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HomeMy WebLinkAbout53287-Z TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 53287 Date: 09/18/2026 Permission is hereby granted to: NF Project 3 LLC 10020 Old Sound Ave Mattituck , NY 11952 To: demolish (as perTown Code definition) and reconstruct an existing structure to be a winery with a tasting room and production area as applied for per SCHD, ZBA&Planning approvals. Premises Located at: 9650 Sound Ave, Mattituck, NY 11952 SCTM# 122.-2-24.6 Pursuant to application dated 05/07/2026 and approved by the Building Inspector. To expire on 09/17/2028. Contractors: Required Inspections: Fees: Commercial- New Structure $1,550.00 CO Commercial- New $100.00 JIL Total $1,650.00 Building Inspector wt TOWN OF SOUTHOLD—BUILDING DEPARTMENT Town Hall Annex 54375 Main Road P. O. Box 1179 Southold, NY 11971-0959 � r Telephone (631) 765-1802 Fax (631) 765-950211tt ;//www ,so> t�loldtt7witn ow Date Received APPLICATION FOR BUILDING PERMIT For Office Use Only PERMIT NO Building Inspector: Applications and forms must be filled out in their entirety. Incomplete applications will not be accepted. Where the Applicant is not the owner,an Owner's Authorization form(Page 2)shall be completed. Date:5/1/2026 OWNER(S) OF PROPERTY: to Name: NORTH FORK PROJECT 3 LLC SCTM # 1000-SECT. 122.00 BLOCK 02.00UOT �0 Project Address:9650 OLD SOUND AVENUE, MATTITUCK, NY 11952 Phone#:917.535.3777 Email:martignetti@gmail.com Mailing Address:9650 OLD SOUND AVENUE, MATTITUCK, NY 11952 CONTACT PERSON: Name:CLAY COFFEY, ISAAC-RAE STUDIO Mailing Address:430 MAIN STREET, 2ND FLOOR, GREENPORT, NY 11944 Phone#:347-276-6093 Email:clay @ isaac-rae.com DESIGN PROFESSIONAL INFORMATION: Name:CLAY COFFEY, ISAAC-RAE STUDIO Mailing Address:430 MAIN STREET, 2ND FLOOR, GREENPORT, NY 11944 Phone#:347-276-6093 Email:clay@ isaac-rae.com CONTRACTOR INFORMATION: Name: Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION 'New Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated cost of Project: ❑Other $500,000.00 Will the lot be re-graded? Dyes *No Will excess fill be removed from premises? ❑Yes RNo 1 PROPERTY INFORMATION Existing use of property:VINEYARD/VVIN-E-RY� intended use of property:VINEYARDANINERY Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to R-40/R-80 this property? FYes Imil No IF YES, PROVIDE A COPY. 9 Check Box After Reading: The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by Chapter 236 of the Town Code. APPLICATION 15 HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code, housing code and regulations and to admit authorized inspectors on premises and In building(s)for necessary inspections.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. Application Submitted By(print name):CLAY COFFEY ©Authorized Agent DOwner Signature of Applicant: Date: 5/11/2026 0 ONNIE D.BUNCH Eiry Public,State of New York STATE OF NEW YORK) No.01 BU6185050 Qualified In Suffolk County SS: Commission Expires April 14, 20a COUNTY OF being duly sworn, deposes and says that(s)he is the applicant (Name of individual gning contract) above named, Name of ignin (S)he is the (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this d a y of 2C Notary Public PROPERTY OWNER AUTHORIZATION (Where the applicant is not the owner) VIA r)(,l - . + Sd%,,j avc M,4 �uc-L 1 residing at do hereby authorize CLAY COFFEY to apply on my behalf to the Town of Southold Building Department for approval as described herein. xl, 5/1/2026 Owner's Signature Date Print owner's Nam, 2 OFFICE LOCATION: P" MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY 9Z wwww.southoldtownny.gov PLANNING BOARD OFFICE W r w TOWN OF SOUTHOLD u January 13, 2026 inrn Mr. Martin D. Finnegan, Esq. P.O. Box 1452 13250 Main Road Mattituck, NY 11952 Re: Site Plan Approval for Old Sound Winery Located at 10020 Old Sound Avenue & 9650 Old Sound Avenue Mattituck SCTM#1000-122.