HomeMy WebLinkAbout6493
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
ClOY 2 8 2011
FINDINGS, DELIBERATIONS AND DETERMINA..TIO.N. . ·
MEETING OF NOVEMBER 17, 2011 SOU~;iIOICl Town Clerk
ZBA FILE No.: SE 6493
NAME OF APPLICANT: Brian Glenn (C.V.) for William Bergrath
PROPERTY LOCATION: 1375 Ackerly Pond Lane, Southold, NY
SCTM# 1000-69-05-7.1
SEQRA DETERMINATION: The Zoning Board of Appeals received a letter dated August 15, 2011 from the
Town of Southold Planning Board indicating that they wished to assume lead agency status on this application
as an Unlisted Action under Article 8 (SEQRA) of the Environmental Conservation Law and 6 NYCRR Part
617. At the Regular Meeting of September 1,2011, the ZBA adopted a resolution declaring no objection to the
Southold Town Planning Board's request. On October 19, 2011 the Planning Board adopted a resolution,
pursuant to SEQRA, in which they made a determination of non-significance for the proposed action and
granted a Negative Declaration, as stated in a letter to the applicant' agent (Suffolk Environmental Consulting,
lnc) and received by the Board of Appeals on October 24, 201 l.
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 July 13,2011 stating that this application is considered a matter for local determination as
there appears to be no significant county-wide or inter-community impact.
LWRP: 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 FACTS/DESCRIPTION: Subject property is improved with a single family residence and three
barns, it is an active horse farm located on 10.004 acres. It has 245.51 feet of frontage on Ackerly Pond Road
(aka Bowery Lane), 884.51 feet on the western property line, 731.45 feet along the southern property line and
772.49 feet along the eastern property line as shown on the survey dated June 27, 2011 prepared by Peconic
Surveyors.
BASIS OF APPLICATION: Request for Special Exception permit under Article III, Section 280-13B(12) for
the operation of equestrian stables and riding academy
RELIEF REQUESTED: The applicant proposes to construct a 5,200 sq. ft. horse barn and an attached 14,400
sq. ft. indoor arena to be used as a riding academy, as part of the existing horse farm operations. The existing
single family dwelling and other legally existing agricultural structures on the subject parcel will be maintained.
ADDITIONAL INFORMATION: An application for an area variance, ZBA #6492, to establish a riding
academy use on the subject parcel is applied for concurrent with this Special Exception application. Testimony
and letters received from adjoining residential property owners expressed opposition to the application for
Page 2 of 4 - November 17,201 I
ZBA File#6493SE - Glenn/Bergrath
CTM; 1000-69-5-7.1
Special Exception and the requested area variance, largely based upon conditions created by the owner
(Bergrath) who is in the process of selling the property to a new owner/applicant (Glenn, the contract vendee).
At the public hearing neighbors voiced concern as to the damage that large vehicles delivering hay and
removing manure might cause to the shared R.O.W. used by the horse farm and the three residential properties
in the subdivision. The applicant agreed to maintain that portion of the shared R.O.W. that begins at Ackerly
Pond Lane, ending at the driveway turn off to their property. Neighbors were also concerned about the dwelling
on the property having been used for rental income. The applicant stated that he and his family would reside in
the dwelling as their primary residence. Another concern was the possibility of large public events such as horse
shows and rodeos being held on the subject property. The applicant stated that no events of this type would be
held. The applicant and agent also pointed out that the current intensity of use on the subject property would be
reduced because the new owners (Glenn/Sullivan) would be boarding 13 horses as opposed to the 18-25 that
have been boarded at the horse farm over the past years.
The Board of Appeals requested comments from the Planning Board and in a Memo dated August 12, 201 I,
the Planning Board states they support the granting of the Special Exception permit and area variance since the
three uses defined in the code (dwelling, horse farm and riding academy) are all compatible and two of them are
inter-related (horse farm and riding academy).
In a letter dated October 5, 2011 the applicant's agent (Bruce Anderson) granted the ZBA's request for an
extension of time to December 15,2011 in which to render a decision on this application and the area variance
application. The purpose of the request was to insure regulatory compliance with respect to the Planning
Board's SEQRA review.
In a letter dated October 24, 2011, the applicant's agent, Bruce Anderson, attached documentation that the
Suffolk County Department of Planning accepted the applicant's parcel into Certified Agricultural District No.
1 effective September 26, 2011
F1NDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on September 1,2011 at which time
written and oral evidence were presente& 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:
The Board has reviewed the General Standards goveming Special Exception uses set forth in Section 280-142
and finds:
A. That the use ~f a riding academy ~n the subjec~ ~arcel wi~~ n~t prevent the ~rderly and reas~nable
use of adjacent properties or of properties in adjacent use districts. A horse farm and a dwelling have
lawfully existed on the subject property since the approval of this subdivision in 1994 by the Planning
Board. All residential property owners had constructive knowledge of the existence ora horse farm
operation in the subdivision when they purchased their properties. The Special Exception use of a
Stable/Riding Academy typically includes the activities described in the existing permitted use of a
horse farm (the "keeping, breeding, raising, and training of horses.").
The applicant states that the number of horses that has historically been kept on the property
(approximately 18- 25) will be reduced to 13, thereby reducing the intensity of use of the subject parcel.
Also the applicant proposes to give riding lessons to individuals rather than groups of people and to
eliminate the practice of "rough boarding" which will minimize vehicular traffic on the site. The
applicant proposes to install suitable fencing as to prevent any horse escapes to adjacent properties. The
proposed barn/arena is required to secure full approval from the Suffolk County Department of Health
Page3of4 November 17,2011
ZBA File#6493SE Glenn/Bergrath
CTM: 1000-69-5-71
Services for wastewater prior to obtaining a building permit. The applicant proposes to implement a
manure management plan consisting of weekly off site removal of accumulated manures and engage in
best management practices which pertain to horse farms.
B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses
in the district wherein the requested use is located or of permitted or legally established uses in
adjacent use districts The proposed riding academy is a permitted use in the AC District where this
property is situate.
C That the safety, the health, the welfare, the comfort, the convenience or the order of the town will
not be adversely affected by the proposed use and its' location. The utilization of the parcel for the
purpose requested by the applicant is permitted by Town Code within the AC Zone; pursuant to the
granting of a Special Exception by the ZBA and site plan approval by the Town Planning Board.
D. That the use will be in harmony with and promote the general purposes and intent of this chapter.
The Planning Board has found that this application is consistent with the Town's goals of promoting
agriculture.
E. That the use will be compatible with its surroundings and with the character of the neighborhood
and of the community in general, particularly with regard to visibility, scale and overall
appearance. The subject property is located in an AC zone which contains other farms, agricultural
buildings, and residential properties. The proposed stable/riding arena is shown at 29.7 fi. high (with 8
fi +/- decorative cupolas) which makes it compatible in height to the three adjacent single family
dwellings. While large in size (5,200 sq. fi. for the horse barn and 14,400 sq. fi. for the attached arena)
the arena is a standard size for the industry and anything smaller would not be safe for dressage training
and riding lessons proposed as part of the existing horse farm operation. The proposed barn/arena is
conforming to all dimensional and lot converge code requirements.
That all proposed structures, equipment and material shall be readily accessible for fire and police
protection. The Planning Board must grant site plan approval in conjunction with this Special
Exception Permit.
BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Weisman
(Chairperson), seconded by Member Goehringer, and duly carried to
GRANT, a Special Exception permit, as applied for, and shown on the Survey of SCTM# 1000-69-05-7.1 dated
May 31,2011, last revised June 27, 2011 (additions), prepared by John T. Metzger, L.S., Peconic Surveyors, and
the drawings by Joseph Fischetti, P.E. dated May 5,2011 and labeled Sheet No.: 1 (elevations) and 2 (floor
plan).
Subject to the following conditions:
1. The applicant/owner will reside in the dwelling on the subject property and shall not rent to others.
2. Secure fencing will be constructed to prevent horse escapes.
3. No horse shows, rodeos, or other large scale events such as car or antique shows, weddings etc. shall
take place on the subject property.
Page 4 of 4- November 17, 2011
ZBA File#6493SE - Glenn/Bergrath
CTM: 1000-69-5-7.1
4. The proposed barn/arena may only be used for the horse farm/riding academy uses defined by the Code
and as presented to the Board of Appeals in this Special Exception application.
5. No more than 20 (twenty) horses may be boarded on the subject property at any one time, or must re-
apply to the Zoning Board of Appeals.
6. No "rough boarding" of horses is permitted on the property in association with this Special Exception
permit. (Rough Board defined: The horse owner providing total care of their own horse(s) every day,
physically present at the facility as often as necessary to provide; cleaning, feeding, turning in/out
and/or giving water.)
7. The applicant shall maintain the portion of the common subdivision R.O.W. that starts at Ackerly Pond
Lane and ends at the driveway turn offto their property. In the event that a new driveway is established
from Ackerly Pond Lane directly on to the subject property by action of the Town Planning Board's site
plan review and approval, this condition shall be removed and rendered null and void.
8. This Special Exception permit is granted subject to site plan approval by the Southold Town Planning
Board.
9. This Special Exception permit applies only to the applicants and is not subject to transfer to others.
Violations in connection with the conditions listed herein may result in the Board, upon its own motion,
conducting a public hearing for the purpose of considering the termination of this Special Exception permit.
Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider.
(Absent was,' Member Horning) This Resolution was duly adopted (4-O).
Leslie Kahes Weisman, Chairperson
Approved for filing // / / ~/2011
/KEY MAP
SCALE, I" = 6QQ'
RAIN RUNOFF CONTAINMENT
BARN-ARENA . 19,512 Gq. fL
19BI2 ~ ] x Od7= 3,317 cu. flo
PROVIDE 7 Dry ~ell~ 8' ~ x 12' deep
PARCO & DRIVE ~CA PAV~ENT)*
~690
~ ~ 886 cu. fl.
E6~ ~ 0.6 0.17
~ VF
PROVUE E Le~Ing Pool~
NO TS'
SUBSURFA CE SEWA GE DISPOSA
SYSTEM DESIGN
BY" JOSEPH FISCHETTI, P.E.
I HOBART ROAD
SOUTHOLD~ N.Y. (1971
(631) 765-2954
,r 5
/
i~~ ~ /// ~ ~
NO TE,
COVENANTS AND RESTRICTIONS ~ .. ~ '~
APPLY TO THIS PROPERTY %-_.. ~'~.~.~
PLAN OF PROPERTY
TO WN OF SOUTHOLD
SUFFOLK COUNTY, N
1000 - 69 - 05- Z 1
[
UTICITIE~
~TIC SYST~
CONSUL
~BLEV~N
ELEVA TIOI~ AND CONTOURS ARE REFERENCED
TO N6VO.
~> = FLOOD LAMPS (SHIELDED DOWNJ
EXISTIN6 PADDOCK FENCES NOT ~O~/H HEREON
--~] = PROPOSED CONTOUR
LOT NUMBERS ARE REFERENCED TO
'SUBDIVISION MAP PURITAN E,4RM$"
FILED IN THE OFFICE OF THE SUFFOLK
COUNTY CLERK ON JULY 19, 199~
AS MAP NO. 9538
'!'
TEST HOLE .
c~cL
PARKING
2 - D~/ELLING
I0 - BARN
12 TOTAL
INCLUDES ONE HC~ STALL
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I
JUL 6 2011
BOARD OF APPEALS
ZONING DIS TRIC T : A ZIe ~,'v o
SCHOOL DISTRICT, 5 (SOUTHOLD) /---- --- . ~ ~c~v/F' ?OOPHOdL)
FIRE DISTRICT, 28 (SOUTHOLD) ~
APPLICANT'
BRIAN S, GLENN
CIO- ~SUFF OL t~ 'ENVIRONMENTAL
P.O. BOX 2003
BRIDGEHAMPTON~ N.Y. 11932
AREA
= 10.004 Acres
(65U T65~50EO. TgT
P.O. BOX 909
1230 T~AVELER STREET
$OUTHOLO, ~ II~n 99-318
~ST ELEVATION
5'-0"
SOUTH EL~ATION ~ ~
6uo"
~ ~ FINAL MAP
REVIEWED BY ZBA
~~ :: L[ ._.,.. ~ SEE DECISION ~
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~ May 05, 2011
. . : : ~ . ~.~. ~ ~ ~ S~LE:
SHEET
NO:
WEST ELATION
ql]l/'[2 Iii i. ii
36'-0" 200'-0"
,
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STALL STALL ~
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q F h x SEE DECISION ~
DATED I~ I I~ /~
/
FLOOR P~N Hay 05, 20~[
SCALE:
¢¢, SHEET NO:
~,X~YPLANNING BOARD MEMBERS
\ ~ ~ KENNETH L. EDWARDS
~ · JAMES H. RICH III
< ~"XI~ONALD J. MLCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
AUG 1 5 2011
8OARD OF APPEALS
To:
From:
Leslie Weisman, ZBA Ch;qrperson
Members of the Zoning Board of Appeals
Brian Cummings, Planner~)
Date: August 15, 2011
Re:
Site Plan for G.W. Meade Horse Farm
1,100'+ West of Lower Road and Ackerly Pond Lane, Southold
SCTM#1000-69-5-7.1
Dear Reviewer:
The Planning Board wishes to assume lead agency status for this action under Article 8
(State Environmental Quality Review Act-SEQRA) of the Environmental Conservation
Law and 6 NYCRR Part 617. The Planning Board will coordinate with your agency
where applicable, during the review process.
This site plan is for the proposed construction of a 5,200 s.f. horae barn connecting to a
14,400 s.f. indoor arena for the keeping/breeding/raising and training of horses and a
riding academy with 10 parking spaces. Also on the property are a 1,140 s.f. single-
family dwelling, a 1,965 s.f. frame barn and a 700 s.f. frame building.
SEQRA Classification:
( ) Type I
( ) Type II
(X) Unlisted
Thank you for your cooperation.
PLANNING BOARD MEMBERS
J~ES H. RICH III
DON~D J. ~LCENS~
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To:
From:
Date:
Re:
Leslie Weisman, ZBA Chairperson
Members of the Zoning Board of Appeals
Martin H. Sidor, Chairman ~
Members of the Planning BoEF~
August 12, 2011
Request for Comments for G.W. Meade Horse Farm
SCTM#1000-69-5-7.1 ZBA#6492
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
RECEIVED
RECEIVED
AUG 1 6 20H
BOARD OF APPEALS
BOARD OF APPEAL~
The Planning Board has reviewed the application referenced above for a riding arena
and horse barn and offers the following comments.
In 1994, this parcel was created by a subdivision approved by the Planning Board. At
that time, as a condition of subdivision approval, a covenant was filed restricting much
of this parcel to an agricultural use. Under this covenant, agricultural buildings are
allowed if deemed necessary by the Planning Board to conduct the agricultural use.
Because horse boarding and training are considered agriculture by the New York State
Agriculture and Markets Law, the Planning Board has determined that the buildings are
necessary.
The Planning Board supports the granting of the area variance. The parcel was used as
a horse farm with a residence when it was created at its current size of ten acres. In
addition, the three uses defined in the Code are all compatible, and two of them are
inter-related. The Special Exception use of Stable/Riding Academy typically includes the
activities described in the Permitted Use of 'keeping, breeding, raising and training of
horses'. The Planning Board has also found that this application is consistent with the
Town's goals of promoting agriculture.
PLANNING BOARD MEMBERS
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH In
DONALD J. WILCENSKI
October 18, 2011
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
M~ILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
Mr. Bruce A. Anderson
Suffolk Environmental Consulting, Inc.
2322 Main Street
P.O. Box 2003
Bridgehampton, NY 11932
Re:
SEQRA: Proposed Site Plan for G.W. Meade Horse Farm
~ated arq375 Ackerly Pond Lane, Southold
SCT1~1#1000-69.-5-7.1 Zoning District: A-C
Dear Mr. Anderson:
The follOwing reSOlution was adopted at a meeting of the Southold Town Planning Board on
October 19, 2011:
The public hearing was held open through the public hearing on November 14, 2011.
WHEREAS, This site plan is for the pftP~ ~0'riS~Cfl~fi~df a 5,200 s.f. horse barn connecting
to a 14,400 s.f. indoor arena for the keeping/breeding/raising and training of horses and a riding
academy with 10 parking spaces. Also on the property are a 1,140 s.f. single-family dwelling, a
1,965 s.f. frame barn and a 700 s.f. frame building; and
WHEREAS, the applicant submitted an application for Site Plan review on July 1,2011; and
WHEREAS, the Planning Board performed a coordinated review of this Unlisted Action
pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act
(SEQRA); be it therefore
RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a determination of
non-significance for the proposed action and grants a Negative Declaration.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Chairman
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAM]IS H. RICH II1
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
State
NEGATIVE DECLARATION
Notice of Determination Non-Significant
October 17, 2011
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
OCT 2 4 2011
BOARD OF APPEALS
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 7 (State Environmental Quality Review Act) of the Environmental Law,
The Southold Town Planning Board, as lead agency, has determined that the proposed
action described below will not have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared,
Name of Action: Proposed Site Plan for the G. W. Meade Farm
SCTM#: SCTM#1000-69-5-7.1
Zone: A-C
Location: 1375 Ackerly Pond Lane, 1,100'± West of Lower Road and Ackerly Pond
Lane, Southold
SEQR Status: Type I (
Unlisted (X)
Conditioned Negative Declaration:
Yes ( )
No (X)
Description of Action: This site plan is for the proposed construction of a 5,200 s.f.
horse barn connecting to a 14,400 s.f. indoor arena for the keeping/breeding/raising
and training of horses and adding academy with 10 parking spaces. Also on the
property are a 1,140 s.f. single-family dwelling, a 1,965 s.f. frame barn and a 700 s.f.
frame building.
Reasons Supporting This Determination:
An Environmental Assessment Form has been submitted and reviewed. The
determination was based upon the following:
~BgE;k~.S G.VV. Meade SEQR Ne.qat ve Dec arat on - Pa.qe Two
pact On Land
Soils on site consist of Haven Loam (HaA) 0-2 percent slopes and Plymouth Loamy
Sand (PIB) 3-8 percent slopes. Haven Loam is representative of outwash plains; well-
drained the hazard of erosion is slight to moderate. Plymouth sandy loam normally
occurs on moraines and outwash plains; the hazard for erosion is slight. Aedal analysis
indicates that the footprint of the barn/arena building would be located on Haven Loam
soils.
The Environmental Assessment Form and test hole indicates that the depth to the
water table is 10.3 feet. The depth to groundwater is sufficient to meet the 3' separation
distance required for sanitary systems per Suffolk County Department of Health
standards. No substantial impact to groundwater is expected to occur if the project is
implemented as planned.
