HomeMy WebLinkAbout6492
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jn
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · ED. 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.northfnrk.net
ZONING BOARD OF APPEALS RECEIVED
TOWN
OF
SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF NOVEMBER 17, 2011 $outhold Town Clerk
ZBA FILE: 6492
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, 2011.
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 properly 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 Variance from Code Sections 280-13 and 280-14, based on an
application for building permit to operate a riding academy and keep, breed, raise and train horses, and the
Building Inspector's February 14, 2011, Updated June 28, 2011, Notice of Disapproval stating that the existing
single family dwelling and horse farm and the proposed additional use of a riding academy) on this parcel in the
AC zone is not permitted because the proposed uses exceed the code permitted number of uses per the Bulk
schedule of 80,000 sq. ft. per use.
RELIEF REQUESTED: The applicant is proposing to construct a barn with stalls and an attached riding arena to
be used as a riding academy. The applicant proposes to continue the pre-existing uses of a single family dwelling
and a horse farm ("the keeping, breeding, raising & training of horses") on the subject parcel. The subject parcel is
10 acres which is the minimum lot area required by Code for a horse farm.
While the strictest interpretation of the code, per the Building Department's Notice of Disapproval, requires 10
acres for a horse farm, 2 acres for a single family dwelling, and two acres for a riding academy use on the subject
Page 2 of 4 - November 17, 201 I
ZBA File#6492 Glenn/Bergrath
CTM: 1000-69-5-71
property, the Board recognizes that the existing dwelling pre-dates the creation of the subject horse farm by the
Southold Town Planning Board in 1994 and that it has lawfully existed with the horse farm on the 10 acre parcel
since that time. Therefore, the Board finds that the existing dwelling and horse farm on 10 acres constitute one use
and that this application for an area variance is to permit a second and related use of a riding academy where the
bulk schedule requires an additional 80,000 sq. fi.
ADDITIONAL INFORMATION: An Application for Special Exception, ZBA #6493, for a "Stables and Riding
Academy" on the subject parcel is applied for concurrent with this Appeal. Testimony and letters received from
adjoining residential property owners expressed opposition to the application for 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).
The Board of Appeals requested comments from the Planning Board and in a Memo dated August 12, 2011, the
Planning Board states they support the granting of the area variance and Special Exception permit because "the
parcel was used as a horse farm with a residence when it was created at its current size often 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 found that the application is consistent with the Town's goals
of promoting agriculture. The proposed application also requires site plan approval from the Planning Board, which
the applicant has also applied for.
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. 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.
FINDINGS 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 presented. Based upon all testimony, documentation, personal inspection of the
property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true
and relevant and makes the following findings:
1. Town Law l~267-b(3)(b)(l}. Granting of the requested variance will not produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. 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. As a condition
of approval a covenant was filed restricting much of the subject parcel to an agricultural use. Under this covenant,
agricultural buildings are allowed if necessary to conduct the agricultural use. The proposed barn and arena will be
used to board and train horses and conduct riding lessons (the riding academy use) which are compatible and inter-
related to the existing horse farm operation. The proposed arena is the standard size defined by the industry as safe
and necessary for training horses and teaching dressage. The barn/arena are architecturally in keeping with the style
of other barns and dwellings in the neighborhood. The pre-existing single-family dwelling will remain with no
proposed additions or alterations. The applicant proposes to improve the subject parcel by removing any
encroachments currently on the shared R.O.W. easement from Ackerly Pond Lane used by the horse farm (lot 1)
and the three residential property owners in the subdivision (lots 2, 3, and 4). They also propose to remove two
barns/turn-ins that were built without permits and obtain CO's for all existing and proposed structures as required.
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant, with respect to the subject parcel, cannot be
achieved by some method, feasible for the applicant to pursue, other than an area variance. The subject parcel has
insufficient square footage to permit the requested riding academy use without requiring an area variance.
Purchasing additional contiguous acreage to conform to the required minimum lot size for the existing uses and the
proposed riding academy would not be financially feasible, even if adjacent property were available.
Page 3 of 4 November 17,2011
ZBA File#6492 Glenn/Bergrath
CTM: 1000-69-5-7.1
3. Town Law §267-b(3}(b}{3). The variance granted herein is not mathematically substantial, requiring a 15.5%
relief from the code required bulk schedule of 515,600 square feet (435,600 sq. ft. for the existing horse farm and
dwelling, with an additional 80,000 sq. ft needed for the proposed riding academy). Moreover, the proposed
variance is mitigated when considering that the horse farm with dwelling are lawfully pre-existing and that
constructing the proposed barn/indoor riding arena (the riding academy use) is an activity that is related to the
existing horse farm operation. Also, the barn/arena is conforming to all other dimensional code requirements
(height, lot coverage, and setbacks)
4. Town Law 1~267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
dwelling, riding lessons, boarding, and training of horses that have occurred on this property will continue. 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 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 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.
5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant (Glenn) is proposing to
purchase the parcel under the Zoning Code that is currently in effect and it is presumed that the applicant has actual
or constructive knowledge of the limitations on the use of the parcel under the Zoning Code.
6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a single-family dwelling, horse farm, and riding academy on the subject parcel
while preserving and protecting the character of the neighborhood and the health, safety and welfare of the
community.
In considering all of the above factors and applying the balancing test under New York Town Law 267-B,
the Board finds that the benefit to the applicant outweighs the detriment to the health, safety, and welfare
of the neighborhood or community.
RESOLUTION OF THE BOARD: motion was offered by Member Weisman (Chairperson), seconded by Member
Schneider, and duly carried, to
GRANT, the variance 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 architectural
drawings by Joseph Fischetti, P.E. dated May 5,2011 and labeled Sheet No.: 1 (elevations) and 2 (floor plan).
Conditions:
1. Suitable fencing shall be installed as to prevent any horse escapes from the subject parcel to adjacent
properties.
2. The two existing barns/turn-ins built without benefit of permits shall be removed or relocated to code
conforming locations and legalized with CO's.
3. CO's shall be obtained for all existing and proposed structures on the subject property
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site
maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or
condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Page 4 of 4- November 17,2011
ZBA File#6492 - Glenn/Bergrath
CTM: 1000-69-5-71
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of
nonconformity.
Fore of the Board: Ayes: Members Weisman (Chairpersond, Goehringer, Dinizio, Schneider.
(Absent was: Member Homing) This Resolution was duly adopted (4-0).
Leslie Kanes Weisman, Ohair?erson
Approved for filing// //)t /2011
KE-Y MAP
SC/:~,,LE' I" = 600'
RAIN RUNOFF CONTAINMENT
BARN-~ENA I91512 scl. fl,
I9512 x l * OJT ' 3,$17 cu, fl,
5317,'~2 = 79 VF
PROVIO~ 7 Dt2 ~e~ 8' ~ ~ 12' deeM
PARK~ ~ DRIVE ~CA PAV~NT)'
8,690 ~.[I. ~
8690 ~ 0.6 x OJ7 ~ 886 cu.~.
886/4~ = 21 VF
PROVID~ 2 Lea~g Pool~
NOTE'
COVENANTS AND RESTRICTIONS
A?PL Y TCT THIS PROPERTY
UTILITIES
FELLS
SEPTIC S'~"STEMS
G.,4 S
ELECTRIC
CABLEVI, S~;~N
8'~ ~ I,? deep
NO TE,
SUBSURFACE SEWAGE DISPOSAL
SYSTEM DESIGN
JOSEPH FISCHETTI, P.E.
HOBART ROAD
SOUTHOLD, N.Y.
(631) 765 2954
5
B A R N'
.
/
/
/
0,%
6:./
25'
PARKING
2 - DWELLING
I0 - BARN
12 TOTAL
INCLUDES ONE HC. STALL
,- .. ~-~ ~ / ~
OF PROPERTY
PLAN
A T SOUTHOLD
TO WN OF SOUTHOLD
COUNTY,
SUFFOLK '
1000 69 05 I I
j" 40'
-- : ZONING
~ May 3~ 2011
uu~E m. ~o, ¢.~d,~o,.~ SCHOOL
FIRE DISTRICT~ . 28 (SOUTHOLD) I
A P?L ICA N T~ ~
BRIAN S. GLENN ~
CIO- ~UFFOLK 'ENVIRONMENTAL CONSUL TIN~
P.O. BOX 2003 ~
JUL 6 ~1~
!
:INAL MAP
~,EVIEWEO BY ZBA
,SEE DECISION #~/¢~'.
DATED I / I [7. I/_ / :
ELEVA TIO~..E ANO CONTOURS ARE REFerENCED
TO N6VD.
BOARD OF APPEALS P.e.
(EGII F65-50EO 765-17'97
P.O. BOX 909
Ig30 TRAVELER STREET
AREA = /0.004 Acres $OUTHOLO,.N.Y. IIg?'I 99-3/8
NORTH ELEVATION
EAST ELEVATION
SOUTH ELEVATION
WEST ELEVATION
IFINAL MAP
REVIEWED BYZBA
SEE DECISION if
DATED ~ / /2/ //
May 05, 2011
SCALE:
SHEET NO:
36' O" 2OO'-O"
11'-3T' .~/ 12'-1" /,~' 11u3Y2,, ii:: ~! :i" ~:~:ii !~ ::]:: :: ii 198'-113/~'' ~i~ ii:: :::::: ~:~ :: !!:; J.::" ]i
TACK
STALL ~ J [ ~: ~ " : ~ ~ :: ' "[
I/ ~ ROOM : : : J : ~ :
STALL STALL ~[ 'I J : ~ I~ ~ :: ,;
STALL STALL
=
11'_3~" 12u1" ~'-3~" ~ 11'-3~"
51 Il 9 FINAL MAP
~ ~l ~ ~ ~ ~ ~ REVIEWED BY ZEA
Z~~I ~ ~ SEE DECISION ~ ~
60' O" 176'-0"
FLOOR P~N Hay 0~, 2011
SCALE:
SHEET NO:
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
d .~x Ch.i~
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To:
From:
Date:
Re:
Leslie Weisman, ZBA Chairperson
Members of the Zoning Board of Appeals
Martin H. Sidor, Chairman
Members of the Planning Bo~d
August 12, 2011
Request for Comments for G.W. Meade Horse Farm
SCTM#1000-69-5-7.1 ZBA#6492
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
RECEIVED
RECEIVED
AUG 1 6 2011
BOARD OF APPEA£$
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.
DEPARTMENT OF PLANNING
COUNTY Of SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
BOARD OF APPEA[.~
SARAH LANSDALE, AICP
DIRECTOR OF PLANNING
Town of Southold ZBA
PO Box 1179
Southold, NY 11971
Att: Leslie K. Weisman Chairman
Dear Ms. Weisman:
July 13, 2011
Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative
Code, the following applications submitted to the Suffolk County Planning Commission are to be a
matter for local determination as there appears to be no significant county-wide or inter-community
impact. A decision of local determination should not be construed as either an approval or
disapproval.
Applicants
Municipal File Numbers
Cifarelli, David & Lisa
Bergath, William (c/o Brian Glenn)
6488
6492
TRK:ds
Very truly yours,
Sarah Lansdale
Director of Planning
Theodore R. Klein
Senior Planner
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044
'/~PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Ch~r
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WlLCENSF3
October 18, 2011
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
F~x: 631 765-3136
Mr. Brace 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 at%3'?5~Ackerly Pond Lane, SouthOld
'' SCTM#1000-69.-5-7.1 Zoning District: A-C
Dear Mr. Andemon:
The following i-es~lUtion was adopted at a meeting of the Southold Town Planning Board on
October 19, 201 h
The public heating was held open through the public heating on November 14, 2011.
WHEREAS, This site plan is for the prtposed consti-uetmn elf 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, thc 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
IVIARTIN H~ SIDOR
Chair
WILLIAM J. CRE1VI~RS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
sate
NEGATIVE DECLARATION
Notice of Determination Non-Significant
October 17, 2011
MAILING ADDRESS:
P.O. Box 1179
Southold, NY i1971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
F~x: 631 765-3136
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
Environmenta 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 bam 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.
Reasons Supporting This Determination:
An Environmental Assessment Form has been submitted and reviewed. The
determination was based upon the following:
_ ~ ~$ ~.VV. Me~de SEQR Ne.q~tive Dec arat on - P~,qe Two
Soils on site consist of Haven Loam (HaA) 0-2 pement slopes and Plymouth Loamy
Sand (PIB) 3-8 pement 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~_. !mpact 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.
RECEIVED
2.4. Flooding
G.W. Meade SEQR Ne.qative Declaration - Page Three
BOARD O~ 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 no~t 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 majodty 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 sign ficant 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 NeRative Declaration - Pa~e Four
.
The parcel 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 read). The proposed
barn/arena is not directly visible from Ackedy Pond Road, therefore, no substantial
adverse impacts to aesthetic resources are expected to occur.
Impact on Historical and Archeoloflical 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 Barn 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 Critical Areas
The proposed action is not located within a New York Department of Environmental
Conservation Critical 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 Puritan Farms. The common driveway serves three improved residential
lots. Note that the common driveway lacks drainage structures and there is evidence
that the storm water ponds on Ackerly 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 Ne.qative Declaration - Pa.qe Five
RECEIVED
OCT ~ 4 ZOO!
Figure 2. Common ddveway relative to mapped catch basins on Ackerly Pond Road.
Impact of Energy
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 horse 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 Horse Stable Septic
System. The number of horses 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.
BOIX~.0 O? ~,99Eik~-5 G.W. Meade SEQR Negative'Declaration - Page Six
Impact on Growth Character of Community or Neiflhborhood
The parcel is zoned Agricultural Conservation (A-C), the purpose of the district as
stated by §280-12. 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 con~ro/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 barn connecting to a 14,400 square foot indoor
arena for the keeping/breeding/raising and training of horses and adding academy with
10 parking spaces are necessary for the preservation of the agricultural use (horse
keeping/breeding/raising and training).
The proposed action is not in a significant matedal 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 Vedty, Chief Building Inspector
Brian Cummings, Planner
MEMORANDUM
To: Martin Sidor, Chair
Town of Southold Planning Board
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: October 13, 2011
Re: Proposed Site Plan for G. W. Meade
SCTM# 1000-69.-5-7.1
RECE]'VED
NOV ~ 201!
BOARD OF APPEALS
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 sf. 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 important archaeological resources at this time.
To further the intent of the above policy it is recommended that an archeologist be on-s te during
the excavation of the building foundation and footings.
Cc: Brian Cummings, Planner
R E:C~C.l'U~cD
BOARD OF APPL: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 Hail Annex
54375 S~ate Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
November 2, 2011
Mr. Brace Anderson
Suffolk Environmental Consulting
P.O. Box 2003
2322 Main Street
Bridgehampton, NY 11932
RECEIVED
NOV
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 fi.om 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 nm-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:
"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."
"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
NOV 3 201~
BOARD OF APPEALS
TO: B r lag_F_dew,
<- P-OBox 1071
Riverhead, NY 11901
TOWN OF SOUTHOLD
FORM NO. 3
NOTICE OF DISAPPROVAL
RECEIVED
JUL 6
BOARD OF AppFAL$
DATE: 02/14/11
Updated: June 28, 2011
Please take notice that your application dated February 3, 2011
For keeping, breeding etc...of horses and operation of a riding academy at
Location of property: 1375 Ackerly Pond Lane, Southold, NY 11971
County Tax Map No. 1000 - Section 69 Block 5 Lot 7.1
Is returned herewith and disapproved on the following grounds:
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 & training of horses is permitted on lots of 10 acres or more.