-2-8.1 & 24.4 Zoning District: R-801R-40 Dear Mr. Finnegan: The following resolution was adopted at a meeting of the Southold Town Planning Board on January 12, 2026: WHEREAS, this proposed site plan is for the adaptive reuse of a ± 679 sq. ft. existing structure with ± 484 sq. ft. addition as a winery with tasting and production areas„ the construction of a new two-story, ±3,719-square-foot agricultural storage building with a farm office, and associated parking, on a ±12.59-acre parcel within the R-40 (±0.74 acres) and R-80 (±11.85 acres) Zoning Districts in Mattituck; and WHEREAS, on August 2, 2024, information and materials were submitted for a Site Plan Application; and WHEREAS, Planning Department staff found that the application was incomplete as noted in the letter dated September 11, 2024; and WHEREAS, on September 30, 2024, Martin Finnegan, authorized agent, submitted application materials to the Planning Department for review, which did not include all of the necessary information; and WHEREAS, on October 28, 2024, Martin Finnegan, authorized agent, submitted plans for review and additional materials; and Old Sound Winery I Page 2 of 8 1 January 13, 2026 WHEREAS, at their work session on November 4, 2024, the Planning Board reviewed the application and found it incomplete; and WHEREAS, on November 7, 2024, the Southold Town Building Department issued an amended notice of disapproval to reflect changes to the site plan; and WHEREAS, on November 19, 2024, Martin Finnegan, authorized agent, submitted corrected site plan materials; and WHEREAS, at their.work session on December 16, 2024, the Planning Board accepted the application as complete for review; and WHEREAS, on January 3, 2025, the Planning Board, pursuant to Southold Town Code §280-131 C, distributed the application to the required agencies for their comments; and WHEREAS, on January 6, 2025, at their public meeting, the Southold Town Planning Board set the Public Hearing for February 10, 2025; and WHEREAS, on January 6, 2025, at their public meeting, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, classified the proposed action as an Unlisted Action as.it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type 11 list of actions; and WHEREAS, on January 7, 2025 the Southold Town Code Enforcement officer verified that there were no open violations on the subject parcel; and WHEREAS, on January 7, 2025, the Southold Town Engineer reviewed the proposed application and determined revisions were required for the site plan to meet the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on January 16, 2025, the Suffolk County Department of Health Services reviewed the proposed application and determined it was incomplete; and WHEREAS, on January 23, 2025, the Mattituck Fire District determined that there was no objection to the site plan; and WHEREAS, on February 10, 2025, the Planning Board held the public hearing for the proposed action and held it open pending the SEQRA determination; and WHEREAS, on February 12, 2025, the Suffolk County Planning Commission reviewed the proposed project and determined it to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts; and Old Sound Winery I Page 3 of 8 1 January 13, 2026 WHEREAS, on March 3, 2025, the Town of Southold Local Waterfront Revitalization Program Coordinator reviewed the proposed project and determined the project to be inconsistent with Southold Town LWRP policies and made recommendations to the Planning Board; and WHEREAS, on March 6, 2025, the Southold Town Architectural Review Committee held a regular meeting, however, the Committee was unable to provide substantive comments due to the absence of a defined architectural concept and supporting materials for review; and WHEREAS, on March 10, 2025, the Planning Board held the public hearing for the proposed action and held it open pending the SEQRA determination; and WHEREAS, on March 20, 2025, Martin Finnegan, authorized agent, submitted corrected site plan materials; and WHEREAS, on April 7, 2025, the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, made a determination of non-significance for the proposed action and granted a Negative Declaration after a coordinated review; and WHEREAS, at their work session on April 7, 2025, the Planning Board reviewed the proposed application, along with comments from referral agencies, and required revisions to the site plan to make it comply with various applicable sections of the Town Code; and WHEREAS, on April 7, 2025, the Planning Board held and closed the public hearing for the proposed action; and WHEREAS, on April 10, 2025, the Southold Town Architectural Review Committee held a regular meeting to review the proposed project; and WHEREAS, on April 18, 2025, the Architectural Review Committee (ARC) provided recommendations on the presented materials, but considered the project and site plans