site plan. Also the plan that 10 B i 11 is in exhibit to you. 12 THE CHAIRMAN: I see the depth of the it 'IrIi 13 parking is about the same of that to the r '�; 14 building. _ The parking here is 72 feet on I 15 the A Plan, and that doesn' t show the actual depth. When I say "depth" , I am referring 16 p to the width of the parking in Plan B. 17 18 MR. CUDDY: Plan B is the same as the 19 site plan that was submitted, except that 20 the entrance way is on Bergen Avenue. I 21 THE CHAIRMAN: Okay, right . 22 MR. CUDDY: That includes all of. the 23 33 spaces in one location. Plan A has • I i' 24 broken it into two units , so it is 11 and ` III 25 22 . I4 4i IL , 46 2 THE CHAIRMAN: When you were alluding � GP 3 to the 50 feet , that is what is mentioned in 4 the letter. That was a figure that was 5 basically dealt with on the Gritano 6 (phonetic spelling) winery in Cutchogue, and 7 there was some concern because several I+ " s houses had. backed up to that particular s parking lot, as in the case of this one �j6a Ef1l 10 house that backed up to this parking lot , 11 and I don' t know. I will have to take a if 12 look at i t . 13 MR. CUDDY: I would propose we Put in 14 two screening areas . We can put in maybe i 15 something .epiphytic screen, perhaps five or 16 six feet high, which grows fast and we could f 17 put along the edge different types of other 18 plantings in front of it . This is only 19 going to be open essentially during the 20 daylight hours . 21 THE CHAIRMAN: I just wanted to ask 22 you for the record. I realize that the 23 winery is only a portion of this application 24 that is before us . However, the special 25 exception really covers the entire lease on PA 1 47 2 the property. 3 How many acres are we talking about � II 4 on this. particular site? 5 MR. CUDDY: The site itself is a 6 single piece of property, 5 . 6 acres . It IC{ 7 originally was more. There was a piece 8 divided off it, which is -a' two acre piece. g It was 7 . 6, and now it is 5 . 6 . j.! 10 THE CHAIRMAN: Thank you very much., 11 Mr. Cuddy. 12 Anybody else that would like to be 13 heard concerning this application? 14 Any questions from Board members? 15 Is there anybody that would like to 16 speak against the application? 17 Seeing no hands , I make a motion 18 closing the hearing and reserving decision i 19 until later. 20 Thank you very much for coming in. . I: i I 21 MR. GRIGONIS: Second. 22 THE CHAIRMAN: All in favor? I ; I . 23 MR. GRIGONIS: Aye. 24 MR. DOYEN: Aye. 25 MR-. DINIZIO: Aye. i � IMF '• a}fit -va h Town Hall. 53095 Main Road `� ti;�,. ,.:�� �"• -,,,,'f� P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 29, 1990 Charles Cuddy 180 Old Country Road P.O. Box 154 Riverhead, NY 11901 RE: Proposed Winery Site Plan John Simicich, Jr. SCTM #1000-121-1-p/01 Dear Mr. Cuddy: 'The Planning Board has reviewed your client' s application and is not in favor of the layout as shown. In reviewing the last Zoning Board of Appeals' decision' ,,` concerning a winery, it was noted that the Zoning Board had requested that parking areas be located a minimum of 50 feet from neighboring properties and be continuously screened with evergreens. The Planning Board agrees that a 50 foot buffer should be maintained between the parking area and the properties to the South and East. Accordingly, the Board requests the parking area be relocated to the North side of the property. For, traffic safety reasons, the Board also .requests that the entrance to the property be relocated to Bergen Avenue to a point at least 100 feet north of the intersection. 1 t If you have any questions or require further assistance please contact this office. Upon submission of 9 copies of revised site plans, the Planning Board will proceed with its review. However, please be aware that the Planning Board cannot grant final approval until your client obtains a Special Exception from the Zoning Board of Appeals. As of today, an application has not been made to the Zoning Board. Very truly yours, Bennett Orlowski, Jr. Chairman rgk cc: Gerard Goehringher, Chairman, Zoning Board of Appeals � NOTICE OF HEARINGS 7:50 p.m. Appl. No. 3903 NOTICE IS HEREBY given, LINDA DAMBASSIS.Variance :10 p.m. Appl. No. 3918- pursuant to Section 267 of the to Zoning Ordinance, Article . JOHN AND CATHERINE Town Law and the Code of the III, Section 100-33, (Article "SIMICICH. Special Exception _ Town of Southold, the follow-. to the Zoning Ordinance,Arti- XXIII,Section 100-239.4(A),as ing hearings will be held by the cle III, Section 100-31, for per- disapproved for permission to mission to have a winery for SOUTHOLD TOWN BOARD construct accessories' garage. OF APPEALS at a Regular production and winery sales. -Meeting,at the Southold Town; .. Pool and additions to dwelling Property Location:4250 Bergen in Property area. Property g Hall,Main Road,Southold,NY' Location:2430 Dignan's Road, Avenue,Mattituck,County Tax 11971, on THURSDAY, Cutchogue, County-Tax Map Map No. 1000, Section 121,. MARCH 15, 1990, at the fol- No. 1000, Section 83, Block 2, ..Block 1, Lots part of 001. lowing times: Lot 7 2 8:15 p.m. Appl. No. 3907- 7:30 p.m. Appl. No. 3917- 7:55 p.m. Appl. No. 3912- NICHOLAS ALIAN UMBRELLA.HOME CARE. EDWARD AND CORRINE Variance to the Zoning Ordi- Variance to the Zoning Ordi- BIRDIE. Variance to the Zon- .nance, Article III A, Section nance, Article VII, Section 100-30A.2 (Article XXV, Sec- Se Ordinance, Article III r- tion 100-253 Adisapproved,'100-71 C,_as disapproved, for Section-100-30A.3, for per- ).