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Home My WebLink About1102 TOWN OF SOUTHOLD, NE~V YORK ACTION OF THE ZONING BOAF~D OF ~PEALS Appeal NO. 1102 Dated May 19, 1967 To Theodore O. Bittner Sound View Avenue Southold, New York DATE. Jun6.8,.. 1967 AppeHant bt a meeting of the Zoning Board of Appeals on ~U~SdRy~ June 8, 1967 was considered and the action indicated below was taken on your ( ) l%equsst for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) the appeal I. SPE~AL EXCEPTION: By resolution of' the ~ard it was determined that a special ~coption ( ) ~ granted ¢ ) ~ denied pursuant to Ar~ic~ ............... Section ................ Subsection ................ paragraph ............. of the Zoning Ordinance, and the d~ision ~ the ~di~ Inspector ( ) be revers~ ( ) ~ confirmed b~ause 7:40 P.M. (E.D.S.T.), Upo~ applicati~on of T~e~dore O. Bittner, Soundview Avenue, Sout~old, New ~ork, for a special exception in accordance w~th the Zoning Ordinance, Article III, Section 300, Subsection 5 (d), for permission to operate and maintain stables and a ,riding,iacademy. ~LLocation of property: south sid~ Soundview Avenue, Southold, New York, bounded n~rth bM Sound View Avenue east byZebroski-Booth, south by No~th Road, west ,bM Sepenoski-Bittner. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict ap,plication of the Ordinance (wou/d) (wonid not) produce practical difficulties or ~unnecessary hardship SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (v;odid not) be shared by aH properties ali,ke in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined,that the requested variance ( ) be granted ( previous decisions of the BniIding Inspector ( ) be confirmed ( ) be reversed. ) ) be denied and that the APPROVED n;>hur3~;l U~'~aru of Appeals ZONING BOA~I) OF APPEALS After investigation and inspection the Board finds that the applicant requests permission to establish and maintain a riding academy. The Board f/rids that this academy will be on a parcel of land 31.97 acres, which is ample area for the type of use proposed. It is the opinion of the Board that the location of the proposed use is suitable for a riding academy. There is ample area on the property to take care of parking facilities. There is ample area on the property so that all riding instructions can be done on the appl~ants property.~ It is the opinion of the Board that such a use is in the public interest and will observe the spirit of the Ordinance. The Board finds that the public convenienee and welfare and justice will be served and the legally established or per- mitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. THEREFORE, IT WAS RESOLVED that Theodore O. Bittner, Sound View Avenue, Southold, New York, be GRANTED permission to operate and maintain stables and a- riding academy on ~ro~eTty located on the south side Sound View Avenue, Soutbold, New York,' as applied for, subject to %he following conditions: 1. There shall be a two foot by th~e~ foot (2' x 3') sign at each highway crossing. Said sign shall b~ setback ak least one foot (1') from proper~y- line; shall, be four feet (4') above ground level; shall have two hundred feet (200') visibility to traffic from each directi0n'~ 2. There shall be one on premises sign. Said sign shall be no larger than three feet by four feet (3' x 4'); shall be located five feet (5') from all property lines. 3. There shall be off street parking for all customer's and employee's cars or vehicles. 4, Manure shall be removed from the premises weekly. 5. Ail riding ins~ructi~ s and trail riding shall be supervised. 6. Ail riding instructions and trail riding shall be on the property of the owner or other premises with the owner's consent. 7. There shall not be any riding on the town highways or other highways after sunset. 8. Boarding or stableing of horses, orther than those of the owner, (applicant), shall be approved by the Board of Appeals. 9. Outside storage of hay, straw, or other material shall be at a safe distance frOm any building and as firesafe as possible. LEGA~ ~OTICE Notice af Hearings Pursuant to S~tion 267 of t~he T~ ~w ~d the p~v~io~ ~e ~ Buil~ng Zone Or~n- ~uff~ C~ty, New York, p~blic he~in~ ~ be he~d by the ~ ~ of ~ of the Town ~ ~u~old, at ~e Town Office, ~ ~, ~old, New York, ~ ~.