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
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'.~ ...... - TOWN OF' SOUTHOLD PROPERTY RECORD?CARD ~
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FORMER OWNER
RES.
SEAS.
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IMP. ~TOTAL DATE
E'i~L~"J:::~"~ ~1:~.,'.~ ACR.
W , TYPE OF BUILDING
COMM. CB. MICS. Mkt. Value
REMARKS
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total C
FRONTAGE ON
FRONTAGE ON ROAD
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RES. SEAS. VL.k, COMM. CB. MISC. Mkt. Value
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AGE BUILDING CONDITION
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.... ----~ '' --~-',...~ ' '~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
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