2..= Impact of Water
2.1. Water Supply
The site will be served by an existing on-site well. The parcel is not located within the
Special Groundwater Protection Area.
2.2. Sanitary Disposal
Sanitary disposal will be managed by on-site via underground sewage leaching
systems.
The proposed application would conform with Article VI of the Suffolk County Sanitary
Code and would not be expected to adversely affect groundwater quality provided
properly functioning systems are designed and installed.
2.3. Ground or Surface Water Quality or Quantity
The proposed action proposes the grading of 19,600 square feet and therefore the
application requires a Town of Southold Drainage Control Permit pursuant to §236-10.
Activities requiring drainage control permit.
Note that storm-water is proposed to be contained on-site from the barn/arena through
the installation of 7 dry wells and the RCA drive/parking area through the installation of
2 leaching pools.
The Best Management Practices to deal with storm water are adequate and, therefore,
potential impacts from storm water runoff are expected to be Iow.
2.4. Flooding
OCT 2 4 2011
G.W. Meade SEOR Ne.qative Dec arat on - Parle Three
BOARD OF APPEALS
The proposed improvements are located within FEMA Flood Zone X; areas identified as
areas of moderate or minimal hazard from the principal source of flood in the area,
therefore the potential impacts from threat of flooding of the parcel is Iow.
3. Impact on Air
No substantial adverse change in existing air quality is expected to occur. DUST
4. Impact on Plants and Animals
The parcel is not located within a New York State Department of Environmental
Conservation Cdtical Environmental Area or a New York State Department of State
Significant Fish and Wildlife Habitat Area.
The current use on site is agricultural and the majority of the site is cleared of
vegetation.
A stand of existing trees that occurs in the northeast section of the property will remain.
The New York State Environmental Research Mapper (2009) was referenced to
determine if records of rare or threatened plants or animals have been identified as
occurring on site. No rare or threatened plants or animals have been recorded on site or
within the vicinity of the site.
Figure 1. Environmental Resource Mapper
No si,qnificant removal or destruction of lar.qe quantities of vegetation is expected to
occur. Correspondingly, no substantial interference with the movement of any resident
or migratory fish or wildlife species nor impacts on a significant habitat area is expected
to Occur.
% , _~ G.W. Meade SEQR Negative Declaration - Page Four
Impact on Acmcultural Land Resources
The pamel is currently in agriculture use (horse boarding and livery stable) and the
proposed use is the keeping/breeding/raising and training of horses. Therefore, no
adverse impacts to agricultural land will occur.
The parcel is not included within a New York State Agricultural District.
Impact on Aesthetic Resources
The parcel is located west of Ackedy Pond Road (a public road). The proposed
barn/arena is not directly visible from Ackerly Pond Road, therefore, no substantial
adverse impacts to aesthetic resources are expected to occur.
Impact on Historical and Archeolo~lical Resources
The New York Department of State GIS-Public Access map was referenced for
occurrence of archeo-sensitive areas on site. The area is included and identified as an
archeo-sensitive site. It is recommended that an Archeologist be present on-site to
observe excavation during construction of the Bam and Arena footings. It is unknown if
the proposed action will impair important historical or archaeological resources at this
time.
Impact on Open Space and Recreation
No impacts to public open space or recreational areas will occur as a result of this
action.
Impact on CHtical Areas
The proposed action is not located within a New York Department of Environmental
Conservation Cdtical Environmental Areas.
Impact on Transportation
Potential impacts to traffic (generation and flow) resulting from the proposed use is
expected to be Iow and will pose no substantial impact to Ackerly Pond Road. Access
to the barn/arena will be over a 15' common driveway established during the
Subdivision of Pudtan Farms. The common ddveway serves three improved residential
lots. Note that the common ddveway lacks drainage structures and there is evidence
that the storm water ponds on Ackedy Pond Road. The Puritan Farms subdivision plat
references 2 leaching pools and the intersection of the common driveway and Ackerly
Pond Road, however, Town records show that they were not installed.
G.W. Meade SEQR Negative Declaration - Pa.qe Five
RECEZVED
BOARD
Figure 2. Common driveway relative to mapped catch basins on Ackerly Pond Road.
Impact of Ener.clV
No major change in the use of either the quantity or type of energy is expected to occur.
Noise and Odor Impact
No substantial change in noise or odor is expected to occur. However, minimal odors
from the horee manure are expected to occur. To mitigate these odors the applicant will
remove manure to an off-site location.
Impact on Public Health
No creation of a hazard to human health is expected to occur. The applicant proposes
two sanitary systems: one for the barn restrooms and the other for Horee Stable Septic
System. The number of horees on site is proposed to decrease. Drainage will be
controlled by subsurface storm water controls as described above. Therefore, no
substantial increase in solid waste production, leaching or drainage problems capable
of affecting public health is expected to occur if the proposed action is implemented as
planned.
~,99=,.~,~.S G.W. Meade SEQR Negative Declaration - Page Six
Impact on Growth Character of Community or Neighborhood
The parcel is zoned Agricultural Conservation (A-C), the purpose of the district as
stated by §260-12. Purpose of the Southold Town Code is:
The purpose of the Agricultural-Conservation (A-C) Distdct and the Low-Density
Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control and, to the
extent possible, prevent the unnecessary loss of those currently open lands within the
Town containing large and contiguous areas of prime agricultural soils which are the
basis for a significant portion of the Town's economy and those areas with sensitive
environmental features, including aquifer recharge areas and bluffs. In addition, these
areas provide the open rural environment so highly valued by year-round residents and
those persons who support the Town of Southold's recreation, resort and second-home
economy. The economic, social and aesthetic benefits which can be obtained for all
citizens by limiting loss of such areas are well documented and have inspired a host of
governmental programs designed, with varying degrees of success, to achieve this
result. For its part, the Town is expending large sums of money to protect existing farm
acreage. At the same time, the Town has an obligation to exercise its authority to
reasonably regulate the subdivision and development of this land to further the same
purposes while honoring the legitimate interests of farmers and other farmland owners.
The proposed 5,200 square foot horse bam connecting to a 14,400 square foot indoor
arena for the keeping/breeding/raising and training of horses and a riding academy with
10 parking spaces ara necessary for the preservation of the agricultural use (horse
keeping/breeding/raising and training).
The proposed action is not in a significant material conflict with a community's current
plans or goals as officially approved or adopted.
Based upon such, no significant adverse impacts to the environment are expected to
occur should the project be implemented as planned.
For Further Information:
Contact Person:
Address:
Telephone Number:
Mark Terry, Principal Planner
Planning Board
(631) 765-1938
CC:
Planning Board
Zoning Board of Appeals
Mike Verity, Chief Building Inspector
Brian Cummings, Planner
To:
MEMORANDUM
Martin Sidor, Chair
Town of Southold Planning Board
RECE~¥ED
From: Mark Terry, Principal Planner
LWRP Coordinator
BOARD OF APPEALS
Date: October 13, 2011
Re:
Proposed Site Plan for G. W. Meade
SCTM# 1000-69.-5-7.1
Zoning District A-C
This site plan is for the proposed construction of a 5,200 s.f. horse barn connecting to a 14,400
s.f. indoor arena for the keeping/breeding/raising and training of horses and a riding academy
with 10 parking spaces. Also on the property are a 1,140 s.f. single-family dwelling, a 1,965 s.f.
frame barn and a 700 s.f. frame building.
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment Form
submitted to this department, the proposed action is CONSISTENT with the LWRP,
provided that the below recommendation is considered in the site plan approval.
2.2 Protect and preserve archaeological resources.
Conduct a cultural resource investigation when an action is proposed on an
archaeological site, fossil bed, or in an area identified for potential archaeological
sensitivity on the archaeological resources inventory maps prepared by the New
York State Department of Education.
Conduct a site survey to determine the presence or absence of cultural
resources in the project's potential impact area.
If cultural resources are discovered as a result of the initial survey,
conduct a detailed evaluation of the cultural resource to provide adequate
data to allow a determination of the resource's archaeological
significance.
The area is included and identified as an archeo-sensitive area (NY State Historic Preservation
Office), however, an assessment has not been made. Therefore, it is unknown if the proposed
action will impair impodant archaeological resources at this time.
To further the intent of the above policy it is recommended that an archeologist be on-site durinq
the excavation of the building foundation and footinq,~
Cc: Brian Cummings, Planner
RECEIVED
NOV ~ 201I
BOARD OF AppC~ALS
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
November 2, 2011
Mr. Bruce Anderson
Suffolk Environmental Consulting
P.O. Box 2003
2322 Main Street
Bridgehampton, NY 11932
RECEIVED
NOV ~ 20!~
BOARD OF APPEALS
Re:
Proposed Site Plan for G~W. Meade Horse Farm
SCTM#1000-69.-5-7.1
Dear Mr. Anderson:
I am writing as a follow-up to the Planning Board Work Session held on October 31,2011 where
the status of the above-referenced site plan was discussed and the following requirements were
made. Please revise in accordance with the following comments and re-submit directly to the
Planning Department:
Redesign the existing private driveway entrance and curb-cut to accommodate for a new
driveway to be used for farm traffic. This driveway should begin at the existing curb-cut of
the existing dwelling and mn along the property line behind the existing barn, entirely
separate from the existing common driveway.
2. Include appropriate surfacing and drainage requirements to the proposed driveway pursuant
to §236 and § 161 of the Southold Town Code.
3. Determine the location of the mn-in shed proposed to remain.
4. Obtain approval from the Suffolk County Department of Health Services.
5. Add the following notes to the site plan:
a. "No horse shows, rodeos or other large events may be conducted at this site without
an amendment to this site plan approval by the Planning Board."
b. "Perimeter evergreen screening will be installed early in the construction process, as
soon as the next planting season allows (spring of 2012)."
Please, if you have any questions regarding this site plan or its process, do not hesitate to call this
office.
Very truly yours,
Brian A. Cummings
Planner
cc: Zoning Board of Appeals
RECEIVED
BOARD OF APPEALS
Z¢)X,l\¢; B()~RI)(iF 'd"F'F '..I
IOX~,'X ¢)1' ,Mil I ll()l I). \FA~. '~ (iRK
I~hollc (().TI) 7()5- I~1)0 {h3i )
\PI'! I( ", I I()\ I"()R M:'I' ( I \1 I' \{ F t"! I()\
RECEIVED
BOARD OF
BRUCE A. ANDERSON - Suffolk Enviromnental Consulting, Inc.
1375 ",1~ c q Ackerly Pond Lane
537 - 5160
PLEASE REFER to the ATTACHED PROJECT DESCRIPTION.
BRIAN S. GLENN
. G.W. MEADE FARM Property (~ 1375 Ackerly Pond Lane; Southold
007.1 ,,md <}),~.~i,,n dhc~dU~ Ilcd dsc,l
[/I . t 05 I ,r
Matthew O. Ivans
NotaLx F, vbii¢ ¢ New Yor~
No 0T'/6C53&~g
Oualdied in SL ¢o k County
Commissior, Expires Ja~mary 22, 20
T
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N.Y.
Certificate Occupancy
No. Z10282
Date ..... .g.'@ .°9.m.b.@~. ) ................ 19.80
THIS CERTIFIES that the building ................................................
L ..... 1375 Aoke~l~' Pond Lane $out;hold~ ~.Y.
ocatlon oI rroperty ~/bt;s~ ~/d ......... ~ .............................................
Street Hamlet
County Tax Map No. 1000 S~ction ...0.~? ...... Block .... 0.~.' ......... Lot ..... .OQ? .........
Subdivision ............................... Filed Map No ......... Lot No ............
requirements for ~ one family dwelling built pri~r '~o
conforms substantially to the ~.ffl~q~x~tl~l~n.~ ~
Cer~!f~e.te of Oocup~aoy
.... .~.p?.t. ~.. ~.~ ....... , 19 .~?. pursuant to which lh]~4t~l~ No ...... .Z).O.~..6.~ .........
dated .... l~.~.o.~m.l?p£., i ............. 19C~9., was issued, and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is .........
0~%e Family' D~elliag w/la~ge ba~n an~ laege sto~age buildin~
The certificate is issued to Harold Reeae, J~. & an.o
..................... ?o¥,;,;, Ylctatdr ......................
of the aforesaid building.
Suffolk County Department of Health Approval ............. Nf~ ..........................
UNDERWRITERS CERTIFICATE NO. N/R
Building Inspector
FORM NO. 4
TOWN OF SOUTHOLD
BUII~DING DEP~RTME~IT
Office of the Building Inspector
Town Hall
Southold~ N.Y~
CERTIFICATE OF OCCUPANCY
No: Z-28485
Date: 06/05/02
· 7{IS C~TIFIES that the ~ilding ALTERATION
I~3cation of Pro~rty: 1375 ACKERLY PD LA SOUTH/PEC
(HOUSE NO.) (STREET) (PL~MLET)
CotL~ty Ta.x l~p No. 473889 Section 69 Bl~k 5 I~)t 7.1
Subdivision Filed Map Ne. Lot NO.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated PUnY 3, 2002 ptkrsua3~t to which
Buildin~ Petit No. 28357-Z dated MAY 3, 2002
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The Occupancy for which this certificate is issued
is D~LTERATIONS TO ~Jg EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR.
· 7~e certificate is issued to WILLIAM J BERGRATH
(OWNER)
of the aforesaid building.
S~FOLK C~ DEPA~77~ OF ~T~{ APPROV~_L
RLRCTRICAL MTIFICA~
PLDq~BERS CERTIFICATION DA~ 12/06/01
NIA
52424
BILL BERGRATH
ii/2o/oi
Rev. 1/81
Signature
&0ARD OF APPEALS
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
Is tl~e subject premises lined on the real estate market ~%r sale? Yes X No
Are there any proposals to change or alter land contours? Elevations to be increased in areas
No - X 'Yes, please explain on attached sheet. :urraun~mg t. he?r~al~S~ Barn & Arena
i.) Are there areas that contain sand or wetl~d gra~sgs? No.
2.) Aro those areas shown on thc S~rvey subautted w~th this apph~at~on, N/A
3.) is the property bulk headext between the wetlrmd~ area ~ad the upland building
area? N/A
4.) tf your property containz wetl~mds or pond areas, }'~ave you contacted the Office of
the Town ~a'ustees for it~ determi~t/on of juri~d/ct/o~?N/A Please confam status
of your inquiry or application with the Tmstee~: . N/A.
and if issued, please attach copies of permit with conditions and approved garvey.
is there a depreSsion or ~lopiag clcvati0n near the area of proposed construction at or
below five feet above me~ ,sea level?' No.
Are them any patios, concrete ba~riers, bulkhead~ or fences that exist tlmt are not
shown on the sur~ey that you are ~abmitting? ~N~: ...... Please show area 9f t. he
mot,ares On a diagram ifa~y exi~[. Or state none on the above line.
Do you have any constrUct/on taldng place at this time eoncernh~g your
pmmi~e~?., i?~% ~...If y~, please submit a copy of your building pem~it and survey ~s
approved b7 the l~uildiag Department and please de~c~be:
Plea~ attach all pm-certifimtes of occupancy and ce~ificates of occupancy for the
subject premiss, If any arc lacking, pl~a~¢ apply, to the Building Dcpariment to either
obtai~ them or to obta~ an Amended Notice of Disapproval.
Do yo~ or a~y co-owner al~o own o~2ter land adjoining or close to th~s parcel. No.
If ye~ plea~ label the pmmty of your lands on your sur~ey
· Single-Family Dwelling; Stables/Riding
Academies; Keeping/Breeding/Raising/
Plm~ lin presen~ Use or 0perationt conducted at this parcel Training Horses
........... and the proposed use Salne w/Indoor Arena
. (ex: ~-xi~t~ng ~ngle family, [n-opos~d: ~ame wi~h
pool
Appeodix A
State EnvirOnmental Quality Review
5/25/05 ]]..20,~MFULL ENVIRONMENTAL ASSESSMENT FORM BOARD OF APPEALS
DETERMINATION OF SIGNIFICANCE Type 1 and Unlisted Actions
the Portions of EAF completed fo~ this
p~epered
RECEIVED
JUL $ ~11
PART I~-PROJECT INFORMATION
Prepared by Project Sponsor
BOARD OF APPEALS
G.W. MEADE FARM Property
1575 Ackerly Pond Lane; Town of Southold, New York
BRUCE A. ANDERSON - Suffolk Environmental Consulting, Inc. ,ssi: 5 a ~ I 5160
P.O. Box 2005
Bridgehampton New York 11952
BRIAN S. GLENN ,ss~: ~o~- sss]
· 1 Cutlas Street
Riverhead New York 119Ol
PLEASE REFER to the ATTACHED PROJECT DESCRIPTION.
Please Complete Each Question Indicate N,A, if flor applicable
A, SITE DESCRIPTION
AFFEO ~(I [~,aATE AC RE,Al3 E
3
,I p ~Iorq:r,~n,. ~:_dl -, e ~ -,- ploiec; sKe? _ ....... Haven Loam (55%); Plymouth Loamy Sand (s 1%);
-~verhead S~h-dy Loam (1~%) ............
Project Description
~, p,oi¢,:: ¢,c,~g,: ~:, I:,~ d~',~k.l:,~d 0_?_~. ~s,~.~ ir, itk4I, g-_~._.~cJ~S uI:i~"o:~I"~RD~,. O~ APPEALS
_, ',',:, m ,<,:, RECEIVED
b Amicipa~ed da~,~ o' cor-ir-,~ncep-,e,,~ phase t __ .,o,-, h ......'"¢~' ':i'"¢"d~i~F APPEALS
14 "' ....
17 Wilt d-re projec~ il',',,::,l,,e :lq6 disposat c,~ solid ':,,as:e? I "es :7, No (T~icalconstrucdon debris)
I'~ ¥'e5, indicate ~?pe(s', Gas & Electric for the [~ro~posed Barn & Indoor Arena
25 Approvals ~quired
Type
SAt~e~Pl_a~ ~p4~ro~_aL _
..W_g_st~e~w_at~er A_pp__¥9.¥a_ 1_.
$ubmillel Date
C, ZONING and PLANNING INFORMATION
It '~:~r, ir,dilate decision Iequirc_d
%~ new,'levision o~ e-ms'_er plan D lest, race c~anagement plali I od~el.~ecial Excffg~o~Us%
2 Wh~ is the zoning cla~ificatior¢:s; o¢ :he site ? AC
4 What is the plopcsed zoning o' d',e si:e?___~
................................ N~A ..............................................