~e 8, 1~6~, at ~:30 p. m. ~n ~e f~ ~: p~e~tl~n ~f Ben T. ~e~ and~ ~d, S~I~, New York, ~or re- ~ the Sf~ of ~ York T~wn ~per~y: ~c~ ~e Nor~ Bay- ~ R~d, ~u~old, New ~ork, ~, ~t by ~ ~m~er, sou~ by N~th Ba~i~ ~ad, west ~by ~o~ R~old. 7:~ P.~. (~.~.T.), Upon ~ti~ of ~d~e O. BRtner, ~ Vi~ Ave~,ue, ~oathold, New York, f~r a sp~ exception in ;~r~ce with the Zo~g Or- ~d~, A~e ~, S~tion 3~, ,S~n 5 (,d), for pe~i~n ~t~ ~ .a~ ~n~ stabl~ and-a ~di~ '~demy. ~caticn ~ p~pe~y: ~ side S~ View ~venu~, ~u~ld, N~ York bound- ~ no~h by ~d View Avenue, ~st by ~ebrosM~ao~h, south by ~o~ ~o~d, w~ by ~ene~ki- B~ner. pBcation of Theresa ~l~e~er, ~ruce S~reet, ~d~ City, New ~k, for a ~,e ~ ~rda~ce ~e I~, Section 3~3, Art~le X, off a s~p ~f ~ with c~t fron~ge ~d ~ea. ~a- 't~on ~f ~roperty: ~th ~de ~t ,~d, Cu~e, N~ York, ~ed ~ by ~ R~d, e~t ,~by W~c~ ~uth by L. O~mbe, ~west by WilB~. placation ~ ~st R~f~, ~n ~d, ~ ~n, N~ York, ,a/c ~c~ ~t., Gr~po~, New ; Yo~k, f~ a v~i~e.~ ~rd~ce ~ m~ ~.'~n~;~'A~i- cie ~, ~tion ~, set off ~o l~.s w$~. insuffi- cient f~e '~d ~r - ~pproval ~f ~c~ in ~ wi~ the '~r~ sl~ N~ ~, (~ Or~n~rt, N~ Y~k, ~ed ~ ~c~ 2~, ~ by~ ~. C., Pfeffer. ~y ~ d~g ~ be he~d on ~y of ~ a~ve a~plicatlons shoed ~ ~t the t~e ~d ~WN ~ OF COUNTY OF SUFFOLI~, STATE OF NEW YORK, ~ ss: J ... ~... ~C~ .s~---~-~.....~-~kq~....~<.~.~:... being duly Sworn, says that . .~L~.., Is Pnnter and Pubhsher of t~e SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and ~hat the notice, ,of which the ~mnex~d is a printed copy, has been published in the said Suffolk Weekly Times once in each week, for ....... .~...~.. ............. week~ successively commencing on t~he . .~c....~.:~ .......... day of .... ........ 19.a. ?. Sworn to before me this . day of ..... ~.-~.. ....... 19~.~ .. ...... ..... dlnance of the Town of Southo' Suffolk County, New York, pubL hea~ will be held by the Zon- ing.~oa-~l of Appeals .~e Town of Soutbold, at the~.~ Office, Main Road, Southold, ~lew York, on January 14, 1~1 on the following appeals: 7:40 P.M. (E.S.T.), upon appli- cation of Gerassimes & Machi Totolos, New Suffolk Avenue & Deep Hole Driv~ East, Mattituck, New York, for ~variance in ac- cordanco with the Zoning Or- dinance, Article III, Section 307, for permission to construct addi- tion to existing dwelling with insufficient sideyard area. Loca- tion of property: S/S New Suffolk Avenue & W/S Deep Hole Drive East, Lot No. 47, Deep Hole Creek Estates, Mattituck, New York. 7:50 P.M. (E.S.T.), upon appli- cation of Dominick Zito d/b/a The Southold Inn Inc., Main Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Sub- section (a), for permission to enlarge existing ground sign with additional height. Location of property: north side of Main ~[~EGALNOTICE Road, Southold, New York, Notice of Hearings bounded north by L. Barnett, east Pursuant to Section 267 of the by L. Barnett, sou~h by Main Town Law and the provisions of Road, west by F L Thompson~ the amended Building Zone Or- 8:00P.M. (E.S.T.), Pursuant to Section 267, Subdivision 6 of the Town Law of the State of New York on the Board's motion, a re- hearing on Appeal No. 1102; upon application of Theodore O. Birr- her, Soundview Avenue, South- old, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Sub~ction 5 (d), for permission to operate and main- tain stables and a riding acad- emy. Location of property: south side Seuadview Avenue, South~ old, New York, bounded north by Soundview Avenue, east by Zebro~ki-Booth, south byNorth Road, west by Sepenoski-Bittner. Any person desiring to bo heard on the above applications should appear at the time and place spe- cified. DATED: DECEMBER 17, 1970, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: .,..~.~/-~, .C~....~.. ~'~..~v~.~ ..... being duly S s~s that . .~.. ~ is Printer and Publisher of ~e SUF: ~EEKLY TIMES, a news~per pubHsh~ county; and ~at the noti~, of which ~e ,~e~d is a p ~py, has ~en published in the ~id Suf~Ik Week~ ' once in each week, tot ........ ~.% .............. Sworn to ~f~e me this . .~ ...... .. ~. ~~. ~ ~. :~.