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HomeMy WebLinkAbout1000-108.-4-1.4 k GLEAN 5AND 10.00' SMOULDER AREA. DRAINAGE CALCULATION5 TYP/G.4L EX/5TING A5PHAL T USE HA7ERIAL. AREA (5.F,J X l� am:G = E� VV. MAIN DlE516N X DE50V RA*, z DE56V VOL. (C.A) E ROAD SURFACE4 STALL PRE-FAB IINWAW R0 F/W A-99W T 3 5TA1.L BARN : -120 5.F X!.O X 00 = 115.2 G.F RMS 1'144.0 G.)=. PROVIDW - BARN LIGHTING 5CH EDU LE 5HI111t XE 2 STALL BARN : 240 S.F. X l.0 X 0.16 = 33.4 G.F. RE �'60a0 O.F. PROVIDW Q 24.00' FULLY SHIELDED FIXTURE 00 0° 0 0° v o o CAN B A (SEE SPEC) %a�' C3 0 ° ° ° e0 GLEAN 6Rr4VEL FILL. D N ry \ ©° 00 °v FILTER GLOTH z SHEILDED PAR FLOOD °D 0 ° 0 °°°0 U� r DO ° 0 0° 0 �' 0op� UNEXGAIV�4TED SOILPARKINGr � B (SEE SPEC) 43 °apo opt o ° 0 ° _ o. o 40 00 0000 0 0 �) o O NOTE: ALL LIGHTING TO BE REQUIRED PARKING: 12 PARKINC7 5TALL5 y t`(� (� MOTION ACTIVATED. AND 2 HORSE TRAILER5 WITH VEHIGLE5 CA o ]E5 \1M, Z�/RAPARKING AREA. o / 7A/L 12 PARKIN+ STA L5 I 5CALE krs. AS� 7�i�5 WITH VEHICLE 72. 4 5 LECT To TIE FOLLCHIW-7 ZBR coNDITiON5: PARKING AREA. I. The Specla/Exceptlon Perm/t granted heroin may involve o change h occgxmy or o chaxge In use or a chafe within o c/as.sificllan of die oa cq"Vy. 7hrnefa», as a ceart 0bW of g9pVV01, Ow eFpllcant must contact the Buildng Department to make the determhotlon Metoer or not a &Ildhg Permit Is regvkwd and 6W clla rs will tv NYS Car ""001t. 2. This cla/Exception Permit r uires an at permit and tion by a Buildbg Inspector from the BWldhg Dopff*A a!' Mat must be r�xa nod O eP �"9Pe 24" DEEP X 15" WIDE GRAVEL to contact the Building Department on an a vwl basis to sche&le the requkwd hospectlan Fa//ur'e to do so may negv" a pWk hrarhg before me ,�,"fit e!"� to re v � cn potential actlon to revoke the 5pecla/Exception Permit granted herein. INFILTRATION TRENCH DRAIN (TYP. ESA BARN) 3. The _cpmia/Exceptlon permit granted heroin /s subject to site plan gnprova/ from doe P/a "Bpd. •••.... .ter. � , .....■ .� 4. ho&lthstarading the provisions of Ghaoter 205 of the Tom Cade, no more ffim six (6)s�rigke ��events may be held anvil*at No x4yoct�sqwt to,bhrrr �'J�e of a .�peclaJ Event Permit. 5 Ingress ad egress is prohibited*ow i► *aio 5 Pada (a/k/a Theresa Lane), except for enaer' *xy access by omory ncy PWSO he/ 6. The development riots sold parcel(BcTM� 1Cioo-l0718-4-I.4)shall only be used by dxr boors dig.5F�ra WIter AOM, LLC or 'ottltiy qp&% #y db �'�����►1 ►J1 not ! be used in ar y rnaaner by the public andor r'Idbg acad ny patrons.' ` or w l 1 7. horse mawre shall not b+e stored wlthho 150 feet of I�►oe. 0. horse mawre shall be removed a m1f* m of once per' week. :2 saw s I'= �ro'-0� 9. This Special Exception Permit incorporates the terms of the Land P eswvotlon Comm/ttee A provq`rJ"dr;�ti�d 17Jrrd OnWr 2, 2014. IO.In the event that a&Ild/ng permit is submitted to construct an #Wbor rAAV rag at the sub„Ject prr aert�. a new gait d1m fir~0 *m& ri tion Permit must be zpo/led to mop. Law f 8-�Rb � i"�11�► # qql'� +cam i�tle X112 ,, ...,. 4 f V q- �� ID 44.3' �' �, • � � `� 0111 Development Development 540 Qui 5 Rights Sold Rights Intact 140.51 536°31 '50"E 423.50' _ 20.00 Acres 4. 18 Acres ' `534°42'50"� 4` 2.40 C'�1 P a f w�Ie 538°31 ` a � 53-70365011E 36' 16 Q5' 536032'50"E 101.201 2q�.63 67. �� 55&03015011E `T NEW FENCING (TYP)- _-.-_ --'-- - -- 1 1 ACCESS ON LY I LOW ofNom .M .�.« .. . PADDOCK AREA PERMEABLE DU5TLE55 1 Q Mocha* M� �-- _ _- -- _------- --:,.,......__._-._.._._- _�=-•_ ..., .. ._.... .- _.-_• _-'-_ _ _ __ __ --'----- -- � � � � � PAVING ANDUN-OBSTRUCTED O � k 15'-0" W ACCESS TO I o (� .. .w.'«r'..r..r •..r'f,nr 'yFA;'wM. w+.fit` •r'' _..r.1.-.-, i - -- -- _ i_•--.---.--.-- •....•...,...,,.w.' '--'-- #' - ...._�.__•--.-►.,..:..,.,..•,}.,,,,...�.,.�i,..�,........... _,_ PROPOSED BARNS 50' RADU15 1 (V -- -- "--.__.__ _---•--•- -- -•--•--•-- TURNAROUND I � 1 -- --- _ MANURE DUMP AREA I 536°4cf'33"E 303.55 ° - -"~ W�.- w.nr, " +•Y.,..-rr•r..__•.•._ .!u1w w.iw,aa.- _•-- iu•.+- ww•�..r,+w._ ... .r„qw,�tb yy,-,, , i,..row ( •--•--•--•-TRAILER, PARKING 40'x9' (2 SPOTS) �s OIDWELLINGE 1 "'' A.•:• : .t:: 2 PARKING SP. `STRAW BALE DIKE " _ '` ;v• '. " 8-STALL 3-STALL r ,• •- .t';." BARN BARN40 ctts M."t - _ •' -� .' 1 a ti:w:`•txl :l' k ry.1.: •: o'; .v.',, l / °V_ �' . n•` .44" / ...t. ....i i .,•:..:.•:bUTDO01 '�I AII�IIVG AR .<;.�;1:;: / /�� - ,•.:: I,.r,tw r«.. ------...- } 1 a E MIABLE SANd SURPACY:'.1 - ' ..±r.•!!M.'p'w'YM`.M::'"i' '�,� IN 1 .:.:,j..,.,.ti.} ;t,w ,.. • ,,:•,,:;e•'y h'' + ir t.+f. :; .i. '-*e. - r.w, , G l 1 1 1 i 't: ....r.•',::• e•r' 1:' 't Y / PARCEL /N,=ORy�A TION �• � - .- � . _,•.,.- -. '. ala._ ( 4• :...f•7.;:..a" :.iri�• ♦tat .• 1l" r;t t.,J'.:•'::• ..'i (�rr��1�� yy11 +r1..i.'aw+lw.My,is rtr�r..�w,a.' �.' . -. 1 !w:•:t�•'•i''.t�:"�'.: i. 4 yv�+' ,,tr.„.v•x}:` ..t.\'•,. / N360 5HO W4L 7M AA1*'5 LLC 56cTIO N: /08 16625 MIN Row ZSl &OCK: 4 k 3 N34°2.4'55 11'^' -32 ruTrl7rrr,►�nor//e2 Lp7: �4 ? 5.00 24./6�IGKE5 }•. P-/ Development Development �. [ (� NOTE: ALL PROPOSED PARKING �` �'S E y E Rt hts Sold Rl hts Intactr ON F>QSTING DIRT DRIVEWAY AREA t�c�rL" 20,00.Acres 4. 18 Acres r�• DEC - 82014 Awrl a.... M + Il! iE1rIfA�11w'1'1�D He" Pout np Board old Town NANIZ l .Ii �AEp 'c REVISIONS/SUBMISSIONS: DRAWING TITLE: / T11 DA'1'1c Ig` ONp yc'S'r�\ DATE: DESORPTION: moo" titer\�s nnon4 acvinon PLOT PLA/`I lmd ���► nninA Rr-\WOn WIT11 PROPQ/ ? EAR/1-f 1W Ap . tt Dt�oOi� oz; a�, CAD FILE NAME: w, 1777 PIP 080414 PROJECT TITLE: DATE: NSA PROJECT : N EMSCHICK SILVERMAN ARCHITECTS P.C. ...u,.tiuNns or Ntc��nTEcnowE. ,/'f10WALTER FARM 6/20/14 15 1777 IML 11& 18625 MAIC ROAD SCALE: DRAWING NO.: Y1L ff N IL J ..�. ,� _ MATTITUCN AY 11952 33105 Main Road, Cutchogue, New York 11935 �/1OTED Phone : 631-734-7007 Fax : 631-734-7347 DISTRICT: SECTION: BLOCK: LOT: DRAWN BY: h ttp://vvvvw,n s-a rah.c,-c>m PLAN NORTH co�rlMra+r you r�a�ac a.ventyw n�c 1000 108 4 1.4 jib GLEAN 5AND 10.00 5HOUL7ER AREA. DRAINAGE CALCULATION5 TYPICAL EXI5TIN6 A5PHAL T U5E NATERIAL AREA (5.F) X RUNOFF 60EF. = E00 DRAIN DE51ON X DE5I6N RAINFALL = DE5/6N VOL. (6.F) RADE ROAD 5URFACE 4 STALL PRE-FAB LIGHTING SCHEDULE _ ROOFING ASPHALT 3 5TALL BARN : 720 5.F X /.0 X 0.I(9 = 1/5.2 6.F REWIRED / 144.0 6.F. PROVIDED BARN 5HINGLE 2 5TALL BARN : 240 5.F X 1.0 X 0.16 = 38.4 G.F. REQUIRED /60.0 C.F PROVIDED B 24.00 � FULLY SHIELDED FIXTURE 0 00 °0 00 p o A (SEE SPEC) D �OooOoo 4 0 0� GLEAN GRAVEL FILL. 7a � ooopoa pQp�p FILTER CLOTH Z y SAEILDED PAR FLOOD 00° o°o ° Q) B (SEE SPEC) Qpooo� = UNEXGAVATED SOIL 30 PARKING PROVIDED , � O 0 1�� o p O 0 06 p1<11 1�3 NOTE: ALL LIGATING TO BE 0 0 00 o O o oo°o =11111 �° A ® MOTION ACTIVATED REQU I RED PARKING: 12 PARK I NCS STALLS _ _ = NITH VEHIGLES F O m t`f� �_ - AND 2 HORSE TRAILERS r PARKING AREA. O r i PROPOSED PARKIN&: 12 PARKING STALLS i 4 r SCALE N.T5. AND 2 HORSE TRAILERS WITH VEH I GLES if SUBJECT TO THE FOLLOWING ZBA 60NDITION5: PARKING AREA. { 1. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy. Therefore, as a condition of approval, - r the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be hJYS Code compliant. tfi � Q I1 . It is the ant s responsib�litu 2 Thrs ectal Exception Permit requires an operating permit and ms ection a Buildrn Ins ector from the Bu,ldin Department that must be renewea' annually pp �� r# O F- 2 4" DEEP X 1 8" WIDE GRAVEL L p q P 9 f' p 9 p 9 P y m - W to contact the Bvilding Department on an annual basis to schedule the required inspection. Failure to do so may require a public hearing before the ,Zoning Board of Appeals to review � ���� I N F I LT RAT I O N TRENCH D RA I N potential action to revoke the ectal Exception Permit granted herein. TYP. EA BARN ' 3. The Special Exception permit granted herein is subject to site plan approval from the Planning Board. ;� f r 205 of the Town Code, no more than six (6) sin les ectal events may be held annuall at the subjectproperty, sub ect to the issuance of a eclat 4. Notwithstanding the provisions of Chapte g p y y j j Event Permit. Ingress and egress is rohibited through Noah s Path (a/k/a Theresa Lane), except for emergency access emer enc ersonnel onl . 9 9 p g p 9 y � 9 y p y � . a�kmrt,����• �. ' ' ., , 6. The development rlghts sold parcel (5CTM # 1000-106-4-L4) shall only be used by the boarders of Showalter Farms, LLC or any other entity operating the boarding operation and shall not be used in any manner by the public and/or riding academy patrons.° For the purposes of this Special Exception the term ©boarders° shall be defined as gnersons who own a horse boarded at the subject parcel or persons who have a lona term /ease (six months or longer) from the owner of a horse which is boarded at the subject parcel°. T/ON -7. Horse manure shall not be stored within 150 feet of an ro ert line. �®CA MA)'= �I A N_ yp property 6. Horse manure shall be removed a minimum of once per week. 5CALE = N.T.5. 56ALE = P q This Special Exception Permit incorporates the terms of the Land Preservation Committee Approval dated December 2, 2014. lO.ln the event that a building permit is submitted to construct an Indoor riding ring at the subject property, a new application for a Speclal Exception I�ermJt must be applied for. � MOP�ofeaEl J oe ab o 5 gig#as 3I ct. 31, Ma of "�li ah's O Lane Estates►, Sect. 211 Map I -08-gb as f=ile # gg12 44 ° -°� S J 44 Development Development J 540 Oqf 5O Rights Sold Rights Intact 556°E3I '5011E 423.50' x 20.00 Acres 4. 18 Acres >�so� 140. 1 ' S54°42'5O"� 4c42.401lN1RE �. o � 1. 1 538 �I �O E 64 .60 55-7002 '5.0"E 566.5-7 5�-7'°36'�O"� 2�i-7.6�' 6 S36 052'50"E 538°�O'5O"E �.�6 162.�f�' 101 .20' -- -- -- -- --•--•--•--•--•--•--•-- NEW FENCING (TYP) - -- -- - -- --� � I I EMERGENCY I �Q Land of .0 ACCESS ONLY I - Q� New York State PADDOCK AREA PERMEABLE DUSTLESS I O O �� 14 Cn �� '� PAVING AND UN OBSTRUCTED .9 r- - -- -- -- -- -- -- -•-- - -•-- ----- --•- -- - _ < I 15'-0" WACCE55TO 50' RADUIS I o [� PROPOSED BARN5 - - - - -- - - - - - - - - -- - - - - - - - - - - - TURNAROUND I L(� .x �. -/'- 3- -I- 00 53604G135"E 505.551 • - - -- -- - - -•--•--•- --- -•-- -- -•--•-- -- - - - - - - / �' I MANURE DUMP AREA �- -- -- -- -- - -- TRAILER PARKING �1 40'x9' (2 SPOTS) E45TING SINGLE / 40 DWELLING / } 8-STALL 3-STALL PARKING 5P. �j Q �! I i O E QIKE W BAIL .�> STRA �ti'' I A BA N B N R 4 R I I / / 2460.44MR UTpQ�RTRPINING ��f.ERMI�ABLESANDSURFACC��`; (/) ----- _-- --- - - -- -- -L 449\41FEN_CING (TYP) INFORMA TION - ----- PARCEL -- N36 O-I 145 Y Y %V ALTER FARMS LLC SECTION: 100 26�2.�f�' N34 024153 2 IM25 MAIN ROAD(ROUTE 25) BLOCK: 4 4 ��� 5.25.0o, o HATT/WK, NY IM52 LOT 1.4 24.10 ACRE-5 P-/ Development Development Rig ht5 Sold Rights Intact NOTE: ALL PROPOSED PARKING ON EXISTING DIRT DRIVEWAY AREA 20.00 Acres 4. 18 Acres DEC - 8 2014 Land now or formerly of: Henry l�utkoski 4 Helen Rutkoskl Southold Town Planning Board SEAL: REVISIONS/SUBMISSIONS: DRAWING TITLE: ® / DATE: DESCRIPTION: _ ,� _ I�( 11/18/14 RrVIACA PLOT PU/1 SCALE- l - 100 O 11/1°11° Revinon WITS PROPO,J'ED P�AR/1,/' CAD FILE NAME: 1777 PP-1 080414 PROJECT TITLE: DATE: NSA PROJECT #: N EMSCHICK SILVERMAN ARCHITECTS P.C. ,JHOWALTER FARM 6/20/14 13-1777 the business of ARCHITECTURE." 18b25 MAO R SCALE: DRAWING NO.: ZA L. I L .__. MATTITUGK, /1Y 11952 A/ /1OTED 33105 Main Road, Cutchogue, New York 11935 DISTRICT: SECTION: BLOCK: LOT: DRAWN BY: Phone : 631-734-7007 Fax : 631-734-7347 P I h ttp://www_ n s-arch _co m PLAN NORTH a COPYRIGHT 2014 NEMSCHICK SILVERMAN ARCHITECTS P.C. 1000 108 4 1.4 f l DRAINAGE CALCULATIONS U5E MATERIAL AREA (5.F.) X RUNOFF COEF = EQUIV DRAIN DE516N X OE516N RAINFALL = DE-516N VOL. (C.F) 4 STALL PRE-FAB CLEAN 5ANID ROOFING A5PHALT 3 STALL BARN : 720 5.F. X l.0 X 0.16 = 115.2 C.F. REQUIRED / 144.0 C.F PROVIDED BARN LIGHTING SCHEDULE SHOULDER AREA. 5H/N6LE 2 STALL BARN : 240 5.F X l.0 X 0.16 = 38.4 C.F. REQUIRED /60.0 G.F. PROVIDED 24.00 FULLY SHIELDED FIXTURE TYPIG,AL p7 IU B A (SEE SPEC) EXI5 TI N6 A3PHAL T 70 U, �61Q DE ROA-0 31)PFA6 \ z y SHEILDED PAR FLOOD ' :�.::..::.... (SEE SPEC) PARKING PROVIDED B lllll'�' Q Q,o:gtip0:. 'o o rn NOTE: ALL LIGHTING TO DE �— �o Q °p Q o 000 REOU I RED PARK I NG: 12 PARKING STALLS °' D A MOTION ACTIVATED. °000q o o a dGLEAN 6RAVEL PILL. AND 2 HORSE TRAILERS KTH VEHIGLES by B ° o Q p 00 FILTER CLOTH PARK I N6 AREA. � O Q Q 00 D D O D D 0Q = NEXG� TED SOIL PROPOSED PARK I N6: 12 PARK I N6 STALLS X112.54 El 0 0 0D - U AND 2 HORSE TRAILERS WITH VEHIGLES t., �. sQ� = P RKIN6 AREA .00Ct �4 Oa Q p Oo oQ0O =11111 - 0 'tu NI •,t ` fxsi'_ E_ _ R�ai.i Z'3 Q O 24" DEEP X 181' WIDE GRAVEL T/4 INFILTRATION TRENCH DRAIN ORA Y L L7/1RAIII �s ,, (TYP. EA BARN) �s,F4e, �` :L- 101 SCALE = N.T.S. � ,i;. ,='� f:v'L3n;hilFiieis y: 7/0/\/ I 1=1"ATIIAL 1�1 0 1�/ AA/- 6AL E = N.T.5. SCALE = P = 40'-O" C: a Map of m "EII ah's Lane, Estates, Sect. 3"Filed I0-OS-qb ws Elle # ggl3° Ma of "Eli ah's Lane Estates, Sect. 2 Map I -OS-qb as File # gg12 A4V 3 m� o r- d) 0 0 540°0cfi 10„E Development Development o Rlght5 Sold Rlght5 Intact ` 140.51 556031 '50"E 423.50I x 20.00 Acres 4. 