And according to the Bulk Schedule, one use per 80,000 sq. fi, is allowed
/he property is 10 acres._lherefore, the multiple uses are not permitted.
Also, the proposed application requires Site Plan approval from the Southold Town Planning
Board. In addition, Special Exception approval for the riding academy is required from the
Southold Town Zoning Board of Appeals.
Authorized Signature
CC: file, ZBA Planning Bd.
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
F~ $ ~ F~I~d By~ A~igam~nt No
~ RECEIVE~ ,~
...... OF APPEALS
APPLICATION TO THE SOLrFIiOLD TOWN BOARD OF APPEALS
HoUse No. 1.~75 Street Ackerly Pond Lane Hamlet
SCTM 1000 Section o69 Block 05 Lot(s) . oo?.l Lot Size q~$5,77-k sq.ft. Zone AC
I (WE).APPEAL THE WRITTEN DETERMINATION OF THE, BUILDING INSPECTOR
DATED June es, OOl 1 BASED ON SURVEY/SITE PLAN DATED June o7, ~2011
Applicanqs)JOwner(s):,, B,RI,AN ~. GLENN
Mailing Address: +1 Cutlas Street; Riverhead, New York
Telephone:(6$1) +o{- 8581 Fax: · N/A Email: N/A
NOTE: In addition to the above, please complete below if application Is signed by applicant's attorney, agent,
a~chltech builder, contract vendee, etc. and name of person who agent repreaents:
Name of Representative: Bruce A, Anderson (Suf[blk for (X) Owner ( )Other:
Envzronmenta! Consultzng, lac,)
Address: P.O. Box coos Bridgehampton, NY 1195~
Telephone:,,(,6$1) 557-51,60,,, Fax:(~$1) 5s?-5~29! Email: bruce~suffolkenvironmental.com
Plea~:e chicle to ~oe¢if,F wlio Jvu a,~correspond*ncn to be mailed to, froth the above nantes..
( ) Applicant/Owner(s), (4~ Authorized Representative, ( ) Other Name/Address below:
W u ¥.RI~,~iy ~ BUILDING INSPECTOR REVIE~VED SURVEY/SITE PLAN
DATED June~, eofi ~. and DENIED AN APPLICATION DATED June ~7, ~2o I 1 FOR:
(4) Building Permit
( ) Certificate of Occnpancy ( ) Pre-Certificate of Occupancy
( ) Change of Use
( ) Permit for As-Built Construction
( ) Other:
Provision of the Zoning Ordinance Appealed. (ladlcate Article, Sectloa, Subsection of ?~nlng
Ordinance by nt~mbers. Do ne4 quo(e the rodeo
Article: ,ff 111 Sermon: ~28o-~ & ~8o-1+ Subsection:
Type of.q~peal. An Appeal ~s ma. de for-'~-' -
(~) A Variance to the Zoning Code or Zoning Map,
( ) A Variance due to lack of access required by New York Town Law- Section 280-A.
( ) Interpretation of the Town Code, Article Section
( ) Reversal or Other
A prior appeal ( ) has, (4~has not been made at any time with resoect to this property,
UNDER Appeal No(s). Year(s). . (Pie~ ~e s~re to
re,~arc, h before completing l],$ que.~tion or coil o~tr offiee Jbr c~zistonce)
' Nam~ of Owner: File #
REASO..NS. FOR APFF. akL (~£~_o~_.al~ b~e used witl~ vrevarer'~ signature):
AREA VARIANCE REASONS:
(1) An unde~able chaage wffi not be produ~d in the C~C~R of the neigh~ood or a
de~iment to nearby prope~ies if gran~, b~au~:
t'LEASE REFER to the ATTACttEI) AI)I)ENI)UM.
(2) The ~nefit ~ught by ~e app~cant C~NOT' be achieved by ~mc me~hod feasible for the
appfieant to pu~e, other than an area variance, because:
(3) The amount of relief requested is not substantial becaztse:
(4) The variance will NOT have an adverse effect or impact un the physical or cnx4ronmental conditions
in the neighborhood or district because:
(5) Has the alleged difficulty been self-created. ( )Yes, or ( ),No.
Are there Covenanis and Restrictions concerning this land: I ! No. l I Yes
This i$ thc MININIIJM that is necessary and adequate, and at the same time preserve and protect the
character of II~e neighborhood and the health, safeOd, and welfare afthe community.
Check thia box ( ) .11; A~USE VARIANCE IS BEING RFi~.UESJ~ED, AND
PLE, qSI~ CO~IPLETE TIlE
Notary
M~tthew D. lv~,n$
Not~r F [,icolN~wYork
Oua,ifie6 in & rrol[ County
Commission
Signature of Apl~ellanl or Authorized Agent
JUL 0
BOARD OF APPEALS
TOWN of SOUTHOLD
ZONING BOARD of APPEALS ADDENDUM
regarding the G.W. MEADE FARMPropertf
Situate: 1375 Ackerly Pond Lane; Town of Southold, New York
SCTM #: 1000 - 069 05 007.1
.4RE~I 1,4RI. d~* (~ E REztSOi~,S.-
(1) An undesirable change will not he produced in the CHARACTER of the neighborhood
or a detriment to nearby properties it' granted, because:
The character of the neighborhood will NOT be adversely impacted in that this property
has existed harmoniously within this area in the same use capacity for years (i.e., single-
famil_v dwelling ~ horse farm). Additionally, there are many instances of similarly-sized
properties operating horse farms within the Town of Southold that have not resulted in
any form of undesirable change to the surrounding neighborhood.
(2) The benetit sought by the applicant CANNOT be achieved by some method lbasible for
the application to pursue, other than an area variance, because:
The benefit sought by the applicant CANNOT be achieved by an alternative method in
that. again, this property has operated as a horse farm for many years. It is due to the
Town-specific requirements changing over time with respect to these uses that this
proposal to further improve upon the horse farm (i.e., constructing a barn/indoor ridin~
arena) will now require variance relief. Obtaining additional contiguous acreage to
conform to the required minimum lot size requirements for these existing uses is not
feasible in that it would prove to be financially impossible, even if adjacent acreage were
available.
(3) The amount of relief requested is not substantial because:
No, the amount of relief is not substantial in that the requested relief amounts to only
e8.6% of the overall requirement. Additionally, in that this horse farm has existed
harmoniously within this area for many years without any form of adverse impact, the
inclusion of a barn/indoor arena to further enhance this property cannot be deemed a
substantial variance request.
JUL 6 ~011
BOARD OF APPEALS
The variance will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because:
The physical or environmental conditions within this area will NOT be adversely effected
in that, again, this property has existed harmoniously within this area in the same use
capacity for years (i.e., single-Familv dwelling & horse Farm). Additionally, again, there
are many instances of similarly-sized properties operating horse farms within the Town
of Southold that have not resulted in any form of undesirable change to the surrounding
neighborhood. Furthermore, this project is required to secure full approval from the
Suffolk County Department of Health Services for wastewater prior to obtaining a
building permit.
(5) Has the alleged difficulty been self-created? ) Yes, or ( X ) No.
No. The property has existed in this capacity for years (i.e., single-family residence &
horse farm), with only the introduction of restrictive regulations that result in this
proposal requiring variance reliefi Consequently, this difficulty has not been self-created.
Are there Covenants and Restrictions concerning this land: ( ) No. (X) Yes ',ple.sefi,,-,,td~
~).
This is the MINIMUM that is necessary and adequate, and at the saine time preserve and
protect the character of the neighborhood and the health, safety, and welfare of the
community.
Applicant:
~PPLICANT'8 PROJECT I)ESCRIP~
(For ZBA Refexenc~)
Bruce A Anderson ~ Suffolk
Envtronmenla] Consulhng, ]nc. Date Prepared:
June ~9, ~011
L For Demolition of Existing Building Areas
Please describe areas being removed: Applicant proposes to remove the northerly FRAME BUILDING.
Additionally_z, appli_~c,a, nt may remoy,e.the southe~'ly FP~,ME BUILDING should relocation of sam~ not be
feasible.
lqca~c n.t~t.i t~, thc
II. New Constlqlction Areas (New Dwelting or New Additions/Extensions): attaclwd Add¢,ndum
Dimensions of fimt floor e~tension:
Dimensions ofn:w second floor:
Dimensions of floor above second levcli
Height (from finished ground tn top of ridge): '
ls basement or lowest floor asea being coma-acted? If yes, pjeasc prov/de height (above 10'ound)
measured from natural existing grade to first floor:
m, Proposed Construction Description (Alterations or Structural Changes)
(altech extra ~heet if~ecegsary) - Please descffoe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
N/A
IV Calculations of building areas and lot coverage (from surveyor):
Existing square footage ofbui dings on your property: ~'J~,¢sqP ~quare feet --
Proposed increase of building cover-ag,e: 18¢2?0 sq. ff + increase (ss, 9so sq. ct + total ro osed buildin coverage
Square footage ofyour lot: +ss, 77,1~.~24~ (~0.004 acres) P 'p g -- '
Percentage of coverage of your lot by buiiding area: ~.s % existing v,~:, 5.5% proposed
Purpose of New Construction:
Utilize property to include for SinglbZF¥~i~[7~idende'~ ~g Horse Farm.
VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land
The topography of the majority of the property is characteristically flat, although there are some slopes in excess of
10% - 15% located along the northern property boundary. The property is improved with a lawfully existing single
family dwelling & appurtenances, a frmne barn and two (~2) fi'nme buildings The property is mostly comprised of open
field, with areas of typical residential lawn & landscaping, and woodlands Difficulties stem from the historical
development of the site
]Please sub~it Seven (7) p~aotos, labeled to show different angles of yard areas after staking corners
for new construction), and photos of building area to be altered with yard view.
7/2002; 2t2005; 1/2007
JUL 6 ZOll
BOARD OF APPEALS
QUESTIONNAIRE
FOR FILING WTI'H YOUR ZBA APPLICATION
Is the subject premises listed on the real estate market for sale?
Yes X No
Axe there any proPOSals to change or alter land contours?
No ..... ~.. Yes, please explain on attached sheet.
Elevations to be increased in areas
zurrvundm~.t4~-~Wr4vl~s*4,~arn & Arena
,D.
1.) Are them areas that contain sand or wetland grasses? No.
2.) Are those areas shown on the Survey submitted w{th this apphcatton, N/A
3.) Is the property bulk headed between thc wetlands area and the upland building
area? N/A
4.) ff your property contains wetlands or pond areas, }!ave you contacted the Office of
the Town trustees for its determinaiion of jurisdiction? N/A _Please confmn status
of your inquiry or application With the Trustees N/A.
and if issued, ptease attach copies of permit with conditions and approved survey.
Is there a depression or sloping elevation near the area of proposed construction at or
below live 'Feet above mean sea level? No.
Are tl~m any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting? No. Please show area Df the
smactures On a diagram finny exist. Or state none on the above line.
gamg~, pool
uthonzed s~gnature and Date
Do you hav~ any construction taking place at this time concerning your
pmmi~e~? No. If yes, please submit a copy of your building permit and survey as
approved by the Building Department and please describe:
Plea.se attach all pm-cortifieates of occupancy and certificates of occupancy for the
subj~t premises.~ finny are lacking, please apply to the Building Department to either
obtain them or to obtain an Amended Notice of DisapprovaI,
Do you or aUy co-owner also own other land adjoining or close to this parcel? No.
I£y~, please label the proximity of your lands on your surveYsl,g~e_V.mUy Dw~n~ng; Stables/Riding
Academies; Keeping/Breeding/Raising/
Please list present use or operations eondueted at this parcel Training Horses
~__ and the proposecl use Same w/Indoor Arena
· (ex: ~L~ting ~Jngle fanlfty, Wop0s~]: same with
RECEIVED~
BOARD OF APPEALS
AGRICULTURAL DATA STATEMENn~
ZONr C BOA .r Or APPr., S
TOWN OF SOUTHOLD
WHEN TO USE THI$ FORM: The form must be completed by the aptdicant for.any special use perm~ site
ldan adaproval, use varlattce, or subdiv~slon approval oB prolaert~ within an agrleultural dtmtrict OR within
$0.0 feet O~ a farm opera~on located in agricultural distrie~ All aplMieations requirlng an agricultural data
gtat~ment raumt be referred-to the Suffolk :Connty Department of Planning in accordance with Sections 239- '
tn.arid 239-n of the General MunicOml Law.
!) Name of Applicant: BRUCE. A. ANDERSON (Suffolk Environmental ConsultinK, Inc.) .~ .
2) Addres~ ofApplicantLP.- O.. Bo_ x~O_0~£B_~r~a_m~n Ne~,w.~_Y_or_.k~ '_13~$~,,9,__~
3) Namo-0f Land Ownor (ffother than applicant): BRIAN S. GLENN
4) Adi:lr~ss of Laird Owner;_~' ..................... ~_ Cutlas Str,e~et-z~Riverhead~N~¢~ York 119~p._~ ....
5) Description of Proposed Project: Please refer ~to the attached Proiect Description.
6) I~eation of Property (road and tax map number): lS76 Ackerly Pond-Lane SCTM#: lOOO-OO9-o0-oo7. ~
7) [s-the parcel within an agfi~ultaral districi? E~]No [~]Yes'If yes, Agricultural District Number
8) Is this parcel activety farmed? I~lNo [~]Y~
9) Name and address of any owner(s) of land witMn the agricultural district containing active farm
operation(a)'located 500 feet o£ thc boundary of the proPOsed groject. {ln[ormatiol~ may be available through
tho Tgwn Assga~ora Office, Town Hall lo,at, ion (765-1937) or from any public compum at th~ Town Hail
locations by viewing thc parcel numbers on thc Town of Southoid l~eal Property Tax System.
I~am~ and Address
I. FRANK LOCCIASANO: e~ Rurnett Street: Brooklyn_ ~N¥ 1 l!Z!z9
~ ~- ~'-/~ 2. DESDAL, LLC: P.O. Box 151; PecoMc, NY 11958 3. ~LLIAM SMITH: P.O. Box lg$8; Cutchogu~,
4.~FLOWER HILL BUILDING CORP.: P.O. Box 5~: Syosset, NY 11791
(PlesSc 6kc bac,k sicl~ of page if more than six prop~ro' owners are identified.)