preliminary and requested further information for review; and WHEREAS, on June 23, 2025, Martin Finnegan, authorized agent, notified the Planning Department that the applicant is requesting a revision to the approved Site Plan based on economic feasibility considerations related to the originally proposed development; and WHEREAS, on June 24, 2025, Martin Finnegan, authorized agent, submitted draft revised plans and elevations for review; and WHEREAS, on July 16, 2025, Martin Finnegan, authorized agent, submitted revised plans and elevations for review; and WHEREAS, on July 18, 2025, the Southold Town Building Department issued an amended notice of disapproval to reflect changes to the site plan; and Old Sound Winery I Page 4 of 8 1 January 13, 2026 WHEREAS, on August 8, 2025, Martin Finnegan, authorized agent, submitted revised plans for review; and WHEREAS, at their work session on August 11, 2025, the Planning Board reviewed the revised plans and found that a second public hearing on the revised proposal was not necessary due to its reduced scope; and WHEREAS, on August 26, 2025, the Planning Board, pursuant to Southold Town Code §280-131 C, distributed the revised application to the required agencies for their comments; and WHEREAS, on September 3, 2025, Martin Finnegan, authorized agent, submitted revised plans and floor plans for review; and WHEREAS, on October 1, 2025, Martin Finnegan, authorized agent, submitted blacksmith shop floor plans for review; and WHEREAS, at their work session on October 20, 2025, the Planning Board reviewed the revised plans and referral comments received, and required revisions to the site plan to make it comply with various applicable sections of the Town Code; and WHEREAS, on October 28, 2025, Martin Finnegan, authorized agent, submitted revised plans for review; and WHEREAS, on October 31, 2025, the Planning Board, distributed the revised application to the Town Engineer and Town Fire Marshal for their comments; and WHEREAS, on November 7, 2025, the Southold Town Engineer reviewed the proposed application and determined the site plan met the minimum requirements of Chapter 236 for Storm Water Management, and WHEREAS, on November 18, 2025, the Southold Town Fire Marshal reviewed the proposed application and determined revisions Were required in order for the site plan to meet NY Fire Code; and WHEREAS, on November 21, 2025, Martin Finnegan, authorized agent, submitted revised plans addressing the Fire Marshal comments; and WHEREAS, on December 17, 2025, Planning Department staff and the applicant's, agent, Martin Finnegan, discussed the project status and outstanding agency approvals; and WHEREAS, on December 23, 2025, Martin Finnegan, authorized agent, submitted revised plans addressing the Fire Marshal comments; and WHEREAS, on December 2"4, 2025, the Southold Town Fire Marshal determined that there was adequate fire protection and emergency access for the site; and Old Sound Winery I Page 5 of 8 1 January 13, 2026 WHEREAS, on December 31, 2025, Martin Finnegan, authorized agent, submitted revised plans; and WHEREAS, on January 2, 2026, the Planning Board, distributed the revised application to the Town Engineer, LWRP Coordinator, and Town Fire Marshal for their comments; and WHEREAS, on January 6, 2026, the Southold Town Engineer reviewed the proposed application and determined revisions were required for the site plan to meet the minimum requirements of Chapter 236 foir Storm Water Management; and WHEREAS, on January 6, 2026, Martin Finnegan, authorized agent, submitted revised plans; and WHEREAS, on January 7, 2026, the Southold Town Engineer reviewed the proposed application and determined the revised site plan met the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on January 7, 2026, the Southold Town Fire Marshal reviewed the proposed application and determined revisions were required in order for the site plan to meet NYS Fire Code; and WHEREAS, on January 8, 2026, Martin Finnegan, authorized agent, submitted revised plans; and WHEREAS, on January 8, 2026, the Southold Town Engineer reviewed the proposed application and determined the revised site plan met the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on January 12, 2026, the Southold Town Planning Board determined that with exception of the items listed as conditions below, all applicable requirements of the Site Plan