~ .......... ....... NOFICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Or- dinance o~ the Town of Soulhold. Suffolk County, New York, pub- lic hearings will be held by the Zoning Board of .Appeals of the Town of Southold, at the Town Office. Main Road. Southold, York, on January 14, 1971 on tile following appeals: 7:40 P. M. (ESTL upon appli- cation of C. erassimos & Machi Totolos. New Suffolk Avenue Deep Hole Drive East, Mat~ituck. New York, for a variance m ac- cordance with the Zoning Ordi- nance, Article III. Section 307. for permission to construc~ ad- dition to existing dwelling with insufficient sideyard area. Loca- tion of property: S/S New Suf- folk Avenue & W~S Deep Hole Drive East, Lot No. 47, Deep Hole Creek Estates, M~ttituck, New York. 7:50 P. M. {ESTh upon appli- cation of Dominick Zlto d/b/a The Southold Inn, Inc. Main Road, Southold. New York, for a special except'ion in accordance with the Zoning Oi'dinance, Ar- ticle IV, Section 408, Subsection (a), for permission to enlarge existing ground sign with addi- tional height. Location of prop- erty: north side of Main Road, Southold, New York, bounded north by L. Barnett, east by L. Barnett, south by Main Road, west by F. L. Thompson. 8:00 P. M. (ESTL Pursuant to Section 267, Subdivision 6 of the Town Law of the State of New York on the Board's motion, a re-hearing on Appeal No. 1102; upon application of Theodore O. Bittner, Soundview Avenue, Southold, New York, for a special exception In accordance with the Zoning Ordinance, Article III, Section 300, Subsection 5 (dh for permission to operate and main- tain stables and a riding acad- emy. Location of property: south side Soundview Avenue, South- old, New York, bounded north by Soundviewl Avenue, east by Zebroski-Booth, south by North Road, west by Sepenoski-Bittner. Any person desiring to be heard on the above applications shonld appear at the time and place specified. DATED: DECEMBER 17, 1970 , ~.~ -,. BY ORDER O~ THE SOUTHOLD TOWN COUNTY OF SUFFOLK STATE OF NEVI/ YORKI ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK WATCHMAN, o public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zroveler-Mattituck Watch- successively, commencing on the ............. .~./... ....... ~. .............. day of ...... ~ .......... .c,..,~.~..w,,.¢..,.~,:' ': ] 9.r;.,,.'...~ ' ........................................ · '-.:N: : .... Sworn to before me this ...?'-./.L ........... d~¥ o[ t9~(.:..:. ..... ...... ) ........ ...... .......... l~ota~ Public / ADELE TO T~LI~ ZON-~NCr ~OAI~D OF AP~I~kL~, SOUTI-IOLD, Iq. Name $~eet ~d Number ........ ~:~.~ ...................................................... ~_~ ~z~ .................... hereby ~ly ~o ~ ZQN~ B~D O~ ~E~S for a ~I~ EX~N in ~rd~nce wi~ ~e STATE OF -N~'W YEYP~K / V~ ~o~ ~c ~ommiss~on ~p~r~s ~a~c~ 30, / ~anuar¥ 21,, 197l SmSthtown Hunt Club Dr. Arthur F~odor:Lchs Vernon Valley Road Northport, ~..~o, New ¥0rk 11768 We are writing you at the suggestion of Theodore Blttner, propr4etor of the H~dden Lake Riding Farm & So~ool~ Middle Read, Southold~ !;.¥., to Inform ~ur group that ~e Sm~n H~n~ ClUb ~s pr~ted, hence fo=~, ~r~ us~ ~e p~ines. On September 17, 1970, n~ne aroused Bttt~e~ neighbors appeared at a meeting of ~e a~rd o~ Ap~alS, ~e T~n au~or~ wh~ o=tg- ~all~ gr~d ~lsston to ~e Hld~n ~e ald~g Fa~ & Sch~l, to vo~ a l~g series of c~laints. ~ese ~la~ts e~rn ~e Safety of children Damage to private roadways and fall crops. 4. Riding on highways. Parking of horse vans al`uS the County Read on December 1970. On ~anua~y 14, 1971, a larger group o£ neighbors appea~ed to £ormally protest at a public re-hearinq of the original ~une 1967 special exception. A police report and other letters a~e tn our records. The Booed Is charged w~th, among other th~ncjs, w~th helping to prc~ote the safety and general welfare of the Town and the conservation of property values, A m~n~nml response has been made by the Board o£ Appeals to the -2- Januar- 21, 1971 foregoing c0mplaints in an action dated January 14, 1971, limiting the riding priveleges extended to Hidden Lake Riding Farm & School's customers and guests to property owned by Theodore Blttner, which is alleged to