Predominantly A[ricu]tural Uses with Residential Uses; AC Zonin~ District
JUL 6 ~011
BOARD OF APPEALS
D Intormatio~al Details
RECEIVED , ,~
JUL ~ ~011
BOARD OF APPEALS
PR OJECT DESCRIPTION
For the
G. W. MEADE FARMProperty
Situate: 1575 Ackerly Pond Lane; Town of Southold, New York
SCTM #: 1000-069-05-00'7.1
Sul~ject property is currently improved with a Single-Family Dwelling (1, 140
square feet + "footprint"), attached Front Porch ($40 square feet +), rear Entry
Landing (60 square feet +) and attached Decking (115 square feet +), as well as a
Frame Barn (1, 965 square feet + "footprint"), a Frame Building (1, $$o square
feet _+ ''footprinF) within the northern half of the property, and a Frame Building
(700 square feet + 'footprin[') within the southern half of the property. The
property is currently served by a private well and subsurface sanitary system, and
includes for two (2) parking spaces (dwelling). (Single-Family Dwelling Use, Stables/Riding
Academy Use & Keeping/Breeding/Raising/Training Horses Use)
Applicant proposes to re-develop subject property into a working HORSE
FARM, which will include for the maintenance of the Single-Family Dwelling
and appurtenances and Frame Barn. The existing northerly Frame Building is to
be removed. The southerly Fra~ne Building is proposed to be removed/relocated.
Additionally, applicant proposes to construct a Horse Barn (5, 200 square feet _+
"~botprint") and Indoor Arena (13, ~00 square feet _+ 'footprint"), both served by
private well and sanitary systems (domestic & horse stables). Ten (lO) additional
parking spaces are proposed. (Single-Family Dwelling Use, Stables/Riding Academy Use &
Keeping/Breeding/Raising/Training Horses Use - with Proposed Indoor Riding Arena).
TOWN OF SOUTHOLD
RECEIVED
JUL 6' 2011
BOAR D OF APPEALS
gFHEN TO USE ~HIS I~'ORJ~t: The form must be compltted by the applican! for an~ special use perm~ site
plan approval~ usc variance, or subdivision approval on properv~ ~eithin an agricultural dlstrict OR ~dtfiin
$0_0 fe~t of...a farm operaf~o'n 'located in age'ietdtural di~trie~ All appliCations requ~4ng, an agricultural data
.~tat*tnent mt~t be referred.to the Suffotk Connt~ Department af Plantdng i.n aecqedance with Sections 239~
m and 259m of the General Municipal Law.
1] Name of Applicant: BRUCE A. ANDERSON (Suffolk Environmental Consulting, Inc.)
3) N~-of~dOwner (ffoth,r th~ app~Caat): BRIAN S. GLENN
5} D~p~on of Propos~ Proj~t: Plea~e refer to the attached Proi~t Description. _.~ ,
6} Location of Property (road and tax map n,amber): Is*s A'ckerly Pond-Lane / SCTM**: tooo-o69-o5-oo7. ~
7) l~-the parcel within an agri~ult~rM di~trici? [DNa {~]Ye~s'If),es, Agxicaltural District Numb~
8) I$ this parcel actively famed? ~N0 LJYe~
9) Name and address of any owner(s) of ]~md within th~ agricakural district containing active farm
operarion(s)'I0catcq 500 feet of the bou~ndary of the proposed project (Information may be available through
tho T~iwn AssesSors Office, Tows Hall lcmaQon (765-1937) or from any public computer al t~e Town Hall
1ocatioaa by viewing the parcel numbers on the Town of $oalho[d Real Property Tax System.
~ame and Address
FRANK LOCCIASANO: g~a{ BurnettStreet: Brooklyn. N3~ 11~£9
DESDAL~ LLC: P.O. Box 151; Peconic. NY 11958
3. WILLIAM SMITH: P.O: Box leaS5 ~Cu.~.c.h~o~u~.~N~ 1~17~ .... ..
4 FLOWER HILL BUILDING CORP.: P.O. Box ~5~; Syosset, NY 11791
5~
(Ploa~se/l~.c blw3c.side of page if more than six property owa0r$ are identified.)
lot numl~ ma~ be obta'.m~, in ad~anco, x~hen requested ~om ei~r the Offi~ of the Planing Bo~d at
~-1938 ~:e 7~gt~rd ~ A,e~ at. 765 18~. -
Si~at~e of Appli~n~ Dale
Not<
I _ The ~ocet Board -MI~ Sol,cat c.~nm~mts'from the o~.~ of ]~.d idmfifi~ a~vc in o~ to c~d~ the eff~ of ~c pr~escd actida
o~ ~ ~ op~[o~ Soiicitafi~ w[ll.b~ ~e by supp~yMg a c~y ofthi~ sml~nt
APPLICAHT]AGENT/REPRF_~ENTATfV'~
TRANSA~u~iONAL DISCLOSURE FORM
APPLICANT/AGENT/REPRESeNTATIVE
TRANSACTIONAL D~$1JI~ FORM
~41ARINA KOKKINO~
public - State o! New ¥or~
No. 01KO6191941
O~l~ In S~Olk ~unly
Comml~n Expir~ August 25~ 2012
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold' s Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of
this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is
necessary to avoid same.
YOUR NAME:
ANDERSON, BRUCEA.
(Last name, first name, middle initial, unless you are applying in the name of
someone else or other entity, such as a company, if so. indicate the other
person's or company's name )
NAME OF APPLICATION: (Check all that apply)
Tax grievance
Variance _
Change of Zone
Approval of plat
Exemplion from plal or official map
Other
(If "Other", name the activity.)
Building
Trustee
Coastal Erosion
Mooring
Planning
Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee
of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business.
including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation
in which the town officer or employee owns more than 5% of the shares.
YES / NO
If you answered "YES", complete the ba ance of h s fo 'm and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself (the applicanffagent/representativc) and the town officer or employee. Either check
the appropriate line A) through D) and/or describe in the space provided.
The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply):
A) the owner of greater than 5% of the shares of the corporate stock of the applicant
(when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-corporate entity (when the
applicant is not a corporation):
C) an officer, director, partner, or employee of the applicant: or
__D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Form TS 1
Submitted
Signature~5../j-~ ~-
Print Name 1.'~. m,.- c ~
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. * Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's website
(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local
libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 069 05 007.1
The Application has been submitted to (check appropriate response):
TownBoard [] Planning Dept. [] Building Dept. [] Board of Trustees []
1. Category of Town of Southold agency action (check appropriate response):
(a)
Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
Please refer to the attached Project Description & Survey for all project specifications.
Location of action:
Site acreage:
1375 Ackerly Pond Lane; Southold~ New York
10.004 acres
Present land use: Single family dwelling w/related appurtenances, barn & 2 frame buildings
Present zoning classification: AC
If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant: BRUCE A. ANDERSON - Suffolk Environmental Consulting, Inc.
(b) Mailing address: P.O. Box 2003; Bridgehampton~ New York 11932
(c) Telephone number: Area Code ( 631 ) 537 - 5160
(d) Application number, if any: N/A
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes [] []
If yes, which state or federal agency'?
DEVELOPED COASTPOLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves
open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse
effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria.
[] Yes [] No [] Not Applicable
The ~rooosed redevelopment of this property into a Horse Farm will certainly enhance the community character in that
numerous Horse Farms exist harmoniously within the Town of Southold without any form of adverse community impact.
Additionally, the proposed Horse Farm will absolutely preserve Open Space and minimize any potential impacts from
development through the limited amount of proposed construction thereon, as well as the establishment of various open
Horse Paddocks appurtenant to the proposed Horse Farm, which will account for over 5 acres of open land.
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section
III - Policies Pages 3 through 6 for evaluation criteria
[] Yes [] No [] Not Applicable
This application is for redevelopment of this property into a Horse Farm within a property not documented to contain
historic and archaeoloqical, and therefore is not applicable to this Policy.
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages $ through 7 for evaluation criteria
[] Yes [] No [] Not Applicable
The ~rooosed redevelopment of this property into a Horse Farm will absolutely enhance visual quality and protect scenic
resources through the limited amount of proposed construction thereon, as well as the establishment of various open
Horse Paddocks appurtenant to the proposed Horse Farm, which will account for over 5 acres of open land, which will be
contiouous to the existing agricultural fields (95 acres +_) contiouous to the southwest, which already offer scenic vistas
from Main Road (Route 25~ to the south.
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III - Policies Pages 8 through 16 for evaluation criteria
[] Yes [] No [] Not Applicable
This application is for redevelopment of this property into a Horse Farm within an area not prone to flooding and/or
erosion, and therefore is not applicable to this Policy.
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
[] Yes [] No [] Not Applicable
The proaosed redevelopment of this property into a Horse Farm will protect water quality/supply in that the project will
include for the installation of wastewater facilities (i.e., sanitary systems/designed to conform with current Health
Department standards, as well as drywells to properly contain and dispose of roof runoff.
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22
through 32 for evaluation criteria
[] Yes [] No [] Not Applicable
This aoolication is for redevelopment of this property into a Horse Farm within an area not designated as crucial habitat
and/or ecosystems, and therefore is not applicable to this Policy.
Attach additiona[ sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria
[] Yes [] No [] Not Applicable
This application is for redevelopment of this property into a Horse Farm, which do not have a history of having any form
of impact to surroundinq air quality, and therefore is not applicable to this Policy.
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
[] Yes [] No [] Not Applicable
This application is for redevelopment of this property into a Horse Farm, which typically do not employ materials that
would result in any form of environmental degradation, and therefore is not applicable to this Policy.
Attach additional sheets if necessary
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III Policies; Pages 38 through 46 for evaluation criteria
[] Yes [] No [] Not Applicable
This application is for redevelopment of this property into a Horse Farm, which does not contain coastal waters, public
lands and/or public resources, and therefore is not applicable to this Policy.
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable
locations. See LWRP Section IIl- Policies; Pages 47 through 56 for evaluation criteria
[] Yes [] No [] Not Applicable
This application is for redevelopment of this property into a Horse Farm, which is not sited on a coastal location (i.e.,
surface waters), and therefore is not applicable to this Policy.
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Town Waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria
[] Yes [] No [] Not Applicable
This aoDlication is for redevelopment of this property into a Horse Farmr which is not sited in an area containinq living
marine resources, and therefore is not applicable to this Policy,
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages
62 through 65 for evaluation criteria.
[] Yes [] No [] Not Applicable
The I~rol~osed redevelopment of this property into a Horse Farm will protect aqricultural lands in that it will be in keeping
with the Permitted uses within Agricultural Districts, as per § 280-13 (A) of the Southold Town Code. Consequently, this
~roiect will comply with this Policy.
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
[] Yes [] No [] Not Applicable
This application is for redevelopment of this property into a Horse Farm, which does not include for the use and
development of energy/mineral resources, and therefore is not applicable to this Policy.
Attach additional sheets if necessary
SUBDIVISION MAP
PURITAN FARMS
AT SOUTHOI. D
TOWN OF SOUTHOI. D ~
SCOPEOF W()~ ~ PROPOSED CONST'RUCIION
PLEASE REFER to the ATTACHED
PROJECT DESCRIPTION.
3
this P~ R~ui~e any t.a~0
~,tA t E O{- NE~X '~ORk SUFFOLK
BRUCE A. ANDERSON ~ SUFFOLK
ENVIRONMENTAL CONSULTING NC
AGENT
OWNER'S ENDORSEMENT
(TO BE SIGNED IF APPLICANT IS NOT OWNER)
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
WH,I,1AM BERGRATH
being duly sworn, deposes and says; I reside at:
1375 Ackerl¥ Pond Lane; Southold
In the County of Suffolk and the state of New York , and I am
the (owner in fee) (officer/agent of the Corporation which is owner in fee) of the
premises described in the foregoing application and that I have authorized.
BRIAN S. GLENN
to make the foregoing application as described herein.
Signatv~re
If Corporation, name of corporation and Officer
Before me, this ~q day of
'-Tx~,3.:~,_z~ ,2011
Officer's Title
ry Public
MARINA KOKKINO~
Notar~ Public - State of New Yort~
No. 01KO6191941
(Ml~llfle~ In Suffolk County
OWNER'S ENDORSEMENT
(TO BE SIGNED IF APPLICANT IS NOT OWNER)
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
BRIAN S. GLENN
being duly sworn, deposes and says; I reside at:
41 Cutlas Street; Riverhead
In the County of Suffolk and the state of New York , and I am
the (owner in fee) (officer/agent of the Corporation which is owner in fee) of the
premises described in the foregoing application and that I have authorized.
SUFFOLK ENVIRONMENTAL CONSULTING, INC.
to make the foregoing application as described herein.
BOARD OF/ ppEAL$
If Corporation, name of corporation and Officer
Before me, this ~d~ day of
~ ,.~--~.~ ,2011
Notary Public
Officer's Title
MARINA KOKKINOS
Notary Public - State of New Yor~
No. 01KO6191941
{~l,.~llfl~m:t In Suffolk County
,~ ~mm~n ~ph'~ A~tgust 25,
TURR~N.q
V,.lllc.tion
Re¢ordhql I FIII,~ .qiiliipa
BO/
C'OIIIIIIUIII|~ Prenurvlt<mun Fund
.EcETVED
~.D OF APPEALS
Y, allIrnctluns/I)]lGhariel/RoloanQn LIIII Property OWl(Otx MnlhtIK
RKC()IIb & flWI'II~N TOt
IN¢ORPORATID
Sul'tblk Count
PRE,~
F~
'l'|llo COil , Inl'uriiltltloll
Recordin & Endorsement
IIL)XI~8 5 '11 {RLI 9 MLI,S'I BI,: TYI)I.:D OR I)RIN'IT~U IN BU'~CK INK ONI,Y I)I((OR 10 I,IEC'( )l(l)lNd OR FII.INU,
·" (OV~R)
~rga~n & Sale Dead with Dovanam
THIS INDENTURE, made the 21" day of October, nineteen hundred end ninety,nine.
BETWEEN
ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION
2000 Marcuo Avenue
Lake Succemll, New York 11042
3arty of the first pert, and
WILLIAM J. SERGRATH
SBa Woodbury Road
Cold Spring Harbor, New York 11724
~3arty of the le¢ond part,
WITNESSETH, that tho party of the tirol part, in conmlderatlon al Tan Dollars end other
valuable consideration paid by the party cf the ascend pert. doom hereby grant and
roloala unto the party of tho lecond port, tho helrl or muCCallOrl and alllgnl of the
)arty of tho ascend part forever,
SEE SCHEDULE 'A" ANNEXED HERETO
TOGETHER with all right, title end lnteramt, II any, of the party of the first part In end
to any ettaeta and reade abutting tho abow~ demcrlbed premlmem to the center tines
thereof; TOI3ETHER with tho appurtenancem and all tho aerate and rights of the party
of the firlt part in and to maid premilll; TO ],lAVE AND TO HOLD the promilal herein
granted unto the party of tho mecond part, the hair= or auccaelort and atttgnt of
pa~V of the second pa~ forever,
AND the party of the fl~t ~art covenant~ that the party el the hftt part ha~ not
or =uttered anything whereby the =aid preml=e~ ~ave been encumbered In any way
wllatlOOVl~, except al
AND the ~arty of the fl~t part In compliance wt~h Section 13 of the Lien Law,
covenants that the ~artV of the fl~ part will ~ec~lve the conlldera[ion fo~ thll
conveyance and will hold the dghl to ~ecelve ~u~h consideration a~ a trust fund ~o be
applied first for the purpose of ~,(In~ tho ~o~t ef the improvement ~d w~lt ap~tV
some first to the payment of the coat of the improvement before uting any pa~ of the
total of the .ama for any other purpose. Tho word "party" thall be ;onatrued at
Thim conveyance la made in tho regular aouraa of bullnaam actually conducted by tho
party of flrlt part,
Being and intended to be the cema premleea known ae 1376 Ackerly Pond Lane,
Southolcl. New York al conveyed to tho party at the first part by deed dated August
13, 1998 end ~ recorded in ~hu Office of the Clerk of Suffolk Countye,,~
IN WITHIES WHI~IO~, ~hs pa~V of the t~t part hat duly exe¢uted thi~ deed the day
and v~ar first above written,
IN PRESENCE
ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION
JAC~ES F, 81~I.J'CHAMP.