18 Acres <ZT� p 534°42'50"E 482.40' HIRE FE. 538°5150"E 645.60' 55-7°02'50"E 566.E3-71 ° I II ° I II 53-703650T 2q�.��' C�7.�C SE3C 52 50 T 558 3O 5O E __ __ _ I62.c101 .20 I -�-- --�--�-- --�--NEW FENCING (TYP) -.--.--.-- --�--� - --�7 CS I EMERGENCY I Land ACCESS ONLY I _ New York State ` I PADDOCK AREA PERMEABLE DUSTLESS I 0 dRecharge Areca �l PAVING AND UN-OBSTRUCTED m 0 r- - -- - - -- - - - •� PROPOSED BARNS 50' RAD UIS — — O' TURNAROUND I � - - r - I- - - - - - - I MANURE DUMP AREA • � - - - - -- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - / �' SSC°4cf'55T E305.55' TRAILER PARKING / 7 20'x 1 2' (2 SPOTS) 13 1 :..M.....: .. ..... ...:.... Rr40IDWELILINGE// l\ / -0 I ' / 8-STALL 3-5TALL PARKING SP. nj Q STRAW BALE DIIKE /4 / Q I I BARN BARN � 24C 0.441 / ! / c0 .-,OUTDOOR TRAINING 'ARE.X-:,<'--::;'" __ __ PERIvIIABLE SAND SURFACE; ` _ - -- - - -_, -- - - - - - - - - -L -N-€ -fLNCING (TYP) / U} NSC Ocf 45 lv� R6EL INFORMATION 26-72.G302453g —— SHOWALTER FARMS LLG 5EGT10N: loe Ith �2� DO' 16625 MAIN ROAD(ROWS 25) ✓ �� BLOCK: 4 P�-/ Development Development MATTITUGK, NY 11952 LOT. 1.4 NOTE: ALL PROPOSED PARKING 24.18 ACRES I L 7 RI ht5 old RI ht5 Intact 20.00 Acres 4. 18 Acres ON EXISTING DIRT DRIVEWAY AREA Land now or formerly of: Henry Rutkoski 4 Helen Rutkoski a MV 2 6 2014 �« ouuthold Town Planning Doal(9 1p�O /A A/ SEAL: REVISIONS/SUBMISSIONS: DRAWING TITLE: - A DATE: DESCRIPTION: SCALE r / I 11/10/14 REVlIOn PLOT PLA/1 "/18/14 Rev11011 � WITH PROPQJf=D P-ARNJ CAD FILE NAME: 1777 PP-1 080414 PROJECT TITLE: DATE: NSA PROJECT #: N EMSCHICK SILVERMAN ARCHITECTS P.C. ' ,./•HOWALTER FARM 6/20/14 13-1777 ". ..the business of ARCHITECTURE." _ __ — � 2 TQC ROS�� SCALE: DRAWING NO ----- ATT K, 52 33105 Main Road, Cutchogue, New York 11935 -- -- -- - -- --------- - op �,/� NOTED -------- -------------------- ------ -- --------- ----- Phone : 631-734-7007 Fax : 631-734-7347 DISTRICT: SECTION: BLOCK: LOT: DRAWN BY: p P?— I 7, 4mw� tt p://www- n s-a rc h .co m PLAN NORTH o COPYRIGHT 2014 NEMSCHICK SILVERMAN ARCHITECTS P.C. 1000 108 4 1.4 ,f I-1 Page 3 of 3—November 6,J2014 Page 2 of 3—November 6,2014 BOARD MEMBERS i%r ZBA#6778—Showalter Farm,LLC ZBA#6778—Showalter Farren,LLC Southold Town Hall �� tf j� 53095 Main Road•P.O.Box 1179 SCTM#1000-108-4-1.3&1.4 SCTM#1000-108-4-1.3&1.43 Leslie Kanes Weisman,Chairperson x0 !� Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank The Zoning Board of Appeals held a public hearing on this application on August 7,2014 at which time SIJBJECT TO TIM FOLLOWING CONDITIONS: George Horning ~ Y� wn A Main Road(at Youngs Avenue)B written and oral evidence were presented. Based upon all testimony, documentation,personal inspection 1. The Special Exception Permit granted herein may involve a change in occupancy or a change in ',�' Southold,NY 11971 of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following use or a change within a classification of the occupancy.Therefore, as a condition of approval, Kenneth Schneider nes facts to be true and relevant and makes the following findings: the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. http://southoldtown.northfork.net The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280- 2. This Special Exception Permit requires an operating pennit and inspection by a Building ZONING BOARD OF APPEALS 142 and finds: Inspector from the Building Department that must be renewed annually. It is the applicant's TOWN OF SOUTHOLDresponsibility to contact the Building Department on an annual basis to schedule the required A. With the conditions imposed herein,the use will not prevent the orderly and reasonable use of inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to Tel.(631)765-1809 •Fax(631)765-9064 adjacent properties or of properties in adjacent use districts. The proposed Riding Academy use review potential action to revoke the Special Exception Permit granted herein. will be restricted to the 4.18 acre parcel, SCTM#1000-108-04-1.3. Furthermore, the operations 3. The Special Exception permit granted herein is subject to site plan approval from the Planning and locations of structures will require site plan approval from the Southold Town Planning Board. Board before the proposed Riding Academy use can be permitted to operate. Ingress and egress 4. Notwithstanding the provisions of Chapter 205 of the Town Code,no more than six(6)single access for the Riding Academy is restricted to only New York State Route 25 (Main Road). special events may be held annually at the subject property, subject to the issuance of a Special FINDINGS,DELIBERATIONS AND DETERMINATION Event Permit. MEETING OF NOVEMBER 6,2014 B. That the use will not prevent the orderly and reasonable use of permitted or legally established 5. Ingress and egress is prohibited through Noah's Path (a/k/a Theresa Lane), except for emergency uses in the district wherein the requested use is located or of permitted or legally established uses access by emergency personnel only. ZBA FILE No.: SE 6778 in adjacent use districts.The proposed riding academy is a permitted use in the R40/AC District 6. The development rights sold parcel(SCTM# 1000-108-4-1.4.) shall only be used by the boarders NAME OF APPLICANT: Showalter Farm,LLC SCTM#1000-108-4-1.3 & 1.4 where this property is situate, subject to the issuance of a Special Exception Permit by the Board of Showaltex Farms,LLC or any other entity operating the boarding operation and shall not be PROPERTY LOCATION: 18625 Main Road(aka NYS Route 25)Mattituck,NY of Appeals. used in any manner by the public and/or riding academy patrons. For the purposes of this Special Exception tlhe term "boarders" shall be defined as"persons who own a horse boarded at the SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration C. That the safety, the health,the welfare,the comfort, the convenience or the order of the town subject pare el or persons who have a long term lease six months or longer)from the owner of a in this application and determines that this review falls under the Type II category of the State's List of will not be adversely affected by the proposed use and its location. The utilization of the parcel horse whichr is boarded at the subject parcel". Actions,without further steps under SEQRA. for the purpose requested by the applicant is permitted by Town Code within the AC Zone; 7. Horse manulre shall not be stored within 150 feet of any property line. pursuant to the granting of a Special Exception by the ZBA and site plan approval by the Town 8. Horse manure shall be removed every two days in accordance with the Horse Farm Grazing and SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Planning Board. Pasture Management Plan submitted by Showalter Farms,LLC, dated November 21,2013. Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of 9. This Special Exception Permit incorporates the terms of the Land Preservation Committee Planning issued its reply dated August 5,2014 stating that this application is considered a matter for local D. That the use will be in harmony with and promote the general purposes and intent of this Approval dated January 8,2014. determination as there appears to be no significant county-wide or inter-community impact. chapter. The Planning Board has found that this proposal is consistent with the goals of the 10. In the event;that a building permit is submitted to construct an indoor riding ring at the subject Comprehensive Plan supporting and maintaining agriculture and pursuant to Section 280-97 property, a mew application for a Special Exception Permit must be applied for. LW :1 DETERMINATION: The relief, permit, or interpretation requested in this application is listed (Right to Farm) of the Town Code. under the Minor Actions exempt list and is not subject to review under Chapter 268. That the above conalitions be written into the Building Inspector's Certificate of Occupancy, when issued. E. That the use will be compatible with its surroundings and with the character of the PROPERTY FACTS/DESCRIPTION: Subject property consists of 24.18 acres located in a split zone of neighborhood and of the community in general, particularly with regard to visibility, scale and Any violations of the conditions, occupancy or other requirements described herein, may require a public R40 and A/C. It is improved with a single family dwelling and two accessory barns. It has 244.00 feet of overall appearance.The subject property is located in a split R40/AC zone which contains other hearing before the 7–oning Board of Appeals to review potential action to revoke the Special Exception frontage on Main Road, 3199.07 feet along the eastern property line, 336.89 along the northern property fauns,agricultural buildings, and residential properties. permit as granted heerein. line and 2997.93 feet along the western property as shown on the plot plan dated 6/20/14 prepared by Nemschick Silverman Architects,PG F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. The Planning Board must grant site plan approval in conjunction with this Vote of the Board: ,oyes: MemBers Weisman (Chairperson), Schneider, Horning, Dantes, Goehr•ijzger. This Resolution was duly aldopted (5-0). BASIS OF APPLICATION: Request for Special Exception under Article III, Section 280-13B(12) for Special Exception Permit. equestrian stables and riding academy. G. That the proposal shall comply with the requirements of Chapter 236, Storm-water RELIEF REOUESTED: The applicant proposes to operate a riding academy on SCTM# 1000-108-04- Management. 1.3, consisting of 4.18 acres having development rights intact. Leslie Kanes Weisnnan, Chairperson BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Approved for filing ✓/ /fQ /2014 ADDITIONAL INFORMATION: The subject parcel is contiguous to a 20 acre parcel, SCTM#1000-108- Schneider, seconded by Member Homing, and duly carried to 04-1.4,where the development rights have been sold to the Town of Southold.Many letters were received. GRANT, a Special Exception, as applied for, and shown on the Survey prepared by Nemschick in favor and in abjection to the proposed Riding Academy use. Silverman Architects, PC, dated 6/20/2014 noted as sheet No. PP-1. FINDINGS OF FACT/REASONS FOR BOARD ACTION: 110V 12 9 2 Cl 14 _ d 8outholc 3'0wn _ P L Planning Boars; REVISIONS/SUBMISSIONS: DRAWING TITLE: DATE: DESCRIPTION: niloila Revfion FINDINw, DELI PPJERATIW1f A/V DETERMINATION v,ai,a RevUlon MEETING OF /lOVEMPP)ER 6TH, 2014 J, M CAD FILE NAME: 1777 PP-1 080414 PROJECT TITLE: DATE: NSA PROJECT #: N EMSCHICK SILVERMAN ARCHITECTS P.C. — fHOWALTER FARM 6/20/14 13-1777 18625 MAI/y ROAD SCALE: DRAWING NO.-. "...the business of ARCHITECTURE." MATTITUC Y 1 952 - --------- — -------- - ---- ---- 1-47X33105 Main Road, Cutchogue, New York 11935 DISTRICT: SECTION: BLOCK: LOT: DRAWN — Phone : 631-734-7007 Fax : 631-734-7347 Jr C�COPYRIGHT 2014 NEMSCHICK SILVERMAN ARCHITECTS P.C. 1000 108 4 1.4 http=//www- ns-arch _com PLAN NORTH �o.00 DRAINAGE CALCULATION5 05E MATERIAL AREA (5.F) X RUNOFF COEF = EQUIV DRAIN DE516N X DE51ON RAINFALL = DE516N VOL. (C.F.) 4 STALL PRE-FAB ROOFING A5PNALT 3 57ALL BARN : 720 5.F. X l.0 X 0.16 = 115.2 G.F REQUIRED / 144.0 G.F PROVIDED - BARN LIGHTING SCHEDULE GLEN SAND 5HOULDSHINGLE ER AREA. 2 5TALL BARN : 240 5.F. X 1.0 X 0.16 = 38.4 G.F. REQUIRED /60.0 G.F. PROVIDED Q 24.oo TYPIGAL 03N � B A (SEE SPEC) LDED FIXTURE EX15 TINS A5PHAL T > GRADE ROAD 5URFAGE. Z D SHEILDED PAR FLOOD , B ( EE SPEC) A INC FROVIDED Q�RKq N .....: :•�. BE rn NOTE: ALL LIGHTING TO 0 o MOTION ACTIVATED. ➢ O A O o°moo° 19 Z311° GLEN GRAVEL FILL. 1 SPACE PER 1,000 65F 4 SPACES o I s' CA � � O I SPACE PER EMPLOYEE 4 SPAGES ti o O r 0 0 D o FILTER CLOTH O o 0 0 0 0 D o°o 0 0 D o 0 o TOTAL = 8 SPACES i �k 4 0 0 — UNEX6 AVATED 501E � _ 72 O ,77 V O��D 4'CRGgtim#ali'C'lbS' a ^D 00 o Q V V 7 ndxfe q of 0 .. r° d 3x� ' k ` + 6LLJ 24" DEEP X 18" WIDE GRAVEL s INFILTRATION TRENCH DRAIN � 00C > W ( ) TYP. EA BARN =A)q 7�/ AL 0 1 )=/ AN 2 / /I I //" 1 1____ - a �r r rwsu°4 xtsmiu aulsekg "0 ., 5CALE = N.T.5. 5CALE = 1" = 40'-0„ Map of "EN-08-cib oh's Lane Estates, Sect. 31, Filed as IFile # ggl3 Map ofEN-08-qb ahs Lane Estates Sect. 11 Filed as File # g2g112 44 m - 41 .0 4A� g 4A � Development Development 540°OcIBO11E o Rlghts Sold Rights Intact S�6°�IIOII 42 .50' x 20.00 Acres 4. 18 Acres 140.5 f ' 534°42'5O"� 442.40' o� �. 538°31 '�O"E �4�.0 O' 53-7002'50"E P2 566.��7 53-703650T 2�-7.6�' 6-7.30' 536032'50T� 5�8°30'�O"E __ __ _ 162.q� 101 .201 -- -- -- -- -- -- - - --NEW FENCING (TYP) '--•--•--•--•--- _.__.