� permission to construct a sign, -for permission to construct a re- ._ mission to construct additions tail office complex, p proposed sign is not permitted to one family dwelling, pro- P , proposed in this Residential/Office(RO) posed•construction will have in- construction is not permitted in District. Property Location: sufficient side yard setbacks. this R-40 Zone District. Pro- . 28455 Main Road, Cutchogue, perty Location: 29950 Main County Tax Map No. 1000,Sec Road,30 Pequash Avenue,Cut- tion 102, Block 02, Lot 12.1. Property Location:380 Parsons chogue, County Tax Map No. 7:35 p.m. Appl. No. 3909- Boulevard,East Marion,Coun- 1000,Section 102,Block 03,Lot , JOSEPH CORNACCHIA.Var- ty Tax Map No. 1000, Section 01. iance to the Zoning Ordinance, 037, Block 01; Lot 17.1.. 8:20 p.m. Appl. No. 3915- Article III, Section 100-33, as 8:00 p.m. Appl. No. 3911- JORDAN'S PARTNERS. Vari- _ disapproved, for permission to WALTER RAFFERTY. Vari= ance to the Zoning Ordinance,_. construct an accessory shed in. ance to the Zoning Ordinance; Article VII, Section 100-71, as frontyard Area.Property Loca- Article XXIV, Section 241A, disapproved for permission to, tion: 835 Kimberly Lane; (Article XXVIII, Section" construct office and retail stores, Southold,County Tax Map No: 100-281(3),as disapproved,for'. proposed construct is not per- 1000,Section 070,Block 13,Lot permission to construct addi-'. mitted use in this District: Pro- 20.5. tions and alterations to garage, perty Location: 1000 Main 7:40 p.m. Appl. No. 3916- with apartment.Property Loca-• . Street and 160 Main Road, GEORGE REINHARDT.Vari- tion:East End Road,Fishers Is Gieenport, County Tax Map ance to the Zoning Ordinance,' land, County Tax Map No. No. 1000, Section 34, Block 2, Article III, Section 100-31, as' 1000,Section 3,Block 7,Lot 5.0 Lot 1. disapproved for permission to 8:05 p.m. Appl. No. 3924- The Board of Appeals will at construct deck addition, pro- . MICHAEL HERBERT.Special said time and place hear any and posed construction exceeds per- Exception to the Zoning Ordi- all persons or representatives de- mitted lot coverage and has' nance,. Article IX, Section siring to be heard in each of the insufficient setbacks from pro- 100-91 (B), for change of use above matters: Written cogi- perty line. Property Location: ""`from Bed and Breakfast to a '¢Yments may slid`bej submitted 1380 Pvt. Road #3 Trumans l three family dwelling in this prior to the conclusion of the Path,East Marion,County Tax Hamlet Business(HB)District. subject hearing. Each hearing Map No. 1000,Section 31,BlockProperty Location: 795 Pike will not start before time al- 12, Lot.10. ba Street, Mattituck, County Tax lotted.Additional time for your .7:45 p.m. Appl. No. 3906- Map No. 1000, Section 140, presentation will be available,if CHARLES COLOMBO. Vari- Block 2, Lot 23. needed. For more information, ance to the Zoning Ordinance, please call 765-1809. Article XXIV, Section 100-244 Dated: March 6, 1990 B, as disapproved, for permis. . BY ORDER OF sion to construct a deck addi- THE SOUTHOLD TOWN ' tion to existing dwelling, pro- BOARD OF APPEALS posed construction will have in- GERARD P. GOEHRINGER sufficient sideyard setbacks. CHAIRMAN Property Location: 350 Oak by Doreen Ferwerda j Street, Cutchogue, County Tax 1X, 3/8/90 (28) Map No. 1000, Section 136, j Block 1, Lot 48. . . 1000,Section 070,Block 13,Lot :-Cutchogue,County Tax Map No.- �e'' -.w *. 20.5. 1000,Section 83,Block 2,Lot 7.2 ■s,sr nd/s 7:40 p.m. Appl. No. 3916_ 7:55 p.m. Appl. No. 3912- Continued from previous page OTICE OF HEARINGS GEORGE REINHARDT.Variance. EDWARD AND CORRINE rt 4.,acation.795 Pike Stnxt; OTICE IS HEREBY GIVEN, to the Zoning Ordinance,Article III, BIRIME. Variance to the Zoning Mattt t ck,County Tax Map No. Q pursuant to-J24an 267 of the Town Section 100-31,as disapproved for Ordinance,Article III A,Section T600,Section 140,Block 2,Lot 23 Law andd,,ILA,Code of the Town of - permission to construct deck addi-' .100-30A.3,for permission to con• ;110 p.m. Appl.No.3918 l; ed Southold,the following hearings lion,proposed construction exceeds atruct additions to one family JOHN AND CATHfiRINE SIM will be held by the SOUTHOLD permitted lot coverage and has. _.dwelling,proposed construction will CICH.Special Exception to t 'DOWN BOARD OF APPEALS at a- insufficient setbacks from property have insufficient side yard setbacks. Zoning Ordinance,Article III,.Sekr in Regular Meeting,at the Southold• line.Property Location: 1380 Pvt:• Property Location: 380 Parsons tion 100-31,for permission to hav Town Hall,Main Road,Southold; '-Road#3 Truman Path,East Mari— Boulevard,East Marion,County Tax 1pal NY 11971. on THURSDAY;. on,County Tax map No.1000,Sec. Map No. 1000,Section 037,Block winery for production and wineMARCH 15, 1990,at the followin tion 31,Block 12,Lot 10. 