The lot numlj~s ma]{ be obtained, in advance, vthen requested'from tither thc Office of t~ Pl~ing Bo~ at
~ 1938 or~e ~gl~of A~s at 765 187. '
I. ~ I~ ~d ~11 ~li~t c~m~B'from ~e o~ of t~ id~fifi~ a~< in o~ to ~d~ the ~ of~c ~ actidn
on ~ ~ op~6o~ Solicitafi~ will.~ ~ by supply{ng a ~y of~is
2. ~m~ ~m~ to ~ [o~[ b0~d ~11 be ~ in~ ~n~d~on aa ~ of~ oval ~w ~this appli~tiqn.
zd~tifi~ a~e. ~e ~t f~ mailing shall ~ paid ~ t~ a~l~m ~ the 6ma.the ~li~bn is m~it~ f~ m~ew Failure lo ~ay at
~ch ti~ m~5 th~ a~]i~li~ is ~t ~mpl~te ~d c~nol b~ ~t~ up~ by ~ ~a~
~ECEWED ~-~
gO/k~D OF APPEALS
617.20
Appendix A
State Environmental Quality Ravia w
Created on 5/25/05 l l.'20 A~ULL ENVIRONMENTAL ASSESSMENT FORM
RECEIVED
JUL6 2011( /
BOARD OF APPEALS
Full EAF Components; The *ull EAF is comprised o+ :hree par~s
Part 1:
Part 2:
Focuses on identifying the range of possible impacts that may occu~ flora a project or action It
provides guidance as to whether an impact is likely to be considered smell to moderate of whether it is
s potentially large impact The ~orm also identifies whether an impact can be mitigated or leduced
If any impart in Part, 2 is identified as potentially large, then Part 3 is used to evaluate whether or not
the impact is actually impoltant
DETERMINATION OF SIGNIFICANCE ,- Type 1 and Unlisted Actions
Idenbfy the Portions of EAF comf)lated for th~s project:
Upon review of the ~*ormedon recorded on this EAF (Parts 1 and 2 and 3 if appropriateL and any other supporting
information, and consideribg both the magnitude and in, port,rice of each impact, it is reasonably determined by the le~cl
agency that
A
The proiect will not result in any large aP41 important impact(s} 8nd, therefore, is one wbich will
r~t have a significant impact on the environment therefore a negative declaration will b~
I~epared.
B
Although the project could have a significant effect on the any ronment, there will not be e
significant eC~ect tot this Unlisted Action becau~ the r~dtigation measures described in PART 3
have been required, therefole a CONDITtONli~ negative declaration will be prepared.*
The project may lesult in one or more large and important impacts that may have a significant
impact on the environrqe~t the afore a positive declaration will be prepared
Conditioned Negative Declaration is of~lf valid for Unlisted Actions
Name of Action
Pribt o~ Type Name o~ Responsible Officer in Lead Agency Title of Responsible O~+icer
Signature of Responsible Officer in Lead Agency Signature o¢ Preparer (if different from responsible officer}
RECEZVED
JUL 0 7 2011
PART1-*PROJECT INFORMATION ~ ~f ~
Prepared by Project Sponsor BOARD OFAPPEAEs
NOTICE This document is designed to assist in dezermining whethel the action proposed may have a signihcam effect o~ the
environment Please complete the entire form. Parts A through E Answers to these questions will be coosi~ered as part of the
application tot apf~roval and may be subject to rurthel verification and public ~e.,iew Provide any ~ddRional infolmation you
believe will be needed to complete Pa~s 2 and 3
It is expected that completion of the *ull EAF will be dependent on info~mation currently available and will not involve new
studies, research or ~vestigaOon If information ~equiring such additional work is unavailable, so indicate ~nd specify' each
G.W. MEADE FARM Property
1 $75 Ackerly Pond Lane; Town of Southold, New York
BRUCE A. ANDERSON - SuffolJi Environmental Consult/~g,
Address
P.O. Box ~oo5
~631~537- 5160
Bridgehampton New York 1195g
BRIAN S. GLENN ,6s~ ~0~ - sss~
Addross
+t Cutlas Street
Riverhead New York 11901
PLEASE REFER to the ATTACHED PROJECT DESCRIPTION.
Please Complete Each Question--Indicate N.A, if not applicable
A. SITE DESCRIPTION
Physical setting of overall project, both developed ~nd undeveinped areas
1 Present land use: ~ Urban ] Industrial ] Commercial
] Forest · Ag~culture ] Other
2 Total acreage of projec: area _1_0_.OO~ ~cres
APPROXIMATE ACREAGE
3
~ Residential(suburban~ ] Rural(non farm}
PRESENTLY AFTER COMPLETION
Meadow o¢ Brushland (Non agricultural', O.0 acles 0,0 acres
Forested 0.56 acres 0.56 acres
Agricultural ~' nc udes orchards, cropland, pasture, etc I 9.$ ] ecre~ 8.7 acres
Wetland(Freshwater or tidal as pel Articles 24,25 of ECL', O.0 acres 0.0 acres
Water Sur*ace A~ea _ O.Q 9cres O.O acres
Unvegeteted (Rock, earth ol fill} 0.0 acres 0.0 acles
Roads, buildings and other pa',,ed surfaces O. 13 acles .7~ acles
Other ,'.Indicate type~ ...... ~:~_ acres __~.__O___ acres
What Js predominant soil type(s; on proiect site? --
Haven Loam (55%); Plymouth Loamy Sand (31%);
..... Riverhead Sandy Lbam (1~%)
Soil drainage ~i~ Well d~ai['~d 100 :% of site ] Moderately weft drained % of site
If any agricultural land is involve, how many acres of s~l a~e clarified within soil group 1 through 4 of the NYS
L~nd Classification System? 6.9 acres ,'~e 1 NYCRR 370}
Approximate pefcen*.age of proposed p*oject site with slopes · 0 10~: 95 +-- % :~ 10 15% ~ ± %
~ 15 ~ or grea te~ $ ± %
Is projec~substantiallycondg~us ~o. ol containa bui~ing si~e. o d~ ct. listed onthe Stateo~ the Net~nel Registe~so'
ECL, and 6 NYCRR6177 ~ Yes ·1'4o
20 Has the site e~e~ been used *or the disposal o* ~olid o~ haz~ldous ~,,,ssl, es?
Yes · No
B, Project Description
Ph,~sical dimensions and scale o~ projec,~ ~?ill m dimension~ as app~opria_e,
d Length o* project N~ miles N/A, * appropriate;,
g Maximum vehicula~ trips generated per hour ~ (upon completion ot project!
6
7 Is project substantially contiguous to a site lisl. ed on ~he Registel of National Natulal Landmarks? ~ Yes · No
8 What is the depth of the wate~ tame ? ]~_O.~_ ~ (iF~ ~eet :.
9 IS site located ove~ a primar.r principal, or sole source aqui%~? · Yes 23 No
10 Do huotir~g ¢ishing o~ shell ~ishing opportunities prese*~tlv exist m the project alea? ~ Yes · No
11 Does p~oiect site contain any species o* plant ol animal li*e that is identi'ied as ~hleatened o* endangered?
$~ tTo l l~
Environmental
Inc.
'f es · i'4o Accofdi*-,g :o ~onsu.t.n~,
a Name N/A b Size ,'.In acres', N/A
h If residential, Number and t~e of housing units:
One Family Two Family Multiple Family
Initially'
Ultimately ...............
Condominium
i Dimensions (in feet',, of largest pcoposed suucture < $~' height:
Indoor Arena)
j Limar feez of fr~[a~ ~l~g a public [hofough*are p~ec~ will ~upy
2 How much naturalma~e~l~ie rock. ea[~h, e~c [,will be~emoved from ~he
3 Will di~u~d areas be reclaimed? ~ ~es ~ No BNA
a If yes *o~ whe~ ~te~ed pur~seis d~es~ebeingmclaimed?
b Will~opsoilbest~kpaedf~ reclamatim3? ~ Yes ~ No
c W~I upper subsoil be s[ockpil~ *o~ reclamation? ~ Yes D No
4 How many ecres o~ Yege~ation ,;t~ees shrubs ground covers) will be mmo,,,ed +rom si~e? 0,0 acres
7 If multi phased:
13 Is subsu~ce liqu~ waste dispo~l involved? m Yes ~ ¢~o Ty~lth Department approved ~anltar~ S~stem
16 Will the pr~ect genemze sMid was[e? · Yes D ¢~0 fT~ical construction debri~
c I~ yes. ~k~e name Off-site location unknown , loc*don N/A
17 Will theprojectinvol,,,e:hedisposalo, solid waste? . Yes ~No(T
a If ~es v,,ha[is the am~ipated~ateof dispo~17 ~,0 ~ tonsmonth
18 Will ~oject use ~icides o~ ~ici~s? ~ Yes · No ~O~
20 Will project p~oduoe operat~g nc~se exceeding the Ioca~ ambient noise levels? · No
21 Will project result, in an increase in energy use? ! Yes ~ No
If yes. ir~licate type(st Gas & Electric for the proposed Barn & Indoor Arena
22 It water supply is ~rom wells, indicate pumping capacity N/A gallons..minute
23 Total anticipated water usage pe~ da~/ $00 4- gaflons..day
25 Appr~s ~quir~:
City. Town Village Board ~ Yes · No
City Town Village Planning Board · *res -~ No
City. Town Z(~ing Board ~ Yes · No
City Count~ Health Department · Yes .~ No
Othel Local Ager~cies m Yes · No
Other Regional A~ncms ~ Yes · No
State Agencies ~ Yes · No
Federal Agencies ~ Yes · No
Type
Si_t~ ?13n Apprqy ~al
Wastewater Appro~aJ_
~J bmina~ Date
C. ZONING and PLANNING INFORMATION
1 Does proposed action in,Dive a planning o~ zoning decision? · Yes ~ No
If Yes. indicate decision ~equired
~ zoning amendment · zoning variance _~ special use permit ~ subdivision · site plan
D new,revision of master plan ~ cesoufce management plan · other S~ecia] Excep~t_ip~n~Use ..........
2 Whet is ~he zoning classification(s} o¢ the site7 AC
3 What is the maximum potemial development o¢ the site i* developed as pertained by the present zoning?
l~Teepmg/Bleeding/Raismg/Training Hor~es Use (lo acres mm) o~r Single Family D~elling (~ acres mm ) and/or Stables/Riding Atademy (2 acres
What is the proposed zoning o? the site? AC
What is the maximum potential development of the site i~ developed as pertained by the proposed zoning?
N/A
Is tile proposed action consistent with the recommended uses in adopted IDeal land use plans? · Yea ~ No
What ara the predominant land ustC. s! and zoning classifications within a I.'4 mile radius of proposed action?
Predominantly Affricultural Uses with Residential Uses; AC Zonin~ District
8 Is the ploposed action compa',i~le with adjoining:surrounding land uses w~hin a 1:4 mile? · Yes -~ No
9 If *he proposed action is ~he ~bdivi~on o* la~, how many lots are propose? ~/~
e What is the min~um lot size propose?
10 Will propo~d action require any au~horizatbn(s[ ~or the formati~ of sewer el water districts? ~ Yes · No
*ire protectionS? D Yea · No
a If yes, is existing capacity su*ficient to handle pcojected demand? ~ Yes ~ NO
12 Will the proposed action ~esuk in tile generatior, of tragic significantly above present levels?
a If yes, is [~ existing ~oad network ~equa~e :o handle the a~itional traffic? ~ Yes
~ Yes I No
~No E
JUL 6 7011
BOARD OF APPEALS
Informational Details
Attic h ~ny sdditional information as may be ~e~d ~o cl~rify your p~ojec~ If ~here ~e, or may ~ any ~verse imp~ts
E. Verification
JUL 6
PR OJE C T DES CR IP TION
for the
G. W. MEADE FARMProperty
Situate: 1375 Ackerly Pond Lane; Town of Southold, New York
SCTM #: 1000 - 069 - 05 - 007.1
Subject property is currently improved with a Single-Family Dwelling (1, 140
square feet _+ 'footprinf'), attached Front Porch ($4~0 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, $$0 square
feet +_ 'footprint") within the northern half of the property, and a Frame Building
(700 square feet _+ 'footprint") within the southern half of the property. The
property is currently served by a private well and subsurface sanitary system, and
includes for two (~) parking spaces (dwelling). (Single-Family Dwellin9 Use, Siab[es/Ridin9
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-Falnily Dwelling
and appurtenances and Frame Barn. The existing northerly Frame Building is to
be removed. The southerly Frame Building is proposed to be removed/relocated.
Additionally, applicant proposes to construct a Horse Barn (5, ~oo square feet _+
'footprinf) and Indoor Arena (14, 4~0o square feet _+ 'footprint"), both served by
private well and sanitary systems (domestic & horse stables). Ten (10) additional
parking spaces are proposed. (Single-Family Dwelling Use, Stables/Riding Academy Use &
Keeping/Breeding/Raising/Training Horses Use - with Proposed Indoor Riding Arena).
RECEIVED
JUL 6
BOARD OF APPEALS
APPLICANT/AGEN~F/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
~ Town of Soathold's Code
p
YO~NA~: Bruce A. Anderson (~ Suffolk Environmental Consulting, Inc.
~A~ 0F APPL]CA~0N: (~k a~ th~ ~y.)
T~ ~ Building
Chuge °fZ~e C~ml
~val of~lat
~ you ~[Jy (or ~U~ yo~ ~mpmy~ s~ ~ing ~t, or child) ha~ a ~lafionsbip wilh an) offi~ or ~ploye~
lncl~g a p~, ~ ~i~ the to~ offi~r or mpJ~ has ev~ a papal o~1~ of (or ~ ~) a ~on
in ~i~ fl~ to~ o~c~ Or ~plo~ o~s m~ ~h~ S%of the ~.
YES ~
J)~ ~ g~hip ~tw~n yo~f(~e ap~i~Vagon~m~nlalive) and lhe ~m offi~r or em~oyee, Eii~r chu~
. ......... B) ~ I~ ~ ~ufidal u~ of~y [nte~ in a ~om~ md~ (whm the
app{~t ~ ~I
D) ~ mai
DYc,;SCKIPTION OF RELATIONSHIP
Form TS I
BOARD OF APPEALS
7
RECEIVED -
JUL 6 201~
BOARD OF APPEALS
~onn TS I
Nora~ I~llillc - ~t~ of Hew ¥o~ · ' No, O~KOGIg194~
~ Commi~lon EXptf~ ~.l,l~ I{,, 2012
A.ppKICAHT/AG]~NT/~.P]R~$~NTATIV~
TRANSACTIONAL D~ ItORM
- oF..sc~rno~ OF
JL~L 6 ~ZOtt
e oA ,e oF
IUUkRINA KoKKINO'~
Notary pul)ftc - Sta~e of New Vo~h
No. 01KO61~1~1
O~l~ In s~olk ~un~
~ Commi~n Expi~ Au~St 25,
OWNER'S ENDORSEMENT
(TO BE SIGNED IF APPLICANT IS NOT OWNER)
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
WI!,I,I~.M 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.
Signature ~ f,~/.~,,f.Z-~-
Signature
If Corporation, name of corporation and Officer
Before me, this ~'[ day of
'-~.-~..~.-- ., 2011
Public
Officer's Title
RECEIVED
MARINA KOKKINO~
Notary Pul~llc - State of New York
No. 01KO6191941
Qaalifl~ 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) (officerla~ent of the Corporation which is owner in leg) of the
premises described in the foregoing application and that ! have authorized.
SUFFOLK ENVIRONMENTAL CONSULTINGf INC.
to make the foregoing application as described herein.
Signa~ture ~
Signature
If Corporation, name of corporation and Officer
Before me, this )-'~ day of
--~ ~.~.~ ,2011
Notary Public
Officer's Title
MARINA KOKKIN05
~otal7 Public - State of New
No. 01K06191941
Qu~tlf~l~l in Suffolk County
RECElX/ED
BOARD OF APPEALS
Town of Southold
=rosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM
1000- 069- 05- 007.1
THE FOIA.O~IN~ ACTIOM8 MAY RlllQUfl~E THE SUBMISSION OF A
CERTIF~D BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK.