be 100 acres. Customers and guests may use neighboring property lr£oviding that the owner files prior written permission, clearly do£ining the property on which such use is permitted, with the Board of Appeals. In addition a condition has bean added to the original action which prohibits any equestrian activities such as a focc hunt. Failure of the Bittner operation to respond to these reasonable requirements will Jeopardize its future. Copies of this letter are being sent to the other 2 Southold T~n stables about whom we have received complaints about inhumane treatment to horses. YOur cooperation and understanding of this action will be appreciated. RWG/bn Yours truly, Robert W. Gillisple,' ~ro, Chairman Southold T~n Board of Appeals cc- Theodore Blttner, Hidden Lake Riding Fam & School, South,Id, N.Y. James Kavanaugh, Crescent Beach Riding Stables, last Marion, N.Y. Jam~s Warner~ Royal Flush Stables, Mattitu~k, N.Y. SupervisorMartocchia John WIukham~ Cha~Tman Southold Town Planning Board Robert Tasker, Tc~n Attorney Chief of Police Cataldo T~ Whom Ut May Concern I, Jon~ B. Sepenonkl, owner of ~arm and woodland property near Feconlc Lane on the West~ bordered on ~he ~ort& by $oundview Ave. and on the East ~y Amgelo Fetruccl ~ave no desire for any person or persons to trmpase upon said property for a~y p~rpose Whatsoever. The above mentioned property nas Peen legally posted ~or l~ve years stating this fact. I have :,never g~ven permission [or ~ox ~untlag upom my land and never willl Howeyer, t~ese fox hunters nave repeatedly ~gnored me and ~ave ent~red and hunted upon my land. They were told to leave, onl~ to return again. ~h~ IZmit o~ my tolerance nas beam reac~ed; I do not wish ~o see them on my property again. ~espectxully yours, Jonn B. $epenoski V I submit toe ~olIowing statements prepared by myself. ~l~ I have rented land xor five years. (enclosure 1; ~2)Tf~lS land fas been posted by me in eoz~lpllance with the New York ConserTatlo~ Law. ~Ihave persona~ly Informed the proprietor of Hidden Lake Riaxng Academ~ ~ Mi~ Jacqueline Blttner) That ! did no~ want horses and dogs running through this l~d. (~) Three times the ~orses aad dogs came through this ~and. ~5) Three ~imes I warned them and made them leam ~b] Each time I told them to leave I received trouble. Examples: Dogs cannot read, we are under the ~g~ tension wires, dld.~m&t Know it was prtvate, d~d not see the posted mgns, I came here ~e~ore and w~1! do l~ again, call the police, are you the owner, Well can we at least eatc~ rue dogs, everyone else llKes us flow come you doa,t, can we talk to you later w~a~ is your name,the do~s are running can we follow t~em, ete.,e~c~ e~c,o (1) Th~ese people ~ave complete disregard ~or property. private.A ruey are so possessed wi~U what they think ms a~rlstocratzc spor~ that ignore ~fle landowner. I do not know o~ o~e landowner who nas glVe~ them permission to eater his lands. 1~ there are any, please show me a release signed by the landowner. ~ Since the rig&ts o~ people are ~ein~ ignored 9y t~ese fox ~unters I wls~ rlg~t to do so ~e revoked. Johm B. Sepen~skl,Jr. EncLosure Number (1; B.Sepenoski have rented allmy land to my son, ~onn B. SepenoekI, ~r.. for the perxod 1967 to present. He ha~R'ful! right ~ do wlth said land as December 16, 1970 To whom it may concern: I am a resident on Kenney's Road, west side, eighth house south of Soundview Avenue; a residental area. Several weeks ago my wife saw two beautiful horses with well dressed riders ridin~ north on Kenney's Road. She and my four year old son admired them until they disappeared from view. Several minutes later, while han~ing clothes in our back yard and with our son playing inside she heard the sound of a horn. Looking un, she saw at the back of our property, one of thes~ame two riders or at least dressed as one of the same two riders. Without hes- itation he ~allo~ed across our yard scaring my wife so that she ran into the house, t~om there she called me but when I arrived home, I could find no sight of ~ny horses. Several days later, I heard about the fox hunts, I asked one John B. ~epenoski to please call me in the f~t~re on the day of the hunt so that my children would not be let outside of the house that day. Thank you for your cooperation J~n. 8, 1971 Box 1132 Peconic, N.Y. Hon ~.