01,Lot 17.1. sales. Property Location: 42parr 8 Bergen Avenue,Mattituck,Countimes: 7:45 p.m. Appl. No. 3906- 8:00 p.m. Appl.No. 3911 Tax Map No. 1000,Section 12yOf 7:30 p.m..Appl.No. 3917- CHARLES COLOMBO:Variance WALTER RAFFERTY.Variancx t Block 1,Lettspartof001. :. hlCh UMBRELLA HOME CARE. Vati- to the Zoning Ordinance, Article the Zoning Ordinance, Article 8:15 p:m. Appl. No.3907ance to the Zoning Ordinance,Asti- XXIV,Section 100-244 B,as dis• XXIV, Section 241A, (Article In cle VII,Section 100-71 C,as dis= approved,for permission to con- XXVIII,Section 100-281(3),as dis= MCHOLAS ALIANO.Variance a rovssion to con- struct a deck addition to existing• approved, for permission to con- the Zoning finance'Article III eeks approved,for permission Section 100-30A.2(Article XXV, struct a sign,proposed sign is not dwelling,proposed construction will, struct additions and alterations to ay of matted in this Residential/Office have•insufficient sideyard setbacks.. . garage with apartment.Property0n 100 253 A),as disapproved; permitted for permission to construct a retail (RO)District. Property Location Property Location:350 Oak Street,- y „:,Location: East-End Road,Fishers oft-tce rnmplex,proposed constntc-e 28455 Main Road, Cutchogue, Cutchogue,County Tax Map No.: Island,County Tax Map No. 1000, tion is not permitted in this R-40 County Tax Map No. 1000,Section 1000,Section'136,Block 1,Lot 48.. Section 3,Block 7,Lot 5. . Zone District. Property Location: 102,Block 02,Lot 12.1. - 7:50 p.m. Appl. No. 3903 8:05 p.m. Appl. No. 3924 29950 Main Road, 30 Pequash6 r 7:35 p.m. Appl. No. 390.9- LINDA DAMBASSIS.Variance to MICHAEL HERBERT.Special E*- Avenue,Cutchogue,County Tax .. JOSEPH CORNACCHIA.•Variance Zoning Ordinance,Article III,Sec- ception to the Zoning Ordinance, Ma No. 1000,Section 102,Block.:; to the Zoning Ordinance,Article III; tion 100-33,(Article XXIlL Section t,, Article IX,Section 100-91 (B),for P , - " 03,Lot Ol. ;:;.-• Section 100-33,as disapproved,for, 100-239.4(A),as disapproved for change of use from Bed and Break- 8:20 p.m. Appl.No.3915- permission to-construct an accessory• permission to construct accessories'' fast to a three family dwelling in this JORDAN'S PARTNERS.Variance shed in frontyard Area. Property. - garage-pool and additions to. Hamlet Business (HB) District. to the Zoning Ordinance;Article': Location: 835 Kimberly Lane;• dwelling in frontyard area Property` See LegailS Next pig n VII,Section 100-71,as disapproved.: Southold,County Tax Map No;, Location 2430 Dignan s Road. , for permission to construct.office;. j and retail stores,proposed construct, :At is not permitted use in this District. Property Locations 1000 Mar Sheet.-,�l;Jt:.)fj _ :.._ - - - - - - ---- - and 160 Main Road;Greenport - - County Tax Map No..1000;Secuan 34,Block 2,Lett 1. The Board of Appeals will at aaid�aid­ time and place hear any and all per sons or representatives desiring to be-. heard in each of the above-matters.•, Written comments may also-be - mitted prior.to the onnclusion.of the subject hearing.Each hearing will net start before time allotted.Addi=..• tional time for your presentation will.'- be available,if needed.For more .. information;please call 765-1809. :. Dated March 6,1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS:' GERARD P.GOEHRINGER" CHAJRMAN" by DoreerrFerwerda,.`;, b i t Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 V TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. / 3l -7/1? o f e C f TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a ropy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, 'GERARD IO P. GOEH I�R , CHAIRMAN �r df f Southold Town Board of Appeals . • �' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y1 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. March 15, 1990 SERGE DOYEN, JR. S,E.O.R.A. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TYPE II ACTION DECLARATION Appeal No. 3918 SE Project/Applicants: John & Catherine Sim icich County Tax Map No. 1000- 121-1-P/0 1 Location of Project: 4250 Bergen Avenue , Mattituck , NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to. "have winery for production and sales This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section* 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at ( 5.16) 765-1809. t r ". *Un - Southold Town Board f o Anneals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y`. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. March 15 1990 SERGE DOYEN, JR. S.E.O.R.A. JOSEPH H. SAWICKI .JAMES DINIZIO, JR. TYPE II ACTION DECLARATION a Appeal No. 3918 SE Project/Applicants•. John & Catherine Simicich County Tax Map No. 1000- 121-1-P/0 1 Location of Project: 4250 Bergen Avenue , Mattituck , NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to _have winery for production and sales This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .233 - For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr ' O��FFO�CD T � Town Hall, 53095 Main Road 0 • 0� P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3918, JOHN & CATHERINE SIMICICH DATE: FEBRUARY 15, 1990 Transmitted is application for special exception submitted by John Simicich, Jr. together with notification to adjacent property owners; short environmental assessment form; Deed; copy of the Zoning Map; three (3) copies of Plans "A," "B," "C," and ="D" and one copy of each Plan reduced to 8-1 /2" x 14." A Notice of Disapproval and a Zoning Board of Appeals Questionnaire Form were not submitted. Judith T. :_Ter Southold Town Clerk t317.21 SCAR Appendix C Slate Environmental Oualily Review SHORT_ ENVIRONMENTAL ASSESSMENT FORM Pot UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or project sponsor) 1. APPLICANT►SPONSOR Charles R. Cuddy as attorney for John Si 2' PROJECT NAME 3. PROJECT LOCATION: M t 1 _ Jnhn- Munlelvality M a t t i t u c k , T o w n!.o f Southold L'eunw a. PRECISE LOCATION(Street address and road intersections.prominent landmarks,aid,or provide map) West Side of Bergen Avenue and the .North Side of 5 . 6+ acres Sound Avenue • CTM #1000- 121 - 1 -p/0 001 5. IS PROPOSED ACTION: • unew ❑Exeanslon ❑Modifleallon/alleratlon S. DESCRIBE PROJECT BRIEFLY: Establish winery operations within existing barn structure with p.ropbsed addition as shown on the.- Site plan submitted hereunder. 7. AMOUNT OF LAND AFFECTED: Inllially 5 F+ acres Ultlmalely _ . 5,. 6+_ Peres S. