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HomeMy WebLinkAbout1000-13.-2-7.8PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Rltchie Lat~ham, Jr. ~ermett Orlowski, Jr, Mark S. McDonald Kenneth L. Edwards Telephone (516} 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: From: RE: Gerard P. Goehringer, Chairman, Appeals Richard G. Ward, Chairman ~/~_ Proposed Riding Academy-Frank Zimmer Route 25, Orient SCTM# 1000-13-2-7.8 DATE: February 1, 1994 Zoning Board of SCOTt L. HARPJS Super~sor Town Hall, 53095 Main Road P. O, Box 1179 Southold, New York 11971 Fax (516} 765 - 1823 This is in response to your letter of January 20, 1994, requesting comments on the above referenced project. The Planning Board is in favor of your Board granting the Special Exception. If the Special Exemption is granted this Board plans to recommendation to the Building Department that a site plan is not required. A copy of a "as built" plan will be requested from the applicant upon completion of the project and placed in the Board's file as a base plan for future reference. cc: Thomas Fisher, Building Inspector In Charge APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Ser~e Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 4, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Frank B. Zimmer Zi~er Farm P.O. Box 355 Orient, NY 11957-0355 Re: Appl. No. 4212 - Special Exception (Riding Academy) Dear Mr. Zimmer: Enclosed please find a copy of the Board's Findings and Determination rendered at our February 2, 1994 Regular Meeting. Please be sure to return to the Building Depart~ent to ascertain and obtain other necessary approvals for this project. We have furnished the Building Department with a copy of this determination for their permanent recordkeeping, as well as the Town Planning Board who is presently considering the need for a site plan application. Also, we have transmitted a copy of your file to the Suffolk County Department of Planning in accordance with Suffolk County's Administrative Code rules and regulations pertaining to variance projects located within 500 feet of a State or County Road. Once we have received their written response, we will forward a copy to you for your permanent file. If you have any questions, please feel free to call. Very truly yours, Enclosure Copies of Decision to: Town Building Department ~n Planning Board Linda Kowalski, Clerk Board of Appeals (Attn: Tom Fisher, Dept. Head) APPEALS BOARD MEMBERS Gerard lq. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOVfN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4212: Matter of the Application of FRANK B. ZIMMER. Special Exception under Article III, Section 100-31B(12) for permission to establish new Horse-Riding Academy. Location of Property: 29525 Main Road, Orient, NY; County Tax Map Parcel No. 1000-13- 2-7.8. The subject premises contains 17.54 acres located in the R-80 Zone District, is presently improved with barns and utilized as a horse farm. At a Meeting of the Zoning Board of Appeals held on February 2, 1994, the following action was taken: WHEREAS, the Board has carefully considered all testimony and documentation submitted into the record concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question as well as the surrounding zoning districts and land-use districts; and WHEREAS, an Unlisted Action Class and Negative Declaration determining no adverse effects to the environment under the N.Y.S. Environmental Quality Review Act (SEQRA) has been determined by the Board of Appeals with respect to this project; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicant seeks a Special Exception under Article III, Sections 100-31B(12) of the Zoning Code which provides and authorizes by Board of Appeals approval a riding stable or academy. 