Regulations, Article XXIV, §280—Site Plan Approval of the Town of Southold were met; be it therefore RESOLVED, that the Southold Town Planning Board hereby finds the application consistent with the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Approval with Conditions, listed below, of the site plan entitled "Old Sound Vineyard" prepared by Robert A, Steele, Licensed Professional Engineer., dated October 28, 2024 and last revised January 12, 2026, and authorizes the Chairman to endorse the plans listed below after Conditions "A" through "C" below are met: T1 — TITLE PAGE— dated 1/6/25 C1 — Erosion Control Plan — dated 10/17/25 C2 — Overall Site Plan — dated 1/8/26 C3 — Enlarged Site Plan —dated 1/8/26 Old Sound Winery I Page 6 of 8 I January 13, 2026 C4— Grading & Drainage Plan —dated 1/8/26 C5 — Fire Apparatus Plan —dated 1/8/26 C6 — Site Details — dated 19/17/25 S1 — Proposed Sanitary Plan — dated 1/8/26 S2 — Sanitary Details — dated 12/30/25 S3— Sanitary Details 2 — dated 12/30/25 S4— Sanitary Details 3 — dated 12/30/25 W2— RPZ Details — dated 10/28124 A001 — Schematic Floor Plans & Building Elevations — dated 10/27/25 A002 — Schematic Floor Plans & Building Elevations—dated 1/12/26 Conditions to be fulfilled prior to endorsement of site plan: A. Obtain approval from the Suffolk County Department of Health Services (SCDHS) and provide one (1) print of the approved plan including the allowable flow for the site with the sea[, stamp and signature of the SCDHS. B. Fire access must be found to meet applicable fire code requirements by the Southold Town Fire Marshal. C. A use certification must be obtained from the Chief Building Inspector as required by Town Code. Condition to be fulfilled prior to building permits being issued: 1. Site plan endorsed by the applicant. 2. Site plan endorsed as approved by the Planning Board chair. Conditions of approval (ongoing): 1. All aspects of the project shall be constructed and maintained substantially in accordance with the approved site plan including the architectural drawings. 2. Preconstruction Meeting: Prior to beginning any site work, including clearing or grading, a preconstruction meeting shall be coordinated with the Southold Town Planning Department and Southold Town Engineer, This meeting shall include the construction manager or equal, and the designated on-site environmental technician. 3, Screening/Buffering: All required buffering, screening, trees, and landscaping shall be installed and permanently maintained by the property owner in accordance with the approved site plan and shall function to mitigate noise, headlight glare, and visual impacts on adjacent residential properties and, nearby preserved lands. Any tree or landscape material that dies, becomes diseased, or is otherwise removed or destroyed shall be replaced with, the same species and comparable within six (6) months, unless an alternative is approved in writing by the Planning Board. Old Sound Winery I Page.7 of 8 1 January 13, 2026 4. Parking: All parking of vehicles associated with this winery and tasting room shall be provided on site, with no parking allowed on,or adjacent to the street, Parking for patrons shall be limited to the spaces shown on the approved site plan. The maximum number of patron vehicles permitted on site at any one time shall be thirty-seven (37), corresponding to the approved parking layout. No additional or overflow parking shall be permitted on-site, except in the case of an approved special event permit as outlined in item 8 below. 5. Maximum Occupancy: The maximum occupancy of the site, including outdoors, is limited to seventy-four (74) patrons, except as outlined below in item 8. 6. No Group Transportation: The use shall be operated without tour buses, charter buses, limousines or similar group transportation vehicles. No bus parking or loading areas shall be permitted on the site. 7. Noise Control: Amplified music shall be permitted only through small speakers attached to the winery/tasting room and shall be limited to low-volume background music. 