~embers Zoning Board of AppealL Town of Southold To~vn office, ~Iain ~d. Southold, Dear Sirra, AL we cannot appear in person, thiL letter iL with reLpect the hearing on Jan 14, 1971 at 8:00 P.I,~£. on a re-hmaring on appeal #ll02 by Theodore 0 Bittner. ~,iy wife and I live about 2 ~ileL from ~r BittnerL Riding Academy in Peconic on the Sound. W'" own about 12 acreL including the woodl~r~d behind uL. V~ have lived here for 28 yearL and are not eaLily upLeto ~%~ like molt all our neighborL in Seconic are basically tolerant, live and let live. Early in December we were invaded by a Pox hunt conLiLting of ~b~ut 30 horLemen and horLewomen,together with howling etc. This h~ not been the first time. These invading con- tin~ent~ have been growing i~ Lize. Our land and private road~ are hea~ly poLted with No TreLLpsLsing Sign~. ThiL is ignored. Prior ~perm'.i.'LLion has never been aLkYd for, az~d will not be given. An in- · vaLi®n of t2~iL kind c~ really Lcare one, when one iL on foot~ and ~art~.ularly ~. woman. He_~e we have the invaLion of a perLonL privacy, our ~vacy, th? d~mag~to our dirt ~oad~ one of which had been ~Lt~eLurface~ chopped up by 120 hoofL in the rain moaked earth, ~d T~he lia~ity ~f the property owner incaLe of accident, with ~ll the nat~ral ~fallm. The burd of damage iL Lo evident that thole that do thiL muLt have little con®ideratio~ for otherL. In our opinion there leaves little queL%ion aL to where theLe activitieL are organized and led fro~ what with the attendent publicity, and the horLe VanL lined up in front of ~[r. BittnerL LtableL at the time. ~ In view that thiL iL not an iLolated incident but that others have had their privacy and property violated, we are oppo~e~ to the operation of this nuiLance, and hazzard. YourL very truly, l~elson Axien , E~aine kxien C POLICE DEPARTMENT, TOWN OF SOUTHOLD PECONIC, NEW YORK, 11958 Jsnuary 7, 1971 Mr. Robert W. Gi]]ispie Jr., Cheer man, Southo].d Town Board of Appeals Southold, New York 11971 Dear Mr. Gi]lispie: Tn reply to your letter of January 4, 1971 regarding the riding academy maintained by Theodore Bittner, o~r records for 1969 and 1970 show the following incidents; Ou November 12, 1969, a request was received from Theodore Bittner for assistance in rounding up his horses which had broken the fence and were on the highway. A police car was dispatched and we complied with his re- q~:est. On June 11, 1970, Mr. Joseph Bugdin of Peconic, New York complained that Mr. B~ttner's horses had broken loose and damaged his property. On December 5, 1970, Mr. Angelo Petrucci of Cutchogue, New York complained that horses from the Hidden Lake Riding Academy bad been ridden ou his property north of the riding academy, doing approximately $5OO.00 worth of damage. If I can be of further help to you, please do not hesitate to contact me. Yours very truly H. D. W~NTERS Lieutenant F~xec~tive Officer MDW:fg C POLICE DEPARTMENT, TOWN OF SOUTHOLD PECONIC, NEW YORK, 11958 Robert Gillispie Southold Town Board of Appeals Southold,N.Y. 11971 Hr. Gillispie, Enclosed you will find a photo-copy of another complaint involving the horses from Hr. Theodore Bittner's stable located on Rte 27A Southold,N.Y. Very truly yours, H D Winters Lieutenant 0 I-IELD ILEPOIU] Pt)LICE DkPT.. TOWN OF SOUTIfOLD, INq. Y. January 4, 1971 Chief Cataldo Southold Town Police Dept. Peconic Lane Peconlc, L.I., New York 11958 Dear Chief Cataldo: Please send us your report on any complaints which may have come to your attention tn the last 2 years since Thoedore Blttner was granted permission to operate and maintain a stable and riding academy on property located at north side of County Road 27, Southold, N.Y. Among the conditions which the Board of Appeals set forth in this action is the folXowing: All riding instructions and trail riding shall be on the property of the owner or other premises with the owners consent. The Board expects to have a re-hearing on January 14, 1971. Robert W. Otllieple," Jr., Chairman Southold Town Board of Appoals SwG/bn CLEMENT W. BOOTH