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Byes ❑NJd It No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?• DI'les-denlial r ❑Ineuslria)Describe: commercial Park/Oorestlopeh apatj []Olhe/ 10. DOES ACriou INVOLVE A PERMIT APPROVAL.OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHE STATE OR LOCAQ? R GOVERNMENTAL AGENCY IFEDERAI. U--�g Yes ❑No It yes,list agency(s)and 0erm1Ua0pr6vals Town Planning. Board County Planning Commission rNone ount He DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT On APPROVAL? . ❑Yes ®110 It yes,Ilse agency name and permtl/approval pending except for this proposal . 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMItIAPPROVAL neoU1RE MODIFICATION? ❑yes 23 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OK MY KNOWLEDGE AOOI,canllsponS na John S i m i c i c 190 Zh Jr . b eO . bale: �2. Slgnalurr: 7 l t If the action is in the Coastal Area. and you are a state 690rICY, ddmplet@ the Coastal Assessment Form before proct±edin9 with this assessment OVER 1 . (Continued on reverse side) btandard N.T.B.T.U.Form 8007. 11 "tl--Ilargain and Sale Lead,with Covenant against Orr •'s Acts—Individual or Corporation, CONSULT YOUR LAWYER REM MIND THIS INSTRUMENT--THIS IMMUMl, IOULD Of U6E15 by LAWYER! ONLY. 103653 10734 P 2a THIS INDENTURE, made fhe 6th day of October" , nineteen hundred and eighty-eight �p0 BETWEEN THORNTON E. SMITH, residing at 44 Brookside Drive, Plandome, NY 11030 : party of the first part, and 'JOHN SIMICICH, JR. and CATHERINE SIMICICg, his wife, 'both residing at 4250_B _ tL tituck# NY I F LIVE $ If F:AL ES f M E NOV 14 1988 TRANSFER TAX SLIFFOLK party of the second part, �() I Y,...,.�-....... ,, WnWESSETH, that the party of the first part, in consideration of ----------( $10.00)------ TEN & 00/100-------------------------------------------------dollars, lawful honey of the United States, and other good and valuable consideration paid by the patty of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being iniktK at Mattituck, Town of Southold, County of Suffolk and State of New York and being more particularly bounded and described as follows: BEGINNING at a point formed by the intersection of the northerly line of Sound Avenue with the easterly line of Bergen Avenue, and RUNNING THENCE from said point or beginning North 21' 14 ' 20" West along the easterly line of Bergen Avenue 177.89 feet; THENCE easterly, southerly, again easterly and again southerly through the land of the party of the first part the following TAXMAP courses and disthnces: DESIGNMION 11tst. 1000 1) North 680 45' 40" East 644.58 feet; 2) South 206 08' 38" East 338.83 feet; S­. 121.00 3) South 880 39' 03" East 220.16 feet; 4 ) South 40 03 ' 40" East 329.33 feet to a point in the northerly 1%. 01.00 line of Sound Avenue; 1.,%1151: p/o THENCE westerly along the northerly line of Sound Avenue the 0011000 following course's and distances : 1) South 8.50 56' 20" West 227.07 feet; �`\c66 2) North 76° 49' 40" West 24.72 feet to the land now or �� formerly ofDavid R. and Jane Starwood; :�'"°•. THENCE northerly, westerly and southerly along the land now or .yvre�. formerly of David R. and Jane Starwood the following courses and eeu.v distances: 1) North 1° 11 ' 20" East 226.21 feet; 2) North 85° 48 ' 40" West 208. 96 feet; 3) South 1° 11' 20" West 185.00 feet to a point in the northerly line of Sound Avenue; • i r , 0734 P9208 M` THENCE westerly along the northerly line of Sound Avenue the followit courses and distancess , 1) North 660 56' 50" 'West 204.03 feet; 2) North 630 04' 20" West 167.17 feet; 3) North 63' 241. 00" West 113.59 fbet to the point or place of BEGINNING. I BEING and intended to be a part of the same premises conveyed to the party of the first part by LEO W. SLEDZIESKI and MARY MMIE; his wife, by deed dated December 28, 1966 and recorded in the office of the Suffolk County Clerk on January 4, 1967 in Libor 6094 page 518. i i . I , I , I II I I I I I I I ,I I I I I I I I • 1 .I . 10734. PC209 TOGETHER with all tight, title and interest, it any, of the party of I the first part In and to tiny ott!ets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and tights df the party of the first part In and to i said premises, , TO HAVE AND TO HOLD the premises herein granted unto the!party of the second part, the heirs or successors and assigns of the party of the second part forever, i I I I I . I I I I i I I i i i I i AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatevjr, except as aforesaid. AND the party of the first part, in compliance with Section 13 of thL Lien Law, covenants that the patty of the first part will receive the consideration for this conveyance and will hold the right to receive such Consid- eration as a trust fund to be applied first for the purpose of paying they cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same lot any other purpose, i The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly execut4d this deed the day and yiAt fit3t above written. IN PRESENCE or: / I . THORNTON E• SMITH I I I t i . 10.7.34, PC210 STATE Of NEW TOM tOUNrY ON ��`'� set SIA"OF HIM rdtuc.eOUN"OP f!!! On the �%c*' ay of d�C/� 19 g g before the On the day Of 19 Wote the personally came personally time THORNTON E. SMITH ' to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument; and acknowledged that executed the (piegoing instrument, and acknowledged executed the same- executed the same. RTINEZ Qtiallfled In Suffolk C61111ty .. Term Expires M 30. 