8. Operations and Special Events: The winery and tasting room shall be operated in a manner consistent with a small, neighborhood-scale use, serving primarily as a tasting room rather than an event venue. There shall be no more than six (6) special events, as defined by the Southold Town Code, at the winery in a calendar year, subject to the following conditions: a. Nothing contained herein shall waive the requirement that the Declarant make an application for a Special Event Permit as required by the Southold Town Code; b. The conditions set forth in items 5 through 7 shall not apply to Special Events at the winery for which the owner has applied for and received a Special Event Permit as required by the Southold Town Code; c. Notwithstanding the foregoing, nothing contained herein shall restrict a body, board or official responsible for reviewing and/or approving special event permits from recommending and/or requiring that any reasonable conditions be placed on the approval of a special events permit that an aforementioned body, board or official deems appropriate based on the submitted application and the criteria for reviewing Special Event Applications set forth in the Southold Town Code. 9, Deliveries: Any deliveries utilizing the designated ADA parking spaces and ADA compliant sidewalk shall occur during off-hours, only, as depicted on the approved site plan. 10,Lighting- No exterior lighting has been reviewed or approved for this site, Any future exterior light fixtures must be reviewed for compliance and approved by the Planning Board prior to installation. All exterior lighting on the property must comply with the provisions of Chapter 172 of the Town Code. old Sound Winery I Page 8 of 8 1 January 13, 2026 11.Signs: The Planning Board did not review or approve any signs during the site plan review. Any future proposed signs must be submitted to the Planning Board for review and approval prior to receiving a permit. Please also note the following requirements in the Southold Town Code relating to Site Plans: 1. Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. Please call the Southold Town Engineer prior to beginning this work. 2. Approved Site Plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 3. Any changes from the Approved Site Plan shall require Planning Board approval. 4. Prior to the issuance of a Certificate of occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of occupancy may be issued unless the Planning Board approves the changes to the plan If you have any questions regarding the above, please contact this office. Respectfully, 1.V James H. Rich III Chairman Encl. cc: Martin Finnegan, Authorized Agent Michael Verity, Chief Building Inspector Michael Collins, Town Engineer By signing this letter, the applicant acknowledges that there are Town Code requirements and conditions, including those listed above, that must be satisfied prior to the issuance of a Certificate of occupancy. Print name: IPA Applicant Date: Signature: Amanda From: [erezo Mara Sent: Wednesday, September 16' 20363:48PK4 To: Nunemaker,Arnanda Cc; Michaelis,Jessica Subject: RE: Old Sound Vineyard Follow Up Flag: Follow up Flag Status: Flagged Hi Amanda, That is correct.The Planning Board reviewed and approved the proposed changes to the floor layout and elevations for the Old Sound Winery tasting room at their work session on Monday,September 14 th The applicant also completed a pre-construction meeting, so they are good to move forward with you.Thanks! All the best, Mara --------------------------- Mara Cerezo Southold Town Planning Department S437SNYS Route 3S P.O. Box 1179 Southold, NY11971 Phmne: (631)76S'1938 Enoai|: K4aroC@southo|dtom/nny.gov From: Nunennaker,Amanda <Anoanda.Nunenmaker@tuvvn.southo|d.ny.us> Sent:Wednesday, September 16, 2O263:40PK4 To: Cerezo, Mara <mmarac@southo|dtovxnny.Qov> Cc: Michaelis,Jessica~iessica.rnichae|is@tovvn,southo|d.ny.us> Subject: Old Sound Vineyard Hi Mara, Sorry to bother you again, but Clay just called rneto let me know that the Planning Board was okay with all floor layout and elevation changes. Will you be able toforward me written correspondence soon so | can issue the building permit? Thank you '���� Amand` Nw°emaker Building Permits Examiner Southold Town Hall Building Department 631-765-1802 1 d, a x, x BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson a l�,r �' 53095 Main Road•P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Officg Lpcation: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) Southold,NY 11971 /j RECEIVED ihttp://southoldtownny.gov 4-V_ t�► �a�-' ZONING BOARD OF APPEALS NOV _ 6 2023 TOWN OF SOUTHOLD Tel.