SCOPE OF WORK - PROPOSED CONSTRUCTION
(Include Total A~ea of ~ Pa~e~s located within 10.004 acres
the ,~ of Work fei' Proposed Co~strudJon)
PROVIDE BRIEF PROJECI' DESCRIFFION
?LEASE REFER to the ATTACHED
PRO|ECT DESCRIPTION.
I'I'I~2M # / WORK
Yc~ No
Wilt Ibis Project Retain Alt Slom~Watef Run-Off
Generated by a Two (2') Inch RainfaN on
(This item w'~ include all ~ ct~t~ by site
2 Does It, e $ita Plen and/or SurYey Show ~ Pmpo~eo
Slopes Conb*ollt~g Surfsce Water Flow
3 Does the Slte Plan and/or Su~,~y desc~be the e~-- / [~
[3/
of Material within any Parce~
6 is there a Natural Water Course Runr~ng Through Ih~ D /
whlch ExCe4KI Flftee~ { 15) fe~l of Verl~'.,at Rise to
U
9 Will this Pro~t Require lbo Ptac~ne~t of Matedal,
Item V~thtn the Town Right-of-Way ~- Road Shoutd~
COl brl~ OE
BRUCE A. ANDERSON @ SUFFOLK
AGENT
FORM - 06110
Commission
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
RECEIVE~
JUL ZOH
BOARD OF APPEALS
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).
lfany question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LW1LP 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, lfan 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.nonhfork.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, plamfing 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 Consultinlh Inc.
(b) Mailing addrcss: 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 [] No [] If yes, which state or federal agency?
DEVELOPED COAST POLICY
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 proposed redeveloDment 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 throuqh 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
Ill - Policies Pages 3 through 6 for evaluation criteria
[] Yes [] No [] Not Applicable
This apolication 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 5 through 7 for evaluation criteria
[] Yes [] No [] Not Applicable
The I~roDosed redevelo[)ment of this oroperty into a Horse Farm will absolutely enhance visual quality and protect scenic
resources throuoh 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
contiguous to the existing agricultural fields (95 acres +_} contiquous 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 floodinq and/or
erosion, and therefore is not aDr)licable 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 II1
- Policies Pages 16 through 21 for evaluation criteria
[] Yes [] No [] Not Applicable
The ProPosed redevelopment of this prooertv into a Horse Farm will ~rotect water clualitv/suDPlv in that the prelect will
include for the installation of wastewater facilities (i.e., sanitarv svstems) designed to conform with current Health
Department standards, as well as dp/wells 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 am~lication is for redevelopment of this property into a Horse Farm within an area not desiqnated as crucial habitat
and/or ecosvstems, and therefore is not armlicable to this Policy.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section Ili - Policies
Pages 32 through 34 for evaluation criteria
[] Yes [] No [] Not Applicable
This a~olication is for redevelopment of this property into a Horse Farm, which do not have a histow of having any form
of impact to surrounding 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 Ill - Policies; Pages 34 through 38 for evaluation criteria.
[] Yes [] No [] Not Applicable
This aDolication is for redevelopment of this I~ropertv into a Horse Farm, which tvDicallv 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 Dro~ertv 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 Ill - 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 II1 - Policies; Pages 57 through 62 for evaluation criteria
[] Yes [] No [] Not Applicable
This application is for redevelopment of this property into a Horse Farm, which is not sited in an area containing 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 111 - Policies; Pages
62 through 65 for evaluation criteria.
[] Yes [] No [] Not Applicable
The proposed redevelopment of this property into a Horse Farm will protect aqricultural lands in that it will be in keepinq
with the permitted uses within Aqricultural Districts, as per § 280-'13 (Al of the Southold Town Code. Consequently, this
project 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 II1 - Policies; Pages 65 through 68 for evaluation criteria.
[] Yes [] No [] Not Applicable
This application is for redevelor)ment 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
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
,June ~29, ~201 I
Southold ri'own Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
Re:
MEAD FARM Property
Fax: (631 ) 537-529
JUL
BOARD OF APPEALS
Situate: 1875 Ackerly Pond Lane; Town of Southold, New York
SCTM #: 1ooo -- 069 -- 05 -007.1
Dear Board Members,
This Firm represents the owner of the above referenced property, who is seeking
variance relief to establish the use of this property for an existing single thmily
residence, the keeping, breeding, raising & training of horses, and a riding academy on
an lot deemed undersized for these purposes. Accordingly, please find ten (10) copies of
a complete application package containing the fbllowing items:
(1) Town of Southold Notice of Disapproval, dated June ~8, ~011, concerning
thc proposed project;
(~2) Town of Southold Zoning Board of Appeals Application Package;
(3) Photographs of the property indicating current conditions thereon;
(40 Town of Southold Property Card;
(5) Deed of subject property, dated October ~21, 1999;
((~) Contract of Sale of subject property, dated February 10, ~2011;
(7) Declaration of Covenants & Restrictions regarding the underlying
subdivision, dated May ~2e, 199~2;
(8) Easement Agreement, dated November ~2~2,
(9) Certificate of Occupancy No. Z10~28~2, issued December 1, 1980;
(1 o)Certificate of Occupancy No. Z-~28+85, issued June 5, ~00~2;
(1 ~ )Town of Southold Erosion, Sedimentation & Storm-Water Run-Off
Assessment Form;
( l~2)Location Map;
(1 $)Town of Southold LVVRP Assessment Form;
(14)Full Environmental Assessment Form;
(15)Survey preparcd by PECONIC SURVEg'ORS, P.C., last dated June *27, .2011,
indicating all existing and proposed conditions thereon;
(16)Building Plans & Elevations, prepared hy JOSEPIt FISCHE TTI, P.E., d a ted
o, *20 ! 1; and
May ~ ~
( 17)Cheek made payable to the Town of'Southold in the required amount in
satisfaction of the requisite application fee.
Kindly review the enclosed application submission and schedule the matter fbr the next
available hearing date. Should you have any questions, please feel free to contact this
office with any questions. Thank you as always tbr your attention and consideration.
Fh'uce A. Anderson
w/eno.
JUL 6
BOARD OF APPEALS
cc. B. Glenn
~ ~..~ NI£AD£ FAR~lProperty
,3,,,, ~0( ?~ ~[~,~t e,v%~ lSTSScTMACkerlys: loo0P°nd-- 089Lane;- o5S°nth°ld'- 007.1 New York
51., BJ EC 1
PROPERTY
G. Hd. AIEADE FAR~/Property
S~tnate: 1 $765 Ackerly Pond Lane; Sontho]d, New York
SCTM #: 10oo - 069 - o5 - oo7.1
Photograph indicath~g the view of the southwesterly section of subject
property. Photograph taken from the central section of the property, facing
southwest~
G. ~ MEADE FARMProperty
Situate: 1575 Ackerly Pond Lane; Southold, New York
SCTM ~: ~000 - 069 - 05 - 007,1
Photograph indicating the view of the westerly section of subject property.
Photograph taken from the central section of the property, facing west.
G. W MEADE FARMProperty
Situate: lS75 Ackerly Pond Lane; Sonthold, New York
SCTM#: 1000-0G9-05-007.1
Photograph indicating the view of the westerly section of subject property.
Photograph taken ~¥om the cen'lral section of the property, facing west.
RECEIVED
BOARD OF AP?EAL5
G. W. MEADE FARMProperty
Situate: lS~5 Ackerly Pond Lane; Southold, New York
SCTM #: 1000 - 069 - 05 - 007.1
('Pholo ~:a,~'~x o~ ,,r~e 27, 20l l)
Photograph indicating the view of the northwesterly section of subject
property, including the existing frame barn. Photograph taken from the
northeastern section of the property, ~hcing northwest.
G. ~5 Ag£AD£ ]~'AR:~lProperty
Situate:
cker~5 PorM Lane; Southold, New York
Photograph indicating the ~,iew of ti~e northeasterly section of subject
property, including the existing fi:ame single-Gmily dwelling, Photograph
take~ from Ackerly Poled Lane, facing south=
$itnate~
MEADE FARM Property
1 ~75 Ackerly Pond Lane; Sonthold, New York
SCTM #: looo - 069 - 05 ~- 00'7,1
(IV/rolo ~]~en o~l Jll~e 97,~O]C l}'
Photograph indicating the view of the northeasterly section of subject
property, including the existing fra~ne single4'amily dwelling, Photograph
taken firom Ackerly Pond Lane, facing sonth~
G, t3( 31EADE £4RMProperty
Situate: 13?5 Ackerly Pond Lane; Southold, New York
SCTM #: I000 - 069 - o5 ~- 007.1
Photograph indicatir~g the view of the northeasterly section of subject
property, includi~g the ex~sting t?ame single4'amily dwelling and fYame
barn~ Photograph taken from Ackerly Po~d Lane, facing west~
RECEIVED
BOA¥~D OF APPEALg
1.2000l: 022
TORR~N.q
II
FIliAL ESTA~
I10¥ 0 9 1999
11~,N~PER'FAX
~FROLK
FIIR~ ~
' Vorlflcntlon
.~.llcfl II I,~1~ Lot
Re¢ordlml I Filillg ~¢llllpI
tI ll,~liC *l'lx
2, ALIdlllunat 'l'.x ....
TOT. M'rt). r^x ,
e d r~ Aphid on e
Mai)don Tax
dxwflh~M ~ly
(~UlltlllUIllt~ Prenm*vndt~ll Fuml
,~atllf~ctluns/I)lschatiol/RoleMQn LIxI Prnp~lty Uwr,iwa M#llm~
RtCOIIU & RWrlIXN *1'0~
INCORPORATID
SurJblk Count,
FUI~
'1 t)
RECEIVED
JUL 6 ~O~
~50ARD OF APPEALS
[lUXES .~ TI IRLJ 9 MI. L%'Il lie *I'YP(~ Oil PRIN'IT~D IN Ob'~CK INK ONI,Y PRIOR TO IU',;CORIJING OR ll'Ii.INU,
' '" (OVIR)
~afgein & 8eib Dead with Covenant
Against Grantor'a Acta
THIS INDENTURE, made the 21" day of October, nineteen hundred and nlnety.nlno,
BETWEEN
ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION
2000 Marcus Avenue
Lake Succefll, New York 11042
Getty of the first pa~, end
WILLIAM J, BERGRATH
EBB Woodbury Road
Cold Spring Harbor, New York 11724
party of the la=end part,
WITNESSETH, that the party of the first part, in conlidaretlcn cf Ten Dollars end other
valuable consideration paid by the party of the lecond part, dose hereby grant and
raleeae unto the party of fha legend part, the hltrl or lUCClllOrl and ,,slgnl of the
)arty of tho ~a~ond pa~t ~oravar,
BEE SCHEDULE 'A' ANNEXED HERETO
TOGETHER with ell right, title and interest, If any, of the party of the flrK part In and
to any Itteate and roedl abutting the ebowt described pramllel to the canter lines
thereof; TO~ETHER with the appurtlnancal and all the aerate end rlghtl of the party
ct the first part in end to said premllae; TO HAVE AND TO HOLD the prembae herein
granted unto the party of the second part, the haiti or lucoaesore end aaelgn~ of the
pa~y ol thl llCO~d pa~ forever,
AND the party of the flrlt pert covenantl that the party of the hrat part has not dona
or suffered cnythlng whareby the said pramllaa have been encumbered in any way
wl~ataocvar, except as aforesaid.
AND the part,/ of thc first part In oomplianca with Seotlcn 13 of the Lien Law,
covanant~ that the party of the first part wilt receive the oonaideret{en for this
conveyance and will hold the right to receive such consideration al a trust fund to be
applied first for th. purpose Gl ~,(In~ the ~ost of the Imgrovemant ~nd wilt ~p~V th~
~ame flrlt to the payment Gl the goat Gl the Im~fovement before ullng any pa~ of the
total of the same for any other purpose. The word "~artV" shall be construed al If ii
Thtl conveyance ia made in the regular course of buelnela actually conducted by the
party of flrlt pert.
Being and intended to be the acme pramise~ known aa 1376 Ackarly Pond Lane,
Southcl~, New York aa conveyed to the party of the firlt part by deed dated August
13, 1998 end _ _ee.~--.l~li~I recorded In thu Office of t~e Clerk of Suffolk Counlye~
IN WITNESS WHEREOF, the pa~y of the t~t pa~t ha~ duly executed this deed the day
and y~ar title above w~Itton,
IN PRESENCE
ASSlBTANT VICE PRE~DiENT
United Qenara{ Title Insurance Company
Y~z~, being kno~.n ~d deeign~ced II
O~C~ce o~ ~he Clerk
dietent~O~ ~eec mo~e o~ lee. weecezly ~=om c~e ~eetezly end o~
w~ch the weece~ly el~e o~ ~owez ~oe~; '
r~om e~d porn: o~ ~eginning ~unnl~g along ea~ land o~
~¢5,95 ~eeC to the eouchez~y lida cE Ackez~7 Pond Lane/~
" " 1. 0007C0
STATE OF NEW YORK )
)SS:
COUNTY OF NASSAU )
On the~/,~' day of Ootobar, 19gB, belo~a me, the undarllgned, perionllly
,.ppelred JACQUES F. BEAUCHAMP personally known to me or provid to m. ~n
subsorlb~d to the ~lthth instrument ~nd aok~owledg~ to m. th.t he (~he) (they)
exeouted th~ ilml In hll (htr) {their) ;.plcltyilei), .nd that ~y his fher) ;thelr)
~lgnltur~ll) on the ,nitrument, the In~lvldu.l{s), or che person upon behalf of whloh
L ~y~
1~4ROAIN AND ,9ALE DEED
W/th Covenant Agalnat (~rentor'a Aota
.,:T, ltla No. 33-01831
ASTORIA FEDERAL SAVINI3S & LOAN ASSOCIATION
TO
WILLIAM J. BERGFATH
DI~;TRICT: 1000
SECTION: 6g,o0
BLOCK: B
LOT[Si: 007,001
COUNTY OF SUFFOLK
TOWN OF SOUTHOLD
S7REET ADDRESS:
1375 ACKERLY POND LANE
SOUTHOLO, NEW YORK
RI??IIRN ltv MAll
JlAIIITRACTI,
01/3i/~011
WILLIA~ H PRICE
$
$
tRECEIVED
BOARD OF APPEALS
0i/24A2011 ~a~ vv
11:02 631477012 WiLLI¢,M H k'NtlC;t- dO
~l~, 1~ ~ua~ ~ ......... ~ p~I~G, ~ SXTENSION
MONKS ~OM THE ~NT~CT DATE
WILL BE G~TED ~ TO NINE (9) RI~T ~.~-~E ~ER NINE
281t 2:33ff ~0,513 P. 8
D~CLOS~4B OF I~OI~{ATION ON
(a) Pn~ o f l:u~,-'b~{,e4 ~ ,,~,d/or ]{~,d*b,~el ~ ~ (G'n~ok O) ~ Cd)
JA~( 6,2011
$C~UL~ C
P,.BAL Pi~.OPZ~KI~ COND1T)'0N D~CL0 SI.tP~ ~"OIhM
~KTICI,B 14 OF THB ~ I'ROI'I~,TY Law
NO. 519 P, g
Sou~0I~N~ Yo~ 11971
(5.) ~r balloon.