ASSISTANT VICE PREBDIENT
United General Title Incur&no& Company
~ ~hec ce=cain plo=, pllce o= pezct~l o~ lind, with ch&
b~)lng in chi Town~o~ eau=hold, ¢ounc~' o~ ~u~oik, Scene o~ New
YDZk, being kno~m 4nd delignacld il Lo~
o~eice aC the Clerk o~ =he C~3uncy
Map
B~:OZN~ZNG ac a pain= on chi ~ouChwllce=ly line o~ ~ckezly Pond
p=emile! ~ece~n conveyed and chi
pzem~lel no~ o~ ~ozmezly o~ ~o~n
dlltancso2z ~eec mo~e az lei. weltlzly
cie line con. aching ~he io~e~l¥ ll~e o~. Acklzl7 ?and ~ana
wic~ c~e ~el~e~ly Bide o~ LO~lZ
rzam laid poln: at beginning =unni~g
$~enkolki &n~ ~long ~and no~ az ~o~matly o~ ~lo:lnca ~. Tozzy,
=aec=ice ~n~.u~tlnc and land n~ az ~o::ml=ly o~ Hilton ¢, ¢ill,
~O T}I~C~ NOZ~h 53 deg:ee~,
~¢$,95 ~eeC co c~e eoucbe:ly ~ide
~UNHIHO TH~HCE Souch 48 degzeee,
24~,S~ ~eec ~o i pain= ac place aC
· ,t 000PG0
STATE OF NEW YORK )
COUNTY OF NASSAU )
On the,~/,~* day of Ootaber, 1gaB, before ma, tho underllgned,
appeared JACQUE~ F, ~;AUOHAMP personally known to me or proved to ma on
~he basil of litlif~otory Ivldenoe to bs th~ Indlvldullll) wholl namels) I~ {are)
~ubs~lbld to the wlthlh inltrument and aoknowledgld to ma that he {~hs) {they)
exeouted tho s~ml In hl~ Iher) Ithel~) oa~clty{le~), and that ~y his (her) (their}
~tgnitureis} on the ~n~trument, the In~lvlduel(~), or the plrlon upon behalf of whloh
BAROAIN AND SALE DEED
With Covenant Age/nat i3rantot'a Aota
.,T.I,t,l,a No. 33.01831
ASTORIA FEDERAL SAVINOS & LOAN ASSOCIATION
TO
WILLIAM J. SEROFATH
OI~,;TRICT: 1000
SECTION: 69,00
BLOCK: 8
LOTIS): 007,001
COUNTY OF SUFFOLK
TOWN OF SOUTHOLO
$7REETADDRE$$:
1375 ACKERLY POND LANE
SOUTNOLO, NEW YORK
MAll
INCORPOPATID
01/31/2011
t0:4~
63147701300
WILLIA~ H PRICE JR{J
JUL 6 2011
BOARD OF APPEALS
So.hold, New Yo~ 11971
T~x Map De~i~n~ioma
$o~J.o'~ 69.00
Lot: 007.00I
JAil L20H 2:11F
"0.51] P. 3
c~,am
~0. 513 ~ 5
Dou~he~y & Sa~neider
Baldwin, New Yo=k ~15~0
0g/24/2011
11:82 ~3i4770130
RID~. TO COlq'll~C~ o1~ ~ D~: ~, 201
~ ~ TI~ ~'
DX~ ~ ~ ~ t~ ~ ~R FOR ~ ~T
~ ~L~ ~N 0~~ COLd. YON. ~I~ ~H 8~L S~,
~ O~ ITS ~
~' '-- -- --' 0"~ ~ 2-26485 DA~
O~I~ BOA~ DECISION$ ~ p~ING~ ~ EXTENSION
MONKS ~OM T~E ~NT~CT DATE
~IT~ET~a~ PA~ ~vING ,THE
S~
513 P. ~
D~C~OSU~B Ol: ~0kMATION ON
LF. AD-BAS~D ~A~T AND~ LEAD-BAS]~D ~A~T
LAW
JAN, ~,~,0~1 2:14P~
~ES: 1375 ~lyP~e
Sou~ol~ N~ Yo~ 11~71
(5.) ~ar
~e ~gu~
~spa~nt
Y~ I Five (5%)
~d all other ~ec~!=y inet~n=~ ~d s~ll ~so be
T~ b~mower ~11 ~rchase a
the bo~er shall authorize ~he l~r
amai~t ~d lea~es. ~ fee for ~aid
JAN. 7.2011 11:56AM N0,538
United General Title Insurance Company
(Description)
TITL~ #: 33-01831
All that certain plot, piece oT parcel oi la~d, wi=h ~he
buildings a~d improv~ents thermom erected, si:uate, iyi~9 and
being in the To~ of SoU=hold, CoWry of Suffolk, State of New
York, being ~ ~d desi~ated as ~t I as ah~ on a Certain
~D entitled "Map of ~ft~ Fa~ at Sou~old. filed in =he
Office of the Clerk of the C~ty of Suffolk 0n 7/19/94 ~s
Map ~9538,
~E~INNING at a point on t3ae Southwesterly line of Ackerly Pond
Lane (formerly BOwery Lane) at the Northeasterly corner of the
pre~ises herein ~Veyed and =he Northwes:e~ly corne= of
Pl~emi~es D~w or ~oz~rly of Joh~ ~we~gkosk~, said point bein~
distamt 990 feet mOre ox less wes=e~ly from =he westerly end of
s tie line co~necting the Southerly side of Ackerly Pond La~e
with the westerly side of Lowe~ Road;
From said 90iht of besin~ing run~in~ along said Ia~d of
Swenkosk~ an~ along land now or formerly of Florence H. Terry~
S~uth 21 degree~, 11 m/nu~es, 00 seconds West 884.~1
77~49 ~eet;
RUNNIN~ TH~NC~ North 36 de,Frees, 03 ~inutes, 40 seconds
[45.9S feet ~o the southerly side of Ackerly Pond
~4~.~1 feet to a poin= or place of B~INNIN~.
Iu
?
./
DIAGRAM "A"
114';'dY 56
RECEIVED '"-
jUL 6 ?_011
BOARD OF APPEALS
referred to II the Declarant.
~'~AS, Chi Declarant il the o~ner of certain real property
IiCUatl at SouChold, Town of SouChold, County of Suffolk and State
of Nt~ York, ~ore particularly bounded end deICribed al let forth
in Sohidule "A" annaxid hereto, end
IV{libRAS, the Declarant ha{ made application to the Planning
Board o! the Town of Southold for approval to subdivide the said
real property into four (4) parcels, bounded and described as set
0070o0 forth in Schedule "B" annexed hereto,
and
~l,,tlA~, ~or and in conaideratio~ of ~ho granting of IIld
$I,provIl, Chi Plinning lo&rd of ~hi ~of Southold hii dII~ ~C
to bt in Chi beI~ ln~IrlIti of Chi ?own of ~o¼t~old Ind Chi o~ir
I~ ~I~I~vt o~iri ~ ii~d ~i~i~i ~i~ ~i N~ covI~l~i
~S, the ~clarant has considered the foregoing and
determined that ~he am will ~ ~or the ~at ~n~eres~ o~ ~he
~olaran~ and a~ae~en~ o~ere o~ said parcels.
That the Declarant, for the p~pOlel of OarL~fing out the
Intentions above exprelied, deal hereby miMe kn.9~n, e~mic, publilh,
oove,.~nt ~nd agree that She llid pre,iisi herein deloribed Ihall
11474P{T,66
with the lend and Ihall be binding upon all purchalerl and holderl
of laid premlaea, their heire, executore, legal repreeen~atlvea,
diaCributeea, eucceaaora and aae~gna, ~o wit,
1. That ~here ehall be no further
"Conaervatlon laeement" ia de·ignited aa ·ugh to provide · buffer
area between the propo·ed aubdiv£alon and the exilting lot. That
thl· area ·hall remain in itl ~a2dral
thia natural vegetation ·hall be the only uae or activity allowed.
3. That the uae and development of the porticn of ~ot ~ that
ia daaignated "~gricultural Re·erYc galement
reetricte~l to home or ·11 of the
a) Farming opor·tioma and activitiee {~ncluding aoil
preparation, cultivation, fertiliaaticn, irrigation, peat control,
and draA~age control) and anM other normal and cua~omar¥ farming
operationa~ and the
connection ~herewith,
enhance aqricul~u~al
u·e of larm vehicle· and e~uipment in
all aa demigned and lntende~ to promote and
production encompa·ainq the production for
co~ercial purpose· of field cropo (including withou~ limitation,
corn, ~haat, oats, rye, barley, hay, pot·toe· and dry beanal~
fruit· ~lnoludin~ ~ithout limi~ation, apples, pa·thee, qrapee,
oherrie· and berrie·)~ vegetable· (Including ~l~hou~ limitation,
tomatoes, an&p beane, cabbage, carrots, beet·, cauliflower,
broccoli and oniona)~ horticul~ural apecialtiaa linoluding without
· hall run
11474 56
and all other farm
Ol~ecatione encomp&Hing livemtook and livestock
products (including nettle, sheep, goats, horses andpoultry) which
are found acceptable and reasonably neOellary by the Planning Board
end which are lubJect to approval by the Planning Bo&rd~
d) Landscaped, wooded areas with lanes, walkwaye, foot
pethm, pondm or brookm IM rmoraet£on&l i£ell for compatible
recreational uses, which are ~ound aooeptqhle and reasonably
necessary by tho Planning Board and which mr. subject to approva~
by the ~lanning BOaFd,
4. That the ~o~ing oha~ adheFed to on tho
Reserve ~a~nt k~em ~o~ tho put.me o~ ~lnt~knkng m&~
~n ~tm current oond~t~nn ~or contLnu~ agr~cu~tura~ Pr~Uction and
to prevent the ~egrada~on o~ lone of the aesthetic o~n space and
agr~cu~tv~a~ value o~ maid pzem~me8:
a) If at any t~M the ~.rmhip of the ar.a mha~
present at the tim of au~lvimion approval, (horse facm) o~ any
aooordln~o with th~a ~c~arlt~on o~ Covenants ~nd ReetricC~ono,
a coflnorvat~on plan e~all ~ develo~d by the SO~ Conservation
then o~ply in ell respects to thlm report,
o~plian~e with ell v{xiatea of the repozt.
shall have the right to require ulxiated
neoeemery.
and shall remain in
Tee Planning Board
reports when deemed
1147aY 568
b) Ho rsgrading shell be oonduoted thsrsonl
spoil shall be pissed thorsen.
~lnd ~l m~nM~l~ lsd ~1 ~n Iooordin~/ with ~hl I~dl of ~1
to ~cur thereon wh~ch wou~d zei~lt
premises,
o) Ho streets, roadwiyl or other Flghtl of wl~ tar non-
farming vehicula~ uae Ihall ~ CCnltCUctid ct gxant~ thereon.
removed therefrom.
killed destroyed, cut or
g} Ho du~p£ng, placement, storage or burning of any
liquid or lOlld waste, garbage, aShll, lawduit, tralh, rubbllh,
offensive material shall be permitted on or within the laid
of al~ iIgna, b~ll boardl or other fermi of viiual advartXiimint
or display.
not be placed or created within or upon the ma~d premises without
Pleasing Board approval, S~ructureo (~nelud~ng, bu~ no~ l~l~od
1147Vf, 9
to fences) or hui{dingl which are deemed realOnabl¥ necesi&ry
accessory buildings or structures ~or tho utlllia~lon of the laid
promises ~or bonsfide agri~ulCu~sl p~cducCion may be
5. ~at ~he ~o~rant reserve ~he righ~ ~o ~he exclusive uno
a~ ~oaoaaion o~ the area ~ aa ~he Agr~u~t~a~
hfeMnC Aree., co the ex~enC not ~ncons~atent w~th ~e covenants
and rea~-~ct~one here~n~ve ee~ ~octh~ and ~cla~ant may exclude
~he qemm.al p~lic or an~ deeiqna~aon o~ ~reona f~ ~he uae
o~ or en~M u~n ~he aaAd ~q~icul~u~al Reserve gaae~n~,
~haC ~he ~n ehall have the oon~nu~nq ~lgh~ ~o ine~c~ ~he 8a~d
ar,~a ~o ~he ex~en~ reaeonably re.ired ~o monZ~o~ com~lAance with
~he covenants, ~efm~ and p~cvieiona have no~ ~en viola~ed, such
image,ion to ~ a~ reasonable ~a,
6, ~a~ ~heae covenants and restrictions can~itied only
of · majority of the Planning Boa~d of ~hl To~ el Sou~hold, or icl
7. ~a~ ~n addition ~o tho r~gh~s of o~her part,os ~o
~ard shall also have ~he authority, ~h=ough appropriate ~ega~
aa~ofl a~ a~Cer due no~lco to Oho ~olar~, their
11474P ?0
IIl~g~l~ ~0 In~OrOI ~hl Oond~Lo~l &nd rllt~otionl o~ ~111
~OVl~l~l,
& minority Of the ~l~Lng ~lrd of ~he ~ o~ Southold.
~ore~ng ~c~ar~lon ~he day and year e~:~ a~ve wrL~en.
STAT~ or N~W ¥ORK~
COUFA~ OF 8UFFOLK~
On ~he ~ day offal-, ~992, before me personally
oame P~LA }~NT ~o me knov~n'~o be ~he individual described in
and vho executed ~he £o~egoing ina~r~u.en~, and a=knovledged ~hl~
11474 57i
buAlding and improvements thereon erected, situate, lying and being
in the ~own o~ Southold, County of ~uffolk, State O~ New Yo~k,
bounded and delcribed al fcllows~
BIOINI~INO at a point on the easterly line of Ackerly Fond Lane
Ifcrmerl¥ bowery Lane) at the Southeasterly corner of the premises
herein conveyed and the Northeasterly corner of premises nov or
formerly of ~ohn Swenkoskl~
NU~NIMQ from said point of beginninq along said land of
Swenkoski and along land now or fomerly of Florence M. Terry,
South 21 degrees 11 minutes 00 seconds West 1,022.53 feet to a
concrete monument and land nov or formerly of Milton C. Cases
R~IqlNO thence along land last mentioned North 44 dsgrees 22
minutes 40 seconds West, 1,074.94 feet to land nov or formerly of
T~CS along land last mentioned, North 13 degrees 34 minutes
l0 seconds last ~25.07 feet to land nov or formerly of Benjamin C.
T~Z~CE along land last mentioned, two courses and d£atanoea
aa follovs~
feets
2) North 3~ de~reas ~ minutes 20 seconds East
feat to land nov or formerly of Cronk~
THINCS along lan~ mentioned and along land nov or ~ormerly of
Westphalia Corporation, two curiae end distances as ~ollovs~
1) South ~ degreel 2? minutil 00 llcOndl lilt ~09o4~
2) North 36 degreel 03 minutel 40 lecondl lair 36.20
feet co land nov or formerly of Camille Martins
l)
2)
along land last mentioned, two cOurlel and distances
South 53 degrees Sa minutes 50 leconda bast 101.4)
North 36 degreel 03 minutal 40 lecOndl {&it 137.89
feet to the velterly line of kokerly Fond L&ne
(fomerly lovely ~ane);
TIeENCS along said westerly line of Ackerly Fond Lane (fomerl¥
~ove~¥ ~ane) South ¢~ degrees 51 minutes 40 seconds last, 290.69
feet ~c the point or place of
ICTM{ 1000 - 0~.00 - 0~.00 - 007.000
DICLAAAN".', PAAILA ~ Page.! o~ 4
H.D. RIF. aO.t J0-430
(Xoke:~y, Pou~ Line), IiL~ peLn~ being dAe~an~ JO0 fee~
no~a~erly f:om ~he noz~e~12 end of a ~Ae XLne
oo~y o~de of love~ ~ne wASh
bad; Thence fr~ ~8Ad po~a~ o~ he,naming which a~.o ~:k. the
dAvLoLo, ~ne be~v~en L~. n~ o~ fo~:~y se I~nko~
~r~ee, hereAaa~er desQ~ed, oou~ 2~ 4o~aee X~ ~Au~eo O0
T~eaae no:~ ~3 degrees ~0 ~Eu~eo eae~, ~72,4l fee~; ~heaae
· au~he:ly sade o~ leve~ ~e; ~hen~e a~oaf t~e .o~erl~ o~e of
a~e~ ~, SO~m 4U aegweea mX ~aG~ee 4Q oeaonde eas~, 24s,sx
feea to mae po~ ew ph~e el
A~& ~b~ Oer~aAa ~le~, ~Aeee or parcel o! l&~d; sA~ete; iyiu{
(Aoherl7 Pond Line); ilAd poAn~ beAng diitan~ X23S,B~ fee~
X~dl ~e~e fru 'siAd poA~ of beg~g, .o~ 3E degxoe, 3
~a~e. w.~, ~73.40 fee~ ~o & ~n~ ~d X~. n~ or fo~r~y of
degrees 2S ~nute. I0 f,e~. earl, 414.1i fee~ ~he~e no~h 13
degrees XO ~nu~e. ea.~, 4G7.30 fee~; ~hea~e north 3l d~xoto {
~ ~n4; ~enae ~g the um~o~erXy side of ~ ~e,
l~age 3 o! 4
Z,Q'Z 3
hang a~ go~hold, T~ of fe~eld, Co~n~M ef fuffolk
O~e of B~ Tor~ ~lng ~ed and de~i~ aa
~GX~ a~ a po~a~ on the eo~h~oterly tide o~ ~e~
ll~d ~QAG~ hA~{. ~e~a~ ~2S0.S~ fe,~ noz~hvem~tz~y fr~ ~he
~{~orly 'sAde oZ Lo~: Road; Thence eoG~h 36 deg:eet 3 ~au~es 40
o~oad, ves~; 144;37 fee~ ~enoe eo~h S2 deg~eee X0
eeooade eas~, 230,00 ~ee~ ~o a ~An~l The~e fo~h S0 degreeo
~n~ee BO o~om~s eao~, 4~3.~S fee~ Thefl~e uo~h ~2 degree.
~u~es eao~, 2S4.ZS ~ee~; Thence no:~ 3i degrees 3 ~nG~e,
IKO~O oio~, 140.SJ fee~ ~o ~he soG~h~s~erlM side of
dflreea B~ ~a~es 4Q a~e~a ~s~, ~S.Ol fee~ ee bhe
LO~4
A~L ~ha~ eer~&An plo~, pieQe
or puoei o! lsnd, situate, 17lng
and being n~ IoG~hcld, ~o~ of loP,hold, County of luffolk
~ L~e vl~b ~be ~.~ly side of ~:
o~d ~in~ of begl~g, .ou~h 36 deg,e. 3 ~e. 40
~o~, 140.SI fecal ~benee Iou~h S2 degrees 10 ~nu~e. ves~,
degrees &O ~nutas 30 .e~o~. ea.~, 13~.33 fee~; ~heaee noc~ 36
depee. 3S ~n~e. 30 .e~oad. ea.~, IS.S3 ~ee~
f~ of W~Agh~; 30t.43 fee~; Theuee aXong
d~,o Bi ~nu~eo l0 .~ond, ea.~, 101.43
pl~e of
CirtiDcale #
Sub Total ~'~.~,
Sub Toter
GRAND TOTAL.
I~al Prop~r{y T&,~ RrYlce A~ency Vuriflcallou
l~urdIna I I~lilr, I StemllX
Sub Tutal
Spec,lA,Id.
TOT, MTG. TAX
DuaITuwn , DaM(:~nly~
Ileld for ApporU~ltment
Y~ ur
pI~ { uf IhII Inmt~mmflt.
Title C~rdp~y InferrnM$om
gEE PAID BYt
Cub ,, Choek z.~_ Charl~o
Payer
Title Number
RKCORD & R~TUKN TO
Suffolk County Recording & Endorsement Page
This page forms part of the attached ~.--m~,~", ,~,e~-~,~? made by:
(Deed, Mortgage, etc.)
The premiIfl herein Ii situated In
SUFFOLK COUNTY. NEW YORK.
In the TOWN or
la the VILLAGE
or UAML~T of
1994 by and ~e~ween ~WII~ ~, reeLding a~ 13~5 ~ckerl¥ ~on~
Lane, Sou~hold, New York 11971 (hereinaf~er re~erred ~o aa
of ~he ~lrs~ par~), and P&MI~ ~IP~ ~=/O~ ~ C~ ~/O~
o~ of ~he cler~ o~ ~he Co~ o~ Su~ol~ om ~u17 lg, 1994
(hlrei~a~lr re~erred ~o as par~y o~ ~he second
~, ~he par~y og ~ho ~ir8~ par~ ia ~he owner o~ real
prope~y ~n~ended ~o be al~ lands con~ained In ~he Subdivision
~no~m aa "Puri~an ~arms" situate on ~he ~ou~he~ly side og ~o~ery
~ane, (a/~/a Acke~ly Pond Lathe) To~n og Sou~hold, ~ew York
described on Schedule "A" herein.