104i Red.ev,��4�t� C.r�.z.Vf'i �•���Z STATE OF NEW YORK.COUNTY Of Bet STATE OR NEW YORK. COUNTY or set On the day of 19 , before me On the clay of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am persdnally acquainted, who, being by me duly that he is the sworn, did depose and say that he resides at No. of that he knows the corporation described i in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. I j9arpin anb fait 392eb SECTION WI.111 COVENAN'r A(;AINs'1' GRANTOR-s ACTS TiTI E No. la 755 4�I BLOCK c LOT COUNTY bR TOWN THORNTON E. SMITH TAX 111hiNG Ai)bRCSS I TO I JOHN SIMICICH r JR. and Rbeorded At Request of The Title Guarantee Company CATHERINE SIMICICH I RETURN BY MAIL TO- 6?• C-00 � STANDARD FORM Of N1W VORK BOARD Of TITIt UNDIRWRIIIRS I // biffri6uttA by Cpkyt4!'X TITIE GUARANTEE- PD.6r/ is V 7 NEW YORK /Y_ lip No. (17 d l A TICOR TiTLE INSURANCE COMPANY I I I W I _U O a 0 ec O �- oo I r� C Q ', r CP C: U-1 C ri -'!- V_I ' �� Tss GnA_u :s A. GUDDY ATTORNEY AT LAST 180 OLD GoUNTBY ROAD ATE. 58) P.O.BOX 1547 Rj�RA_D,NY 119o1 ADJACENT TO TELEPHONE 069-8200 MOTOR VEHICLE DEPARTMENT AREA CODE 516 February 15, 1990 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Special Exception Application for Proposed Winery "Mattituck Hills" for John and Catherine Simicich Dear Sir or Madam: Please find enclosed the following documents for filing with reference to the above winery referred to as "Mattituck Hills Winery, " and premises located at the corner of Sound Avenue and Bergen Avenue in the Hamlet of Mattituck: ( 1 ) Application for Special Exception in triplicate, signed and notarized; ( 2) Notice to Adjacent Owner's form with certified mail receipt and Affidavit of Mailing; ( 3 ) Short Environmental Assessment Form; ( 4) copy of current deed; ( 5) copy of the Zoning Map; ( 6) three copies of Plans "A, " "B, " "C, " and "D" and one copy of each Plan reduced to 8-1/2" x 14. " We ask that you accept this application for filing and schedule this matter for a public--..hearing on your next hearings calendar. We have requested a Notice of Disapproval from the Building Inspector's Office and were advised by the Building Inspector that he was declining - issuance of one on the basis that it was not necessary. One of the reasons we feel the Building Inspector's written Disapproval is necessary at this time is for a determination as to compliance with area standards of the zoning code. Page 2 - February 15, 1990 To: Southold Town Board of Appeals Re: Proposed Winery of "Mattituck Hills Also, please note that amongst the four plans submitted for consideration, Plan "A" or Plan "B" would also be feasible for our clients ' needs, as well as Plan "D" which was the plan originally submitted to the Planning Board under the site-plan process. Due to changes recommended by the Planning Board, which we understand are based upon the Zoning Board ' s consideration of another winery in Cutchogue (Gristina) , we have submitted these four plans for your consideration. - Should additional information be needed, please don't hesitate to contact us. Very truly yours, Charles R. C=d lk Enclosures January S, 1990 Southold Town Building Department Town Ball Post Office Box 179 Southold, NY 11971 Rot Proposed Winery of John 81micich, Jr. Mattituck Hills ( 1000-121-1 p/o 001 ) Dear Sire# In connection with the propoeed winery. of Mr, and Mrs. John Simicich, Jr. at H6rgen and Sound Avenues, Mattituck, New York, it is requested that a Notice of Disapproval be issued after reviewing the attAched plan in order that we may proceed with the Board of Appeals. The following information is provided for your assistanea! County Tax Map No, 1000-121-1-part of Lot 001 Minor Subdivision Lot No. 1 - Map of John Simicich, Jr. approved by the Planning board November 20, 1989 Street Addreast Corner of the 14/s Bergen Avenue and N/s Sound Avenue at Mattituck Total Acreaget 5.6468 acres. Should you require additional information, please don 't hesitate to call. Very truly yours, Charles Re Cuddy Enclosure (Site Plan Map) ` tJ'S Town Hall, 53095 Main Road Old„ P.O. Box 1179 Southold, New York 11971 TELEPHONE (316)76S•1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 29, 1990 Charles Cuddy 180 Old Country Road P.O. Box 154 Riverhead, NY 11901 RE: Proposed Winery Site Plan John Simicich, Jr. SCTM #1000-121-1-p/01 Dear Mr. Cuddy: The Planning Board has reviewed your client' s application and is not in favor of the layout as shown. in reviewing the last Zoning Board of Appeals' decision concerning a winery, it was noted that the Zoning Board had requested that parking areas be located a minimum of 50 feet from neighboring properties and be continuously screened with evergreens. The Planning Board agrees that a 50 foot buffer should be maintained between the parking area and the properties to the South and East. Accordingly, the Board requests the parking area be relocated to the North side of the property. For traffic safety reasons, the .-Board also requests that the entrance to the property be relocated to Bergen Avenue to a point at least 100 feet north of the• intersection. If you have any questions or require further assistance phase contact this office. Upon submission bf 9 Copies of revised site plans, the planning Board will proceed with its review. However, please be aware that the planning Board cannot grant final approval until your client obtains A special Exception from the zoning• Board of Appeals. As of today, an application has not been made to the zoning Board. Very truly yours, Bennett Orlowski, Jr. � S Chairman rgk cc: Gerard Goehringher, Chairman, Zoning Board of Appeals 0 - m w 00 crook x AAA o ' -L W- - � tL p co Ir cc 00 . 