2. Submitted under this application for consideration are a survey amended June 10, 1986 and a sketch of a survey map showing the existing stables, paddocks, turnout ring, indoor arena, outdoor ring, pasture areas, parking, etc. 3. It is noted for the record that: Page 2 - Appl. No. 4212 Matter of FRANK ZIMMER (ZIMMER FARM) Decision Rendered February 2, 1994 (a) the existing use of the premises a~d buildings, is presently allowed agriculturally as a horse farm on 17-1/2 acres with accessory uses incidental t0 the horse farm such as riding and training of the horses (without charge or profit); (b) the subject premises is located in Orient, Town of Southold along the north side of the Main Road (State Route 25) and is identified on the County Tax Maps as District 1000, Section 13, Block 2, Lot 7.8; (c) running along the westerly side of the property is a private right-of-way extending north as access to other lots. 4. It is the position of this Board that: (a) the riding stable(s), or academy, as proposed, will be in conformity with the Zoning Code as applies to this R-80 Residential Zone District; (b) the amount of land applied to this proposed use is more than adequate and will lend to the efficient and safe circulation for vehicles and pedestrians as well as maneuverability of the horses, stable equipment, and vehicles on the site, and appropriately located customer and employee parking areas which are established by the site plan regulations through the Planning Board and Building Inspector. (c) lighting presently does not adversely affect neighboring areas and will continue to be shielded, except for necessary security and safety purposes. 6. In considering this application, the Board also finds and determines: (a) the use as a riding stable or academy for profit will not alter the essential character of this agricultural area and is in harmony with and the general purposes and intent of zoning; (b) that these uses will not be harmful aesthetically or be substantially adverse to public health, welfare, safety, convenience, or order of the town; (c) that the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (d) the use is in harmony with and will promote the general purposes and intent of zoning; (e) that all structures, equipment and material are presently and will remain readily accessible for fire and police protection. The Board has also, among other considerations, considered subsections (A) through (P) of Article XXVI, Section 100-264 of the Southold Town Zoning Code. · ,P~ge 3 - Appl. No. 4212 Matter of FRANK ZIMMER (ZIMMER FARM) Decision Rendered February 2, 1994 Accordingly, on motion by Member Wilton, seconded by Chairman Goehringer, it was RESOLVED, to GRANT a Special Exception, for a proposed Riding Stable and Riding Academy SUBJECT TO THE FOLLOWING CONDITION: Lighting at night shall be permitted for security and safety purposes and such additional lighting not adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Wilton and Villa. This resolution was duly adopted. lk · GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPF_ALS TOWN OF SOUTHOLD ADDITIONAL HEARINGS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, FEBRUARY 2, 1994, co~encing at the times specified below: 4. 7:45 p.m. Appl. No. 4212 - FRANK B. ZIMMER. Special Exception under Article III, Section 100-31B(12) for permission to establish new Horse-Riding Academy. Location of Property: 29525 Main Road, Orient, NY; County Tax Map Parcel No. 1000-13- 2-7.8. The subject premises contains 17.54 acres located in the R-80 Zone District, is presently improved with barns, and is utilized as a horse farm. 5. 7:50 p.m. Appl. No. 4213 - IRWIN and AGNES FRICK. Application for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (and Section 100-244B pertaining to substandard lot sizes) for permission to construct addition with a reduction in the minimum setback at the southerly side yard. JAN 2 Page 2 - Additional Hearing Notice Southold Town Board of Appeals Regular Meeting of February 2, 1994 The existing setback is shown to be approximately 11-1/2 feet, and the addition is proposed to extend 6-1/2 feet from the existing dwelling structure. Section 100-244B requires a minimum 10 ft. setback; applicant proposes a five-foot setback. This parcel of land has a total lot area of 13,940+- square feet and is located in the R-40 Low-Density Residential Zone District. Property ID: 1935 Westview Drive, Mattituck, NY; County Tax Map District 1000, Section 107, Block 7, Lot 5. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: January 21, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERhaRD P. GOEHRINGER CHAIRMAN By Linda Kowalski X X APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen~ Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOAI%D OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: {X ) Planning Board (X ~ Building Department { } Town Trustees Board of Appealsfi~4./t~ January 20, 1994 Our Coordination Request for Comments Site Plan Proposal - Proposed Riding Academy CTM #1000-13-2-7.8 at Orient (17+ acres) Frank Zimmer, the owner of lands which are the subject of a Special Exception before the Board of Appeals, has confirmed that yesterday he commenced reviews concerning his anticipated site plan application with Bob Kassner on a preliminary level, and that he expects to file the above site plan application and supporting documents with your office shortly. Since the application before the Board of Appeals concerns a request for a "riding academy" for which parking, egress, ingress, and screening is subject to Planning Board approval, we would like to provide you with an opportunity at this time to comment on those elements (required by Article XXV-Site Plan Regulations). You will note that the property consists of 17+ acres and is located in an R-80 Zone District. You may wish to refer your suggestions or comments on how the overall layout should be changed or modified before a determination is rendered on the Special Exception. The public hearing will be held by the Board of Appeals on February 2, 1994. In the event you are not able to transmit your preliminary views in writing by that date, we ask that you please communicate your concerns through the Chairman or Linda Kowalski in order that it may be considered prior to a ZBA determination following the public hearing. Thank you. Attachments cc: Mr. Frank Zimmer '"1 . ~ ~ (~ OUNT¥ OF SUFFOLK $OUTHOLO ,# ~,~.~ ~"~Rea~ ~roDer,y T.~ Service Agency ....... '.~ ...... - TOWN OF' SOUTHOLD PROPERTY RECORD?CARD ~ · .~ STREET VILLAGE SUB. LOT FORMER OWNER RES. SEAS. J VL'Lz IMP. ~TOTAL DATE E'i~L~"J:::~"~ ~1:~.,'.~ ACR. W , TYPE OF BUILDING COMM. CB. MICS. Mkt. Value REMARKS J -~400 ~ Tillable Woodland ~ea~lowland '~ou,e ~io~,''~' total C FRONTAGE ON FRONTAGE ON ROAD DEPTH BULKHEAD ---' TOI~VN ~.OWNER RES. SEAS. VL.k, COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS~/~'/?_~, ~j/~',~. ~,-~ . .. ~/~ ' ?t,'1/ -.74. ~ ' - AGE BUILDING CONDITION .'') ~ /1 ~ ~11~/~ NOR~L _ BELOW ~ ' ~ABO~ / FA~, Acre Val~e Per / Va~e/ / 1 ~ ~. Acre Tillable 1 l ~ ~ ~ 2 ~ ' ~ ~v~ , r 't FRONTAGE ON WATER ~'~ / FRONTAGE ON ROAD J ~O ~ ~/ DEPTH ; House Plot" , ,f..,..~ :, *.'. , · BULKH~D ~'~ ~'-- -I 7 '~'9 DOCK , . _ 4 '~ · J · COLOR TRIM M. Bldg. 1 Foundation Bath Dinette ~,~,,,2-_/on~\~ '; ,.~"¢ 'z~7 Basement Floors K. ! / / /./00[ Ext. Walls ,~fw'~. Interior Finish LR.' ' ' ~ t9~0~ ~ ~~ ~ '~ ~0 TypeR°°f RoomslstFIoor BR. .' '~ ~-~ ~0 ~ J 3, V= ~,~ I. o~ ~j O~o~Recreation Roo~ Rooms 2nd Floo FIN. B, .... ----~ '' --~-',...~ ' '~L ?~ L~~ ~ R-80 R-200 ~ R-200 Zimmer Farm Main Road, Orient, N.Y. (North of Narrow River Roid) 323-1317 "WINTER SPECIALS" -- Get-acquainted program on our school horses ~5 Horseback ride in our indoor ~ena, guided by our instructor to determine iiyou wish to sign up for lessons '50 (3) 45-minute private lessons or {4) 30-minute lessons '100 (8} 1-hour group lessons (3 riders} please sign up "ZIMMER FARM EQUF.~TRIAN RIDING CLUB" '5 1-hour group horsemanship classroom beginner instruction '10 1-hour group horsemanship classroom advanced instruction (hands on) s30 guided trail rides approx. 2 hours (over 100 acres) '300 month full board -- includes 3 meals daily care, turnout, blanketing, paddocks {box stalls, rubber mats and shavings) note: deluxe 2- and 4-horse t_railers available for transportation. Frank Zinuner (manager-ow.~er) Come visit us! ~ECEIV£~ JAN 1994 TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION ~OM~old Tow~ Cle~ TO-THE'-ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Date Filed: (Residence, House No. and Street) (Hamlet, State, Zip Code, Telephone Number} hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with .... . =....,, ~., ORDDLqNCE, ARI'ICLE~- SECTION i~.