~, ~he par~y o~ ~he sa=ond par~, currently ~1~
bu~ ~n~ended ~o include her successors and/or assigns, is ~he
o~ reel proper~y collec~ively described In ~chedule "A" and
on ~ha southerly aide og Bowery Lane, (a/A/a Ackerly Pond Lane)
To~n of $ou~hold~ Ne~ Work~ and
~.~ %he par~7 of ~he ~ira~ par~ has ina~alled a common
driveway over a fifteen (15) ~oo~ riqh~-of-wa7 (~he "Easemen~ A~ea
or Co~on O~veway" (See Schedule "8")) located ad~acen~ ~o ~he
~or the no~-exo~ue£ve right c~ £ngreme an~ egramc and other lmga~
purpoeme over the common driveway located ~ithin the ~lfteen
foot wide right-of-way ~ounded and deecribed aa aec forth on
Schedule "Fi' herein;
MCI, ~1,o~1, in coneideration of the mum of Ten and
($10.00) Dollare and other valuable ccnmider~tion, the receipt and
aufftcilncy of w~ich La acknowledged, the per,imm agree am
1. The party of the firmt part grantea permanent eaeement
over the Easement Area, demcr£~ed at Schedule "S" herein, am
appurtenant to and ~cr the benefit o~ all landm contained in the
Su~Lvieton known aa "Puritan Parma" aLtuate on the eoutherl~ ml~e
of Bowery Eerie, (a/k/a Ac~erly Pond ~ane) Town of Southold~ the
ownere, their ~eire, auccemlcrm and amalgam for ~he non-exclul£ve
r£ght CC ~ngreea and egreem and ~or other legal purpolel.
3. The part7 of the firlt part grantea permanent eaeement
over the Easement Area, ~eacr£bed at Schedule "~" herein, ae
appurtenant to and tot the benefit o~ Parcelm contained in Schedule
"A" herein, the o~nerm, their heire, eucceeeorm and aae£gne for
ncn-exclueive right of inltallation, repair and maintenance
~n~ergroun~ utilit£me for electrical, telephone, ca~leviiion, water
and gal. However, t~e par~y of t~e ~Lret pact ~a~ no
repreeentatAon or warrant7 a~ to the ownerah£p or condit£on o! any
much utilities,
3, Thl easamen~m c~ma~ad herein eha~l run ~h ~he land~
ho~evar~ ~ha pa~lae o~ ~ha second pmr~ can no~ ~ane~ar~ crea~e
o~ ~onve¥ any aasemen~ ~i~h~s ~o a ~hird par~¥ ~ho~ a ~anm~
of the entire parcel described in Schedule "A".
4. AnM holder o~ the eamement shall be remponeible ~or an2
damage, destruc~icn or impediment to the paeea~s c~ said ri~ht-
o~-wa¥ caummd bM any equipment, machinery or matmrialm utilized
durin~ the construction o~ any improvements upon the parcel owned
My ~e party oF ~he second part.
5. I: ia further agreed :hat no holder of :ha eamemmn: mhall
ma~e any party reaponm£ble :cr the m~lntenance o~ maid easement and
any much main:enance will bm upon the aqreement o~ all said owners.
X? XI WO~Z~LL¥ ~OV~IZ~IIT~D XgD ~R~ID by and ~etwemn th,
par~£em that this A~reemen~ shall run with the land and be b£ndinc
upon and Inure to the benefit o~ the£r respective heirs, executore~
adminimtratorm, euccemmcra and ~mai~nm o~ each o~ the par~iee
hereto.
X# EX~MIII ellBl~aO~; ~he parties hereto have executed th£1
A~reement on the day and year First o~F~ve writtep!
~E~ HUNT
e
STATE OF NEW YORK)
) II.:
COUNTY OF
on Che.~-~ day o~ ~, ~994, ~e~o~l me pe~ona~ly
came ~ ~ Co ~i known, and known co me ~o ~l ~he individual
delc=ibed i~, and who executed the foregoing i~ltcumlnt and
acknowledged ~o me that she IxecuCid the lama.
NOTARY PUBLIC
M~IC~ L,
I ~
bounded and des~ribed as follows~
conveyed and the Northeasterly corner of ~remises now om
Swen~oeki And &lon~ land now o: formerly o~ Florence ~. Terry,
minutes 40 seconds West, 1,074.94 feet to land now o~ formerly of
John Diller Est&~e~
l0 seconds EAJ= 625.07 feec CO l~nd now or ~ormerl~ of Ben~amin C,
~ollows:
2)
along land last mentioned, cwo courses and dirt&noes
Sou=h 45 degrees 40 minu=es 30 seconds
North 36 degrees 35 minutes 20 aeconde
~ee= to land now o~ fo=marly off Cronk~
East 127.32
Ease 95.53
THENCE A1On~ lane men:lone~ and along land now or ~ocmerly off
Wes~phal£& Corporation, two curses and distance~ as ~ollows~
11 South 46 degrees 27 mine=es 00 seconds Emac 309.43
~eet~
2) Ho~th ~6 degrees 03 minutes 40 seconds East 36,20
THENCE Along land last mentioned,
aa follows:
Bowery Lane);
along said westerly line o~ Ackarly Pond Lane (~ormerl¥
$CTM~ lO00 - 06~,00 - 0~,00 - 007.000
plot, piece or parcel of land, ly situate
and baini at $outhold, ?own of Southold, County of Suffolk
end State o! New York oleo known al part of Lots 2 and 3 e~
shOVe on a certain map entitled Subdivision Map Puritan Ferns
filed in the office of the Suffolk County Clerk July 19, 19g&
aa Map Number 9535{
B~OINNINO at a point lormad by thm westerly line o! Lot 3 el
shove on aforementioned iil.d Map with the southwesterly line
si Bowery Lane, also known as Ackerly ~ond Lane;
RUNNZNO ?HENC~ Item laid po£nt and 91ace o~ be{innins
Bowery Lane also known as Ackeriy Pond Lane South ~8 dlirees
S1 minUtll &O ilCOnd$ ~alt a di.tance of ~S,O6 lee~ to
point and the westerly ilne of ~ot 2 o~ aforementioned
mep~
T ENC alone th. weu~erly line of Lot 2 of aforementioned
filed map and into Lot 2 South 36 dearies 03 minutes ~0
THENCE South ~2 de{rees 10 minutes OS seconds Vest a diitence
o~ 659.71 feet ~o a poin~
THENC~ North ~0 de{teem 25 minutes 50 eecond~ VeaC a distance
of 7,68 feet to a point and the southeasterly corner of Lo~ 3
o! o~oremontioned flied map;
TH£NCE aloha the southerly line of Loc 3 o~ aforementioned
tiled map North ~0 delre~s 2S minutes 50 ~econds ~eet a
distance of 7,69 feeC to · point;
TRgNCE North 52 de{reea ~0 minutes 00 seconds game a distance
of 160,gl last ~o a point;
THENCE North 36 decrees 03 minutes 40 seconds East a distance
o~ 171.39 feet to the southwesterly line of Bowery Lane
known aa Ackerly Pond Lane and ~he point and place o!
$$OINNINO.
O~?-17-199~
P,02
G. H~( 3~£AD£ ~4R3lProperty
Situate: 1975 Ackerly Pm'~d Lane; Sot~thold, New York
SCTM ~: 1000~ 069 =05-0071
Photograph ir~dicati~g the view of the sotathwesterty section of s~{hiect
property,, Photograph taketl from the ceritval section of the property, faci~lg
son ti~p,,,'est
/3OARD OF APPEALS
G. ~ MEADF FAR~/Property
Situate: 1375 Ackerly Pond Lane; Southold~ New York
SCTM #: ~000 - 069 - 05 - 007~1
Photograph indicating the view of the westerly sectio~a of subject property~
Photograph taken fi'om tl~e centra~ sectio~ of the property, facing west~
Simate~
31EAD£ Property
~ S75 Ackerly Pond Lane; Soathold, New York
SCTM ~: t ooo - o~9 - o5 -- oo7~ ~
Photograph indicating the view of the westelly section of subject property~
Photograph taken ii'om the central section of the pl~operty, facing west,
BOAteD 0 ~ -
~ F App~}.aLS
G. W-. MEADE FAtIMProperty
Situate: 1375 Ackerly Pond Lane; Sonthold, New York
SCTM #: 1000 - 069 - o5 - 0o?~ 1
(~'hoto ta~e?l o~l Jt~e 97, ~ol
Photograph i~dlcatlng the view of the northwesterly section of subject
property, including the ex~sting fi~ame harm Photograph taket~ fi'om the
~mrtheaster~ section of the propert3b facing northwest~
RECEIVED ~)
BOARD OF APPEALS
G. ~ MEADE ~R:¥lProperty
Sitamte: ~ ~75 Acke~'i[y' Pond Lane; Sot~tho~d, Ne~ York
SCTM ~: t000 - od9 - o5 ~ 007.~
Photograph indicating the vie'w of the nol:theasted5 section of subject
p/'opel"r;s inctnding the e×isting f~'ame single=family d~el~ing
takev~ f~:ota ~ke~h Point i.,a~'~e, facing so~tb
BOAkD OF APPEALS
G. ~( 31EADE FAR31Property
Situate: 1575 Ackerly Po~d La,m; So~tho~d, New York
Photograph indicating the view of the nort}masterly section of subject
property, including the existing frame single-Pamily d~elling~ Photograph
taken f~'om Acker¢ Pm~d La~e, Gcing south.
BOARD OF APPBAL8
AiE~<4DE £4R~! Property
Pond Lane; Sou*hdd~ Ne'~ York
~000- 0~9 - 05 - 007~
Photograph indicating the vie~. of the not'tbeastedy section of subject
p:ope~tjfl ~nch~d~ng the existing fi-ame s[ngle-fanfily dwd[k~g and fl:ame
barn Photog,'apb taken f~'om Acked? Pond Lane, fz~dng
RECEXVED. .8
BOARI) OF APPEALS
Situate:
MEADE FARM Property
1375 Ackerly Po~ad Lane; Southold, New York
SCTM#: ~ooo-o69-o5-oo~A
S U BJ ECT
PROPERT5
SOUTHOLDP~PE~RE
TOWN OF CORD CARD
OWNER
STREET
VILLAGE
DISTRICT SUB. LOT
RES. ~.~ 4 C~ SEAS. VL.
IMP.
W
FARM COMM. ! I IND.
TOTAL DATE REMARKS
NEW
Farm
Tillable .2
TilLable 3
Woodland
NOP~MAL
Acre
TYPE OF BUILDING
CB. MISC. Est. Mkt. Value
,Z,; , ,:5 ~ '
BELOW ABOVe/ /~ F~AGEON W~TER
Value Per Acre Value FRONTAGE ON ROAD
Swampland
Brushland~ .. -..- ~
House Plot ,,. ' I ' ~
Total '"
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
July 7, 2011
Zoning Appeal No. 6493
Transmitted herewith is Zoning Appeals No. 6493 of Brian S. Glenn for William Bergrath-
the Application for Special Exception to the Southold Town Zoning Board of Appeals. Also
enclosed is the Applicant's Project Description, Copy of Certificate of Occupancy No Z 10282
for Requirements for One Family Dwelling Dated December 1, 1980, Certificate of Occupancy
No. Z-28485 for Alterations to an Existing Single Family Dwelling Dated June 5, 2002,
Questionnaire, Full Environmental Assessment Form, Agricultural Data Statement,
Transactional Disclosure Form, LWRP Consistency Assessment Form, Erosion, Sedimentation
& Storm-Water Run-off Assessment Form, Cover Letter from Suffolk Environmental Consulting
Inc. Dated June 29, 2011, Owner's Endorsement from William Bergrath to Brian S. Glenn to
Represent him in this Matter, Owner's Endorsement from Brian Glenn to Suffolk Environmental
Consulting, Inc. to Represent him in this Matter, Copy of Certificate of Occupancy No. Z10282
for One Family Dwelling Dated December 1, 1980, Copy of Certificate of Occupancy No. Z-
28485 for Alterations to an Existing Single Family Dwelling Dated June 5, 2002, Four Pages of
Deed Between Astoria Federal Savings and William J. Bergrath Dated October 21, 1999, Four
Pages of Deed Between Astoria Federal Savings and William J. Bergrath Dated October 21,
1999, Six Pages of Contract of Sale Between William Bergrath and Brian S. Glenn Dated
February 10, 2011, Twelve Pages of Declaration by Pamela Hunt Dated May 22, 1992, Four
Pages of Deed Between Pamela Hunt to Pamela Hunt and/or the Current and/or Future Owners
Dated November 22, 1994, Seven Pages of Easement Agreement Between Pamela Hunt and
Pamela Hunt and/or The Current and/or Future Owners of Lots 1-4 Dated November 22, 1994,
Four Pages of Photos of Property (Both Sides), Copy of Map and Aerial Map, Copy Property
Record Card, Copy of Plan of Property Showing Property as it Exist from County Tax Map
Dated July 19, 1994 Prepared by Peconic Surveyors, PC.
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 7/6/11
ZBA # NAME CHECK # AMOUNT TC DATE STAMP
6492 Glenn, Brian (CV) for
Bergrath, William 1002 $500.00
RECEIVED
6493 Glenn, Brian (CV) for
Bergrath, William 1002 $750.00 JUl. 7 2011
$o~lthold Town Clerk
$1250.00
By ,Oz.,, Thank '~ou.
Date: 07/07/11
Town of Southold
P,O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
ReceiptS: 109499
Transaction(s):
1 1
Application Fees
Reference Subtotal
6493 $750.00
Check#: 1002
Total Paid: $750.00
Name:
Glenn, Brian S
108 Krug Place
Mineola, NY 11501
Clerk ID: CAROLH Internal ID: 6493
Suffolk Environmental Consultlno Inc.
Newman V'dlage, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 1 ] 932-2003
(631) 537-5160
Bruce Anderson, M.S., President
Fax: (631) 537-5291
VIA FAX AND REGULAR MAll
reCezv v
oct
October 24, 2011 BOARD OF APPEALS
Southold Town Planning Board and Southold Zoning Board of Appeals
P.O. Box 1179
Sout~ld, NY 11971
Re:
Situate:
sc'r~ #:
G.W. MEAD FARM Property
t375 Ackerly Pond Lane; Town of Southold, New York
1000 - 069 - 05 4)07.1
Dear Members of the Boards,
Consistent with my te .sti.mony b~efore the Zoning Board on September 1~t and the
Planning Board on Octooer 17 , I enclose correspondence from Sarah Lansdale,
Director of Planning, Suffolk County Department of Planning to me dated October
17, 2011 documenting that the parcel referenced above has been accepted into
Certified Agricultural District No. 1, ~e September 26, 2011. I also enclose
a facts shcct relating to Agricultural Districts for your general information,
00.. ;~4 l! OG:4'Tp
COUNTY OF SUFFOLK
®
STEW LEW
SUFFOLK COUNTY EXECUTIVE
Environmeri~ ConSulting, Inc.
Newman Village, Sui~ E
2322 Main Slreet
1~ Box 2003
Bridgehaml~on, New York 11932-2003
~r17,2011
Atla: Mr. Bruce A. Anderson
Re: 2011Agricultural Districts Program Annual Enrollment Period
Application # 0EP-2011-09
Suffolk County Tax Map # '1000-069.00-05.00.007.001
Dem' Sir:
Please be advised that the above-listed parcel was considered for inclusion in a certified agricultural
district during the 2011 Agricultural Districts Program open enrollment period pursuant to Section 303-b of thc
New York Slate Agriculture and Marke~ Law.
Aflur due consideration, thc Suffolk County Agricultural and Farmland Protection Board
ox such lanom me program would serve the public interest by assisting m mintaining a viable agricultural
induza7 within the district. The Suffolk County LegisisZure adopted this r~ommendation, and the
Commissioner of the New York State Department of AgrlcuRure and Marke~ cragged this recommendation.
The inclusion of the above-listed parcel in AgricuRural District No. ! was cft~0ciive as of September 26, 2011.
Pl~se contact Ses$iea Kalmbaeher at (63 I) 853-5191 should you have any que~ions.
Sincerely,
Sarah Lansdaie
Director of Planning
'Enc.
· SL:jlk
Cci
Darml J. :Au~lt;,~, Commissioner of the iVYS Dept of Agriculture & Markets
~mu Lanbe, Clerk of the SC Legislature (Entail 0nly)
Kerm~a ~ Sohmitt, Chairman of the SC Agricultural & Farmland Protection Board (Email only)
William J. Bergrath
MAILING ADD~ESS
e P.O. BOx 6100 :] (631) 853-5191
HAUPPAUGE, NY 11788-,0099 I"E~ECOPIER (6~1) 853-4044
FREQUENTLY
RE~RDING AG~U~L
DISTRICTS;
~at is an agricult~
H~ is an
The CI.H c~,d~ I~
VV~O I~etits from a, agricultural district?
_0~'r~gric~Jltural district guarantee a
fi~ht to
Do agd~ultu,ral districts prordbit selJing
land?
How are agri,c, ultur~l~ijTTW~ts
m~idpafity'l.a~i~ ~ol growth?
farmland within an agHm~ltural distri~
~o bears ~e cost of the agricultural
A~IC UL-T~sTR~T
'"~ ~ 2007. ~ d~l~ ~p~md o~r 8.5
' ~alon a~;~ 6.2 mlBen fa~
a~es on 21~a~1
The a~rage ~e in New Yo~ Is
approxima~ 20~
New York's
Agricultural Districts
muicuttural dis~rlcls ~ ~? Ox
L~n Local Reoula tion
res~"srlcuhum~ .tm ,.~y ~esult in now
G~eir ,assessor or t he Jr T. ma~y r~t properly 1~ n~.~ssa~ ~' the on-farm pr~u~on, p~pmuuo~k
_ - , ~. ~of~ic~tumlco~ili~. An
o
Public Actions Notic~ ~equirements
egricultural rcsou~es t I~ LT~h the acquisdton ol'
Limitabon on'Loc, el Benefit Assessments
dw~lln~ or n~.~_ a~o~ atmcmre located ~n I~'
Policy of Stale Agencies.
com~s~nt wld~ t~_ promotion or' pubhc
Suffolk Environmental Consulting, Inc.
Newman Village, Suite E, 2322 Main Street. P.O. Box 2003, Bridgehampton, New York 11932-2003
(631) 537-5160 Fax: (631)537-5291
Bruce Anderson M.S.. President RECEIVED
OCT 0
VIA TELECOPIER and REGULAR MAIL
BOARD OFAPPEALS
October 5,2011
Southold Town Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
Re.'
Situate:
SCTM #:
G. tK MEAD FARM Property
Zoning/Special Exception Application
1375 Ackerly Pond Lane; Town of Southold, New York
1000 - 069 - 05 -007.1
Dear Board Members,
rm':~ ;o *~, r~,q,,~.,,t an extension of time in which to render a decision on the above
referenced application to December 15, 2011. The purpose of this request is to insure
regulatory compliance with respect to State and Local Environmental Quality Review.
Thank you as always for your attention and consideration.
cc. B. Glenn
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork, net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 ° Fax (631) 765-9064
MEMO
Date: September 26, 2011
To: Heather Lanza
Re: G. W. Meade Horse Farm
Attached are correspondences from neighbors and responses from the agent for the
applicant. Chairperson Weisman requested I forward these copies to you for your record
and information.