41 1 � �'1 1•�• 1-a� Q 00 00 cc 7 1 1✓ do "_ �. 1 d ARti dr At EALS,to nr S0UtIItlLbJIB In the Matter (at the Pethlon of j John Slmlcich, Jr. _ Ndtlt� . • s td • to DOW of Aaneais of the Jown 01 oulhuld I 31bdACRN� tO: Mr. David Starwood PpOt'RR'PY tlWN�N 305 East 24tfi Street New York , NY 10010 YOU Aftt IIWOV GIVtN NOtltr: 1. that It Is tilt InllMllhH fit the IIII&W nod 10 0e11110" the NA►d of AppoAls of the to*" Ilt 5oolhllld to tenuell A (wlG�Ca'44) Ispetlal Wep(lo") (So tgt*Nbx VOKA41 F x x Kak#ac.hdc XAVdI P , 2. 'thAl llte prnpetly which Is lite subject of the re1111o11 It IotAfed AdiAeoltt to tout dldne►ly And 11 d011 etlbldAslellews: Wpet Side n_- f g�rgpnAyrpnuh snrlAnd AId@ of .Cp,illid—AvpnttA . ... Mattituck , town of Southold. .—County-.-Tax, Map tb No. 1000- 121� 1 -nln ddl J. that the ptooe►ly which Is the sllbieel of lltch Mltllloll Is IotA1ed Ill the fe11004116"Inl d11111til -Agriculturat-Gansetyntinny a f Hal ls, such Pellilim. the urldmill led will tlquest 111e Ie110*101 tellef: to asttah 1stwinery 0. .prA�lnft�Ay pr L} tpti unrtpr Artlrip 1tt , ' section lo0-31 , su section 0( 13) of the1_10"Ing Code on this 5.6+ acr6 partfl . S. that tht ptevlslenl of the soulhold town tool"A Code Appllablo ld the►elll1 460kh1 by the 0"dta 518ned Are A (Acle �_.I.1 I . secL1t�.: C HOW ftmx0 We xer*In x0orx"10 Mxmw A m"f akfitf Om! 6, that within flv# days f►nnt Ilse dAle It!►lol,A ""N" 1`0111611 Ifqul111111 the line#10ftlflod Awe *111 be find Ire the Snulllnid town tletk'1 Ofllte At MAID Road Solu` M Id, New Ye►k 1"d yllu mly Ihl�11 Altd Ihlll examine the same duthis ttAufat office hou►l. (5 61 W.►190�. . 6 ' ). thAl Mote flit tellef 10011+1 MAY he VANtod,A public h! i"I milli be hold 60 the mllol H IN 00W of Appeall:INA1 A tlolice of etch WilliAIA"d mull Nt�pub111W At 10111 five d1y1 ptlol Itt the dAl6 a loth WthtA to IN Suffolk 'Moil!And In the Loot towli1-MAIIIIIIth WAIthmm,111*10Ap1t1 MIt11111N14 IA Ohl to*A of Snuthdld Sod dellfAmild for the pttbIlallell of 1pl h Itblteoll thll you 61 ydof I101114"WIV!No IN! ' tlthl to ArpeAt Sod be hfstd At ldth NoAtlnt. 1 ' bA1cd:..Januarv_3/. , _1960.-- _ I ;;''' E{1Ah1os ft Cuddy As 'AttWnNy February 21;, 1990� tofu John and CA Who Slmlcleh' • � I y ' h�lhlettot ' (OnnorA 'NIIAts,:, & CAuwlm Simtcich , Poll 0111tA Add►!11 PAS tb4� of vsrh��ld NeM. York 11901 t,, ;,; .,, tot,Ntl� 616 � 369�b200 [Copy of sketch 61• plan showing Peoposat to be AttAchod top t o"90nloN06 .purpeses. � PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. David Starwood 305 East 24th Street (Tax Map Parcel New York , NY 10010' No . 1000-121 -1 -2 ) Simicich ZBA Sppec . Exception� P 277 M 975 RECEIPT FOR CERTIFIED,MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (see Reverse) i Sent to A Mr . David Starwood t�e ta"eao. st 24th St - 0 .0.,State and ZIP Code ew York Ny 10010 N s Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Recei I to whom an eliver Ne °D Return Re ipt shoe F'tlBwhom. a) Date,and ddress oT - ery i m TOTAL P age anCT � I Postmark or yY E . o LL [L d STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) Linda F. Kowalski . residing at 930 Ole .Jule Lane Ma tt i t u c k , NY 1 1 9 5 2 , being duly sworn, deposes and says that on the 2 8t h day of February 11990 deponent mailed a true copy of the Notice set forth on the re- verse side'hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- face at Riverhead , New York ; that said Notices were mailed to each of said persons by (certified) (regiucxtxc� mail. Sworn to before me this 28th day of February , 19 90 MZWRPWR �1re! _ ausurea an s °°i Notary Public �AteMber fsgp (This side does not have to be completed on form transmitted to adjoining property owners . ) BOARD OF APPEALS TOWN OF sou OLD In the Matter or the Petition of John Simicich , J NOTICE To to the Hoard of Anneals of the town of Southold ADJACtNT TO: PROPt;RT'Y OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of 5oulhold to request a (irrilrXaUO) (Special Extep(ion) (SO&W Plf*NqX$g$figii X X X FfX1j(rXf4 Xa(j � 2. That the property which is the subject of the Petition is located adjacent to your property and Is del. etibedasfollows: West--Side of Rprgen Aypntio andl Nnrth Side of Cniinrl Avan�lp Mattituck , Town of Southold. Count Tax. Map ID No. 1000- 121 - 1 -p/o 001 3. That the property which Is the subject of such Petition is located In the following Zoning district: c r r a That ll> such Petition, the undersigned will request the following relief: Section 100-31 , subsection 13( 13 ) of the Zoning Code on this 5 .6+ acre parcel . S. That the provisions of the Southold town Zoning Code applicable to the relief sought by the under• signed are Article III section ( t t; ) I l l6ll lbls' illii 'lhaE►Il o�skk�c Rat tc taw xfo-rxxppMtt&'lk w:f x&6ms 9 X0W)tX?K fi1J!Kk-)0 f XWay. 6. That within five days from the date hereof,a written Petition tequesting the relief spetifild above will be filed in the Southold Town Clerks Office at Main Road Southold, New York and ydo "nay then and theta! examine the same during regular office hours. (516) 795--1009. , 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must 130 published at (last five days prlor to the date of loth hearing In the Suffolk Times and in the Long Island Tts"Itt-Matlituek Watchman,newspapers published In fhe Town of Southold and designated for the publlestlod of loth hbtlees;that you or your hive the right to appear and be heard at such hearing. Dated: January -S/_ , 1990 Charles R: Cuddy as 'Attt6rnby for John and Catherine Simicich—' Petitioner ( 0Wne r s ' Na me s :John & Catherine Simicich Past tl(fice Address p. 0. Box 1547 Ri vex-beadt .New, York 11901 Tel . No- 516 ) 369-8200 [Copy of sketch or plan showing proposal to be attached for Cdnvpn1et1C6 purposes . ) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS I i ' ADDRESS Mr . Thorton. Smith Cox Neck Road,. Mattituck , NY 11952 Simicich P 429 503 861 n-ECEIPT FOR CERTIFIED (MAIL NO INSURANCE COVERAGE PROVIDED , NOT FOR INTERNATIONAL MAIL - 7 (see Reverse) v Street and No. 1 4., a C n l�ec� of1 D_ P O..State and ZIP Code 0 c3.i Postage 5 � v Cert Pied Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing ( y to whom and r1r Delivered rn b Retur t� .. I r whom, . . I *' Detr Address of y TG fAL Post E[Bd Fees 5�a O 05 cc;) '!mark or i M 1990 E fiiY LL N 0. —— STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) Linda Kowalski residing at 930 Ole Jule Lane a 1 u C , being duly sworn, deposes and says that on the 1 5 t h day of_ February 119 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- face at Riverhead Post Of f i r P ;that said Notices were mailed to each of said persons-by ; . ... (certified) mail. In d a Kowa I S K 1 Sworn to before me this 15 t h �:. day of February , 19 90 MEN1 1► btiR,BALM ftwy f � �— No.4WISS QUMed in SuifdkCo� Notary Public CommissionEvires 8p l 1; • I ' 120 CvALLO1J HYbKOPNEUM4Yl( I A GOtii'r201r B< r.. \ 1 paey�ilQE:- 42AN17GNrLY w>✓LIr �i�'bL- DRAIN -- \ '. { TEST HOLE I � ti<'l,TA1L DiHOF' ' 1�TALL�200 O.F E FLOO'rZ AVZFA GI�iGiuPv CK�.CI��,. I$" 225Co 62.r- ZOO eo.F- A1-L = 11.3 G>TALi_� � \`/ 1 r \VA��t--IOV�t✓��TOtZACv� '• 1GjTALL�1OOO�.rr FLODtZ AVz�A I � Gt;MEn1T 8�i24.5.'F- = 1000 Gj.F:�GjTAt.-L S-� �>TAL1. h oPyollr 1 I "�-C>KoJT TOTA\ �TALL� 12rGQ . = 1�i.Co T ' II � "� TOT-A\- r�TA Lt.-� E�izO\�•= 2 1.D \ N.• �• ` ,l I � GhJ�GK I AnPPTE1Z �� / :; 2*2TEB 11161-1 DEAloi - (moNvev - 101oP�i.l.-cJ.�,.FAPPf!o✓gp� .y 612.wA-rE IL I 1.O •�'' ti ., � I �r..tl v 9•A, 7 4a-�.�e�• � ; CCvAL�e.11Z8 ) � \ ' l �01 t7 \ `Jaya TYhIGAL \VELL t7Ef"All- NTH. �. I.T>ieK�AKt=No fo'fEnlT141- go 'RG@oi OG�iA..1t't'A1G`( ) � \ \ GO1.li'A MttJA'(Iotil \V V-fl-11t`I ICi O' OK. 'p RGl tIACtir ,/ GJTIZJc.-filTr<r! WIrL117� 50' or- 2. GorZ PKo POyEp WELL ,-rcAtE EF4 i k-m7 V6GV-S41 FTLoM GNIIGiNE>•7 C>Io;'AVE -ro Bo'PTOM dG Ga G12e:EtJ 50.9 ✓ 1 �� \50.4 t 3. c> ® LOCATION MIAP ` �� '� \\ \ \ �Q�vv�t� SCALE , It'=600' f!53-5 i \ 1 +2 53.3 6$O LEGJ I \\ 51.0 \ ; 52.7 ID \ * 6d�{rnC��O Qj tia� N R \ \S� P\,01%, i 50.3 r 52.0 \ �N \ypaDEIGN 64. ._6 `L14:71011IGj � S � ,2 t7E'N�>1T`f GALGULA-TIOtJ = nvr.UlBVUa<ILtUeKAUVN OR AMIII i0 THIS SURVEY IS A VIOLATION OF ' \ 5•�4 8 AG. X 300 C7 /AG. = 1 4 Q G►�i7 ' 9 52.4 � rO SECTION 7209 Of THE NEW YOQK S'f �� \ * . SECTIO forl LAW, .p 53� so.2 So _ - 50_ --` �AtJ ITACZ`f �Y�-CAM © ��/t=T �-T'otZt'c' \ \ �:: - COPIES OF THIS SURVEY MAP NOT fiES,. ZZ�Co GJ.F! X O.10 CoPt7/r7.'Ir.- OAF �LpG.AtZ�d = 225. Co Copp THE LAND SURVEYOR'S INKED SEAL OR 53.1 53.7 , U . t¢ m ;.: ,::. . .r" Gi p Co"\V O C>AL GJ�P T IC, TANK EMBOSSED SEAL SHALL NOT BE CONSID rLf _._.. - �g & 7J OO r7 r �- %D7eAQVALE AVZE"A LGAG\•-\\I�C? POOL-. C t p p / f'o" TO BE A VALID TRUE COPY . -12 CA r A SHALL RUt. - ` U N EES INDICATED HEREON �- -,. (R G. r1 O, I r,r'.. :.. i�: 1S .��. . :;`•'::`::::•::: E... ....... . �....:::�. ..:.':....:.�..:.'.. -:;: �TIOnf NrTgiZY �YGiTEt"\ ® h�IJ�1zAL Itd C7UGlTVZ1L�\.� " Avn I �. '" 4 ovo CA E BUR ,,.x- �. ,_:� ..�:.,..:;;'S::> •::.:":::..� � yi;,..�.r:.::.:.:.:.:':..;:.. ::......:::. ::�:.:;..;.::::.... �. '�7 X ONLY TO THE PERSON FOR WHOM THE (a /�"[' (� a 5 1.00 � -- ;::: \ .. . ;•.;.;:.;.:;.;:,. F- _ S 24-G9.f"r, O o4 C�PT7/G! >✓ OF- �LOfv. AtZ!✓A � .00aP d ED AND ON HIS BeHALF i0 THE t " , S PREPAR 1. - 4>3.2y LJ 1 ^ z ANL I ,, ,.=' ..- - �. s.,a „#✓"' %:::;"9'.i:: :;'j,,'. .,.:.,:.,;,::•%::%:: . ��' ( ) 8 O L. 4 -CO \V. 7 �►OO met.-. G>�V�T1G 'TITLE COMPANY, GOVERNMENTAL AGENCY / !f1! '' �44I 8� 300 G>. �117 \VAL Q 1�.1 ,5 a""f::::::i:::<:s> ... L !� EA LEAGH C� t�00L_ . - LENDING INSTITUTION LISTED HEREON, AND f0 THE ASSIGNEES OF THE LENDING INST1- / "'.,� tY EXIST. ALLO\VeP�,L� t7AtLY F-LO\V = 1494 - O &Nl- - NIA E .TUTION. GUARANTEES ARE NOT TRANSh ERA8L1 'O ADDITIONAL INSTITUTIONS OR SURSEOUPM' I -- O At_ A �Lo\V 25.to GAL COAL. C�AV. r - .4 1 (� ) t 52.3 f .. '{ �i L.I.FICCME E 'f0& GovR CfKA77E' 0) \J G.e7. 3 ..:.:..::.:::.::c;;:.: •.... . ..X.:.... ... . ¢IN1iHEb CsRAVE to _... _ l 52.9 > �_ ' FI� L 52.f3 52.9 �.� (3)1 0-o � " a-Cn' pEEP L.P's .-•fir� / '` \� -�"f W 49 1` - - r =� fr•yf POOL TO OA,rE• G.I ''- �7 GLOt ' _.'' d 9� `'��• �A 53.3` /-, ® / � 1 G 52.� I 1 + 1 L s' 2" _,�� �t� - _ !t 1 0 52.8 r IQ Cl A �'0 48. 90o GALL-ofa 1i19v'E ` I. TOT!\L AREA 5.lo4loP� AG. J / `l w4LLn+eEe / 523 N� P vY r-i{ G?rIG TANK Z. ZoNl i NG7 IJe9TG C7 ivJ f{ZiG(- l / 52.6 �i52.0\ v \ Ai ' ;a ( �/ TE2T NoLE LEACHING i�N�L N A&►z ICU LT UiZAt_ - co1.Ir�t; Vp'(t"I O P1 _ / \ 5 .0 ` ,- 52.r' r 1 I,2";--- _ � o J a �© (-VI \ -N G.6. No. 4 3. W 1:7raLOG1GA1- ZONr� - I� N6o \ 4. e ITT �L.t;,& /\IZ�'e = 305l�So Co.V- \ 3 J \ . Sl.s p:,Wow./\t717tTION A42EA' Z04 5,Irr.' \ \ i \ 4�12OF_ r UTIJ12� 17 At71T\0Q AtZ�h '=452-0�.� 52.3 11/ \ 52.2 52.6 ` � \ � �g�JG�� 5I.2 \ =o ~a vfroJNy�veTFK TOTAL L l_t7& AKA " 10S&0 � . / ~ I 1 // \Vd,TE� c� 49.7 .2O�, jl .� �. LOT G0�1G�AC�E = 4.'5 0 9 5L9 "52' 1 ��rzV IG� �� E\vAG� DI�aPD L- e0Y�TEM NT.h. ~• 51.9 S (n T'YP1G�4 or-- -a 52, p C/ IiJ DWF � IL � ~'a,.. • . �O/ ' ` 6 oO \ ` LL LOGATrON � THt= \VAT�1� SUPPLY AND �1'c\VAr,� fl\U>F"O»A.t-. i v3 � \Vt.1, SL7 \\ 52.8 NfC12''GON GOMPL�{ \V1TH T41r:z wJf7 ¢ E t (�`T�? OF T111 �' GDU1=�•OL4C COIJh.ET'Y C7'�G'ASc`Ti'•'1�i�1T' Orr- 1-1isA.L'T �" �;'?'