The ~g~ge m~y Dot be p~apaid without
va~id first li~n a~ai~t the DreSses,
~i~ci~ ~a~ement ag~ine~ ~he.
Ad~itio~lly, ~he ~~
United General Title Insurance Company
SC~UL~ A (Description)
TITL~ #: 33-01831
All that ce~'tain ~lot, piece or parcel o~ la~d, with
buildin~m a~d improVe~nte thereo~ erected, situate, lyin~ and
being ~ the To~ ~~ Co~ty of Suffolk, State of New
York, ~ing ~ rz~ted as ~t I as sho~ on a
~P entitled "Map of ~t~ Fa~ at Sou~ld. filed in
Office of the Clerk of the Co~ty of ~~n 7/19/94
Map ~9538.
~A~INNING at a Point on ~ Southwesterly llne of A~kerly Pond
Lane (formerl.y BOwery Lane) et the N~rtheasterl
pre~sms he~e~n ~ e y ~er.of the
y d ~ ~he No~hwes~e~ly co~e~ o~
m tie lane Oo~ectin~ ~he ~outherly side of Ackerly Pond L~e
wi~ :he westerly ~ide of Lower Road;
From said 90iht of be~i~in~ ~in~ along said l~d of
R~G ~ No~h 36 de,ems, 03 ~nutes, 40 smco~ East
14~.9S feet ~0 the southerly side Of Ackerly Pond ~;;
R~N~ ~ S~th ~s de~ms. 51 minu~es, 40 seconds
24~.~1 feet to a ~in~ ~r Dlaoe of
.-~ ' ~JUL 0 ? 2011
,¢g, .'
D IAG F~i "A"
1147 65
residing et 1375 Ac~arly Pond I, ana, Scuthold, Hew York ilO?l,
raferre~ to aa the Declarant,
the Declarant is the owner of certain real property
of Ne~ York; ~re particularly bounded end described ae set forth
in Schedule "A" annexed hereto, end
MlllP~AS, the Declarant has made application to the Planning
Board o! ~he Town of Southold for approval to a~xlivide the said
real property £nto four (4) parcels, Mounded and described aa set
I~, ~or and Afl consideration of tho granting of said
approval, the Planning Bo&rd of the Town of Bouthold has deemed l~
to be in the beet interests of the Town of Southold and the o~ner
and prospective owners o! said parcels that the within covenants
and restrictions be ~mposed on laid parcels, and al a condition of
laid approval said Planning Board has required that the within
Declaration be recorded in the SufZolk County Clerk's Office, end
~I~AS; the Declarant has considered the forogoing and
determined that the acme ~lll be der the best interest si the
Deolarant and subsequent owners of laid paroele.
~hat the Declarant, for the pumpoeee of carrying out the
intentions above expraaeld, dole hereby make kn.~l, admit, p~blieh,
oove~nt ~d agree ~:hat the slid premises hereir~Aeaa~tbed shall
~'~ ~ "
'¥ .~, ~ BOARD O~ APPEALS
11474P 66
hereafter be IvJ~eot to the following covenintl which Ihill
o! laid premllel, their heirl, ixeeutorl, legal reprelencativea,
diltrib~tlil, lUCClSiOrl and illignl, to witt
1. ~h&t there ihsll be no further lU~diVllion of any lot in
perpetuity.
a~ia ~veen ~he p~o~oe~ l~lvi~ion and ~he existing loc,
~hil a~ea Ihall ~emain In its ~,L~al a~ate. ~a~ ~ln~enanoe
~hia ~a~al vegetation ihall~ ~he Dnl~ uae o~ accivi~
~. ~a~ ~he uae and Gevelo~en~ o~ ~he ~z~lom ct ~o~ 1
il 4eiigna~e~ "Agricultural ~ele~Ve ~ale~nc A~ea" will ~oreve~
~eltrlct~ to i~ o~ all ct ~he
a) Fa~lng o~:ationa and a~tlvitie~ (]noluding soil
preparation, cultivation, ~et~iliaation, irrigation, ~lt
and drainage control) and any other no~al and cuat~4~ fa~lng
operational &nd the
e~hanoe agricultural
Ull o! farm vehlolel and equip~ent in
all as deiigned and intended to pr~ote and
production encompaaling the production for
coa~ercial pur~Olll of field erOpl (including without limitation,
corn, wheat, oats, rye, h&rley, hay, potatoes and dry beans);
ttuiti {including without limitation, apples, peachel, gtapel,
oherriel and berriel)~ vegetablei (including without limitation,
tomatoes, ln&p beans, cabbage, cartotl, beetl, cauliflower,
broccoli end oniona}~ horticultural specialties (including without
limitatAon, nursery stock, orna~ntal ihr~i and ornmncal trees
?
b) OPen
~J O~rat~Qns encompassing ~ivemt~ and l~vem~ock
ire found acceptable and reamonabl~ necemma:~ by tho Plann&~g Board
d) Landsca~d, wo~od areas wl~h
recreational umem, which are ~ou~ icce~t~lo and reamon~y
necessary by tho PZannlng Bol~d and whlch are s~Joct ~o approval
by ~he {linnlng Board,
4. Tha~ ~he ~oll~ing mhall~ adhered ~o on ~ho A~ricul~u:a~
in 1~8 curren~ condition for continued agricul~ural pr~uc~lon and
~o ~oven~ ~he degrada~ion or logs of ~he aesthetic o~n space and
agricul~u~al value of sa~d premiaes~
a) If a~ any tl~ ~he ~ership of ~he
change, or ~he uae o~ the area shall be chanq~he
m~le~t~y approved ubs, %o iny o%he~ t~ o~ fa~ ulo ~n
acoordince wl~h thls ~clara~lon of Covenants
a conmorva~2on plan shall ~ develo~d by the SoX1 Conmervatlon
Service for %h~m pmrt~cular pro.ray. ~e la.Lng
then co~ply in mll rempectm to Shim report, and mhall reMin in
cc~plianca with a~l ~pdatel o! t~e repo~, Tho Planning Board
shall have the right to require updated reports when deemed
nlOllllry.
11474 68
contours thereof sh&ll ~e~ain generally undisturbed and no
c) No top moll, ~oim, sand, ;c~ne, gravel, rock or
So~ Co,II,ViSion NanagoMn~ ~an, and no~hing
m) No offside, roadwayl oF o~her rightS o~ way fo~ non-
re~v~
gl ~o ~p~ng, p~aao~n~, .~o~agu o~ burning of any
p=em~mes.
or
1147Vf.569
iOClIIOry bulldingl or lt~ctUrll ~or the utllllitlon o~ thl
~emimee ~or bonafide agricult~ra~ pr~otion ,my be allowS,
e~]eot to ~lenfling Doerd approval.
]) Retail a&lee shall be reetric~ad to the male o~ itemm
produced on ~ho pro~t~y, and sha~ ~ 8~jeo~ ~o ~a~ng
ipp~ovl~.
5. ~a~ ~he ~o~&ran~ reserve ~he r~gh~ ~o ~he exclusive
and rom~-ict~ons home,naive met ~o~th~ and ~c~a~ant may exclude
tho gene.a~ p~c or any ~ea~gnate~zson o~ ~8onm f~ the
of et entry v~n the maid kg~cult~tm~ Reserve EameMnt, except
the& Chi town mha~ have tho oontinuihg Fight to lni~ot the maid
er,we to the extent teimonab~y red,red to mon~to~ compliance with
the covenants, terms and ptOV~lSOnl have not ~en vLo~ate~,
~. ~t theme covenentm mn~ temt~ctionm cmn ~ m~e~
et the ~a~eet me the then ~er o~ the D~emLmem ~th the mD~tov~
o~ · m~Jot~t~ o~ the P~nnSng ~o~td o~ the ~o~ o~ ~o~tho~, et
successor ~y, after a p~o heating. Ad~o~ning pro~tty o~o:s
the oondLt~onm and :emtriotLona of theme movements, the
~ard shall alee have the authority, through appropriate legal
aoCAon and after due notice to the ~ol~t~t, these
11474 ?0
the day mhd yeir ~lt I~vl written.
STAT~ OF N~W YORK~
COUNTY OF 8UFFOLK~
On the ~3~4~ day ~'~-
o~ , 1)92, be(o~e mo pe~mon&lly
oime P;d4BLA ~ to M know'to ~ the ~nd~vidul~ desc=~bed ~n
4nd who executed ~he foregoing Lnmt~nt, &~ i~ged th&t
1147,t 57i
building and lmprovementl thereon erected, litU&tl, lying sad being
in the Town of Southold, County o! Suffolk, State of NIw York,
bounded end delcribed am followl~
BgOll~141NO at a point on the ~ester~y line of Ackerl¥ ~ond Lane
(formerly lowe~y Lane) at the Southeasterly corner of the premises
herein conveyed end the Northeasterly corner of premises nov or
iormerl¥ o! ~ohn
i~INO from said point
Swenkoski and along land now or lormerly of Florence M. Te~ry,
South 21 degrees 11 minutes 00 seconds West 1,022.$3 feet to a
concrete monument and land no~ or iormerl¥ o! Milton C. Caee~
RUNI4INO thence along land last mentioned North ~4 degrees 22
minutes 40 seconds
John Diller
T~F~ICI along land l&st mentioned, North 13 degrees ]4 minutes
10 seconds ~&et ~25.0V lest to land nov o~ formerly o! ~en~amin ¢.
Diller ~state~
T~CE along land last ~entioned, two courses end distances
ee follovs=
13 South 45 degrees 40 minutes $0 aecondl {asa 127.32
~eet)
2) North 36 degrees 35 minutes 20 seconds East 95.~3
~eet to land now or ~o~merl¥ o~ creel)
TN~NCI along lane mentioned and along land nov cz formerly of
Westphalia Corporation, two curses and distances ae ~ollowe~
13 South 4} dlgrlel 27 minutll O0 ilcOndl lilt ]09.4]
feet~
2) North 3~ degrees 03 minutes 40 seconds ~ast ~6.20
~eet to land now or fo~e~ly o~ Om.mille ~artin)
ae follows~
13
2)
along land last mentioned, two courses and distances
South 53 degrees ~ minutes 50 seconds last 10~.43
North 36 degrees 03 minutes 40 seconds East 137.89
feet to the westerly line o~ Acke~ly ~ond Lane
(~ormerly lowery Lane))
TltENCI along said westerly line cf Ackerly )end Lane (~crmerly
Sovery Lane) South 4~ degrees 51 minutes 40 seconds last, 290.~9
~eet to the point or place o! Bible, liNG.
SCI'W{ I000 - 0~9,00 - 05.00 - 007.000
a~e:ly oAde of love~ ~e; ~heaee alQaf ~e aoG~erlM o~de of
~ee~ to ~he po~ ew pla~e o~
ALL tlM~ get,AAa I)le~ I~Aeoe or pLv.el Of
uo~.her~ s~de o~. ~ Ltue ~i~ ~he
R~d~ ~e~e fr~ 'aaAd poA~ of beg~ng, eo~ 31
~n~e, 40 o~nd, ~o~, ~45.J8 fee~
2~ ~n~e. 40 e~ond. ~t~, 34~.42 ~ee~
degrees 23 ~nute. lO ,~e~s fist, 4~4.%4
degreee Xo ~nG~e, ei.~, 4G7.30 fee~j ~hea~e
~ee IQ e~e~u ~l~ ~4J.~J feet be
~An~ ~ pl~o of
~;~o:12 iide o~ Lo~: ~oid; T~en~e so~h 36 degrees 3 ~n~es 40
seconds eao~, 230,00 ~,0~ ~o , ~An~i ~be~e mo~h S0 deg:ee,
~a~ee B0 0~0 elo~; 4~3.0S ~ee~ Thefl~e
~ut~t /llt~ 2S4.~S fee~; Thence no~th
e~o~e east, 140.S1 fee~ to the
114q4 5 5
o~d ~A.~ of begging, .O~
~ot, 140.~1 feetl ~biA~e oou~
degrees &0 ~flu~e. 33 eeco~a
de~eee 32 ~nG~e, 20 oe~o~d,
f~lM ef W=Agh~; 3~.43 feet; ~heuee along
ee8~, 137.19 f~ to the
SUPs'eLK COUNTY Ct,[;RK
Seb Total ~.~*~.~ .~
I~al P~p~riy T&l ~rvlce A~ncy VerUlcmtlau
Lot
Sub T~4al .~
3. 5p~c,lAdd, ,~
TOT. MTG, TAX
Dual Tb~n __Dual COUnly
Ileld for AplmrUoament
The pr~per~y covered b~ thia mu~Ra~
family dwelflng only.
Y~ ur
pa~ N or thia InM~ment,
TIIle C~p~y Info.alan
TIUe Number
F%e F~D
~4,v'4/~r~ ,~ 0'$
f ,RECEIVED
Suffolk Count~ Recording & ~ndorsement Page '
Thh page forms pa~ of the nttmched ~/m~ J~y~(Deed, Mo~gage, ctc,) mndeby: ~ JUL 6 2011
ThesuFFOLKPrembemCOUN~,hereln Is mituaiedNEw YOm,inqOA, RD OF
TO
in the TOWN of
In the VILLAGE
or )lAM Lg, T or
Lane, Southold, New ¥or~ 11971 (hlrlinaftlr referred to am partv
office of ~ho cler~ of ~he County of Suffol~ on Ju~y 19, 1994
~, the par~y of Oho ~irsC part is ~he owner o~ real
proper=y l~2ended 2o be al~ lands com~ained In ~he Subdivision
known as "Puri~a~ Fermi" situate on ~ho southerly eids o~ Bowery
Lane, (a/k/a Ackerly ~omd Lane) Town of Sou=hold, New
described on Schedule "A" herein.
~, =he parry of =he second 9ar=, currently P~
but intended to include her successors and/or assigns, tm the owner
of real property collectively described in Schedule "A" and ml=uate
on the southerly aide of Bowery Lane. (a/k/a Ackerl~ Pond Lane)
Town of Sou=~old. New ~ork~ and
~S, the party of the first part ham installed a common
drivewaV over a fifteen (1~) ~oot riqht-of-way (the "Easement Area
or Co. on Oriveway" (See Schedule "B")) located ad,scent to the
for the non-exo~ulive right of ingress and mgreec and other legal
purpolle over the common driveway located within the fifteen
foot widl right-of-way bounded and described al let forth on
Schedule "F" herein;
MCI, %~nl~O~l, in coneideration cf :he mum of Ten and
($10.00) Dollerl and other valuable coneidera%ion, the receipt and
muffiolency of which La acknowledged, the partiel ag~ee al follows=
over the Easement Area, delcrl~ed at schedule "B" hlroi~,
appurtenant to and for ~e benefi~ c~ all lande contained in
Su~£vieion known aa "~uri%an ~arma" elevate on the southerly aide
of Bowery Lane, (a/k/a Ackerly Pond Lane) Town of Southold,
cwnerl, thlir hlirl, lUCCellOrl and allignl for :he non-exclueive
right of ingrlll and egrlll and for other legal purpOlel.