Suffolk Environmental Consulting, Inc.
Newman Village, Suite E, 2322 Ma n Street, P.O. Box 2003, Bridgehampton, New York 11932-2003
(631) 537-5160 Fax: (631) 537-5291 RE~u~IV£D
Bruce Anderson, M.S., President SIP ~ {1 2{]11
VIA FAX AND REGULAR MAIL
BOARD OF APPEAL~
September 22,2011
Southold Town Planning Board and Southold Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
Re:
Situate:
SCTM #:
G.W. MEAD FARM Property
1375 Ackerly Pond Lane; Town of Southold, New York
t000 - 069 - 05 -007.1
Dear Members of the Boards,
As you know, this Firm represents that property owners and contract vendees
who are seeking approval from the Planning Board and Zoning Board to authorize
the red-development of an existing horse farm at the premises referenced above.
I am in receipt of a MEMORANDUM from Brian Cummings, Planner to Leslie
Weisman, ZBA dated August 15, 2011 (copy attached) which classifies the
proposed action ("redevelopment of an existing horse farm) as an "Unlisted"
pursuant to the State, Environmental Quality Review Act ("SEQRA").
I bring to your attention the following:
§130-2. Definitions of the Town Code states.
A.~. As used in this chapter, the following terms shall have the meanings indicated:
RULE$
Refers to Part 617 of Title 6 of the New York Codes, Rules and Regulations
adopted by the Commissioner of Environmental Conservation.
TOWN
The Town of Southold
TO WN A GENC Y
Any department, board, commission, officer or employee of the Town of Southold
B. Except as otherwise provided in this' section, or unless the context otherwise requires,
the words and phrases used in this' chapter shall, for the purposes of this chapter, have
the meanings respectively ascribed to them by Article 8 of the Environmental
Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and
Regulations (NYCRR).
The relevant provisions of Article 8 of the Environmental Conservation Law.
The Town is bounded by 6NYCRR Part 617 (SEQRA) which lists at §617.5 (3) the
following Type II Actions:
3) agricullural farm management practices, including construction, maintenance and
repair o f farm buildings and structures, and land use changes consistent with generally
accepted principles of farming;
By MEMORANDUM from the Planning Board to the Zoning Board dated August
12, 2011 (copy attached) the Planning Board has recognized the agricultural use
proposed in the instant application also recognizing the construction activities as
part of that use.
In accordance with the above, the proposed action is a Type II action and no
SEQRA review is required. This means that both the Planning Board and the
Zoning Board may render its determination at any time.
On behalf of our clients, we request that that the Zoning Board proceed complete
its regulatory process at this time. Thank you for your careful consideration in this
matter.
Bruce A. Anderson
Newlnan Vilia~e, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003
(631) 537-5160 Fax: (631) 5a7-5')91
Bruce Anderson, M.S.. Presidcnt
SEP ~ ~ 2Qll
VIA FAX AND REGULAR MAIL
BOARD OF APPEALS
September 22, 2011
Scuthold Town Planning Board and Southold Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
Re:
Situate:
SCTM #:
G.W. MEAD FARM Property
1375 Ackerly Pond Lane; Town of Southold, New York
t 000 - 069 - 05 -007.1
Dear Members of the Boards,
As you know, this Firm represents that property owners and contract vendees
who are seeking approval from the Planning Board and Zoning Board to authorize
the red-development of an existing horse farm at the premises referenced above.
I am in receipt of a MEMORANDUM from Brian Cummings, Planner to Leslie
Weisman, ZBA dated August 15, 2011 (copy attached) which classifies the
proposed action ("redevelopment of an existing horse farm) as an "Unlisted"
pursuant to the State, Environmental Quality Review Act ("SEQRA").
I bring to your attention the following:
~130-2. Definitions of the Town Code states.
A. As used in this chapter, the following terms shall have the meanings indicated:
R UL ES
Refers to Port 617 of Title 6 of the New York Codes, Rules and Regulations
adopted by the Commissioner of Environmental Conservatior~
TOWN
The Town of SoutholcL
TOWN A G ENCY
Any department, board, commission, officer or employee of the Town of Southold
B. Except as otherwise provided in this section, or unless the context otherwise requires,
the words and phrases used in this chapter shall, for the purposes of this chapter, have
the meanings respectively ascribed to them by Article 8 of the Environmental
Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and
Regulations (NYCRR).
Sep 2~ 11 03:54p
RECEIVED
BOARD OF aPPaA~
The relevant provi~ion~ o~ Article 8 o~ the Environmental Oonserv~tion I~w.
The Town is bounded by 6NYCRR Part 617 (SEQRA) which lists at §617.5 (3) the
following Type II Actions:
3) agricultural farm management practices, including construction, maintenance and
repair of farm buildings and structures, and land use changes consistent with generally
accepted principles of farming;
By MEMORANDUM from the Planning Board to the Zoning Board dated August
12, 2011 (copy attached) the Planning Board has recognized the agricultural use
proposed in the instant application also recognizing the construction activities as
part of that use.
in accordance with the above, the proposed action is a Type ti action and no
SEQRA review is required. This means that both the Planning Board and the
Zoning Board may render its determination at any time.
On behaff of our clients, we request that that the Zoning Board proceed complete
its regulatory process at this time. Thank you for your careful consideration in this
matter.
Bruce A. Anderson
1405 Ackerly Pond Lane
Southold, NY 11971
(631) 765-5418
warde3@optonline.net
September 14, 2011
SEP 1 5 2011
BOARD OF APPEALS
Southold Town Zoning 8oard of Appeals
53095 Main Road
Southold, NY 11971-0959
Dear Members of the Zoning Board of Appeals:
In addition to the objections that we made in our previous letter, please consider the following
in the matter of Brian Glenn (CV) for William Bergrath, # 6492 and # 6493.
At the public hearing on September 1st, 2011, Lucille Sullivan made statements that
downplayed the scope of the impact that her proposed business will have on the surrounding residential
neighborhood. She minimized the expected number of trucks that will be entering the property. She
minimized the expected number of horses that will be boarded and trained at the property. Finally, she
minimized the expected number of students that she will teach. Without presenting a business plan
based on facts, she can make any claims that she wants. However, the facts are that Miss Sullivan and
Mr. Glenn are planning to invest over one-million dollars in the purchase of the property and then invest
hundreds of thousands more for the proposed buildings. This is a substantial investment in their
business. Common sense would dictate that this business, like all businesses, will need to maximize the
return on its investment. Therefore, it is likely that the figures that Miss Sullivan presented at the
hearing to describe the volume of business that she expects are much lower than the actual numbers
that the residential neighborhood will experience if the business is allowed to proceed as planned. This
proposed barn, indoor arena, and riding academy will indeed produce an undesirable change in the
character of the neighborhood. For this reason, and for all the reasons outlined in our previous letter,
we respectfully request that the variance to build an oversized barn and an indoor arena and the special
exception for equestrian stables and a riding academy be denied.
Thank you,
Edwin Ward and Nancy Ward
John & Mary Peters
~465 Ackerly Pond Lane
Southold, NY n97~
Atto: Supervisor Scott Russell
53o95 Route z5
PO Box u79
Southold, NY u97~
Attn: Southold Planning Board
54375 Route z5
PO Box n79
Southold, NY n97x
Cell: 63x 37/-2644
Atta: Town of Southold ZBA
53o95 Main Rd.
PO Box n79
Southold, NY n97x
Re.: Sept- x~, v. on, ZBA Public Hearing concerning Brian Glenn (O0 for ~qilllam Bergrath:
#6492: Request for Variance from Code zSo-x3 and z8o-~4. Number of permitted uses
under the Bulk Schedule.
2. ~493: Request for special Exception under Article IR, Section2g~x3B(m)-
On September ~u. 2on I attended the ZBA meeting regarding the aforementioned applications. I
will open this correspondence by sta~g that I requested a copy of the minutes of that meeting
but I was told that the minutes would not be tranm:ribed before the next ZBA meeting which was
to be held on September 15, ~ou. I did want to take portions of that initial meefin~ verbatim; and
respond to their implications but I will not be afforded that luxury. However I will paraphrase as
dosely as po.sst"Die and hope that if my veracity is challenged that the meeting minutes witl
support up my position.
The represe~rarlve for Mr. Glenn and Bergrath set the tone of his presentation by pronouncing
that, this property has always been a horse farm, is presently a horse farm and will continue to be
a horse fartm Then as noted in his DEIS he states that this horse farm h.~ always existed
harmoniously with its' npiohbors and will continue to do so. ff one believes thi_~ progression of
Once the meeting was open to public comment, I proceeded to the podium representing the
Ward's, the Becket's and the Peter~ I began with how Mr. Bergrath was a bad neighbor. I think
attempted to quell my somewhat aggressive position the Chair person said that I should be glad
that there were potentially new and better owners of the property. How the Board could possibly
know what would be best for the residents in our q,,alnt neighborhood is beyond my
comprehension.
My topics for comment are:
L Breach of the existing Covenants and Restrictions
Adjacent to our RCA right of way, a fence was constructed the entire length of the horse
farm with no regard to property boundaries. In zoo9 we paid John Ahlers, surveyor t~om
Riverhead, to place property markers showing Mr. Bergrath exactly how far he had
impeached on our property. This was all built without permission from the Town
Planning board and in direct opposition of Section 4, subsection i) of the C & R's. I will
also mention that the surveyor for Mr. Glenn told me personalb/that Mr. Glenn was aware
th_at Billy bas crossed our boundary line. ff I am to expect that my new neighbor is to be
better than the old I would have expected him to have Billy rectify this or at the very least
express to his potential new neighbors that this was recognized and would be satisfied.
Mr. Bergrath built a lhrn directly across from the Peters' private driveway without Town
permits. More than ~A of this barn was constructed on our properties. On Sept. 9~ the
Ward's, [L°cker's and Peters filed a complaint with the Building Inspector's office. Then on
September ~zta, the Barn was inspected and the horses were removed from the structure
and a notice was posted on the Barn for the owner, Mr. Bergrath, to contact the
Inspector's office. I would also bring to the attention of all the above listed that the Barn
was constructed in direct opposition of Section 4 subsection (i. of the Covenants and
Restrictions (C & R's).
Mr. Bergrath has also benefited from the construction of his own driveway. I would also
bring to the attention of all concerned that in the Planning board minutes from April x,
x999, the Planning board stated that" Lot ~ .....~s not to have direct access on Ackerly
Pond Lane. This is to be noted on the Map and contained in the Declaration of Covenants
and Restrictions." Section 4 subsection e), in the C & R's follows up this sentiment dearly.
He uses his driveway for his personal use while he directs commercial traffic up our
common drive.
o
In Section 4 subsection (g the C & R's speak w No dumping and lists several categories of
waste including 'objectionable, unsightly or offensive material.." Mr. Bergrath has always
had trouble removing the Horse manure off his lot and on many occasions had to store
more than 5o cubic yards of offensive smelling manure. Not to mention that he had NO
Control of the vectors. Upon review of Mr. Glpnn'$ DEIS he does not list his outlets for
manure disposal If any storage of offensive material should be contemphted a
comprehensive plan for disposal complete with p~a-afitted outlets, site location for
proposed storage areas, and amounts to be stored should be submitted.
5. Section 4 subsection h} talks about the promines" tO be kept free of all Signs...". On
Ackerly Pond Lane Billy has had a Double B sign displayed on his ~ for the past two
years.
It is our noi~hborhood's position that Mr. Bergrath be made to remove his barn and fence, off our
properties, take down his sign and discontinue use of his illegal driveway before an}, application
2
or sale be permitted. He should not be rewarded by being allowed to sell Lot ~a while all along
subverting the C & R's that we all have been abiding by! We purchased our property believing
that these C & R's were the tools that would ensure that our vistas and Open Space would remain
constant for as long as we owned our properties.
Prior to voicing these violations to the Board I was told that the meeting was running late and I
was not permitted to read my prepared statement. I did however r~mind the Board that there
were other resident prepared to place their opposition to this proposed project into the minutes
and they were permitted to make a brief statement. The m~ority of the meeting was consumed
by the sponsor for the applicants (Mr. Anderson I believe) presen~i-~ their project along with
some Board queries directed to Mr. Bergrath and Ms. Sullivan.
Mr. Anderson, Suffolk Environmental Consulting Inc. Applicants Sponsor, represented to the
Board that there was to be a considerable decrease in the number of horses boarded f~om an
appro~mate 25 to 13 with 3 of the ~3 owned by Ms. Sullivan. The board questioned how many
horses were being boarded as of that day? Mr. Bergrath was asked to re~pond and his answer was
approximately ~ Then the Board inquired how many a month ago and the number increased by
L When probed further to one year ago the number increased to l?. It was never determined
when in ~act he had ever had as many as zS! It is the practice to deceive Board's, the Supervisor
and the neighbors of our small community that further promotes di~i~ust in thi~ project going
forward. This deception, no matter how insignificant it m~y be regarded, is intentional with the
purpose to down play the impact that this proiect will have on our properties and lives.
Then the Board directed questions to Ms. Sullivan concerning the size of the Academy, the type of
flooring to be used and then finally if she could use the driveway situated on their Lot ~ property
for her business instead of the common drive and her response was more than telling. Ms.
Sullivan's comment was that she would rather not have that traffic drive past their home. What
she was saying was that it would be better if that traffic was to drive pa~ my home! Yet it was
openly discussed th-at the traffic would have no signitlcant negative impact on Ackerly Pond Lane
or the common drive. They have approximately u acres to design their farm and Academy and
they never considered that be less intrusive on their neighbors may be one way to gain some
favorable consideration.
PLEASE REFER TO THE MINUTES OF THIS MEETING FOR THE EXACT CONTENT OF
THAT CONVERSATION
I am even more rli~mayed at the i~act that we, the collective, are even talking about an illegal
driveway and that Town doesn't insist that the project apply for a variance to open Lot b~ to
Ackerly Pond lane for either personal or commercial tl~a~c prior to i-hle project moving forward?
This is just another example of how Mr. Bergr~th has force fed this project down our throats by
attempting to exploit our common drive for their commercial application. It hasn't even been
asked if Tractor Trailers can be accommodated on our common drive without destroying the
overhead canopy of tree limbs. How is the Planning Board showing its approval for this project
without asking these critical questions or for the participation of us resident~ When was the last
time a board member had a Tractor Trailer in their private drivewa]~? ~
BOARD OF APPEAL
The Letter aated zl~41~oo~, then updated on 61281~ou entitl ~tice
of Disapproval, to the Applicants states that the property in question is ~o Acres and is therefore
not permitted for multiple uses. The inspector who made this determination was asked to speak
at the ZBA meeting held on September ~* and to explain how the Town Code, Article III Section
Z8o-13 & ~4 were applied.
Not being as well versed in this as him I will try to simplify his response as I understood
his response. He explained that the Letter of the Law ~ated that the applicant needed;
a. 2 acres for his single family residence.
b. lo acres for his horse farm
c. 2 acres for the Academy
This called for a total of ~4 acres for all the multiple uses applied for. The applicant only has m
acres therefore he was denied. He then went on to explain that the amount of acres needed could
be decreased if some of the applied for uses were to be considered so similar that they overlapped
or were redundant and so less acreage could be required. This example was further extrapolated
to include;
a. z acres for his single ~mily residence.
b. If the horse farm and Riding Academy were to be considered one in the same it could
be said that the applicant would only be required to have an additionai ~. acres
This example called for a total of 4 acres and the applicant would then be approved because he
would have excess acreage. The Board seemed to agree with this synopsis and the applicant was
all to quick to agree. It was the opinion of Mr. Becker and myself that this Inspector was now
expressing the view of an advocate in lieu of stating the Letter of the Law. I later spoke with that
Inspector and he readily admitted that in retrospect he could see how I perceived him to be in
support of this project. He went on to tell me that was not his intention and I while I believe him
the down grading of the necessary acreage for this project was ail but a foregone conclusion.
I am curious whlt the example didn't include;
a. z acres for his single f~mily residence.
b. lo acres for the Horse farm and Riding Academy.
I suspect that this e~mple called for ~ acres and the applioant couldn't meet this threshold.
Once again I was overwhelmed with the ease that this application seemed to be hurdling all the
requests for a variance or special exception. Just a few hours earlier I listened to Mr. phillips,
#65oo, on that day agenda set for moo am, apply for a permit to build a new home and swlmrni~lg
pool while demolishing the old home and pool. While he had every right to live in that old home
and swim in that pre-~existlng pool he wanted to build new. The problem was that the old home
didn't meet the loo' set back but was grandfathered in but he was willing to move his proposed
new dwelling and pool closer to that ~oo set back but not qmet at ~oo. His proposal was met
4
with praise from the board but one board member requested that he move the new dwelling and
pool 5' more feet closer to the xoo'setbaclc Mind you the 5' extra feet still didn't get the ~oo' set
back but did diminish Mr. phillips sunset view by a potential L~ degrees. The plea bom Mr.
Phillips was to allow him spend his life savings on this property, with this view without losing
those h~ degrees of sunset and the Board members response was that it was his job to essentially
move him as far back as possible.
The ZBA now considering granting Mr. Glenn / Bergrath a special exception from the Letter of the
Law which called for ~4 acres down to what be called the Spirit of the Law to 4 acres but Mr.
Phillips can't start building his dream for 5'. I don't understand because we need more Mr.
· is willing to endure to keep
phillips and less Bergrath's. Also consider what expense Mr. philhps
his vistas and what little consideration us residents have while losing ours!
III The best interest of the Town, the Owner, and the Prospective Owners
In April of x99x when Mrs. Hunt approached the Planning Board all she wanted to do was
subdivide her acreage into 4 Lots. With the Planning Boards' permission to do so came the
Declaration of Covenants and Re~i~ictions. These C & R's were the guarantee that these 4 lots
would forever remain in an 'as is' state with all their beautiful farm views, open spaces and
conservation easements. Why did that Planning Board go to such lengths m ensure that the
owner or the prospective owners would not adversely impact these properties by attempting to
over build or subdivide these, lots as to lose or diminish it's natural state? I believe that those
Planning Board members, ~9 years ago, had a Letter of the Law attitude with respect to how this
land was to be used. That property was farmed by the DiRer family and my wife Mary Birkmier
Peters picked strawberries off this land. When the C & R's refer to Agricultural uses of this land
they don't mean Riding lessons and Academies! They m~an what they say corn, wheat, oats, rye,
barley and hay. When is speaks to livestock it mentions cattle, sheep, goats, chickens and horses.