� _ � ------ I 4 EMERGENCY Land Of � Cn /�f-0, -- - `1 I ACCESS ONLY I — n New York state I PADDOCK AREA I O O IlRedwge AreW o ,- - — -- -- -- -- - - ——-——-——•— —-——•—— — —-— —-——••—— -- - -- - - I I _ -_ — i- ----- � — I- - - - — ——-— I p. N / I PERMEABLE DUSTLESS 3O� I - --•-- - - - - --•- - -- -- --•-- -- - � MANURE DUMP AREA L__._ / I PAVING AND UN-OBSTRUCTED 7-- - -- - - - - -- - - t- - - - - �1 - - -- - - - - - - - - - 15'-0" W ACCE55TO / - -- PROPOSED BARNS i6 EXg5TING SINGLE / I I 1 40 DWELLING �jm ARKING SP. Q 1 STRAW BALE DIKE BARN BARNvc 4 :: 2460.44 - - - - -- -- - _ -_ -- --I 'OUTDO AR. ° • ::Y: / / ^ N -�PERMIABLE SAND SURFACC (/) O I II1+2-49'_,: INFORMATION N36 OGI 4 W 26-72 4 1,5311 -_ __ _ Thr RPARCEL .�fi�I _ _ 5HOMALTER EARM5 LLC 5ECTION: 106 J 5.00 16625 MAIN ROAV(ROUTE 25) &OCK: 4 ` No Mf4TT/TUGK NY//452 LOT. 1.4 � DeVelOpment Development Rights Sold Rights Intact I ON NOTE: ALL PROPOSED PARKING o 24.16 f4GRE5 w r ��c• Land noor formerly of: Henry 1�utkoskl � Helen iZutkoskl 20.00 Acres 4. 18 Aces EXISTING DIRT DRIVEWAY AREA ®� Ay SEAL: REVISIONS/SUBMISSIONS: DRAWING TITLE: , \ DATE: DESCRIPTION:A O 110/14 RVY10/15G4LE I" 100 PLOT PLA/`I WITH PROPOJ'ED EARLY CAD FILE NAME: 1777 PP-1 080414 PROJECT TITLE: DATE: NSA PROJECT : 2 014 6/20/14 15-1777 N EMSCHICK SILVERMAN ARCHITECTS P.C. JI�OWALTER FARM - ` N O V 12 the business of ARCHITECTURE." 18625 MAIN ROAD MATTITUCK, /`IY 11952 SCALE: DRAWING NO.: Southold Town A-A I I /A Planning Board V NOTED 33105 Main Road, Cutchogue, New York 11935 DISTRICT: SECTION: BLOCK: LOT: DRAWN BY: Phone : 631-734-7007 Fax : G31-734-7347 p., h ttp://vvvvw.n s-arch .C(::) 1 PLAN NORTH !COPWRIGHT 2014 NEMSCHICK SILVERMAN ARCHITECTS P.C. 1000 108 4 1.4 f FS 10.00` DRAINAGE CALCULATIONS U5E MATERIAL AREA (5.F.) X RUNOFF DOFF. = EQUIV. DRAIN DE51ON X DE51GN RAINFALL = DE5167N VOL. (G.F) 4 STALL PRE-FAB ROOFING ASPHALT 3 STALL BARN : 720 5.F X l.0 X 0.16 = 1152 G.F. REQUIRED/ 144.0 C.F PROVIDED BARN LIGHTING SCHEDULE GLEAN 5A ND 5HIN6LE 2 STALL BARN : 240 5.F X l.O X 0.16 = 38.4 G.F REQUIRED/60.0 G.F. PROVIDED Q24.00` 5HOULDER AREA. FULLY S]]]EEDED FIXTURE TYPICAL 03 N N B A (SEE SPEC) EX15TIN& A5PHAL T D �n ROAID 5URFA6 RADE C� D SEEI SPEC) AR FLOOD -may , B . '.r?:t• ' 41 +'k+isrl�i'y"::�"': PARKING F `` V O O O o' FnO A O NOTE: ALL LIGHTING TO BE _ MOTION ACTIVATED. .:: D m m o a 000 O -- oo ° 0 0 a 0 o a o PLANNING BOARD REG2U I RE 12 SPAGES i cA GLEAN 6RA VEL FILL. MI O B opo 0 0 oa FILTER CLOTHe"a� A {/ V 0 o u o� o 0 0� TOTAL PROVIDED = 12 SPACE d= N 72.J�4` 0 o UNEXGA VA TED 501E s�ra x ° O Q O 0 a O GJ �o�°oma a °oo —11111 ; � ;ffE SE Q O O Q o O i 7JimbMzuF � y r2 t }4S rf p d1 , 4 O CD �' O 24" DEEP X 18" WIDE GRAVEL sti I NCH DRAIN _ '. s INF LTRATION TRE 1J// R /A/ � I { " (TVP. EA BARN) .. y mnwwwmm � MMMUM 5CALE= N T Jam. Msttituak� LA F4k tYta€4 a AYE Sat1�� � f a ' t c OCA 7/0/\/ MAP PAR�I1"4L P/ 0 PLAN SCALE = N.T5. 5CALE= I" = 40'-0' _ Map of "FII ah's Lane Estates, Sect. 3u Map of "Eli(ah's Lane Estates, Sect. 2" ' Filed N-08-cib ais File # gg13 Filed I0-08-qb as File # gg12 480 r C4 r AA 4A AA 4A Development Development 540°O�f'�O"� S Rlght5 Sold Rlght5 Intact 20.00 Acres 4. 18 Acres 140. 1 ' 556031 '50"E 423. 0' S34°42'�O'I� 4 � wires rf. I ° I II ° I II ° I 1 7sa 82.40 ON P/L 53005150"E 6�i 3.60 5�� 020 566.5-7' 55-7°:56'5O" 2cf�.6�' 6-7.3C 1556 32 5O T 538 3O 5O 'E __ _------ 162.c1q101 .20' ---— -- -- --NEW FENCING (TYP) ---— -- -------— — -- I (\ - - ACCESS ONLY - New York State dUdxrge Cn / 'p'.p• 1 I ]PADDOCK AREA 0 0 �W �4 i o -_ —i — T- - I-- - - — — -- -- tP N 1 I MANURE DUMP AREA I PERMEABLE DUSTLESS 536°4Cf'33 T 505.55'--- \� --' -- -- -- -- -- — -- — , I —•--•--•-- — -- 1 I I PAVING AND UN-OBSTRUCTED ° — — f- — ti — — — — I 15-0" W ACCESS TO ( ' I —— PROPOSED BARNS _ I'__ / i TRR 1AILEE xR PARKING AREA EY)5TING SINGLE / _ _ � 40 DWELLING j I l , ,•. • ''``` 8-5TALL 3-5TALL PARKING (1) Q 11 i STRAW BALE DIKE , :''. a ,; ?'; ' >;; BARN BARN14.0 0 2460.44' ; Ll . : 'dUTDQOf�fiRAINING"AR `;.� _------_ _-- ----------L•-N-9\4/FENCING (TY ) N36°O I I I ——-——-•_—-—— - ——.——.— — —— I— g —— --— �, :.•t,•r'`=`..'2,12-49'+• ••i�,•�;i:.. .::,•�: � PARCEL /N�ORM�4T/ON 26_72.Cf3 N34°2 P�44' 3 52-9.C)01 �o 5MON4L 7FR FARMS LLC 5ECT10N: 108 18625 MAIN ROAD(1?OIJTE25) BLOCK. 4 Development Development � • MATT/TGL'K,NY 11E: ALL PROP05ED PARKING 152 LOT. 1.4 X Rlghts Sold Rlghts Intact ONTEXISTING DIRT DRIVEWAY AREA � o 24.18 ACRES 20.00 Acres 4. 18 Acres ��k• Land now or formerly of: Henry Rutkoskr 4 Helen Rutkoskr SEAL: REVISIONS/SUBMISSIONS: DRAWING TITLE: D Aye, DATE: DESCRIPTION: 5CALE= I" = lOo'-O" NS11/10/14 ReVU10n PLOT PLA/`I to 11118114 REvInon WITH PROPNJr_P 15AR/1-f 9� NO-02908 CAD FILE NAME: OF W0 1777 PP-1 080414 PROJECT TITLE: 1; DATE: NSA PROJECT : $ILVERMAN ARCHITECTS P.C. ,/'I�OW/�LTER FARM NOV 191i)1�• �' 6/20/14 13-1777 NEMSCHICK _ __ "...the business of ARCHITECTURE:' 18625 M�I/1 ROAD Am MATTITUCI(, /1Y 1195 Southold Town I SCALE: DRAWING NO: Planning Board----,— /A oard__;— k A/ /1OTED 33105 Main Road, Cutchogue, New York 11935 DISTRICT: SECTION: BLOCK: LOT: DRAWN BY: ._. Phone : 631-734-7007 Fax : 631-734-7347 . COPYRIGHT 2014 NEMSCFMC(SLRM VEAN ARCHITECTS P.C. 1000 108 4 1.4 J h ttp IIWWW_n s-arch-Cc)r•1'1 PLAN NORTH 13 i X0.00 f DRAINAGE CALCULATIONS U5E MATERIAL AREA (5.F.) X RUNOFF COEF = EOUIV DRAIN 5E5I67N X DE51ON RAINFALL = DE5/67N VOL. (G.F) 4 STALL PRE-FAB ROOFING A5PHALT 3 57ALL BARN : 720 5.F. X l.0 X O.16 = 115.2 C.F REQUIRED / 144.0 G.F PROVIDED BARN LIGHTING SCHEDULE CLEAN 5AND SHINGLE SHOULDER �R 2 5TALL BARN : 240 5.F X /.0 X 0.16 = 38.4 C. REQUIRED /60.0 C. PROVIDED 24.00 FULLY SHIELDED FIXTURE TYf'IGL B A (5EE SPEC) EXI5TIN& A5RHAL T > 6RA ROAD 5URFA6E Z y 5HEILDED PAR FLOOD O B (SEE SPEC) IF PARKING PROVIDED -70 o o o s NOTE: ALL LIGHTING TO BE 0 0 0 0 d 00 0� 0 0 0� o p I SPACE PER I,000 GSI= 4 SPACES Ef y ('(� A MOTION ACTIVATED. d'o o ° o 0 o GLEAN GRAVEL FILL. m O 1 SPAGE PER EMPLOYEE 4 SPAGES p 0 � B 0 00 0 0 0 0 FILTER CLOTH ' 00°0°0° ooao°oo — TOTAL = 8 SPAGES 0 0 0 0 0° o p = UNEXGA V TSD 501E 72.. 4 v Aw ap p°c��0�� , ° D °0oppo 11111 " p o , " O U 00 O 24" DEEP X 18" WIDE GRAVEL _ INFILTRATION TRENCH DRAIN R / l 1 , a 1 / � � (TYP. EA BARN) �R r it sb1�4K New El Lim r Q$ 4zi3' bai �ote+� 2 �OCA TMAP P���I�L 5CALE = N.T.5. SCALE= I„ = 40'-0" Mapof1EI1 08 Lane Estates, Sect. 3" qb as File qq l3 Map of "Eli iah's Lane Estates, Sect. 2" ° Filed 10-08-qb as File # gg12 44V Q 540001'50"E � .�-9 � -944 Development Development Rici is Sold R1ght5 Intact 536 I �O 423.30' x 20.00 Acres 4. 