3, The party of the firet part grants a permanent eaeemen%
over the Easlmen~ Area, described at Schedule "B" he~ei~, al
appurtenant :o and for the benefi~ of Parcels con~ained in Schedule
"A" herein, the owners, their heirs, successors and a~aigne for
non-exclusive right of installs:ion, repair and maintenance of
underground u:lli~ies for electrical, telephone, cablev£eion, wa~er
and gas. However, ~he party of :~e f[~e: gar% ~e~es no
repreeen:a~ion or warranty ae to the ownera~ip or oon~ition o! any
such utiiitlee.
3. The easements crested herein shall run with the land,
or convey any easement rights to a third party without a transfer
of the entire parcel described in Schedule "A".
4. Any holder of the easemen~ shall be responsible for any
damage, destruction or impediment to the passage of said right-
of-way caused by any equipment, machinery or materials utilized
during the conetructiom o~ any improvements upon the parcel owned
by the par~¥ o~ ~he second part.
~o ~t is further agreed that no holder o! the easement shal~
make an2 party resp~ns£ble ~or the m~lntenance of said easement
any such maintenance will be upon the agreement of all said owaers
l~ Z! ~UM~¥ COV~I~ ~ ~D by and between th,
parties that this Agreement shall ~un with the land and be bindin~
upon and inure to the benefit of their respective heirs, executors,
administrators, successors and assigns of each of the parties
herlto.
X# II~lll ~!O~, the parties hereto have executed this
Agreement on the day and year ~iret a~ve writte~
P~E~ HUNT
al.:
COUNTY OF SUFFOLE)
oame 9~I~ lUST =o me known, and known co me ~o b* the individual
described i~, and who executed th, fors~oing instrument and
NOTARY PUBLIC
Notify/)ubl~, Itel) o; NEW YO~
Comml#lofl ~plr# W I ~4,
All that certain 9lot, piece or parcel of land with the
in the Town of Southold, County of Suffolk, State of New Yor~,
BEOINNING at a point on the westerfy line of Acke=ly ~ond Lane
(formerly Bowecy Lane) &t the Southeasterly corner of the ;remisee
herein conveyed an6 the Northeasterly corner of premises now or
formerly of John Swenkoaki)
SQuib 21 de~rees lI minutes OB seconds west 1,022,53 ~eeC Co a
concrete monumen~ and land now or fccmerl¥ o~ Milton C. Case;
RUNNZNO thence along land last menzione~ North 44 degrees 22
minutes 40 seconds West, 1,074.94 feet to lan~ now or focmerly of
John Dialer Estate]
seconds East 625.07
iasc mentioned, North 13 de~rees 34 miRu%es
feeC to lend now or formerly of Benjamin C.
follows:
2) North 36 degrees 35 minutes 20 seconds East 95.53
feet to lan~ now or formerly of Croak;
THENCE alon~ land mentioned and alon~ land now or formerly of
l) South 46 degrees 27 minutes 00 seconds East 30~.43
~eet)
THENCE
follows:
2]
N~rth 36 ~e~rees 03 minutes 40 second~ East
~eet to the westerly line of Ac~erly ~ond ~ane
t~ormerly Bowery Lane);
$¢TM~ 1000 - 06~.00 - 05,00 -
,' ALL t-hat cer~F~ plotT p~ece or parcel of tend, lYrnl situate
and baina at Southo~d, Town of $outhold, County of Suffolk
end State o! Now York alee known al part of Late 2 and 3 as
shown on a certain mlp entitled Subdivision Hap Puritan Farms
, fll.d in the office of the Suffolk County Clerk July 19, lag&
as Hap Number 9538;
~EGINNING at a point fOt~ed by the westerly l~ne of Lot 3 al
~how~ on a~oremsntio~ad filed Map with thu southwesterly line
o! Bo.ory Lane, also known as Ackerly Pond Lana~
RUNNING THENCE from said point and 9lace of beSinning along
Bowery Lane also known as Ackerly Pond Lane South
51 minutal ~0 meconds East a distance of
point and the ~eete~ly ~ine of Lot 2 of a~orementioned
map;
THENCE along the vacterly line of Lot ~ of aforementioned
f~led map and into Lot 2 South 36 de~es 03 minu~ea ~0
seconds ~.at a distance of 192,~8 feet to a point~
THENCE Sou~h 52 desrees 10 minutes O0 ascends WeeC a distance
of ~S9.71 feet ~o a point~
T~ENCE North SO deireea 25 minutes 50 seconds wear a ~istance
o~ 7,68 feet to a point and the southeasterly corner o~ Le~ ]
o! aforementioned ~ilsd map~
THENCE along the southerly line of Lot 3 of aforementtofled
filed map North 50 delreea 25 minutes $0 ~econds West a
distance of 7.69 ~eet to a point;
THENCE North 52 deeraee 10 minutes O0 seconds ~ast a distance
o! ~60,9~ feet to s ~oint;
THENCE North 36 dearees 03 minutes ~0 seconds Eanta distance
o! 171.39 feet to the eouthveeter~y line of Bowery Lane ales
known aa Ackorly Fond Lane and the po~nt end place of
BEOZNNXNO.
Q~?-17-1994 16~$~
P,02
FORM NO. 4
TOWN OF 5OUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N.Y.
Certificate Of Occupancy
RECEIVED
JUL 6 ZOII
BOARD OF APPEALS
Date ..... ~qqg~@?.) ................ 19.~q
THIS CERTIFIES that the building ................................................
Location of Property 1 375 Ackepl~' Pond Lane 8ou~hold~, N.Y.
;~3~s~ 'dd ...................... 'S~;e~i ...................... h3r~ie~
County Tax Map No. 1000 Section ...0.6.9 ...... Block .... 0..5 ......... Lot ..... 0.9? .........
·..Filed M~ap No ......... Lot No ..............
Subdivision ........ ~"~46~"~1~6h~3'~ '~b~; a one z-ami!y dwelling built pri3v to
conforms substantially to the ;li~T~I~~;c4K~
CertifYc~te of Occup~aoy
.... .~ p.r.t..~..~.~ ....... , 19 .~?. pursuant to which l~ No ...... .g.'i.O.~. p.~ .........
dated .... p.~?.~.b. ?p., ! ............ 19~9., was issued, and conforms to aU of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is .........
Or~e Family D~elling ~/la~ge barn and la~ge storage buildin~
Harold Reeae, Jr. & ano
The certificate is issued to ..................... /o~,.'e'r,~l~/d~9 ......................
of the aforesaid building.
Suffolk County Department of Health Approval ............. .~(~. .........................
UNDERWRITERS CERTIFICATE NO ..................... I~.~.. .........................
Building Inspector
Rev 4/79
FORM NO. 4
TOWN OF SOU~q{OLD
BUII~)ING DEPA~RTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUP~_NCY
RECEIVED
JUl_ 6 2011
BOARD OF PPEAL$
NO: Z 28485
~te: 06/05/02
~{IS CERTIFIES t~t the huilding ALTEP~ATION
I~Dcation of Property: 1375 ACKERLY PD LA SOUTH/PEC
(HOUSE NO.) (STREET) (HAMLET)
Cowry Tm Map No. 473889 Section 69 Block 5 I~)t 7.1
Subdivision Filed Map NO. Lot NO.
conforms substantially to the Application for Building Permit heretofore
f/led in this office dated MAY 3, 2002 pursuant to which
Buildin~3 Perm-it No. 28357-Z dated MAY 3, 2002
was issued, and conforms to all of the requirements o~ the applicable
provisions of the law. The occupancy for which this certificate is issued
is ALTERATIONS TO A/~ EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR.
~ne certificate is issued to WILLIAM J BERGRATH
(O~R)
of the aforesaid building.
PL~ C-~TIFICATION DAT~u3 12/06/0~
N/A
52424
BILL BERGP~ATH
i1/20/01
/Authorized Signature
Rev. 1/81
~,~ ~ ~ ~" ~ r ~' :~ TOWN OF SOUTHOLD P CORD CARD
OWNER STREET VfLLAGE
RES.
LAND
NEW
Tillable 1
Tillable 2
Tillable 3
SEAS.
L
NORAAAL BELOW
N
W
DATE
DISTRICT SUB.
ACREAGE
TYPE OF BUILDING
LOT
~ I Est. Mkt. Value
IND.
j CB. MISC../,), .,q
REMARKS ~
Acre
Value Per Acre
Woodland
Swampland
B rushland ~...
House Plot
Total
/ , , £/
ABOV z F a DNW ~ER
Value FRONTAGE ON ROAD
? 4! ZZ~./Floors [ ,~ ~ . ' i
~nteror Fn'sh
Fire P ace ., Heat z -,
Porch j Roof Type
Porch ~ Rooms 1st Foor
Paho Rooms 2nd Floor
J Dormer
Driveway
I
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. 6492
Transmitted herewith is Zoning Appeals No. 6492 of Brian Glenn for William Berllrath the
Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's
Project Description, Questionnaire, Agricultural Data Statement, Full Environmental Assessment
Form, Transactional Disclosure Form, Town of Southold Erosion, Sedimentation & Storm-Water
Run-off Assessment Form, LWRP Consistency Assessment Form, Cover Letter from Suffolk
Environmental Consulting Dated June 29, 2011, Notice of Disapproval from Building
Department Dated June 28, 2011, Owner's Endorsement Between William Bergrath to Brian S.
Glenn to Represent him in this Matter Dated June 27, 2011, Owner's Endorsement Between
Brian S. Glenn to Suffolk Environmental Consulting Dated June 27, 2011, One Page of Map and
Aerial Map, Four Pages of Photos of Property, Four Pages of Deed Between Astoria Federal
Savings and William J. Bergrath Dated October 21, 1999, Six Pages of Copy of Contract of Sale
Between William Bergrath to Brian S. Glenn Dated February 10, 2011, Six Pages of Declaration
Between Pamela Hunt to Subdivide 4 Parcels Dated May 22, 1992, Four Pages of Deed Between
Pamela Hunt to Pamela Hunt and/or the Current and/or Future Owners, Copy of Certificate of
Occupancy No. Z10282 for Requirements for One Family Dwelling Dated December 1, 1980,
Copy of Certificate of Occupancy for Alterations to an Existing Single Family Dwelling Dated
June 5,. 2002, Copy of Property Record Card, Copy of Map Showing Property as it Exits from
Suffolk County Tax Map Dated July 19, 1994 Prepared by Peconic Surveyors P.C., Two Pages
of Plans Showing Elevations and Floor Plans Dated May 5, 2011 Prepared by Joseph Fischetti,
PE.
Town of Southold
P.O Box 1179
Southold, NY 11971
Date: 07/07/11
* * * RECEIPT * * *
Receipt~: 109500
Transaction(s):
1 1
Application Fees
Reference Subtotal
6492 $500.00
Check#: 1002
Total Paid: $500.00
Name:
Glenn, Brian S
108 Krug Place
Mineola, NY 11501
Clerk iD: CAROLH Internal ID: 6492
11:02 $314770130
JAIL 6~11 ~:I~P~z
~D~. -tO cowr~er o~ sma ~aTIm:t~m~°u
W~ BOR~ ~ OR ZP ~ ~2S~S ~ ~ TO BB ~ B~ ~D
"JUL 0 7 2011
~OARO OF APPEALS
RECEIVED
~OA~O OF APPFAtS
RE(~I1/ED
(s) ~ of l~l-l~l pa~ ~xl/or ls~i4~cl psim ~ ( C'~- ~ (i) ~t (Il) b~l~)i
]~er ~ a 3eller f:sih to de~'~ a d/sclosm~ ~ RB~DY. I~ Ttt~ ~/E
FAB.~ TO pBRI,ORlvl T~ DIII~ FILI~I~Jt. IBI~D IN' THI~ AI~.TI~ TO D~l'trl~ A
DIS(::LOSUI~ ~TA~ I'~OR TO'I'm~ ~ BY ~ ~ OF A
COi~'RACf 01' ~;J!, TI~ ~ m ~ UFON
C~D1T (~ ~ I/UHDI~0 DO~.IAI~ AOAI~T ~ AGI~,t~D UPON Irt JIt,CIIA$~ l~ll CE OF
REC~.I.¥ED
BOARD oF APPi:At'S
~ff T RR.
JAIL 6.2.011 2tI4PM 513
~ZD~R ~0 CO~ACT DATBD~ ~ ~, ~0~
~SES: 137S ~lyP~d~e
Sou~01~ N~ Yo~ llRT1
(b) Te~ ~i~y (30) year amortization with a five
(5.) ~ar balloon.
(c) $6o00.00 per ~:~h f~r ~0 (mix,y) m~hm
=~aso~le a~o~ (legal) Eees in=ed ~ =he land~
of $12~0.00 for prepar~tion of ~he mo~gage ~ents
~d all other s~c~ity inet~nts
~n~ible to DaY all ~ecording fees ~ ~he full
valid first lien agai~t the presses,
~i~ci~ s~a~emen~ ag~in~ the ~~ix~es ~d
w~ ~ ~ ,~.93~
RECElVED
BOARD OF APPEALS
United General Title Insurance Company
SCHEDUL]ZA (Description)
All ~ha~ certain plot, piece or parcel o~ %a~Id. with the
buildings a~ld impr~Vements thereon erected, si:uate, lyin~ and
bein~ in t~e ~ of ~u:hold, CO~ty of Suffolk, S~ate of New
~p entitled "Ma of
Office of the Cl~rk ~ ~=-~ Fa~ ~_S~ld" filed in =he
Ma~ ff9538. Y / 9/94
mA~INNING at a Point on t~he southwesterly line of Ackerly Pond
Lazle (formerly Bowm~ L~e) mt the Nort~asterly co.er of the
dfst~t 990 fee~ ~re o~ less westerly fr~m the westerly end of
a tie line c~ecti~ ~he ~outherly mi~ of k~kerly Pond L~e
wf~ the wes~eTly ~ide of Lower Road;
From said 9Oint of be~in9 ~in~ alo~ said 1~ of
~e~oski ~ al~g i~ n~ or fO~erly ~f ~lo=en~e ~. Terry.
14~.95 fee~ ~o the ~outherly
R~ ~ S~th ~8 degases, ~1 ~nu~es, 40 seconds Eas~
24S.~1 feet to a ~in~
~o~,t~o ot: ~~Pc'J~LG
Oct. 24 1! 06:4.?p
p.!
Suffolk Environmental Consulting, Inc.
Newman V'dlage, Suile E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003
(631 ) 537-5160
Bruce Anderson, M.S., President
Fax: (631) 537-5291
October 24, 2011
VIA FAX AND REGULAR I~a. lL
eCezveo
Sou'~old Town Planning Board and Southold Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
Re:
Situate:
SCTlil #:
G.W. MEAD FARM Property
t375 Ackerly Pond Lane; Town of Southold, New York
1000 - 069 - 05 -007.1
Dear Members of the Boards,
Consistent with my testimony before the Zoning Board on September 1"t and the
Planning Board on October 17~ , ! enclose correspondence fr~m Sarah Lansdale,
Director of Planning, Suffolk County Depai;,.ent of Planning to me dated October
17, 2011 documenting that the parcel referenced above has been accepted into
Certified Agricultural District No. 1, effective September 26, 2011. I also enclose
a facts sheet relating to Agricultural Districts for your general infon'nafion,
p.2
COUNTY OF SUFFOLK
STEW LEVY
SUFFOLK COUNTY EXECUTIVE
Suffolk Envi~om~l Consu~ng, Inc.