These C & R's were not meant to be governed by the Spirit of the Law. The exam~ve list of
examples sighted under each section are so specific that if a commercial application such as a
Riding Academy able to support a potential Sz million dollar inveatment was intended it would
have been listed. The Town is considering a Spirit of the Law change 19 years later when the
world is a di~erent place. Change is not always bad but Mr. Glenn / Bergrath have been
attempting to convince the Town that this project will not change the Letter of the Law as stated
in the C & R's but in fact as a matter of right is confirmed as an acceptable interpretation of these
Covenants since February of this year. I contend that when I look out any window or door in the
front of my home I will look at a commelvi~l buildin~ a paved parking lot, and commercial traffic
traveling up our common drive!
I beseech the Supervisor, The Plan~ing Board, and the ZBA to adhere to the Letter of the Law and
deny this application because the qn~lity of this land and the q,:~lity of our lives will change
forever and we believe the C & R's support our position. We believe the mockery made of our C &
R's since Mr. Bergrath has owned this Lot has continued long enough. We do not support the
creation of a new set of restrictions because if history teaches us one thing it is that the C & R's are
only as effective as the people enforcing ~em~ We do not want to become the watchdogs of a
document that was never enforced in the past as if it to become our bible moving forward. There
is no credibility with this theory.
BOARD OF APPEALS
I thank you all for taking the time to read this correspondence and for considering our request for
denial. I trust that the Residents of our community will have an additional opportunity to voice
our opposition at the next Planning Board meeting open to public comment.
We would kindly request a meeting with Supervisor Russell, at his convenience, prior to the next
and potentially last Plalming Board meeting concerning this matter. Mr. Glenn / Bergrath and
their Sponsor's have been afforded the opportunity to speak to both the Planning Board and ZBA
since Februa-W of aou while the residents of Ackerb/Pond lane have had the past two weeks to
defend our position a way of life. Please feel free to use my contact information provided for you
convenience. I will in any event contact your office no later that Friday of this week, September
16th, to confirm your availability.
Sincerely,
~--~ents of Ac. kerb/Pond Lane
PS: If one concerned Town Board member would be so i~clined as to make a difference; would
someone be available to witness the condition of Mr. Bergrath's personal hor'=e that has been put
out to pasture to die. It can be found at the west end of his property dying in front of the Wards
home. His actions have been just short of criminal.
ThankYou RECEIVED ::..
SEP 1 2011
80ARD OF APPEALS
Suffolk Environmental Consulting, Inc.
Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003
(631) 537-5160
Bruce Anderson, M.S., President
HAND DELIVERED
September 14, 2011
Southold Town Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
Fax: (631) 537-5291
SEp I 4 2011
SOA~D OF,qppSALs
Re:
Situate:
SCTM #:
G.W. MEAD FARM Property
1375 Ackerly Pond Lane; Southold, New York
1000 - 069 - 05 -007.1
Dear Board Members,
As agreed, this correspondence is to serve as our written response the to the
range of comments both written and expressed in oral testimony during the
public hearing which took place on September 1,2011 concerning the application
referenced above.
As you know, an application was made to your Board pursuant to a NOTICE OF
DISAPPROVAL issued by the Town's Building Department on February 14, 2011
and updated on June 28, 2011 ("NOT/CE'). The NOTICE stated that "the
existing single family dwelling use and proposed two uses on this parcel in the
AC Zone are not permitted pursuant to Article III, Section 280-13 and 280-14 .....
The keeping, breeding, raising and training of horses is permitted on lots of 10
acres or more. And according to the Bulk Schedule, one use per 80,000 sq. ft. is
allowed." Please take notice that our position is that the uses generally described
have not changed as a result of this application. That is, a horse farm and
residence lawfully exist on the premises. Please take further notice that the
Town's Chief Building Inspector, opined in agreement but further stated that this
application process was a "cleaner way" to address the improvements
contemplated for the site. Please also take further notice that zoning member
Goehringer opined that a benefit of the application particularly with respect to
Special Exception approval is to establish safe guards to protect the
neighborhood.
Submitted prior to the hearing by the Planning Board was the MEMORANDUM
dated August 12, 2011 which fully supports as the application as designed and
applied for. Importantly, the MEMORANDUM tracks the wording of the
DECLARATION made May 22nd, 1992 by Pamela Hunt, filed with the instant
application which permits, "Operations encompassing livestock and livestock
products (including ...horses...) which are found acceptable and reasonably
necessary by the Planning Board and which are subject to approval by the
Planning Board." An application for site plan approval has been submitted to the
Planning Board.
Two letters were submitted to the ZBA: one from Mary Birkmier Peters dated
August 26, 2011 and a second from Edwin Ward and Nancy Ward dated August
23,2011. In addition, testimony in opposition to the granting of the requested
approvals was given during the public hearing of September 1,2011. Both letters
are critical to the instant application. Some of the oral testimony given was
critical to the instant application. All criticisms can be summarized as follows:
o A proposed change in the present agricultural easement
o Present failure to honor property lines and contain horses
o Construction of barns and fences with no permits
o Absentee farming
o Impacts to the shared driveway by 18 wheeler trucks, ranch
hands and visitors to the farm
o Failure to contribute to the maintenance of the shared driveway
o Commercial use of the property
o Traffic impact to Ackerly Pond Lane
o Wildlife impacts
o Character of the neighborhood by associated noise, crowds,
dust and pollution
o Building is out of character with the neighborhood
o Increase in the number of horse and the uses of the horses
o Rough storage of horses and existing inharmonious use of the
premises
o Lack of suitable existing manure management practice
o Town acreage requirements not observed
o Substantial relief requested
o Alleged difficulty self created due to a building that doesn't fit
o Compliance with the requirements of the May 22, 1992
DECLARATION
o Compliance with the requirements of the November 22, 1994
EASEMENT AGREEMENT
The listed issues are briefly addressed individually below:
o A proposed change in the present agricultural easement
The applicant does not propose to change the terms of the
easement and has made all necessary applications in accordance
with the requirements of the agricultural easement. Importantly,
the Planning Board has found that the proposed buildings are
necessary to conduct the contemplated agricultural use.
o Present failure to honor property lines and contain horses
The applicant has stated that the property will be suitably fenced as
to prevent any escapes to adjacent properties.
o Construction of barns and fences with no permits
The applicant has made all required permit applications for all
proposed structures and intends to remove two non permitted
barns or turn-ins.
o Absentee farming
The applicant intends to reside on the premises.
o Impacts to the shared driveway by 18 wheeler trucks, ranch
hands and visitors to the farm
The anticipated use of the share driveway is to decrease over the
use that has historically occurred. The maximum number of horses
would be reduced from 25 to 13 (three of which would be owners
by the resident farmer). Also, the historical practice of rough
boarding is to be eliminated. As per the oral testimony of the
applicant, one tracter trailer trip per month is the maximum
anticipated usage for any 18 wheeler truck. This the anticipated
impact is deminimus.
o Failure to contribute to the maintenance of the shared driveway;
The applicant intends on fully participating with the neighborhood in
the maintenance of the shared driveway.
Commercial use of the properly
The applicant intends to conduct horse farming operations on the
site. Horse farm operations like all farming operations are
commercial in nature.
Traffic impact to Acked¥ Pond Lane
Traffic impacts to Ackerly Pond Lane will be reduced as the
numbers of horses are to be reduced (from a maximum of 25 to a
maximum of 13) and rough boarding will cease to exist on the
premises.
o Wildlife impacts
There are no anticipated potentially large impacts to wildlife
anticipated to occur are a result of the proposed project.
o Character of the neighborhood effected by associated noise,
crowds, dust and pollution
Noise, crowds, dust and pollution would be reduced at the site as
the number of horse would be reduced (from a maximum of 25 to a
maximum of 13), as crowds would be reduced by elimination of
rough boarding and as best management practices would be
implemented thereby reducing dust and pollution.
o Building is out of character with the neighborhood
Building is not out of character with the neighborhood because the
neighborhood is dominated by a mix of residences and farms and
the proposed building is deemed necessary by the Planning Board
to conduct the contemplated agricultural use.
o Increase in the numberofhorses and the uses of the horses
The number of horses and the uses of the horses would decrease
as a result of the project as proposed.
o Rough storage of horses and existing inharmonious use of the
premises
Rough storage of horses is to be eliminated from the premises.
o lackofsuitableexistingmanuremenagementpractice
The applicant proposes a manure management plan consisting of
weekly off site removal of accumulated manures. Removal would
be accomplished by hand transfer into a dump cart with weekly
removal. It is anticipated that the manure will be utilized by local
farmers. Manure would be managed for the first time on this
property.
o Town acreage requirements not observed
Subject premises presently contains a residence and a horse farm
and the limited acreage reflects a pre-existing non-conforming
condition. Importantly, the reduction of the number of horses will
lead to a reduction of environmental impact thereby increasing
conformance, particularly with respect to neighborhood safeguards
anticipated in the Special Exception permit process applied to this
project.
Substantial relief requested;
No dimensional or coverage relief is requested and the intensity of
use decreases as a result of the project, if approved.
Alleged difficulty self created due to a building that doesn't fit
No dimensional or coverage relief is requested for the proposed
barn and indoor riding arena.
o Compliance with the requirements of the May 22, 1992
DECLARA T/ON.
The Planning Board by MEMORANDUM dated August 12, 20!1
has certified compliance with the May 22n~ , 1992 DECLARATION.
Compliance with the requirements of the November22, 1994
EASEMENT AGREEMENT
Included in the application package provided to the ZBA is a copy
of the 1994 EASEMENT AGREEMENT which provides for the non-
exclusive ingress and egress across a common driveway
constructed by the subdivider, Pamela Hunt, within a 15-foot right
of way. This non-exclusive right of passage applies to all lots (lots
1,2, 3,and 4) within the subdivision meaning that all lots have
equal rights to this access and all lots have equal responsibility for
its maintenance. Importantly, there was then and there is now a
horse farm (at lot 1) that enjoys this right of passage. Equally
important is that all subsequent property owners (for residential lots
2, 3 and 4) pumhased with knowledge as to the EASEMENT
AGREEMENT and subject to the EASEMENT AGREEMENT.
This means that all property owners will continue to use the
common driveway and all property owners will continue to maintain
the common driveway.
It is critical to note that a substantial financial commitment is being made by the
applicant which commitment will greatly improve the existing condition of the site
and community at large. Thus, the applicant has a vested interest in the overall
care and management of this upscale farming practice. The project
improvements if approved would remedy much, if not all, of the community
discontent that apparently now exists, reduce off site traffic, reduce the intensity
of use of the property and instill the best management practices which pertain to
horse farms. Accordingly, the application should be approved as applied for.
Bruce A. Anderson
Lucille Sullivan
Brian ~enn
4! Cutlas Street
Riverhead. NY 1190!
SEP ] 4 ZOll
BOARD OF' APPEALS
September 14, 2011
5outhold Town Zoning Board of Appeals
P.O. Box 1179
5outhold, NY 1197!
~.W. MEAD FARM Property
!375 Ackerly Pond Lane
5outhold, New York
Dear Members of the Board,
As requested, T arranged for the barn and the indoor riding arena to
be staked out by our surveyor. This was done last week. I also contacted all
of our neighbors. They included ~Tohn and Mary Peters, Ed and Nancy Ward
and Brian and ,Tennifer Becket. The three couples own lots 2, 3 and 4 which
are adjacent to the property. We met at the Becket's house last night. In
attendance were Brian Becket and Nancy Ward (the others declined to
attend and/or participate).
Much was said at the public hearing and much written about the
application. The overwhelming concern expressed by these two individuals
was the common driveway, which we all use and all have rights to use. We
are in contract to purchase this property with the knowledge and
understanding that we can continue to use the common driveway. We also
understand that we have an obligation to fund our proportionate share of
the costs to maintain the common driveway. Although we have repeatedly
stated our intentions relating to the use of this property, that the number
of horses would be reduced to thirteen (13), three of which we own, that we
intend to reside with our family on the premises and that we will take
excellent care of the property, we were repeatedly rebuked. Brian and
Nancy insist that the use of the property will be different than what we
intend.
All we can say is that we intend to be c~ responsible neighbor. ]:t is our
belief that over time the neighbors will come to experience an overall
improvement in the property and in the quality of their lives.
(jj~/~cerel.y, A
Lucille Sullivan
REC
SEP
~ 2011
BOARD OF APPEALS
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
MEMORANDUM
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
To: Martin Sidor, Planning Board Chair/
Members of the Planningq~,O'5~ /
From: Leslie Kanes Weisman/~t?-~/~.~-----~/~--'~-~'//
ZBA Chairperson C~t ~e-~-/~ lj '~ .....
Date: August 31, 2011
Re~
Variance and Special Exception request of;
Brian Glenn, contract vendee for William Bergrath
Location: Ackerly Pond Lane, Southold
SCTM#1000-69-5-7.1
Dear Chairperson Sidor and Members of the Planning Board:
We are in receipt of your Memo dated August 15,2011, requesting your wish to assume
lead agency status for the above noted application.
The Zoning Board of Appeals has no objection to your request.
Mary & John Peters
1465 Ackerly Pond Lane
Southold, NY 11971
Scott A. Russell, Supervisor
Town of Southold
53095 Route 25
P.O. Box 1179
Southold, NY 11971
RECEIVED
BOARD OF APPEALS
~-'~:~l- August 26, 2011
Re: lm~ning ?'o.~d Variance Hearing Sept. 1, 2011 - Begrath
Dear Mr. Russell,
I was raised in Southold. My father was a train engineer and we farmed 10 acres in
addition to raising chicken, pigs, cows and horses on an agriculturally zoned lot.
My husband and I have in turn raised our children in Southold since 1983. In 2004 we
had the opportunity to pumhase a lot from Mr. William Begrath, of Sag Harbor, on
Ackerly Pond Lane. Our 2 and ½ acre lot is surrounded by a conservation easement and
faces a 10 acre horse ranch with an agricultural easement. As we love horses and we had
the opportunity to become part of a town effort to preserve open farm land and the
surrounding environment we happily purchased the land and built our dream home after
20 years of saving.
We have recently been informed, by reading a posted notice, that Mr. Begrath is
requesting a variance for his building envelope to build a proposed 20,000 sq. ft. Riding
Academy and Barn. (Plarming Board Hearing Sept 1,2011) While we would never deny
anyone the right to build within the restrictions of their property envelope, we have very
strong objections to any change in Mr. Begrath's present agricultural easement.
Our primary objection has to do with Mr. Begrath's past and present disregard for the
impact of his horse farm on his very close neighbors. He has failed to honor property
lines, contain his horses, or even conform with any building codes, as he built barns and
installed fences, with no permits, on our property lines and has failed to do anything
about them, even when we hired surveyors to mark our properly lines. He has proven
that he cannot manage a 12 horse farm. He is an absentee farmer. How wilI we be treated
when he takes on larger responsibilities?
We are also concerned for our safety and that of our neighbors and their children. Horses
have run wild onto our property many times. Our one way driveway is already abused by
Mr. Bargrath's 18 wheeler trucks hauling manure, ranch hands and visitors to the farm,
driving at unreasonable speeds up our private driveway where our children play and ride
their bicycles. We maintain this driveway as the Puritan Farm Neighborhood
~ RSCSIVED ~
Association.
driveway.
BOARD OF ,~,~A
Mr. Bergrath has never contributed to the maintenance of any communa~ /$
Our understanding of Agricultural zoning would lead us to believe that horse farming is
an agricultural land use. Riding lessons are a service and thus a Commercial Use. We
are opposed to such a large building and parking lots facing our home to support a
Commercial Business, especially for an "absentee farmer." We cannot begin to imagine
the negative impact this will have on our home value.
The traffic impact to Ackerly Pond Lane and our driveway would be overwhelming.
Riding lessons after school and on Saturday and Sunday would bring our driveway to a
standstill with cars waiting on Ackerly Pond for their turn to use the one way drive way,
and us stuck at the top of the driveway waiting to leave our own property.
As we have chosen to live with Conservation Easements, and have paid more than
$5000.00 in Town of Southold Preservation taxes to do so, we have found ourselves
surrounded by dens of fox, raccoons, deer, hawks and osprey. They all hunt and live
within the 20 acres that comprise the Puritan Farm lots. The building of this Academy
and barn would significantly impact the wild life of this area. I would hope that "the
good of Southold Town and Neighbors" referred to by the Planning committee who
designed these Easements in 1991 ( see Minutes Planning Board April 12, 1991) would
continue to hold true for all of the occupants of these properties as well as the
townspeople who frequent Ackerly Pond Lane.
For these and many other reasons, we would ask that you bring our concerns to the
attention of the Planning Board. You are all welcome to come to our home and
experience for yourselves the life that we and our neighbors have built, and the impact
these changes would have on a very beautiful part of our town.
We thank you for your attention to our concerns for ourselves, our neighbors and our
town. Please do not hesitate to contact us at 631-377-2644, should you have any
questions regarding the impact of this proposed variance.
Thank You~_~
Mary Birkmier Peters
Cc: A. J. Krupski Jr. - Councilman W. P. Ruland - Councilman
V. Orlando - Councilman
C. M. Talbot - Councilman
M. Sidor - Chairperson
1405 Ackerly Pond Lane
Southold, NY 11971
(631) 765-5418
warde3~optonline.net
August 23, 2011
IV~D
3 1
80'~I~D OF ,~pla~Ai..s
Southold Town Zoning Board of Appeals
53095 Main Road
Southold, NY 11971-0959
Dear Sirs:
In the matter of Brian Glenn (CV) for William Bergrath, # 6492 and # 6493, Brian Glenn, a
potential buyer of property located at 1375 Ackerly Pond Lane, Southold, is requesting a variance to
build an oversized barn and an indoor arena, and a special exception for equestrian stables and a riding
academy. As a direct neighbor, we ask that you please consider the following objections:
First, in his appeal, Mr. Glenn states that an undesirable change will not be produced in the
character of the neighborhood or a detriment to nearby properties if granted. This is not true. With the
exception of a small, approximately five acre vineyard and the property in question, Ackerly Pond Lane is
a quiet, predominately residential road. Furthermore, 1375 Ackerly Pond Lane, the horse lot, is lot # 1
of the Puritan Farms subdivision. The Puritan Farms subdivision is a quiet, secluded, residential area,
consisting of three private residences and the horse lot. A large, commercial, recreational center with
its associated noise, crowds, traffic, dust, and pollution, is completely out of character with the quiet
residential nature of the area. This proposed building, stable and riding academy will indeed produce an
undesirable change in the character of the neighborhood.
Currently, there are three barns nearby on Ackerly Pond Lane. There is a small one near the
intersection of Ackerly Pond Lane and Lower Road. There isthe "My Dream Came True" barn on the
east side of the road. Finally, there is the current barn on the property in question. All three barns are
small. They are all approximately less than one-thousand square feet. They define the character of
barns in the area. All three of these barns would fit inside the building Mr. Glenn is proposing, several
times over. The building that Mr. Glenn is proposing is out of character and out of scale with the
surrounding neighborhood and will produce an undesirable change.