18 Acres ago 140.31 ' 534°42'30"E 4G[2 INiRE ° I I ° .40 ON P/L. 538 31 50 E 643.6 O 53-7 02 53-7002'50"E 366.3-1 53�°36'30" 2�f-1.63' 6�.3 536°32 101. 2030"E 538°30'30"E __ __ __ 6 162.�f3 - -- -- -----------------•---1. NEW FENCING -- � I Imo - - hand of Nom York ( ge m I mO - I I ° Ln , m I PERMEABLE DUSTLESS L- -- -- -- -- PADDOCK AREA • o 0 I PAVING AND UN-OBSTRUCTED �-- -- Q j '� 15'-0" W ACCE55 TO / PROPOSED BARNS ' 8-5TALL 3-5TALL / ' STRAW BALE �ti , t .; O / BARN BARN EXISTING SINGLE I / I / o R-40 DWELLING � 2460.441 // I co � 44' / ' ' ❑ .-..UUTDOdR TRAINING ARr ' / _ _____ ,___ ___ _ _- - --- ---- --� I I � ;-PER.MIABLE•SANDSURFAC�; . / / Uj N ---- _----- ----- --L �-ffENCING (TY _ fn PARCEL /N�ORM�TION N36°O�f'43"W 2 – –– – –_ __ ;: .=2 r49_-. :' � – Si 6-12.cf 3 N34°24' ....�'I• –– –_ _ \� 5NOWAL.TER 1=ARM5 LLC 5ECTION: 108 3 33 � 323 IM2.5 MAIN ROAO(Ral7E 25) BOCK. 4 Development Development MATTI7ZK, NY 11952 LOT 1.4 p-1 qty RI ht5 SOId RI Pts Intact NOTE: ALL PROPOSED PARKING � o • 9 9 ON EXISTING DIRT DRIVEWAY AREA 24.16 ACRE5 20.00 Acres 4. 18 Acres �c• IEI;! - lr Land now or formerly of: Henry Rutkoski 4 Helen i'Zutkoski AUG 19 2014 �<<e I t AN SEAL: REVISIONS/SUBMISSIONS: DRAWING TITLE: `' SCALE = I°= /OO'-O° DATE: DESCRIPTION: PLOT PLAY WITH PROPOVED P-)AR/Nf CAD FILE NAME: 1777 PP-1 080414 PROJECT TITLE: DATE: NSA PROJECT : N EMSCHICK SILVERMAN ARCHITECTS P.C. ,J'HOWALTER FARM 6/20/14 13-1777 the business of ARCHITECTURE." lip 18b25 MAI/Y ROAD SCALE: DRAWING NO: NO MATTITUCN NY 11952 - AJ NOTED 33105 Main Road, Cutchogue, New York 11935 DISTRICT: SECTION: BLOCK: LOT: DRAWN BY: . Phone : 631-734-7007 Fax : 631-734-7347 h ttp://www- n s-a rc h -co m PLAN NORTH a COPYRIGHT 2014 NEMSCHCK SILVERMAN ARCHITECTS P.C. 1000 108 4 1.4 f PJ DRAINAGE CALCULATIONS U5E MATERIAL AREA (5.F.) X RUNOFF 60EF = EQU1V. DRAIN DE516N X DE516N RAINFALL = DE51ON VOL. (6.F) 3 5TALL GLEAN SAND ROOFING A5PHALT 3 57ALL BARN 720 5.F. X I.0 X 0.16 = 115.2 6.F REQUIRED/144.0 6.F. PROVIDED PORTABLE BARN LIGHTING SCh EDULE 5HOULDDER AREA. 5HINGLE2 57ALL BARN : 240 5.F X l.0 X O.16 = 38.4 c.F REQUIRED/60.0 C.F PROVIDED 24.00/ --0FULLY SHIELDED FIXTURE TyPIGAL EX15TIN& A5PHAL T A (SEE SPEC) 6RADDE ROAD 3URPAGE. SHEILDED PAR FLOOD B (SEE 5PEC) PARKING PROVIDED y o 4 00'D o o Q A NOTE: ALL LIGHTING TO BE QD QpPo OpC3 O 0 p 1 SPACE PER 1,000 65F 4 SPAGES ' ('f� MOTION ACTIVATED. o D o GLEAN &RAVEL FILL. 00-oDo 0 o OTH 1 SPAGE PER EMPLOYEE 4 SPAGES : " a o a a O o SIL TSR GL oD o �B D o o D o 0 o D o 0 0 — TOTAL = 8 SPAGES 0 / / o Q o o - UNEXGAVA TD 501E � ��, � u> 24.00 28. �.� r ixe B `� DO OQB O D 00 .:' �ahteyd+ vtxuat. za 0000 00 D o Biu f O VIII= =111117 k �L o 3� m 2 STALL PORTABLE �R YRIIv � I `� N W BARNS 04 }y, SCALE = N.T.5. t €a 4rK .. ,nresu° a. xaaznnJ 24" DEEP X 18" WIDE GRAVEL INFILTRATION TRENCH DRAIN il 7k .. E (TYP. EA BARN) LOCA 7/0/\ MAP P�R�I� P ®� P A N SCALE= N.T5. 5CALE= I„ = 40'-O" Map of "EN-08-qb ah's Lane Estates, Sect. 3" Filed as f=ile # ggl3 Map of ISoh's Lane Estates, Sect. 211 ° f=iled 1�-08-qb as f=ile # ggl2 440In r S o O = r �` g 1 9 540°O�'SO��E -� Development Development � �° Rights Sold Rights Intact Imo{-O.5I ' S�� °31 ��O'�� 42 .50' x 20.00 Acres 4. 18 Acres �sA� �� 5-940421-50"E 42.40' o��. 558051 '50"E 643.60' 53-7002'50"E 566.37' 536°32'5 53 ° � 11 55-705650T 2g7.63' 67.36' 0 8 30 50 �-- -- -- --•--•--•--•--•--•--•-----•-- - •--•--. 162_ 5 101 .20 Z- NEW FENCING (TYP) -- —1 � I _ I I co Land of -- I — New York state 00 \�0 Z �_ PADDOCK AREA PERMIABLE DUSTLESS — 536 E 303,55' PAVING AND UN-OBSTRUCTED • � j' � �'1 � 15'-0" W ACCESS TO •--'-- --•T— _— 'Cr $ PROPOSED BARNS EXISTING EXISTING // / 0 DARN BARN EXISTING SINGLE ' 4d R-40 DWELLING o C/ I ® 'PJTDOORTRPINING AR '` ' "!."s'`2460.44' // ERfv1ABLESAND SURrACE N / ------------ --- --- ----- --L--._ NEW FENCING (TVP) – _=''.—.--.--•--. � PARCEL INFORMATION N36°OQ'45"W 26 — — — —— —— T 49,. _ _... _ �— N34 024153"w —— —— — 5HOWAL7ER FARM5 LLC SECTION: 108 '3 16625 MAIN ROAD(ROUTE 25) BLOCK: 4 MATTITUGK, NY/1952 LOT /.4 P/ Development Development 24.I6ACREs Rights Sold Rights Intact 20.00 Acres 4. 18 Acres �ic• Land now or formerly of: Henry Rutkoski 4 Helen Rutkoski AP�0 T Pl SEAL: REVISIONS/SUBMISSIONS: DRAWING TITLE: DATE: DESCRIPTION: SCALE _ l" = 100'-O" PLOT PLAN WITH PROPO/'ED bAR/Y CAD FILE NAME: P:15-1777\20 - CD\10 - Current\1777 site plan PROJECT TITLE: DATE: NSA PROJECT *: NEMSCHICK SILVERMAN /ARCHITECTS P.C. ,./HOWALTER FARM 6/20/14 15-1777 the business of ARCHITECTURE." —Bw- 111111 ---jr—11111 E 111118625 MAI/Y ROAP SCALE: DRAWING NO.: [\.aMATTITILICK, NY 11952 AJ NOTED 33105 Main Road, Cutchogue, New York 11935 ----- ------- --- --- --J- P?P?— I Phone : 631-734-7007 Fax : 631-734-7347 DISTRICT: SECTION: BLOCK: LOT: DRAWN BY: http://www. ns-arch .com PLAN NORTH •COPYRIGHT 2014 NEMSCHK K swERtiwN ARCHfTECTS P.C. 10001.4 --1frrFRj5 I '25 YR ASPHALT SHINGLE ROOF TOP OF HEADERS i ALUM DOWNSPOUT BY OWNER t VERTICAL PINE WD. SIDING tYP. APPROX GRADE I, _ —— — Wl— — — — — _ FIN.FLR. IM00' IWO. ON�STWCTURE: I i 24'-01' do L FOUNDATIONS S&tD FOR ASSUMED 3000 PSF ALLOAJ.NET SOIL BEARING& 6 CONTRACTOR 10 VERFY. 01MR TO PAY FOR SOIL TESTS AND FOR REDESW 1 INC IWASED CONSTRUCTION COSTS IF SOIL MADE>uATE. STEP FDNB.AT UTIL--NO UTIL BELOW FtC&w/o ARCH.APPROVAL 2. DESIGN LIVE LOADINGS AS FOLLOWS: -WIND: rig cFM E)cPos11RE c) SEISMICe Di I Wi 2 FRONTI� E SEISMIC WSIST:11111D.FRAME _ I STS 01 E:ATERING:SEVERE (10'x12') SCALE: 1/4" 1 -0 N 3. DEAD LOADS AS FOLLOAIS: I I �.� = ' -U " -WOOD ROOF iu/.SHINGLES: 10 PSP I I 25 YR ASPHALT 4. F-ACE FILL 4 BACKFILL IN MAX V LIFTS COMPACT EA LAYER UNDER SLABS SHINGLE ROOF cJ p 4 FOOTINGS DRY DENSITY MM,Wk DO NOT BUILD ON UNDERSTRENGTH SOIL I i I I TOP of i-FADERS �� c 5. COC WORK TO MEET TO ALL PROVISIONS OF LATEST EDS.OF ACI 3014 318, I OAK ICKBDARD w/. I - - -— U LV 04 1- c:) N MGL.FRIM MG 4 HOt WEATHER PROVISIONS. TYFE I CEI`W PER ASTM C151�1. - POUND COATED GRILL �' co MAX I M.STONE PER ASTM C33. SLU I*4 M +/-I IN. NO C&C.CHLORIDE 0 I (D 3 c") CONCRETE t0 HAVE 28-PAY MIN.C01`1FRESSIVE STF04TI4 AS F•OLLOIIlS: BY OWNER -3000 PSI ALL LOCATIONS `V I I POUT 1 U 4..# AIR ENTRAIN AT EXT.HORIL WACES.6%+/- LSCC. REMF.t0 MES:T6 Lei,GRADE 60. WWF.t0 MEET ASTM AIDS,GRADE 65. I 4x dl WD.POST tYP. I ® C CD N PROVIDE COYERMG OF IuMF.PER IBC TABLE 190'1.0 LAP REMF:MM.241. I I (.