Newman Villagr., Sui~ E
2322 M~in SWue~
~ Box 2003
BHdgdmmpmn, N~w Yo~k ! 1}32-2003
Oc~:,~r 17, 2011
BOARD OF AppEALS
At'm: Mr. Bruce A. Anderson
Re: 2011/Lgrlcultural Districta Program Annual Enrollment Period
Application # OEP-2011-09
Suffolk County Tax Map it 1000-06 9. 00-0 ~. 00-00 7. 001
Dear
Please be advised that ~e above-listed parcel was considered for inclusion in a certified agricultural
district during the 2011 Agricultural Distfict~ Program open enrollment period pursuant to Section 303-b of ~¢
New York Sram AgricuRure and Markets Law.
Ai~' due consideration, thc Suffolk County Agricultural and Farmland Proieciion Bonnt
recommended that the above-listed parcel contain predominately viable agticuRural innd and thatthe inclusion
of such land in the program would serve the public interest by assisting in maintaining a viable agricultural
industry within the district. The Suffolk Count~ Legislature adopted this reonmmendation, and the
Commissioner of the New York Sla~ Depatlment of Agriculture and Mada~ ~ this reconuuendation.
The inclusion of the above-lip'.ed parcel in AgricuRural Dislrict No. 1 was eff~tive as of S~tember 26, 2011.
Please contact Seasica Kalmbacher at (631) 853-5191 should you have any questions.
Sincerely,
Saz~ Lansdale
Direcior of Plnnning
sL..jlk
Cc: Dnrrel J. A.aberfiue, Commissioner of the NYS Dept. of Agriculture & Ma~els
Tim Laube, Clerk of the SC Legislature (Ernail Only)
Kenneth $. S~hmitt, Chairman of the SC Agricultural & Farmland Protection Board (Email only)
William J. Bergrath
LOCATION MAIUNG ADDRESS
H, tee ~ 61.[~. - ~ FLOOR ~ P.O. BOX 6100 3 (631} ~3-5191
I00 'v=~ =~ MEMORIAL Pll {~[WAy HAUPPAUGE, NY 11788-009~ I'ELECOPtlER (631) 853-4044
FREQUENTLY ASKED QUEST~f~,IS
REGARDING AGI~JCULTURAL
DISTRICTS:
ilUral ~iStr~ct?
What is
H~ ~ an
Who benefits icom a~ agricultural district?
fl~._~'jgricultu,.al district guacantee a
~hl to faint'?
Do agricultural distncts prollibit selling
land?
How are aglricultunll d~tl'i~.s revk~l~ ~.
Im~ may ~ I~ ~'~~ '
Does an agricultural distdct preserve
farmlm~d?
~dv¢ q6cukor~l ~
~l~=ag~cul~raJ. di~tric~ eJiminate a
fanntand wi~in an agri~dtural distdct
~o beam the ~st ~ the agricultural
A~C~TU~TRICT FACTS:
m~on a~. ~g 6.2 ~lian
T~ a~rage ~e in New York s
appmxlma~ 20,0~ ames.
New York's
Agricultural Districts
tile c~6f ^Df. §3g$-a on cnacim~t and
Public Actions Nolic~ Requirements
d~lo~nt. The AD~, s~d 4) r~ur~
~ O~ K~ 0 a~ ~y K lye fl[ mWl bin un
~m s di~ ici, must ~1~
~ ~ti~ r~tnm~ provi~ I~r a ~ll
[u ~ ~qUisJt r I~clioa ~oj~t on
Co~l~lo~r n~ ~r dela~
h~rm~, upa ~v~_
.~flli~i ~ ~
~r or r~ew or n~! of ~e acl~
Policy of State Agencies
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 ~(~q ~..
Bruce Anderson, M.S., President RECEIYEO
OCT 0 7
VIA TELECOPIER and REGULAR MAIl,
BOARD OF APPEALS
October 5, 2011
Southold Town Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
Re.'
Situate:
SCTM #:
G. IF. MEAD FARM Property
Zoning/Special Exception ~4pplication
1375 Ackerly Pond Lane; Town of Southold, New York
1000 - 069 - 05 -007.1
Dear Bo~d{~mb(~ ,~-n.,, ~
~ 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
Oct 05 ]! 07:45p
p.1
Suffolk Environmental Consulting, Inc.
Newman Village, Suite E, 2322 Maio Street, P.O. Box 2003, Bridgehampton, New York 11932-2003
(631) 537-5160
Bruce Anderson, M.S., President
Fax: (631) 537-5291
VIA TELECOPIER-and REGULAR MAIL
October 5, 2011
Southold Town Zoning Board of Appeals
P.O. Box 1179
Southold, NY l 1971
Re:
Situate:
SCTM #:
G.W. MEAD FARM Properly
Zoning/Special Exception Application
1375 Ackerly Pond Lane; Town of Southold, New York
1000 - 069 - 05 -007.1
RECEIVED
OCT ~ -201i
BOARD OF AppEALS
Dear Board Members,
This is to request an extension of time in which to render a decision on the above
referenced application to December l 5, 2011. The ptupose 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.
Sincer¢~ .~
Anderson
cc. B. Glenn
1405 Ackerly Pond Lane
Southold, NY 11971
(631) 765-5418
warde3@optonline.net
September 14, 2011
SEP ! 2011
BOARD OF APPEALS
Southold Town Zoning Board 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
x465 Ackerly Pond Lane
Southold, NY n97x
Attn: Supervisor Scott Russell
53o95 Route z5
PO Box n79
Southold, NY tt97~
Attn: Southold Planning Board
54375 Route 25
PO Box n79
Southold, NY n97~
Att~: Town ofSouthold ZBA
53o95 Main Rd.
PO Box n79
Southold, NY n97x
Re.: Sept_ fi, zon, ZBA Public Hearing concerning Brian Glenn (CV) for W'fl!iam Bergrath:
#649z: Request for Variance from Code zBO-~3 and z8o-~4. Number of permitted uses
under the Bulk Schedule.
2. #6493: Request for special Exception under Article III, Sectionz&~13B(xz).
Cell: 63x377-2644 u~RO O?4pp~e~L$
On September ff. 2on I attended the ZBA meeting regarding the aforemeutioned apphcations. I
will open this correspondence by stating that I requested a copy of the minutes of that meeting
but I was told that the minutes would not be transcribed before the next ZBA meeting which was
to be held on September 25, 2om I did want to take portions of that initial meeting, verbotim, and
respond to their implications but I will not be afforded that luxury. However I will paraphrase as
closely as possible and hope that if my veracity is challenged that the meeting minutes will
support up my position.
The representative for Mr. Glenn and Beag~-ath 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 farm. Then as noted in his DEIS he states that this horse farm has always existed
harmoniously with its' neighbors and will continue to do so. ff one believes this progression of
existence, then if the premise is incorrect nothing else can be believed.
Once the meeting was open to public comment, I proceeded to the podium representing the
Ward's, the Becker's and the Peters. I began with how Mr. Bergrath was a bad neighbor. 1 think
the Board thought that they were about to listen to another disgruntled constituent and in an
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 quaint neighborhood is beyond my
comprehension.
My topics for comment are:
I. Breach of the existing Covenants and Restrictions
BO'~RD O~,~pp~Ls
t. Adjacent to our RCA tight 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 from
Riverhead, to place property markers showing Mr. Bergrath exactly how far he had
impeached on our property. This was ali 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 personally that Mr. Glenn was aware
that Billy has crossed our boundary line. If 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 vev/least
express to his potential new neighbors that this was recognized and would be satisfied.
z. Mr. Bergrath built a Barn directly across from the Peters' private driveway without Town
permits. More than 3A of this barn was constructed on our properties. On SepL 9th the
Ward's, Becker's and Peters flied a complaint with the Building Inspector's office. Then on
September ~t~, 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 ali the above listed that the Barn
was constructed in direct opposition of Section 4 subsection (i. of the Covenants and
Restrictions (C & R's).
3. 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 ~,
x999, the Planning board stated that" Lot ~t ...... is 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 Restricfons." Section 4 subsection e), in the C & R's follows up this sentiment clearly.
He uses his driveway for his personal use while he directs commercial traffic up our
common drive.
4. In Section 4 subsection (g the C & R's speak to 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. Glenn's DEIS he does not list his outlets for
manure disposal. If any storage of offensive material should be contemplated a
comprehensive plan for disposal complete with permitted outlets, site location for
proposed storage areas, and amounts to be stored should be submitted.
5. Section 4 subsection h) talks about the premises" to be kept bee of all Signs...". On
Ackerly Pond Lane Billy has had a Double B sign displayed on his tree for the past two
years.
It is our neighborhood'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 any application
or sale be permitted. He should not be rewarded by being allowed to sell Lot OX 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 remind 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 majority of the meeting was consumed
by the sponsor for the applicants (Mr. Anderson I believe) presenting 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 from an
approximate z5 to z3 with 3 of the z3 owned by Ms. Sullivan. The board questioned how many
horses were being boarded as of that day? Mr. Borgrath was asked to respond and his answer was
approximately n. Then the Board inquired how many a month ago and the number increased by
~. When prObed further to one year ago the number increased to ~7- It was never determined
when in fact he had ever had as man}' as zS! It is the practice to deceive Board's, the Supervisor
and the neighbors of our small community that further promotes distrust in this project going
forward. This deception, no matter how insignificant it may be regarded, is intentional with the
purpose to down play the impact that this project 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 OX 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 past my home! Yet it was
openly discussed that the traffic would have no significant 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 dismayed at the fact that we, the collective, ate even talking about an illegal
driveway and that Town doesn't insist that the project apply for a varL~ee to open Lot Ox to
^ckerly Pond Lane for either personal or commervial traffic prior to this project moving forward?
This is just another example of how Mr. Bergtath 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 residents. When was the last
time a board member had a Tractor Trailer in their private driveway?
RECEIVED
SEP 1 5 2~!I
BOARD OF APPEAL~
RE. CE]VED
SEP 1 5 20~1
~e ~er ~t~ ~/~/~z, ~ u~at~ on 6/zS/zon enfifl ~fice
of Di~ppro~, to ~e Applic~ ~tes ~t ~e prope~ ~ que~on is zo Acr~ ~d ~ ~erefore
not pe~i~ for multiple ~. ~e in~tor who made ~s dete~inafion ~ ~k~ to ~e~
at ~e ZBA meeting held on ~ptem~r z~ ~d to ~l~n how ~e To~ Code, ~cle III ~on
z8o-x3 & ~ were applied.
Not being ~ well ve~ in ~ ~ ~ 1 ~B ~ to ~p~ ~ re~ome ~ I ~de~ood
~s r~. He ~ ~t ~e ~er of ~e ~w ~t~ ~t ~e app~t ne~;
a. z acres for his single family residence.
b. zo acres for his horse farm
c. z acres for the Academy
This called for a total of ~4 acres for all the multiple uses applied for. The applicant only has zo
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 family 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 additional z 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 teal me that was not his intention and I while I believe him
the down grading of the necessary acreage for this project was all but a foregone conclusion.
I am curious why the example didn't include;
a. · acres for his single fi~mily residence.
b. ~o acres for the Horse farm and Riding Academy.
I suspect that this example called for ~ acres and the applicant 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 swimming
pool while demolishing the old home and pool. While he had every right to live in that old home
and swim in that pre=existing pool he wanted to build new. The problem was that the old home
didn't meet the xoo' 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 quiet at loo'. 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 loo'sethack. Mind you the 5' extra feet still didn't get the ~oo' set
back but did diminish Mr. Phillips sunset view by a potential ~ degrees. The plea from Mr.
Phillips was to allow him spend his life savings on this property, with this view without losing
those ~ degrees of sunset and the Board members response was that it was his job to essentially
move him as far hack 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.
Phillips and less Bergrath's. Also consider what expense Mr. Phillips is willing to endure to keep
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 ~99x 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 Restrictions. 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 to 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, x9 years ago, had a Letter of the Law attitude with respect to how this
land was to be used. That propexty was farmed by the Diller 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 mean 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 extensive list of
examples sighted under each section are so specific that ff a commercial application such as a
Riding Academy able to support a potential Sz million dollar inve~t~aent 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 different 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 commercial building a paved parking lot, and commercial traffic
traveling up our common drive!
I beseech the Supervisor, The Planning Board, and the ZRA to adhere to the Letter of the Law and
deny this application because the quality of this land and the quality 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 them. 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.
~ RECEIVED
BOARD OF APPEALS
5
I thank you all fi~r 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 Planning 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 February of ~on while the residents of Ackerly 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
t6~a, to confirm your availability.
Sincerely,
Jo~hn~)~r~4~~ ~dents of Ackerly Pond Lane
PS: If one concerned Town Board member would be so inclined as to make a ~ce; would
someone be available to witness the condition of Mr. Bergrath's personal horse 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.
Thank You RECEIVED
BOARD 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 Fax: (631) 537-529 I
Bruce Anderson. M.S., President
HAND DELIVERED
September 14, 2011
Southold Town Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
Re:
Situate:
$CTM #:
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 ara found acceptable and reasonably
necessary by the Planning Board and which ara 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 ofbams 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 Ackedy 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 Lackofsuitableexistingmanuremanagementpractice
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
DECLARA T/ON
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 wheelertrucks, 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 drivewaK
The applicant intends on fully participating with the neighborhood in
the maintenance of the shared driveway.
Commercial use of the property
The applicant intends to conduct home farming operations on the
site. Home farm operations like all farming operations are
commercial in nature.
Traffic impact to Ackerl¥ 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.
Wildlife impacts
There are no anticipated potentially large impacts to wildlife
anticipated to occur are a result of the proposed project.
Character of the ne~qhborhood effected by associated noise,
crowds, dust and pollution
Noise, crowds, dust and pollution would be reduced at the site as
the number of home 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.
Building is out of character with the neLqhborhood
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 homes and the uses of the homes 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 homes is to be eliminated from the premises.
Lack of suitable existing manure management practice
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 pro-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.
o Substantial relief requested;
No dimensional or coverage relief is requested and the intensity of
use decreases as a result of the project, if approved.
o 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.
Compliance with the requirements of the May 22, 1992
DECLARATION.
The Planning Board by MEMORANDUM dated August 12, 2011
has certified compliance with the May 22nd , 1992 DECLARATION.
Compliance with the requirements of the November 22, 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) purchased 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 ~ullivan
Brian ~lenn
41 Cutlas $1~eet
Riverhead, NY 11901
September 14, 2011
5outhold Town Zoning Board of Appeals
P.O. Box 1179
5outhold, NY 11971
Re;
~.W. MEAD FARM Property
1375 Ackerly Pond Lone
5outhold, New York
Dear Members of the Board,
As requested, I 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 Backer. The three couples own lots 2, 3 and 4 which
are adjacent to the property. We met at the Backer's house last night.
attendance were Brian Backer 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 a responsible neighbor. It 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.
I..ucille .Sullivo~
SEP ~ 201] (.Oq~
1405 AckeHy Pond Lane
Southold, NY 11971
(631) 765-5418
warde3@optonline.net
August 23, 2011
80At D Op , pt ALS
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, it 6492 and it 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 it 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 is the "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 lar~er 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 ofthe 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 be 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 stora§e area. Secondly, the property has not existed
harmoniously with its neighbors. Years ago, Mr. Ber§rath 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
P, ECEIVED
2
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 he 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
$1.050M, web # 7611.