The four properties of the Puritan Farm subdivision share a small gravel driveway that is
approximately ten feet wide. The horse lot has its own additional driveway. This common driveway is
used primarily by three families in order to access their residences. This driveway requires regular,
semi-annual repair and maintenance for just the light duty use it currently receives. This driveway was
never intended nor designed to handle the additional traffic associated with a large, recreational riding
academy. It will quickly deteriorate and be destroyed if it is used by a larger volume of traffic or by the
heavy trucks that will be hauling feed and hay, or towing large horse trailers, into the academy.
Furthermore, it would not be fair to the three residential owners of the driveway, if the fourth owner is
allowed to turn their private driveway into an access road for a commercial establishment. Again, this
will cause unnecessary damage, and in addition, it will create unwanted dust and noise, and it will pose
a safety hazard for the residents and their children. It will not be safe to walk to and from the mailbox
or school bus stop because there isn't enough room for vehicular traffic and pedestrians to safely pass
one another on the narrow driveway. This appeal will in fact cause a detriment to nearby properties if
granted. For these reasons, the horse lot should be required to use its own existing driveway to access
any new development.
Mr. Glenn repeatedly claims that the property won't have any adverse impacts because it has
existed in the area in the same use capacity for years. This is misleading because although there are
currently horses on the property, Mr. Glenn proposes to greatly increase the number of horses and the
uses of those horses. In addition, the huge increase in the size and scope of the buildings and
operations of the proposed business is in and of itself a significant change in the use of the property. By
comparison, imagine if the runway at the Mattituck airport was expanded and suddenly jets were
allowed to land. It could be argued that the property is still in the same use capacity, but the reality is
that the character of the property and the character of the neighborhood would bo changed.
Mr. Glenn asserts that the property has operated as a horse farm for many years and that it has
existed harmoniously within the area. This is not the case. First, the term horse farm can only be
loosely applied because the property is currently used only as a place for horse owners to rough board
their horses. (Rough board is a term to describe the boarding of a horse where the owner comes
regularly to provide all necessary care for the animal.) Instead of a horse farm, a more accurate
description of the property would be a horse storage area. Secondly, the property has not existed
harmoniously with its neighbors. Years ago, Mr. Bergrath built two "temporary" barns within the
agriculture conservation easement on his property. This was done over the objections of his neighbors,
without Planning Board approval, without certificates of occupancy, and in violation of the covenants
and restrictions on his property. Part of one of these barns and most of the fence located on the north
side of the property, is located on the property of lot # 2 of the Puritan Farms subdivision. For years,
Mr. Bergrath has been aware of the situation and has failed to correct this problem. For years, Mr.
Bergrath's fences have been in a constant state of disrepair. As a result, horses frequently escape from
his property. These large, loose horses running around are intimidating to the non-horse-owning
neighbors. They leave their waste all over our walkways, driveways, and lawns and they cause damage
to our neighboring properties. Sometimes the damage is minor, such as torn up grass, but frequently,
the damage is substantial. Often, the hooves of the loose running horses cause hundreds of deep holes
in our front and rear yards. These holes can be as deep as six to eight inches and as large as a sheet of
paper. If not repaired, they result in injuries from falls and twisted ankles. Mr. Bergrath has never
RECEIVED
2
~nAP. D OF APPEALS
satisfactorily fixed the problem and prevented his horses from escaping. He has never followed through
on his claims that he would repair the damage and he has never reimbursed our expenses for the
repairs that we have had to make ourselves. Up until very recently, the horse manure was removed
from the barn each day and placed on a large pile near the barn. This pile would grow for months and
would become very large before it was removed. When it was removed, it would take several
truckloads to haul it away. This huge pile of manure was offensive and it violated the covenants. It was
unsightly, it produced a foul odor, it attracted rodents and insects, and it was a health hazard. This
property has not existed harmoniously within the area.
Mr. Glenn asserts that the variance sought cannot be achieved by some method feasible for the
applicant to pursue, other than an area variance, because the Town specific requirements have changed
over time and because obtaining additional contiguous acreage would prove to be financially
impossible, even if adjacent acreage were available. This is not true. The Town specific requirements
have changed because over time, the people of Southold have seen negative examples of unregulated
building and development and have changed the code in response. It is ridiculous for Mr. Glenn to cite
the wisdom of the Town planners to adjust and amend the Town Code as a reason that a variance is the
only solution. The property to the south of Mr. Glenn's potential purchase and the property to the west
are both contiguous acreage. One is undeveloped and one is partially planted as a vineyard. The partial
vineyard is currently for sale. It is listed with Syma Joffe Gerard Real Estate, IN # 06659. Mr. Glenn's
lack of the necessary financial resources to make an offer on either property and acquire enough
acreage to conform to Code should not be a valid explanation in stating that a variance is his only
solution. If he cannot afford enough property to build what he likes, then he should not be allowed to
build. Finally, the contrary is true. The benefit sought by the applicant CAN be achieved by some other
method feasible for the applicant to pursue, other than an area variance, because Mr. Glenn does not in
fact own the property. He is merely considering the purchase of the property contingent on the
approval of the variance. Therefore, a simple method feasible for the applicant to pursue, other than an
area variance, would be to purchase a different property where a variance would not be necessary.
There is a lot of open space on the North Fork and there are many properties for sale that may be more
suitable. For example, in an ad in this week's Suffolk Times, Corcoran is listing a 16.61 acre "Vineyard,
Equestrian or a Farm Haven" in Cutchogue for $995K, web # 7013, and "Orient Acreage with Open
Views," a 3.35 acre buildable lot and 23+ acre level property zoned for agricultural pursuits, for
$1.050M, web # 7611.
In his appeal, Mr. Glenn claims that the relief requested is not substantial. This is not true. The
purpose of the bulk schedule of the Southold Town Building Code is to balance the rights of a property
owner to improve his property with the effects that those improvements will have on his neighbor's
properties. Building height and size restrictions were established so that one man's dream does not
overwhelm his neighbor's property. If constructed, the huge, oversized barn and indoor arena would do
just that. They would overwhelm the neighboring properties. The proposed building is not even close
to conforming. It is grossly oversize. It is between seven (7) and fifteen (15) feet too tall and it
encompasses approximately 33 % more square footage than is currently allowed by code. The proposed
building would totally dominate the surrounding area and it would be out of scale with ~Lt~-~
3 AUG 3 1 ZOll
BOARD OF APPEALS
RECET~vED
buildings in the neighborhood. It will obscure the scenic views, cast long shadows, J~l~r~)te an
unsightly, urban, factory look. Substantial is a relative word. However, Mr. Glenn is proposin~t~o ~,Z~/_S
building that is approximately 1/3 larger and at least 1/3 taller than what is permitted. This is a
substantially larger building! He is in fact requesting substantial relief.
In his appeal, Mr. Glenn states that the alleged difficulty has not been self-created. This is not
true. Mr. Glenn has created the difficulty because he wants to purchase a property that is not suitable
for his needs. Mr. Glenn has a square peg and he has decided to buy a round hole to place it in. Instead
of trying to force his square peg into the round hole by changing the hole and damaging the
neighborhood, Mr. Glenn should search for an appropriate square hole to buy. Mr. Glenn has created
this difficulty because he is trying to force his proposed building into a place where it doesn't fit. Instead
of expecting the Town to grant him a variance and expecting his neighbors to suffer, Mr. Glenn should
continue his search for a property that is appropriate for his plans. Mr. Glenn does not own the
property in question and it is likely that he will not purchase it if he does not get the approvals that he
seeks. He could easily end this self-imposed and self-created difficulty by finding a suitable property.
In his appeal, Mr. Glenn acknowledges that there are covenants and restrictions concerning this
land, but he does not provide any details. The Declaration that creates these covenants and restrictions,
dated May 22, :1992, states, '~That the use and development of the portion of Lot :1 that is desi§nated
'Agricultural Reserve Easement Area' will forever be restricted to some or all of the following:" The
document then describes the allowable uses of the area and then describes the restrictions. The
restrictions that apply are summarized as follows:
4. a) If at any time the ownership of the area shall change, a conservation plan shall be developed by
the Soil Conservation Service and the farming practices shall then comply in all respects to this report.
4. b) No regarding shall be conducted thereon.
4. d) Farming practices shall be such that erosion of the land is minimized.
4. e) No streets, roadways or other rights of way for non-farming vehicular use shall be constructed or
granted thereon.
4. g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust,
trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be
permitted on or within the said premises.
4. h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual
advertisement or display.
4. i) Temporary or permanent structures shall not be erected within or upon the said premises without
Planning Board approval.
4. j) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to
Planning Board approval.
4
~ RECF.I'¥ED
The most obvious conflicts with these restrictions are that the proposed sale requir~l~r~i°~n~pl~/~[.
plan from the Soil Conservation Service, that the proposal creates a new road and parking lot in the
Agricultural Reserve, and that there isn't a plan for the placement and storage of the manure, which is
an unsightly and offensive material. Clearly, the road and parking lot should not be allowed in the
Agricultural Reserve and should remain in the area by the existing barn and house. Finally, in the
Declaration it states that, "the Planning Board of the Town of Southold has deemed it to be in the best
interest of the Town of Southold and the owner and prospective owners of said parcels that the within
covenants and restrictions be imposed on said parcels." Pamela Hunt, the then owner of the property
agreed, stating that, "the Declarant has considered the foregoing and determined that the same will be
for the best interest of the Declarant and subsequent owners of said parcels." Today, it is still in the
best interest of the Town of Southold and the property owners that these covenants and restrictions
continue to be enforced.
As you know, Mr. Glenn's plans are not a permitted use under section 280-13 A. However,
under section 280-13 B. (12), it is permitted by special exception by the Board of Appeals. Because a
special exception is required, it shows that stables and riding academies need to be reviewed because
they are not an appropriate use for every property. The stable and riding academy that Mr. Glenn is
proposing is not an appropriate use for this property. The buildings themselves are grossly oversized
and the business is too large. Together, they will overwhelm the neighborhood and adversely change
the character of the neighborhood.
In conclusion, we support Southold Town and Suffolk County in the preservation of open space
and farmland. We understand that farmland needs to be profitable to survive. To that end, we accept
that the property in question may someday be altered or further developed. However, this is not the
right plan for this property. The benefit to Mr. Glenn far exceeds the cost to the neighborhood. The
building will exceed the dimensions set forth in the bulk schedule by a substantial amount. The large,
recreational business will overwhelm and change the quiet character of the neighborhood. The
proposal does not conform to the restrictions and covenants on the property. For these and all of the
aforementioned reasons, we respectfully request that the variance to build an oversized barn and an
indoor arena and the special exception for equestrian stables and a riding academy be denied.
Edwin Ward and Nancy Ward
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard R Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://sout holdtown.north fork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 ° Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, SEPTEMBER 1, 2011
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code
Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the
SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road,
P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 1, 20t 1:
11:45AM - BRIAN GLENN (CV) for WILLIAM BERGRATH #6493 - Request for Special
Exception under Article III, Section 280-13B(12) for equestrian stables and riding
academy, located at: 1375 Ackerly Pond Lane Southold, NY. SCTM#t000-69-5-7.t
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of
each hearing. Each hearing will not start earlier than designated above. Files are
available for review during regular business hours and prior to the day of the hearing. If
you have questions, please contact our office at (631) 765-1809, or by email:
Vic ki.Tot h~,,Town. South old.ny.us.
Dated: August 5, 2011
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
¢10371
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Candice Schott of Matfituck, in said county, being duly sworn, says that she is
principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
25th day of Auqust, 2011.
Sworn to before me this
Pr'incipal Clerk
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME
MAP #
B.GLENN (CV) for
W. BERGRATH
69.-5-7.1
#6493
VARIANCE SPECIAL EXCEPTION
REQUEST STABLE and RIDING ACADEMY
DATE: THURS, SEPT. 1, 2011 11:45 AM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
TOWN OFSOUTHOLD
ZONING BOARD OF APPEALS
SOUTHOLD, NEW YORK
In the Matter of the Application of
RECEIVED
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BOARD OF APPEALS
AFFIDAVIT
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STATE OF NEW YORK
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RETURN RECEIPT REQUESTED, a tree copy of the attached Legal Notice in
Prepaid envelopes addressed to current property owners sh. gwn on the current assessment
roll verified from the official records on file with the ( ~/Assessors, or ( ) County Real
Property Office for every property which abuts and is across a public or private street,
or vehicular right-of-way of record, surrounding the applicant's property,
(Signature)
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BR I OGEHRMPTON · NY
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2N~ NOI,CE~
CRASS
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
SOUTHOLD, NEW YORK
In the Matter of the Application of
AFFIDAVIT
OF
POSTING
(Name of Applicants)
Regarding Posting of Sign upon
Applicant's Land Identified as
SCTM Parcel #1000- {a q - S-- '7- )
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
_ S~t:i-ota~ res~&ng at ~3~ ~/~ ~; B~/)~~ ~
, New York, being duly swom, depose and say that:
Onthe ! -2d-/~ day of ,t~t'.//,-4./~7-" ,2011 , I personally placed the Town's
Official Poster, with the date of healing and natme of my application noted thereon,
securely upon my property, located ten (10) feet or closer from the street or right-of-
way (driveway entrance) - facing the street or facing each street or right-of-way entrance,*
and that
I hereby confirm that the Poster has remained in place for seven (7) days prior to the
date of the subject hearing date, which heating date was shown to be ~ ~0 ~ [
(Signature)
Sworn to be~re me this
Z~,~JlDay of./~{/~_..~, 201!
/ 'fl~t-~r,, P,,kl;,-,~ Notary Publtc~w York
~ ~[~'~ ...... ~ No 011'46053859
Qualified in Suffolk County 20/"~
Commission Expi,es January 22,
* ne~ the en~ce or driveway entr~ce of my prope~y, ~ the ~ea most visible to passerby.
ZONING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northfork.net
August 8, 2011
Re: Town Code Chapter 55 -Public Notices for Thursday,September 1,
2011 Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Times Review newspaper.
1) Before Au.qust 17th:
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to al_~l owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If
you know of another address for a neighbor, you may want to send the notice to that address as
well. If any letter is returned to you undeliverable, you are requested to make other attempts tn
obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability,
and to confirm how arranqements were made in either a written statement, or durinq the
hearing, providing the returned letter to us as soon as possible;
AND not later than August 24th: Please either mail or deliver to our office your Affidavit of
Mailin.q (form enclosed) with parcel numbers, names and addresses noted, along with the
green/white receipts postmarked by the Post Office. When the green signature cards are
returned to you later by the Post Office, please mail or deliver them to us before the scheduled
hearing. If any envelope is returned "undeliverable", please advise this office as soon as
possible. If any signature card is not returned, please advise the Board during the hearing and
provide the card (when available). These will be kept in the permanent record as proof of all
Notices.
2) Not Later August 25th: Please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at the subject property seven
(7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign
until Public Hearing) Securely place the sign on your property facing the street, not more than
10 feet from the front property line bordering the street. If you border more than one street or
roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your
Affidavit of Postin,cl for receipt by our office before August 30, 2010.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Encls.
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
MEMO
TO:
FROM:
DATE:
SUBJECT:
Planning Board
Leslie K. Weisman, ZBA Chairperson
July 6, 2011
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Request for Comments ZBA #6493 - Brian Glenn (Contract Vendee) for
William Bergrath
The ZBA is reviewing the following application, and enclosed copies of, ZBA application,
and latest map. The Planning Board may be involved under the site plan review steps
under Chapter 280 (Zoning), and your review and comments are requested at this time.
The file is available for review of additional documentation at your convenience for
reference if needed.
NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER
ZONE DATE DATE
STAMPED
Brian Glenn 69-5-7.1 #6493 280-13 5151tt Joseph
(CV) for AC Zone 280-t4 Fischetti,
Bergrath, P.E.
William
Your comments are appreciated by August 12, 2011.
Thank you.
Encls.
Suffolk Environmental Consulting, Inc.
Newman Village. Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003
(631 ) 537-5160
Bruce Anderson, M .S., President
June 29, ~2()l 1
HAND DELIVERED
Southold Town Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
Re:
Situate:
SCTM #:
Dear Board Members,
[:ax: (631 ) 537-529
RECEIVED
JUL 6 2011
BOARD OF APPEALS
O. W. MEAD FARMProperty
Special Exception ~tpph'cation
1 ~75 Ackerly Pond Lane; Town of Southold, New York
1000 -- 069 -- 0.5 -007.1
This Firm represents the owner of the above rdbrenced property, who is seeking a
special exception approval thereon. Accordingly, please find eight (8) copies of a
complete application package containing the following items:
(1) Town of Southold Application for Special Exception Package;
(~2) Affidavits & Authorizations;
(il) Full Environmental Assessment Form;
(4) ZBA Questionnaire;
(5) Certificate of Occupancy No. Z10~82, issued December 1, 1.980;
((~) Certificate of Occupancy No. Z-~28~85, issued June s, ~00~2;
(7) Town of Southold Property Card;
(8) Deed of subject property, dated October ~1,
(.9) Contract of Sale of subject property, dated February 10, ~2011;
(lO)Declaration of Covenants & Restrictions regarding the underlying
subdivision, dated May 2~2,
( 1 ~)Easement Agreement, dated November ~2~2, 1~+;
(l~)Photographs of the property indicating current conditions thereon;
(~,~)Agricultural Data Statement;
( 14)Town ofSouthold LWRP Assessment Form;
( 15)Town of Southold Erosion, Sedimentation & Storm-Water Run-Off
Assessment Form;
(16)Location Map; and
( 17)Survey prepared by PI, iCONIC SURVEI"OR& P.(2, last dated June ~27, ~2011,
indicating all existing and proposed conditions thereon;
l(indly review the enclosed application submission and schedule the matter fi)r the next
available hearing date. Should you have any questions, please feel free to contact this
office with any questions. Thank you as always fi)r your attention and consideration.
Bruce A. Anderson
w/enc.
cc. B. Glenn
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard p. Goehringer
George Homing
Ken Schneider
http://southoldtown.north fork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax {631) 765-9064
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
November 18, 2011
Brace A. Anderson
Suffolk Environmental Consulting
P.O. Box 2033
Bridgehampton, NY 11932~2033
RE: ZBA Application #6492 & 6493 - Glenn (Contract Vendee)
Dear Mr. Anderson:
Transmitted for your records is a copy of the Board's November 17, 2011
Findings, Deliberations and Determination, the original of which was filed with the Town
Clerk regarding the above application for variances.
Before commencing any construction activities, a building permit is necessary.
Please be sure to submit an application along with a copy of this determination to the
Building Department.
If you have any questions, please call the office.
Sincerelv~ ,
Vicki Toth
Encl.
Cc: Building Dept., Planning Board