� u, a PROVIDE CORER BANS TO MATCH GONTM.REMF. LAP WHIR MIN.8'. I I VERTICAL PINE WD. co co CONC.To BE MOIST ABED OR MWTEGTED w/MEMBRANE. � � � SIDING TYP. .1 O) (p. ALL STRUCTURAL.WOOD TO BE GRADED -MM.SPF.OR 02 HEM-FIR LINA. ` APf'ROX GRADE f � J � 1. ENGRD.Wo FMMUCtS t0 HAVE FOLLOWN3 STRENGTHS: A Dl LVL: Fb■ PSI MSR-L6E:Fb■ 1800 PSI I I ~ LSL:Fb ■ 23 PSI WY.MSR-1.9E:Fb■ 2250 PSI it -1 I W1 PIK PLR, t00�0' LLt NOTE ALL MIL -PLY BEAMS 4 COLUMNS ARE GLULAMS,NOT MECH.FASTENED. I I I 8 CCNTRACTOR Is RESPONSIBLE FOR ALL MEANS OF CONSTRUCTION,MGL. I STALL 02 I I 24'-0" 'o PROVIDING GUM'S,BRACING,4 SHORING AS RECLINED FOR ALL LOADING I !10'x12') I <=> � RO CONDITIONS*RX%IOUT CONSTRUCTION AND JOB SITE SAFETY.CONTRACTOR I t 10 IS NOT To STOI MATERIALS IN EXCESS OF DESIGN LW LOADS WITHOUT .-4 C-0 APPROVAL ON AFaCH I I I Q CD c\1 3 REAR ELEVATION wi A.1 SCALE: 1/4" . V-m" C-0-5. o a� cy) ALL FOOTINGS TO BE 18" DIA, 1x6 UJHITE PINE i o 1 FLOOR FLAN PILLAR x 361 DEE=P IUNAa FASCIA BD. '� � •�+ .� # U o x A.1 SCALE: 1/4" . V-0" +toP OF HEADERS N i C� I Ix4 PINE WD. N TRIM • EACH CORNER Z® C/:5- y ALUM.DOWNSPOUT BY �R cz APPROX GRADE Q a3 u FIN.FLR 100.00' Q � b"x241lx3/8" tHK PLYUUD.GUSSET, +j ASPHALT SHINGLES FASTEN w/.(10)16 GAA 1/2" STAPLES VERTICAL ING PINE UID. 2x6 01 SYP • EA PLYWD.TO RAFTER CONVECTION RAFTERS • 16" O:C. 24„ (GUSSET * EA.SIDE OF r1 RAFTER) C Of FELT PAPER OVER 1/2" PL.YWP. SHEATHING, 2x4 rl OR BTR. SPF COLLAR TIE w/.8d NAILS 4" O.C. • EDGES • 32" OLy FASTEN w/.(b) 16d GA15LE ELEVATION $FAL 4 8" OL.THRUout q . - NAILS EA.END 18 GA HURRICANE TIE . 1x6 PINE WD. ".� ��.« FASCIA TYP FASTENER+ BY SIMPSON A.I SCALE: 1/4" = P-0" OPPOSITE SIMILAR Cal 1143 13/4"x9 1/4" LVL 21dE, 2SWfb,FASTEN TO POST w/. (10)16d NAILS �c I 3/4"x9 1/4" LVL 2.OE, I-b V('102 ISCI NAILS ,y - •9l� ?3435 -L OF NES 4x4+'2 GYP POSTS [e 3 TYP. THIS PROPERTY FASTEN PARTITION GRILLS w/. OF ENGEL�ARCHITECTS.NG IS E R MAY NOT (2)3/8"#x2 Irl"'LAG SCREWS BE REPRODUCED IN ANY FORM TO EA POST WITHOUT THEIR PERMISSION. DO 1x10 VERTICAL WaITE _ Ix10 C VERTIAL WHITE 12 GA GALV. ANGLE NOT SCALE DRAWING. CONTRACTOR PINE BOARD 4 BATTEN 0 4x4 POST FASTNER BY SIMPSON SHALL VERIFY ALL CONDITIONS DIMENSIONS ON SITE PRIOR MODEL OA33 w/. (4) 10d do PINE BOARD a BATTEN � SIDING tYP.(3)8d NAILS SIDING TYP.(3)8d NAILS • EA GIRT OAK KICKISP. NAILS TO POST 4 (4) 10d TO PROCEEDING WITH THE WORK. • EA.GIRT co NAILS TO PLATE TYP. 1x8 OAK 2x4 OAK B P.T.6x6 GRADE 4 EA.SIDE (2)At EA MAIN POST PROJECT N0. 1A — 4"x24" STL.CORNER BRACKET KICK BOARDS (3)12d NAILS,TOED,EA END BEAM (TYP.) EA OF.V4" PLATE STEEL,FASTENED 2x4 PLAtE FASTENEp MANAGED BY TO EA SKID w/.(2)3/8"♦ BOLTS 2x4 rl OR BTR OAK GIRTS C BTALL FLOOR ' o III (TYP.4 CORNERS) • 24" OjC„(3)12d NAILS TO GRADE BEAM w/ E. ENGEL EA END 1x8 OAK I (2) 12d NAILS • 16" OCG. DRAWN BY 12 GA.GALv ANGLE KICK BOARD FAST'NER BY SIMPSON —� a. R. ENEDY MODEL OA33 w/.(4) 10d P.T.6x6 •2 OR BTR SYP NAILS TO POST 4 (4) 10d GRAPE BEAM tYP. REVISIONS NAILS TO PLATE TYP. 4x4x3/16" THIO HURRICANE a EA SIDE (2)AT EA MAIN BRACKET - SECURE w/. lu — 4x4 POSTFes. IN. _ I w/.(2)3/4" DIA.BOLTS *- �- R 4 (I)t0 bx6 P.T.bx6 rl OR BTR SYP I I n GRADE BEAM TYP. I I v Sl 1, v `� r` �� 1 ' Cc' �� CONC.FTG.VARIES I I CONC.FTG.VARIES F.. -SEE PLAN I/At FOR SIZES 10'_0�� I I -SEE PLAN 1/AI FOR SIZES, a - - d° JUN - 6 ?O14 DATE JUNE 3, 2014 Aa E1. c, DEPT. DRAWING TITLE ; T.ioL° PLAN EXTER. ELEV. SECTION I� 6ECTION FOOT (NG DTL. SHEET N0. C�" IOl�l � �3U' LIDC-� � .� SCALE: 1/211= 1'-0" ,4.� SCALE: 3/4"= '1'-0" Ae I t�IUZ 0 Nor i i - U C) NMAI NM NY ACAC TWO. ON 6TF_x_ : clq Y TO ALL DRAW11435 3000 PSF ALLOW.NET SOIL BEARING. TFESE NOTES APPLY L Fa1NDATI0N8 DESIGNED FOR AssUMED L PER NY CODE SECTION 10t2 EXCEPTION 2,THIS BUIL DWG CLASSIFIES AS AN CONTRACTOR TO VERIFY. OILNER TO PAY FOR SOIL TESTS AND I AGRICULTURAL STRUCTURE AND IS NOT FMIRED t0 MEET ANY CADS, FOR�g�µ!RNCREASED CONlS1RIJGrf01d COSTS IF SOIL INADEQUATE EXCEPT MUST CONFORM TO ELEC,REQTS.OF NEC,INCL GFIC STEP IDMS.AT UtIL--NO UTIL BELOW FTG.w/o ARAN.APPROVAL r T, RECEPTACLES 4 GROLJrDMG of CONC SLAB AT ANIMAL USE AREAS. Q'" W cz � CD N 2.PROVIDE EROSION PROTECTION AS RE(a'D.BY ALL GOVERNING AUTFIORIrEB 1. DESIGN LIVE LOADINGS AS FOLLOWS .SEISMIC USE GROUP: I O ti � m .94M 20 PSFLo 3.PROVIDE P.T.WD.DERE M CONTACT W/EPDM ROOFMG,FLASIIMG, -WIND: 120 MP11(E)(POM C) -on CLASS: D WA,TERPRDOFMG,MA�50NIRY, CONCRETE OR EARTH -SEI TI SEVERED 4 r--� I N -IIEA � EAME "� � cd I � 4.ALL WOOD FASTENERS,HANGERS,ETC.N CONTACT w/P.T.UA.t0 3. DEAD LOADS AS FOLLOWS:, U 3 a RECEIVE MLN.G90 GALV.OR GREATER AS READ BY FASTENER _WOOD ROOF w/.SHINGLES: 10 PSF i MFR FOR TYPE OF PT.C4EI11CJU.USED AND/OR ENVIR011 IENT. S'LIFTS. COMpACi IJl LAYER WDER SLABS LAM STRIP SFIMGR.EB 4, PLAI:E FILL BAC.I�ILL M MAX. U> v # SHINGLES TO BE UL CLASS A,FIBERGLASS, euLD ON UNDERSTRENG114 SOIL 5. ASPFI,4LT ROOF MIN.95�C. DO NOT AS MFRD.BY TAMKO,CERTAIN TEED,GAP,OR Ed PROVIDE ICE 4 WATER SHIELD 4 FoanNas DRY DENSITY 0 N W U FROM GUTTERS BACK TO 24'PAST THE INSIDE FACE OF ALL EXT.WALLS, 5. CONC.WORK TO MEET TO ALL PROVISIONS OF LATEST EDS.OF ACI 301 4 318, 6' U UT14N 24 INCHES OF VALLEYS AND AS RECOK BY SHINGLE MFR FREEZING 4 HOT WEAVER PROVISIONS. TYPE I CEMENT PER ASTM C50 C/) � � oil6. STALL PARTITIONS TO BE I x 8 OAK VERTICAL MAX I R INCL S ONE PER ASTM C33. SL.IMP 4 N d-�K NO CALC,CHLORIDE Wi wl w ID 6p t0 4'-0'AFF.Y-0 V4'POWDERED STEEL CONTE TO HAVE 28-PAY MR COMPRESGIVE STFa614 AS FOLLOWS: o — -- SOL — -- — CALL t0 BE FASTENED ABOVE UNLESS NOTED OHI. -3�PSI ALL LOCATIONS IN CONCNEIE AT EXT.WRIZ_ — 1. EXTERIOR U415 TO BE LINED ON INSIDE w/. AIR INF.TO MEET S,GRADE 60. Ww ..To MEET ASTM AIN,GRADE 65. Z w ""' 1 x S OAK VERTICAL FLOOR t0 CLCx � ������ ~� PROVIDE COVERING OF FEW PER IBC TABLE 191�1't:iJ. LAP REINR MIN.24". AL1 PIKE BOARD 4 BATTEN y� * PROVIDE CORNER BAS TO MATCH CONTK REINF. LAP WIUF.MR W. SIDING(TYPJ SII IBL L. LEC END COW.TO BE MOIST C.1RED OR PROTECTED w/M E. 6. ALL STFLCPA&WOOD To BE GRADED -MIK SPF.OR n I$4-FIR UNO. I STA M I STA 03 Dl M'-0'xW-0" DOL.SLIDING DOOR T. ENGRD.WD.PRDDUCTS To HAVE FOLLOWING STFOOTWO' (10'x12') (10'X12') o0- LVL: Fb"1900 PSI �'�-�9E:�250 PSI LSL:Po ■2325 PSI A I i I-JOISTS Til SIZE 4 SERIES AS INDICATED OR EQ By.80 PSI APPRDX GRADE J I I I I I o OOR . e-RATED SYP,Fb "2400 PSI,FC P06T TO EXTEND UP I5TM D3 �' � rn � D2 4 x� SJ_IOINCs STALL D GLILAMS GLULAMS.NOT MECH.FASTENED. D3 Ham.