In his appeal, Mr. Glenn claims that the relief requested is not substantial. This is not true. The
purpose of the bulk schedule of the Southold Town Building Code is to balance the rights of a property
owner to improve his property with the effects that those improvements will have on his neighbor's
properties. Building height and size restrictions were established so that one man's dream does not
overwhelm his neighbor's property. If constructed, the huge, oversized barn and indoor arena would do
just that. They would overwhelm the neighboring properties. The proposed building is not even close
to conforming. It is grossly oversize. It is between seven (7) and fifteen (15) feet too tall and it
encompasses approximately 33 % more square footage than is currently allowed by code. The proposed
building would totally dominate the surrounding area and it would be out of scale with
3
AUG ! 2011
BOARD OF APPEALS
: RECEIVED
AUG 3 1 ZOll
buildings in the neighborhood It will obscure the scenic views, cast long shadows, J~bcreate an
unsightly, urban, factor~ look. Substantial is a relative word. However, Mr. Glenn is proposin~to ~1~A£$
building that is approximately 1/~ lar~er and at least 1/~ ~ller than what is permi~ed. This is a
substantially lar~er buildingl He is in fact requesting substantial relief.
In his appeal, ~r. Glenn states that the alleged di~culty has not been self-create~. This is not
true. ~r. 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 I that is designated
'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
RECEIVED
The most obvious conflicts with these restrictions are that the proposed sale
ur PEALS
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
5
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
AUG ,t 1 011
BOARD OF APPEALS
7~..,~F_ August 26, 2011
Re: ~v-".!ng Ezmd Variance Hearing Sept. 1, 2011 - Begrath
Dear Mr. Russell,
I was raised in Southotd. 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 purchase 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. (Planning 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 property lines. He has proven
that he cannot manage a 12 horse farm. He is an absentee farmer. How will 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
Association.
driveway.
3 1
Mr. gergrath has never contributed to the maintenance of any commum z- $
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
SUBDIVISION MAP
PURITAN FARMS
A T SOUTHOLD
TOWN OF SOUTHOLO
SUFFOLK COUNTY, N Y~
Jan. 7, ~992
\ %®
SUBDIVISION MAP
PURITAN FARMS
AT SOUTHOLD
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N Y;
SUBDIVISION MAP
PURITAN FARMS
A T SOUTHOI..D
TOWN OF SOUTNOLD
SUFFOLK COUNTY, N
~000 - 69 - 05 - 07
Jan 7, ;992
,._ ~...~,/,~ .
USPS.com® - Track & Confirm Page 1 of 1
Track & Confirm
First Class Mail¢~Not~ce Left August 29, 2011.2 59 pm SOUTHOLD NY 11971
Processed through Sort Augus128, 2011 434 pm MELVILLE, NY 11747
Forwarded August 25 2011 147 pm SOUTHOLD, NY
Notice Left Augus~ 18 2011 948 am SOUTHOLD NY 11971
Arrival at Umt Augu$118 2011 947 am SOUTHOLD, NY 11971
Acceptance August 17 2011, 11:36 sm BRIDGEHAMPTON, NY ~ 1932
Check on Another Item
Wlmt's your label (or receipt) number*
LEGAL ON USPS.COM ON ABOUT USPS COM OTHER USPS SITES
https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels 1 =70103090000322053463 9/9/2011
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.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 1 t971-0959, on THURSDAY~ SEPTEMBER 1~ 2011:
11:30AM - BRIAN GLENN (CV) for WILLIAM BERGRATH #6492 - Request for Variance
from Code Sections 280-13 and 280-14, based on an application for building permit to
operate a riding academy and keep, breed, raise and train horses, and the Building
Inspector's February 14, 2011, Updated June 28, 2011, Notice of Disapproval stating that
the proposed use on this parcel in the AC zone is not permitted and exceeds the code
permitted number of uses per the Bulk schedule; located at: 1375 Ackerly Pond Lane
Southold, NY. SCTM#1000-69-5-7.1
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 emaih
Vicki.Toth~.Town. Southold.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
Sworn to before me this
LEGAL NOTICE
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Candice Schott of Mattituck, 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.
Principal Clerk
~) '~; day of
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 August 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 all 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 to
obtain a mailing address or to deliver the letter to the current owner, to the best of your ability,
and to confirm how arran.qements were made in either a written statement, or durin,q the
hearin.q, providin.q 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 Au.qust 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 applicantJagents 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.q 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.
NOTIC
OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME:
GLENN, B. (BERGRATH) # 6492
SCTM #:
1000-69
7.1
VARIANCE: MULTIPLE USES
REQUEST: KEEPING OF HORSES & RIDING
ACADEMY
DATE: THURS., SEPT. 1, 2011 11:30 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 OF APPEALS-TOWN OF SOUTHOLD 765-1809
TOWN OF SOUTHOLD
ZONiNG BOARD OF APPEALS
SOUTHOI:,D, NEW YORK
In the Matter of the Application of
AUG 3
BOARD OF APPEALS
AFFIDAVIT
OF
MAILINGS
(Name of Applicants)
SCTM Parcel # 1000- Le~} _ ,~. -'L
COUNTY OF SUFFOLK
STATE OF NEW YORK
restmng
New York, being duly sworn, deposes and says that:
Onthe 17d'dayof /Ov~b-uJ/'-- , 20B , I personally mailed at the United
States Post Office in ~/_/~/.~/4./O-mp/~J , New York, by CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in
Prepaid envelopes addressed to current property owners shown on the current assessment
roll verified from the official records on file with the ( t~ssessors, 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)
Sworn to before me this
/ AtNotary Public)
M~t*hew D N~nS
Ouahfifidlr 5.ffv,kC)unty .it
PLEASE list on the back of this Aff~a.it e~,r~t'~h~ort~laap~(t~e lot numbers next
to the owner names and addresses for which fiotices were mailed. Thank you.
, · ~lt~asl,2, a. d3. Nso~m~et~
Item 4 II ~ Dellvely 18 d_ __,:~'ed.
· Print your name and address on the reverse
so.that we can return the card to you.
· .A-n,~_ tt~ ,'u:.d t~ the ba:~ of the maJlplece,
1. A~ticle Addressed to:
D. Isde~addressdifferentf~omlteml? 0lYes
if YES, enter delivery eddress below: [] No
7010 3090 0003 2205 3487
Dorne~o Fletum Receipt
so thet we can r~ur ,11 ,l~,card to you,.
· Attac, h this =ar~ t~ tJ~r.,k of the mmlpiece,
r-10.O.D.
[]]Yes
ps Form 3811, r-axua~ 2004
7010 3090 0003 2205 3470
Dome~lo Return Receipt ~.~/.~. 41/
so that we can tatum the card ~o you.
· Attach t~ls card to the be~ of the mallpisce,
or on the fmat If ?~_ permits.
1. A.,ticle Addressed to:
[] Agent
r'l No ·
[]
4. Resflioted Delh,~y? (E~ta Fee)
DYes
7010 3090 0003 2205 3500
PS Form 3811, Feb,ua,y 2004 DomesUc Retum Receipt ~f/~..C.~ ,O~S~O~-M-154O !
m
m
m
m
$ ,s.s,)
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11
ru Po~tage
$ ~s.se
$2.8~
$2.30
USE I
m
$ $5.59
[:3
[~. orPO Box No,
$ ~0.44
$2.85
~0.00
AUG 17'~111 ,,
R6strlcted Delivery Fee
[~ (Endomement Required)
$ ~5.59
· COml:debHtem81, 2, and ~. Also (xwnplete
Item 4 If Rest~-'ted De~l~ Is deelred. :~
· Print your name and _~d, uess on ~he reverse
so that we can tatum the card to you. - '~
· Attac~ this (3alcl to the ba~ of the mailplece. ,~
B. Received by (Printsd Name) C. Dat? of D~ive~
2. NIJde Number
¢~s~',~:m~,~ce,~O 7010 3090 0003 2205 3494
m ~ 3811, Feb~ 20~
· Complete Items 1, 2, a~:l 3. Also complete
Item 4 If ResMc3ted Dellve~ Is desired.
· pflnt your name and address on the mveme
so that we ean return the card to you.
· Attach this card to the back of the mailplece,
2. AdJcle Number-
('rrana'~ fro~ sera, ce/a~/]
PS Form 3811, February 2004
· Attach this card to the beck of the mailplece,
or off the fToflt ff %~,"A permits.
B. ~(~ved_by ( P#nted Name) I C. Date of Delivery
D. Isdelberyaddre~dhff~,ifTomlteml? [] Yes
If YES, e(ffer delivery address below: [] No
r-I Re(urn Rem/~ f~r MerchandJ~
[] C.O.D.
4. R~--~cted Dah/e~ (~,m Fee) DYes
7010 3090 0003 2205 3517
/~'~ I C. Date of DelivePJ
2011
,,l~[Certmed Ma~L O~Ma~
01~ OC.O.D.
PS Form 3811, February 2004
7010 3090 0003 2205 3456
Newman Village
Main Street . ,i
P.O. Box'2003; Bridgehampton ' · '
New York 11932-2003lSr NOTICE IO[~[.-- '~n~.n nn~n nnn~
2ND"- ~'~ ............ 2205 3463
South NIX~ ~7 ~E ~ O~ ~010~1~
FIRST CLASS MAIL .~,~ .~o
U.~'. POSIRGE
BRIDGEHAMPTON,NY
1193~ ~
RMOUNT
$5.59
00093790-02
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
SOUTHOLD, NEW YORK
In the Matter of the Application of
AFFIDAVIT
OF
POSTING
~'./~ (,44_~u~, F-~- t~q#ml~,~ (Name of Applicants)
Regarding Posting of Sign upon
Applicant's Land Identified as
SCTM Parcel #1000- ~ q - $--~ '7- ]
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
., New York, being duly sworn, depose and say that:
On the l -~d~ day of jt~//,~b/_q~- ,2011 , I personally placed the Town's
Official Poster, with the date of hearing and nature 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 hearing date was shown to be ~ ~ O ~ [
(Signature)
Sworn to be~re me this
d~ ,~.fiDay if~T-~///..~f....~, 201/
/~ r/~ ; -~ ~ ~ ,
* n~ th~ ~ntr~ce or driveway entr~c~ otmy prop~y, as ~ ~a most visibl~ to p~s~rby.
Suffolk Environmental Consulting, Inc.
Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgchampton. New York 11932-2003
(631 ) 537-5160
Bruce Anderson. M.S., President
August 22, 2011
Fax: (631) 537-5291
RECEIVED
AUG
Southold Town Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
BOARD OF APPiZALS
Re:
Situate:
SCTM #:
G.W. MEAD FARM Property
1375 Ackedy Pond Lane; Town of Southold, New York
1000 - 069 - 05 -007.1
Dear Board Members,
With respect to the above referenced application, please find attached:
Original Affidavit of Mailing Notices (w/cedified mail receipts),
dated August 17, 2011, for both the Special Exception and
Variance requests.
Kindly review and retain within your records. We will forward the green
return cards as soon as we get them. Should you have any questions
concerning this matter, please feel free to contact this office at any time.
Thank you as always for your attention and consideration.
Sincerely,
Diane K. Wassick
EncI.
Cc. Mr. Glenn
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
USPS Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
MEMO
TO:
FROM:
DATE:
SUBJECT:
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
Planning Board
Leslie K. Weisman, ZBA Chairperson
July 7, 2011
JUL ' 7 2011
Request for Comments ZBA # 6492 Brian Glenn for William Bergrath
As confirmed with your office, the ZBA is reviewing the following application, and
enclosed copies of Building Department's Notice of Disapproval, 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#1 ZB..._~AZONING REQUEST PLANS PREPARER
ZONE CODE DATE
STAMPED
BERGRATH, t000-69.- #6492 Article Keeping, May 5, Joseph
William 5-7.1 III, breeding etc. 2011 Fischetti,
Section of horses and P.E.
280-t3 operation of
and 280- riding
t4 academy
Your comments are appreciated by August 7,2011 .
Thank you.
Encls.
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
USPS Mailine Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
July 7, 2011
Mr. Thomas Isles, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Isles:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
ZBA File # 6492 Owner/Applicant: Glenn, Brian for BERGRATH, William
Action Requested: For keeping, breeding etc...of horses and operation of a riding academy.
Within 500 feet of: ( ) State or County Road
( ) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
(X) Boundary of Agricultural District
( ) Boundary of any Village or Town
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Encls.
Leslie/K-:.
~/eisn'Jan
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
Southold Town Hall
53095 Main Road · P.O. Box 1 I79
SouthoM, NY I 1971-0959
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY I 1971
November 18, 2011
Bruce 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
End.
Cc: Building Dept., Planning Board
KEY MAP
SCALE' I" = 6OO'
NOTE' :
SUBSURFACE SEWAGE DISPOSAL
SYSTEM OESIGN
BY: JOSEPH FISCHETTf, ?.E.
HOBART ROAD
SQUTHOLD, N,Y. DBTI
RAIN RUNOFF CONTAINMENT
BARN-ARENA ~, 19,$lB sq. ft.
$,JlT,'4~.B-~ ?BvF. · '~0~'
PARK~G & DRIVE ~A PAV~TI' C~o
8,690 sq. ft. ~
SeBO . o.e . o.~ - sss ~..~.
1, ,
/ ~/ ~ t ~ ,/ / ' ~'~
// "
// / .. -
NO TS,
COVENANTS AND RESTRICTIONS ~.
APPLY TO THIS PROPERTY N
PLAN OF PROPER
~ A T SOUTHOLD
~ TO WN OF SOUTHOLD
~JUL 07 Z011 SUFFOLK COUNTY, N
~A~OO~A~ ~000 G~ Og Z~
25'
/ ~ ~ I
/
PARKING
2 - D~VELLING
I0 - BARN
12 TO TAL
INCLUDES ONE HC, STALL
UT~..ITIES
Itl F_.L L $
SEPTIC SYSTFJAS
BAS
~J. ECTRIC
CASL EVI$,ION
ELEVATION$ AND CONTOURS ARE RE~E~ENCED
TO N6VD.
~> = FLOOD LAMPS (SHIELDED DOWNI
E, XISTIN~ PADDOCK FENCES NOT Ekff)WN HEREON
..~,~ = PROPOSED CONTOUR
LOT NUMBERS ARE REFERENCED TO
"SUBDIVISION MAt= PURITAN F,ARMS'
FILED IN TIlE OFFICE OF THE &"IJFFOLK
COUNTY CLERK ON JULY 19~ 199,~
AS M,~P NO. 9538
May 31, 2011
t
ZONING DIS TRIC T : A .... : is no~,/v _
SCHOOL D/STRICT' 5 (SOUTHOLD) - . '~ PACAw~ SO, .
FIRE D/STRICT, , 28 (SOUTHOLD) I~ u/'HOdo
APPLICANT:'
BRIAN S. GLENN '"
CIO GUFFOLK' +'NVIRONMENTAL CONSUL TIN'G.~
P.O. BOX 2003
'BRIDGEHA~PTON~ N,, Y: 11932- -
AREA = 10.004 Acres
ELIS
BOX 909
1~30 TRAVELER STREET
$OUTHOL~ ~
EL2.7
99-518
J