(631) 765-1809 Aw` Southold Torn Clergy, FINDINGS,DELIBERATIONS,AND DETERMINATION MEETING OF NOVEMBER 2,2023 ZBA FILE: # 7836 NAME OF APPLICANT: North Fork Project 2 LLC and North Fork Project 3 LLC PROPERTY LOCATION: 10020 Sound Avenue and 9650 Sound Avenue,Mattituck,NY SCTM No. 1000-122-2-8.1 and 1000-122-2-24.4. S ORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated August 1, 2023 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. u LW P DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACT/DESCRIPTION; The subject Suffolk County Tax lot#1000-122-2-24.4 is a conforming 8.87 acre split-zoned parcel with the most northerly portion having, approximately 200 feet in depth, fronting Sound Avenue, located in the R-40 Zoning District and rear portion located in the R-80 Zoning District. The parcel runs 121.01 feet along Sound Avenue, turns South for 229.32,feet on the East side and then turns East for 94.48 feet on the North side.The parcel runs 1,159.3 feet on the East side,runs 318.47 feet on the South side along the Long Island Rail Road, runs 1,258.22 feet on the West side, and turns East to run 86.66 feet on.the South side. The parcel then turns North to run 242.57 feet on the West side. The parcel is improved with a one-story frame building(greenhouse) as shown on survey titled"Map of Sullivan"prepared by Jason D. Leadingham, last revised October 20,2023. The second parcel, Suffolk County Tax lot#1000-122-2-8.1 is a conforming 4.78 acre split-zoned parcel with the most northerly portion, having approximately 200 feet in depth and fronting Sound Avenue located in the R-40 Zoning District, and the rear portion located in the R-80 Zoning District. The parcel runs 170.31 feet along Sound Avenue. The parcel runs 350 feet on the East side and then turns West and runs 50.43 feet on the North side. The parcel then turns South and runs 694.48 feet on the East side. The parcel runs 177.12 feet on the South side. The parcel runs 943 feet on the West side. The parcel then turns East for 73.26 feet on the North side. The parcel turns North for 163.93 feet oil the West side. The parcel is improved with a 2-story frame residence, a 1 story frame residence, two greenhouses, and a frame shed. The parcel is improved with a two-story framed residence, a one- story residence, a swimming pool, two greenhouses and a frame shed as shown on survey titled."Map of Sullivan" prepared by Jason D. Leadingham, last revised October 20,2023 Page 2,November 2,2023 #7836,North Fork Project 2&3 SCTM No. 1000-122-2-8.1 and 1000-122-2-24.2 BASIS OF APPLICATION: Request for Variances from Article 111, Section 280-14 and Article 111, Section 280-15; and the Building Inspector's June 20, 2023 Notice of Disapproval based on an application to create a two lot subdivision; at 1)proposed Lot I is less the code required minimum lot size of 80,000 square feet;2)proposed Lot I is less than the required lot depth of 250 feet; 3)a Greenhouse located on proposed Lot 2 is less than the minimum required side yard setback of 26 feet; located at 10020 Sound Avenue and 9650 Sound Avenue, Mattituck, NY. SCTM No. 1000-122-2-8.1 and 1000-122-2-24.4. - RELIEF REQDBaT_ED The applicant requests variances to modify lot lines between the two lots. Proposed Lot 24.4 will be a conforming size lot of 12.47 acres in area. The green house that exists and will remain will have a non- conforming side yard setback of+/- I I feet where town code requires a minimum 20-foot side yard setback. The applicant requests variance for tax map lot 8.1 to be reduced once a lot line modification is approved to a non- conforming size of 51,534.65 sq. ft. and a nonconforming lot depth of 224.30 feet where town code requires a minimum lot size of 80,000 square feet in this zoning district and a minimum lot depth of 250 square feet. AMENDED APPLICATION: The applicant requests variances to modify lot lines between the two lots. Lot 24.4 will be a conforming size lot having 12.59 acres in area. The green house that exists and will remain will have a non-conforming side yard setback of+/- 11 feet where town code requires a minimum 20-foot side yard setback. The applicant requests variance for tax map lot 8.1, to be reduced once a lot line modification is approved to a non- conforming size of 46,025.60 square feet and a lot depth of 224.30 feet where town code requires a minimum lot size of 80,000 square feet in this zoning district and a minimum lot depth of 250 square feet. All