� ? •' .�:\ now or \\ \\ forme r ly on1.5 David R. a Jane Stcrwood �: \ "� �92.2 52,5 n12AINAC�� GALGOLA►,TIUN� _ \� � �. , �sla �1;' k \ '6� \ � - L_ �d G.P. NO, ► � 2 ,'.. 1.9 / - • ' A = AiZ�A OF GtZAe-2 e, = 29Co4 �.'1=. `�. (/� '\ - _ _ � � cI/yg O ►Z = 2" ZAIwr-b.LL - 0.17 ' v • 1 G = GOr:.:;F�OF iZVNOFtr = 0.a0 Zq&4-5 �.� X O.1T' X O.zo = too& G.F �. N.�o `�. ,. `� Q 1'l-\V�t7 AREA. C V A • t'r ' G A = 4\1ZE-A OF i2 = Z" r-AiNFALL = 0-1-7 ' •.� _Q G = GO�Fr-- O1=- = O.GO ` I+ - IG �.t< K 0.%-T K O•�iD = l848 G.1'i G.?�. LIO. G2-Ay�✓ECI A�F�P• SITE PL_- AN - PROPOSED WINERY '• Z?. t V. Ir! IZ�Q. V = A e, G ` `J L>62e: (3) to ' - O" x 9 ` _ Co" 17r--rcrF" L.t� ' FZG'T rlO0L_ A = AQEA, OF 0R-A55 - ?311O�F. TO NA\/t^ 6.1. t=r�At-Ar-- 8• 60Vr--Iz. G = Z" 2AtNFALL.- = L"`,17' 4gpHA�T p 20��3 - 3Eo��F RLlo F 0 20 = z�� G� QVeM�NT PREPARED FOR &0_ASSf,p Af-EA; PAVEp 4tzEA V A V2 G A = A VC t�-A G L% �/E.M E N-C =• 1 1 9 DO A = Aver--4, O r- V(tP,yS = A-<0`1 Z D Z:R PA JOHN VZ = Z" VZA.1 t,1 FA LL = 0-I"-T 1'L = Z" IZA 1 N 1=ALL =0.17 ' G = Gorc IF-F-. Ot= VZ0V,I.0 t✓'� = 0.20 G = Go Or— 0.'1 O �4 w Lp ¢(�42D �,t< x O.1-T' x 0.20 115�15 G.r­ I t 9 OD �.� x 0.1-7' - 0.9 0 = t S ZI G•Y� �a FAVSV A2E�A )2OOV% A2.EA AT MATTITUCK V = A • VZ G A = At��A 01=- A = 4.2c6, OF- i = Z" iZLa11Jt=ALL = 0.1-7 ' I IZ 2" 1zA 1 VJ FA LL = O.l T ' Z I� G = e�o��F-: o� I;r,.)Nor-r- = 0.9 o G = Go�t:r-t=-. O� Ku1.lGr F- = O 0 NOTE TOWN OF SOUTHOLD 3ccA-9 �.t! x 0.1-7' " 0.90 = hS6G.r-. 2880 Ga.F. x O-tT x O.9 O = 4411 G-� 7SCo 02 t &.F. + °,a G.F = 31 Cn� G.F-, I. ■ = MONUMENT ►r'00F AREA i= Q. r.,_ G 31 Cn�G F^: -' 1013.42 G.'FI V.�: = 4Co.3 V.'f-• 1Z�-Q• 2. SUFFOLK COUNTY TAX MAP V = UGi�(q-) 10'-D" � x t2 -a" C7��P L.p, NITH DIST.(000 SECT. 121 BL. I LOT o I SUFFOLK COUNTY, I . Y. A = A\ZIrA Or- Qoo1= 5��3 y G 1_ ITrA1"1rc 8c GGVr__rz. 3. ELEVATIONS SHOWN HEREON ARE VZ = Z" 12AtNP ALV_ _ ®•tT ' REFERENCED TO NGVD(MSL 1929). '(t 0 FF New G = 6oFF1=-. OI✓ I;z0 .,lOr--r- = O.9 O L-.t 4 EXISTING CONTOUR 'U2 J1 1N ' J I i 0.1 f 4. r0 rzooF nr��A�>TorJE V = A G 5. - PROPOSEDCONTOUR a�A�Y1►JvJ�}TrZ1A1. r3L-sI,47 0 V = A Vz • G 6. 52.5 = EXISTING SPOT ELEVATION A AW O G = C-A Of- Atze& or-;wor-- = 1598 �.� \VArrn-feo or- O-Mt?VZ 1JoiJ-�AtJrT-A� \VA�r� r�t�G�AV�6�v r-zoM tam S0iL_v (V � y Z = z" 1zA1 rLFALL = 0\-7' 7. 5n_i = PROPOSED SPOT ELEVATION � p VZA11'1 V=-ALL = 0-I f ' At,.l[7' -i'tJ�tZ't: \MILL 1J0 -TIOXIC, e2K NA.-7_Ar<:i70Ue-_> MAT�1�lAL� �rG1� Ar-r�i �,1-r� G = Go�Ft=01- tZUtJO�rr = o.�o G = Goe�rr-r1F IZLltlot'Gc 0.90 lo83q-- 0.1-7 ` x O.60 = Co�9-7 G.F. !8°IPi�� •' 0.1-7 ' x0.10 = 2-91? G.r-. 1595 G.F: G.F + aS'o C, + (Ca9-7 G.F. = 3G \C< 6 P:- G.r=/V.r-. = A.Z V F V21:Q. UtiIL �� G�V��GLFIG r��1�1^!1 C�i ot� F_X M�Tt01JG7 AiZ� Gt�1iT t7 Vv11iC�x7uL'�t TO uG> 4> x 4'-"o"t7t✓>=V= ►_p. , \ rr" OWNER: -i'OOGr� 3Cs I Co G.r- _Cc8.4Z G.F./V,� = �SL.q V.V-- 1��Q. � UzoE" (ti) to, -0" 4+ x )t' -O" r7EcF' L.'f? -:2, r-r1zG�-r V�OOL 6.1. F12eMrr 8c Govrc4z . JOHN SIMICICH, JR. -rG HAV G.1. AI� 8< 60V�:iZ . 4250 BERGEN AVE. !®O ho 4589�E r--V- GA-r&" Z>A_vP 11J as U rot -- AL L. GA-rGN it7Aeo)Qe., -ro GONGitc-,-r or-- v-iz�GAepY MATTiTUCK, N Y. 11952 �AGIIL►TY O\�TJ�rL'� Irt�1A-TtiK� 17L�� MA,'C. 1¢I t�qo YOUNG NG �' 4' x 4' bOX \\/1TH C->LAOP fat 04,61'T \VrOv,1 t✓V&Mle: - ►JOV 30, 1989 400 OSTRANDER AVE,., RIVERHEAD,N.Y. Ir GAM1=¢��LL- FOUNC7V2�V-eT-c'F 2t�1 t,10 V 182-G, OVz r�GtJpL DATE OCT. 31, !989 ALDEN W. YOUNG, N.Y.S.-P.E. Ek L.S.LIC.NO.12845 SCALD_ 1"=40' HOWARD W.YOUNG,N.Y.S.L.S.LiC.NO. 45893 NO. 89-1024 THOMAS C.WOLPERT,'N.Y.S. P,E.LIC.NO.61483 SHEET I OF 2 50302 z.e T/G = 47 7 OPO4-1 P 48 _( P d S 5 N 0 o 41111 Q �4 s2 J\ \ P,< +67 52.4 \ 0, 44 ......... +>kTn i " r � \� �` `. ..� Y '�7'T �} y�"a,�� ���'�. r`•r" ��F� \ aye: : 4 `' A.�e�y i 51.6 nc' 9 i ``App IT��o�t� ) t.P No. i N 76.4' EXISTING - /52.6 (� a FRAME - / N BARN -A F' ROpp5eb -TA-H - 48- ... ••�1� 7 H -- _ AwN - -�z 4 - _ --- -- ----- -----------49 Ar D r ) t ('O`J 1) �+r. I I j it �1 to 01 N lit" C: t i I , e ra 1 it i 1 moo-1 G.?t). NO. �( S 1.2 l \� 49.7 t S - ---- - ego pp5�fJ WA-fIE�{ ��FZVIG� N 52.5 � n 0 W I or formerly David 1 R. a Jane t'aor�o5en LocA frat�i Starwood NELL T 0 0 SITE PLAN - PROPOSED WINERY PREPARED FOR PLANTING SCHr-- V OLe JOHN SIMICICH JRO KEY t? 0TAN IGAL NAME (00MM0W NAME) QTY. � IZI✓ AZ- P AZ ALeA (t7�LAWMAr-- VALLC-Y W ITS 12 12 - 15 IN. AT MATT ITUC K AZ- 0 AZAL EA (0 e:K'91-1EY WO ITS) 20 I2 - I5 I N- 13r:--G E5eK13r-_i41co 0KIM1:90N t::IYGMY (t2WAt�t% Rr--o 0ARf5l:RKY) 4- IS- Z41W. TOW N OF SOUTHO LD r3E-T e,6 tK6e-KIco 10IJNop-AGII ATa0r'IJ9Vd9P-A (t� r::; t2 LI:Ar✓ JAG. 13A14g>eKRY) 4- le, - Z4 IN. 15c-IL C3�TIJLA L-AGINIA`(A (GIJT L-eAr- eigco) 1 2 -2 /-, GAL. SU FFOLK COUNTY N . Y . GO- 12 GO`I`OW A(5�2-reK UAMMeaI (C3r--AK65�XgY GOTONEAe�TeK) 1�67 IS -- l8 I N. r--0-A r:A0WYM,Jc,) ALATIJc--) 0AMrA0TA ( t9WAWr- 131JKWING 61JC914) 4 18 -24IN TA- IA TAXIJcg 1lIGK69I WO. 2 (GOMPAGT JPt21GI4-r YAW) Z2 IPA - 24 IN, �-O - I �-0gcD`(TNIA INTE:RME:01A (60AVER F-ORc-DYTNIA) 15 I6 - 241N. pl -T pINdco -rH6NIbL-RGI (JApr:�Nec9e bLAGK PINE) 15(0 3 - 4 F-T GO- f; 6OaN0c:q r- L.ORIpA (WHITe: rL-0vv-K1NG 00GWOOP) I 5 - & r-T. AG- 9 AGeg vIJ6glJM (ar-- t2 MArLr) 7- CAL,. 4Lnv� � 19 YOUNYOUNGa Y0 DEC. DATE 12 1989 � 400 (OSTRANDER AVE., RIVERHEAD, N.Y.� DEC. , SCALE I"= 2-0' ALDEN W. YOUNG, N.Y.S. P.E. & L.S. LIC.NO. 12845 NO. 89- 1024 HOWA'RD W. YOUNG, N.Y.S. L.S. LIC. NO. 45893 THOMAS C. WOLPERT, N.Y.S. P.E. LIC. NO. 61483 SHEET 2 OF 2 50302