-2i_~z . L S.CT~ON for the below-described property for the following uses and purposes (an.d~as shown on the attached plan drawn to scale): /~l-r~I¢~> A. Statement of Ownership and Interest. pfoperty known and referred to as is(~,~-) the owner(~) of (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section , Block Lot(s) , which is not (is) on a subdivision Map (Filed , "Map of q?~88~ (3~-2-9,~ "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on /~H /~-~ 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: C. The property which is the subject of this application is zoned ~-~0 and [ ] ~ coo~is%en~ 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): [~] iS vacant ]aod. ~u,~ ~zI~m6 COUNTY OF SUFFOLK) STATE OF NEW YORK5 ss.: .i ~( P,~~ Sworn~o befor~ ma this ~0 day of c) ~ [ ~ Nota~ Public. State of New ~B2 -{ ~e ~ Z/6/86 ) No. 4952246, Suffolk ~un~ . Term ~ires June usine5 (Eertifi£ate I HEREBY CERTIFY that I am conducting or transacting business under the name or designation of Z, ~ r~ ~_w~ C~y cz Town of ~ou~ o~ County o~ ~c' ~oL ~ State of New York. I FURTHER CERTIFY that I am the successor in interest to Az; ~/cn,~ COUNTY CLERK'S OFFICE STATE OF NEW YORK t SS.: COUNTY OF SUFFOLK I, ARTHUR J. FELICE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the annexed with the original ..... ~.<<~,/.-.?~..~<..C~'.. ............FILE D in my office ......... ?. Y.~.~.. ? ?.~d.~ ........ ~ ........... and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this ../~")..z:///. ......... ~~ Clerk. Form No. 236 IN WITNESS WHEREOF, I have this and signed this certificate. day of ~ -~ , 19~ , made STATE OF NEW YOR~ ~ . t ss.: COUNTY OF,__~/~~//'~ On his day of to me known and known to me to be the individual certiScate, and he thereupon 190c~.~, before me personally appeared described in and who executed the foregoing duly acknowledged to me that he executed the same. 'i _ S, UR~ECT Rt~BERT R .Xl ILLA RICHAD.~ C. ~ I L'I=e,N APPROVE APPLIcRTI~I~ FoR R SP£cIRL .--C H D.!D-D~ b.l~l-~l]ZE~o I'~ m ~'~EE T~ I~?PR~XI~ T la~ .1 SUBMISSION WITHOUT COVER LETTER DATE: SENDER: SUBJECT: SCTM#: COMMENTS: pr-/ SUBMISSION WITHOUT COVER LETTER SENDER: ~) COUNTy OF SUFFOLK Real Property Tax Service Agent SOUTHOLD I000 ~ECEIVI~, TOWN OF SOUTHOLD, NEW YORK ~ : oo ?~ APPLICATION FOR SPECIAL EXCEPTION JfiN 1994 Date Filed: ~Mlmid Town CIm TO-~H['-ZONING BOARD OF APP£ALS, SOUTHOLD, NEW YORK: (Residence, House No. and Street) ~2.~--/_~' / '7 0~-~£~) N£~ )/~'~< 1~9 (Ha~let, State, Zip Co~e, Telephone Number} hereby apply to THE ZONING BOARD OF APPEALS loc a SPECIAL EXCEPTION in accordance with .... :...,,~L,, ORDDLqNCE, ARI*ICLE~- SECTION /~--~i_~ SUBSECTION for the below-described property for the following uses and purposes (ariStas shown on the attached plan drawn to scale): ~RcHF~ ~O~ ~L~ ~t~ff h~ uo~~O I~ ~ ~J~u~°c~ -- A. Statement of Ownership and In'teresa. is(~) the owner(~t~) of property known and referred to as (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section , Block Lot(s) , which is not (is) on a subdivision Map (Filed , "Map of z/?$~8~ t~.-2-?,6 "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on /~ 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: C. The property which is the subject of this application is zoned ~-~0 and [ ] is c~nsi~ent with the use(s) described in the Certificate of Occupancy being furnished herewith. L ]is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ~] is vacant land. 6u,~ ~)JTiN~ ~,~Oim6~ ~'~ county T~ .~ ~ignature) Sworn~o before ma this ~0 day of d m~L~m~ , 19~: (No~/ P~ i C > dOYCE m. WILKINS ~/ Nota~ Public. State ~ New Y~ ZB2 (rev. 2/6/86) No. 4952246, Suff~k~u~. Term ~i~ Ju~ ~ 1~ SUBMISSION WITHOUT COVER LETTER DATE: SENDER: SUBJECT: SCTM#: COMMENTS: LASER FICHE FORM Planning Board Site Plans and Amended Site Plans SPFile Type: Project Type: Site Plans Status: No Site Plan Required SCTM #: 1000- 13.-2-7.8 Project Name: Zimmer Ridin.q Academy Address: 29525 Main Road, Orient Hamlet: Orient Applicant Name: Frank Zimmer Owner Name: Zimmer, Frank Zone 1: R-80 Approval Date: /~'/-/~ OPTIONAL ADDITIONAL INFORMATION End SP Date: Zone 2: Location: SC Filin.q Date: C and R's: Home Assoc: R and M A.qreement: A date indicates that we have received the related information Zone 3: SCAN Date: SCANNED MS.O6 % d I