shown on the amended/revised survey dated October 20,2023, prepared by Jason D. Leadingham,LLS. ADDITIONAL INFORMATION: Tax map lot 8.1 has the benefit of certificate of occupancy number Z7075 dated June 8, 1976 for a private farm stand;ZBA variance 9 1 dated June 13, 1957,an application for a special permit,was denied. Certificate of Occupancy# Z9404 dated January 23, 1979, for an accessory farm building, Certificate of Occupancy Z32657 dated October 5, 1973 for"as-built"repairs to an existing barn,Certificate of Occupancy Z34534 dated September 2,2010 for Sunroom addition to an existing single family dwelling, Certificate of Occupancy No. 39409 dated December 18,2017 for roof mounted solar panels,C/O No 39503 dated February 9,2018 for a I 00amp underground elected service upgrade, Pre-co # Z26954 dated February 28, 2000 for a one family dwelling with accessory barn,and four accessory storage buildings. Certificate of Occupancy number Z26968 dated 3/9/2000 for an accessory greenhouse,Certificate of Occupancy No.42411 dated 9/15/2022 for an in-ground swimming pool,and Certificate of Occupancy#43581 dated 11/7/2022 for a as built non-habitable non sleeping accessory storage shed. A public hearing on the subject application was held and closed on October 5,2023.After the hearing was closed, the applicant's attorney submitted a colored diagram showing slight lot line changes and changes to the proposed acreage of both parcel I and parcel 2. THESE CHANGES ARE T14E SUBJECT OF TFM AMENDED APPLICATION. In order to accept the amended application, on October 19, 2023 at the Special Meeting of the , Board of Appeal,The Board approved a resolution to reopen the hearing for the sole purpose of accepting an amended survey showing the amened proposed lot lines,acreage for each proposed parcel,all as built improvements on both proposed parcels, and eliminating any proposed future uses on either parcel. This survey was received, as cited herein,and the Board voted by resolution to close the hearing at the Regular Meeting on November 2,2023. FINDINGS OF FAC E_REASQNS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 5,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Tftwn Law 6267-b(3)(b)( Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is a mixed-use neighborhood consisting of Page 3,November 2,2023 #7836,North Fork Project 2&3 SCTM No. 1000-122-2-8.1 and 1000-122-2-24.2 single-family homes,affordable housing, passive park land,and commercial businesses.The proposed sub-division and lot line change will create a residential lot that is greater in size than other residential lots in the neighborhood. The proposed non-conforming side yard setback for the green house is existing and will not change.Proposed parcel 2 is in agricultural production and the existing greenhouse supports that use. 2. To Law V67-hQ)(b)L2 . The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue,other than an area variance. The applicant has the square footage to create a code conforming lot. The benefit sought for the non-conforming side yard setback for the greenhouse cannot be achieved by some method feasible for the applicant to pursue other than variance relief because the non-conforming side yard setback is existing and will not be changed. 3. Town Law 4267-b(3)(141(3). The variances granted herein are mathematically substantial.The reduced lot size represents 42%relief from the code and the lot depth represents I 01/o relief from the code on the proposed lot 1000- 122-2-8.1. The proposed lot line setback for the greenhouse on proposed lot 1000-122-2-24.4 representing 45% relief from the code. However,the granting of the variance will separate the residential area of the parcel from the area of this split zoned property that is in agricultural production. 4. Town Law 4267-bQ)(bb)(1). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town, Law 267-k(3 _).)(b)(5 The difficulty has been self-created. The applicant currently has two code conforming sized parcels. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 1i267-h. Grant of the relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a larger agricultural parcel while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Dantes,seconded by Member Lehnert,and duly carried,to GRANT the variance relief as amended and shown on the survey prepared by Jason D. Leadingham, LLS,/Scalice Land Surveying titled"Map of Sullivan"last revised October 20,2023. SUBJECT TO THE FOLLOWING CONDMON: 1. The applicant shall obtain site plan approval from the Town of Southold Planning Board: This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and' void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 4,November 2,2023 #7836,North Fork Project 2&3 SCTM No. 1000-122-2-8.1 and 1000-122-2-24.2 IMPORTANT LIMITS ON,THE AP'PROVAL(S)GRANTED HEREIN Please Read Carefulll Any deviation from the survey,site plan and/or architectural drawings cited in this decision,or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited above,such as alterations,extensions,demolitions,or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformilies under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED IN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Planamento, Lehnert, Weisman, Acampora, and Dantes. This Resolution was duly adopted(5-0). L e Kanes eisman-, Chairperson Approved for filing 11 / 1,---/2023 \ r 4GE 3t''AY �\ �. - s scmE«.RcouN'n ARir+gN oy+�Aua66a��c �\ mON-aem— _ ..,raxY ns Av 1 r > k` LOCATION MAP F - h{, « � - John PRO ECT DATA .E z a i z<obi r e �r C am' 1 �.� -,vzo•sz'ra a as ax I_ ___,.,,® @;•;new -� -�— ._ -a / gs� � � aE WN�rFA6P 'S TE CIVIL EYGINEE4' L.K.MCLEAN ASSOCIATES D P C Al u ' ,mom t � 4 ' ems—� -. �1 t f ,• i ��_ 1 sq �l3 D cnohon ©cK M�unNDan�CA GB _ ej PROJECTWar : TOWN OF SOUTHOLD SUFFOLK COUNTY, NY t -SITE PLAN y l - - �` OLD SOUND VINEYARD SCALE.,'sD. t f. Tia I" .s•-}[<'*s P .,,c. .tu5*c£s__Y5*ivaG wc�aY.YS. f f D KK Ul Wars E � yuo Jrt! ISSUES/REVISIONS to u ISz —11. r DescriPtiQ o.N Dat SYMBOL LEGEND 'z�' AS PER SCDHS COMMENTS I 1 ;4/29/2' va oM:a.z of xex - ❑ ;; '. —__—. r3 i oea eGuxwav suarE. ® r.E - ncrE- , o corm fa TX 'fq AS PER SCDHs COMMENTS 1 2 6/26/26 r. BE ® Deta 1t92a /A CATS SA iPRY 5 DDSlMERCLn:.BASS STABCAAB !( ' 0.SNPER SCD S rr 111 tt -- G 31.0 DES GNED llt v, }} m `i`TCOMMERCIAL Dwa v i NNti ftEsDENG -,� w L 1 i e e T.1.E N N REQU REo I—6 w/}a snrvG.R VATS ve I) 2� I -- N 024 SAPWDT ftc51DENCE �_/ - w y y - xcr sxaw6 r ffi— U 0 300 GFO j4" 3 yC - e Ran 5 �[h„ � � ti ---_ RDPUTA-0 SEE—EQUNALEN-) � ±+ a i P 1 i DRAWING TRLE: 6 N(aGDDGPDOAGRE) a �� TYPICAL PLOT PLAN 0 LOT LINE sooC GPD/ACRE XME 2T5 ac Es 6.3 ACRES PtANONG) NOT TO SCALE NOT TO SC 1 cvo X6s6 A� 3G36RGPo°` � .—.,-.:- ,,,PI, a,G„�,E MODIFICATION PLAN E v NG OFN�tTT ROi 2} { _ "S5 sEnL&�V vR'STING GREENHOUSE-1..S SF x 3 GPD/SF 1611NG SHED %004 GPD/SF 165 se GPD + NO WATER ENCOUN'ERED *-15E O TPL =e]a]GF HIGHEST FNPECTED GROUNDWATER®E!D .TEST HOLE cOW EY/CE E SOT- ] G D TST HDIE PERFORMED By CDONALO GEOSERVICES 11/O6/24 5+. `q' natle"P yy;0 7 —COT TA FAA} _ - — till z r — - a 'he art F t 41 K f LOCATION MAP u' 3 PROJECT DATA — _ �m >J � a�4-1 ."n esa_ oar LK&I as L K.M LEAN ASSOCIATES D.P.C. g .. s+a= x u 1 t TOWN OF SOUTHOLD r - SUFFOLK COUNTY, NY —— — SITE PLAN / 6o NI OLD SOUND VINEYARD u t hats mus t. fHealth 6v the Suffolk Courtt�0opt M Health Services. Call(631)852-57m,48 hours in aaso o n,g M. onoce.I ( advance,to schedule inspect on(a} P — !t ,.^ - fG N Ha De ES/REVIS IONS m� „rez. as p: iNo! in S m i' c r � 0 �raa 3 — — 33 0 e vn t , r; Suffolk Coanh.Department of Health Servr sr �� AG - � � --——.-, — Approval for Constntetion Other Than Single Family - Reference No CY4-0382 Design Flow 1,1292 GPO Wine Tasting Facility&Non Medical Officetlndustrial Building - yt These plans ha b -ewed for general conformance with Suffolk -- - oq carue rr� County Depart t f Health Services standards,relating to water 1 supply add s—age disposal. Regardless of any "missions eanv n, 1;F; i v."w inconsistenaes or lack of detail consnucnon is red t he m 6s PROPOSED SANITARY i a e E o�-esEo accordance with the attached permit conditions addapplicable c nEr Ec Ile-D 1 c 11.3-i._ S PLAN a TEST }-TOLE � standards.3 years ess spefrom the lly appr aid at the Department This approval ' pins a nears from the app oval dare,act—extended or renewed. it s FERreamEc rvri+ceosea>7cEs ii/Ds/z< 07/10/2026 c Sg2S , r� ac _ xts Le "icon _ s.-a u aorta Profess-oval's Cert fication fiequ red. Approve(Dale T TT}x� eat �; ' i I >mPNaE urnncu c '.'ah"P.E yr R A Certh cat on for the -'e4--n xe09:.a9a f installation and Con t ct vn of the Sewage P a Drs vs S stem i ENLARGED SITE PLAN Use rorinWWM073 �� sca =sc' SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES ti' j