(TYPJ 12 GA GALV.ANGLE I I I U j CD N 04 NOTE ALL MULTI-PLY BEAMS 4 COLII'IyS ARE FASTNETZ>3Y $IMPSON I I u �___J L--J V MODEL 'A33 w/.(4) 10d L—� Cc 3 � D3 4'xl' DUTCH DOOR w/.WPW. a CONTRACTOR 1s RESPONSIBLE FOR ALL MEANS b:CONSTIaJCnoK INCL. D2 D2 NAILS TO POST t (4) 10d I _ "' PROVIDING GUYS,BRACING,4 S VRWs AS D FOR ALL LOADING CA CONTRACTOR o NAILS TO PLA'T'E TYP.E '} = X CgNp>tlpNg TFROUGFbUI'CONSTRIJCTION AND JOB SITE SAI I SIDE (2) At EA,MAIN POST `~ IS NOT to STORE MATERIALS N EXCESS OF DESIGN LIVE LOADS WITHW 4 28'X240 SLIDING WDW. APPROVAL OF ARM 4x4 W.Post tYP. I u � r O� CSTALLS) } L. O aW ,� FRONTU ,A 8 NOTE OF PLAN USAGE: 1 I ( W r _p A.� SCALE: 1/411- 1'-0" Cc cn I SECTION MPI'Mlt 1S U�qS pq� FOR tHE SOLE PLIIQPOSE OF ASSISTING AL1 St�Et SECTION IS LOCATED. TH CON$M4TION OF THE OWLDING. TT SHALL Ml StRtJGTUREB M ~ LL%J OTHER THAN THE R Go � NOT BE USED BY ANY PERSONS IN ANY,MANNE � v DETAIL NlM!!ER EMPLOYEES 4 DEALERS OF J*BTRUGTUREB WITHOUT THE WRITTEN -i POST TO EXTEND UP BtUJPL 1 W @E:SMMT DETAIL IS LOCATED. PERMISSION OF N STRUCIOPIE = TFC ARCHITECT. ALSO MI I HORS.(Tyra DRAWINGT�NOT Tftj.{ECAPRCI��ITEG'T�T THE IURI'RETT PERMI85lOT�l 40----ELEVATION 19UL.LET OZ * a m O STALL Lo STALL I102 (10'X12') D3 �"' C.� � �..� N x oU Cv I000 L) I W1 D1 W1 U � r Im'-mr El 5 10 1-01 MODULAR 5AR'N -� N j MODULAR BARN �� 1 �� 301-0bd0 VERTICAL WaITE x I FRONT ELEVATION \ PINE BOARD 4 BATTEN '^ ` j SIDING(TYPJ v L Z ALL FOOTINGS TO BE Is" DIA. PILLAR x 36" DEEP(U)W-) o M FLOOD'. FLAN f SCALE: 1/4" APPROX GRADE I I I W Ix I o �, U U Ll u moo � cn RAFTEr�ArrACAD ON SITE � 5 REAR ELEVATION Cn V21 THICK PLYIID. sDE RAFTER FASTEN �.� SCALE: 1/41's 1'-0" i (10)V1':SAV CROIW ST I SEALreD AP Is CIA NE TI ON :. �::: - r,.. FA51I3N EA COLLAR TE W �`� µoY Fiy rF` ASPR&T BFRNGLES FASTENER 15Y MODEL.WSA (b)12d R6Ks SHANK NAILS �(�v�� Gam! ('.► -$EE NOTES IV FELT AVER IS GA.FA�ICANE TE las PLYOD. FASTENED w/.Sd NAILS N (U 13!4'x9 V4'1mE LVL FASTENER BY SM'SDN o 6'OG -EDGE SPACING 4 �� W(W)3 V4 GAIN.J2V a- D Or,FWD SPACING (�J T 9r 23435 yJ SHAMC NAILS AT EA.POS (3)124 N&G-TOENALED � S RAFTER TO TOP •F.A. RIDGE VENT F OF NES 106 q GYP RAFTS A 0 16'Oa PLATE COMECTION SHINGLE ROOF TOP OF WE R mK_ THIS DRAWING IS THE PROPEFr TMPE X' 1x4 OAK G 2x4 SPF TOP PLATE OF SINGER ARCODU EECTS IT MAY 14 FASOA G FASTEN TO FDR w/ WI REPRODUCED IN ANY FOF GUM(8u0) 11d NAILS�16A DO 'O C� 20 4 8YP FE+4DER DDDR d(3)Od (TOM) 12 GA GALV.ANGLE NOT SCALE DRAVANG.WITHOUT THEIR PERMISSION. FAS7NER BY ST IPSON HALL VERIFY All CONa DI�TIOI 6" 106 PINE IID. B, 13/4'x9!V4'209 LVL 4x4 pOSt MODEL •A33 w/.(4)10d FA6CIA ITYPJ � � NAILS t0 POST * (4)10d de DIMENSIONS ON SITE PRIf 13/4'x9 V4'2�E LVL 3-PLY POST d.(10)3 V4'GALV.120 PINE WARD 4 OAK KICKED. TO PROCEEDING WITH THE WOF PILE VENTED W.(10)3 V4'C-ALY.J20 S JAK'NAILS 0 EA POET SDS,mP)FASTEN r✓ NAILS TO PLATE TAP. PROJECT N0. • POST (3)8d NAILS EA GIRT 4 SKD� P T.6x6 GRADE EA SIDE (2)At EA MAIN POST Sam 814"NAILS BEAM (TYPJ 13324 WF�tE a AISLE WAY % 4x4 Posr A °° 2x4 PLATE FASTENED MANAGED BY PIKE W�4 BATTEN `� I 1x8 OANCL T STALL FLOOR °° �O E�1 Ib'WO'c 6" D. KULINA SDING(TYPJ FASTEN V (3)8d NAILS Ell GIRT 4 8KD DRAWN BY 0 GA.GALV.ANIGLE - 3YGI.E 1x4 OAK ERACE FASTNER BY S C "BOARD MOM �� a R. ENEDY 2x Mool�.OA33 u/.(4)Wd FA611EN EA.END NAL6 Jo POST t(4)10d P.T.6016 GRADE RE�ASIQNS - w/(3)12d NAILS(TO®) NAILS'TO PLATE T1fP. BEAM I(1YP) 4x4x3/I6' CHIC.HURRICANE a ui BRACKET - VERT.1x8 OAK KICK BOARDS FASIDE(2)AT Ell MAIN POST 4 r w/.(2)3/4" DIA BOl��S 41) INTO 6o.MIN. a Q tIOZ o 9 Nnr P.T.bx6 GRADE I a - BEAM c".)c".) x3Jl16 4x4 'TMC HURRICANE I BRACIIV SECIRE w/. �,,Q,aL FIIIQRICANE BRACKET , . IVA x VI I SEE DETAIL I 3 4 BOLTS I "` CONC.FTG. RIES APPROx'GRADE I I 3 -SEE PLI I AN 1/A�i FOR SIZES a DATE BOARD 4 BATTEN II CONI.R&vARES - . - DECEMBER 2'T, 20' U SIDING(TYP) I 1� DRAWING TITLE 1 FLOOR PLAN EXTER. ELEV. 2014 ,I .�' SECTION e) i [)E ELEVATION ,.._ � SHEET NO. FOOTING 3 SCALE: 1/4"■ 1'-0" SAME AS OPP SITE I NG 5ECTION SCALE: 3/4"- 1'231,E I �� A.� ,I A.i SCALE: 3/0"- �I l lit Ma of "Eli ah's Lane Estates, Sect. 3" Map of "Eli ah's Lane Estates, Sect. 2" Map Filed I Z)-08-qb as File # qq l2 Filed I 0-O8-ab as File # qq l3 r � g r 013 443' SE38°�5`0' _7v '50"E ° � S36°52'5O" 101 .20 °O �OT 58° I �O 4�.TA_11ii_RM_- 1 S 566.3-7' 53-136 �O � . 162.�5' 40 556°5150T 425.50REE.42 �O � 4�f2.40 ONPL 230.2-1' .� OL Lcrid OF - York state _ ma�� S 6°4c 3" Fallow 1=1e1d � - 1P O `9 N U + 44 ks) 2460.44' %cl • NHall �� 212 N�4°24' 3"� 525— 01 N56°O�'45"Y�l 26-72.c[5' 6 - m w � Land now or formerly of: Henry Rutkoski 4 Helen Rutkoski � Nada: 4d31 J PE JUN 2 0 2014 SEAL: REVISIONS/SUBMISSIONS: DRAWING TITLE: A5CALE _ P' _ l00' DATE: DESCRIPTION: r X1/Tl/`lG_fURvr_X CAD FILE NAME: P:15-1777\20 - CD\10 - Current\1777 site plan PROJECT TITLE: DATE: NSA PROJECT #: N EMSCHICK SILVERMAN ARCHITECTS P.C. .fH0WALTr_R rARM the business of ARCHITECTURE." 6/20/14 15-1777 __.... — -- 18625 MAIN ROAD 1 U I ............// I SCALE: DRAWING NO: MATTITUCK, IX 11952 A,/'/VOTED 33105 Main Road, Cutchogue, New York 11935 DISTRICT: SECTION: BLOCK: LOT: DRAWN BY: Phone : 631-734-7007 Fax : 631-734-7347 http://%niww.ns-arch .com PLAN NORTH 0 COPYRIGHT 2014 HEMscFICK SILVERMAN ARCHTECTS P.C. 1000 108 4 1.4 ti. J - MAILING ADDRESS: PLANNING BOARD MEMBERS w`QE Soar P.O.Box 1179 DONALD J.WILCENSKI �0�� lO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY Q 54375 State Route 25 JAMES H.RICH (cor.Main MARTIN H SIDOR �lif'COU� a SouYoungs Ave.) th d,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 16, 2014 Mr. Ray Nemschick, R.A. 160 Main Street Sayville, NY 11782 Re: Approval: Proposed Site Plan for Showalter Farms, LLC Located at 18625 NYS Rt. 25, ±1,190' w/o Elijah's La. & NYS Rt. 25, Mattituck SCTM#1000-108-4-1.4 Zoning District: A-C/R-40 Dear Mr. Nemschick: The following resolutions were adopted at a meeting of the Southold Town Planning Board on December 15, 2014: WHEREAS, this proposed Site Plan is to construct one (1) 24''x 30' 3-stall portable barn, two (2) 24' x 10' 2-stall portable barns, an outdoor sand training area and twelve parking stalls, 2 trailer parking stalls on 24.2 acres in the A-C Zoning District, Mattituck; and WHEREAS, on June 20, 2014, the agent for the applicant, Ray Nemschick, submitted an application for Site Plan review; and WHEREAS, at a Work Session held on July 7, 2014, the Planning Board formally accepted the application for review; and WHEREAS, on July 17, 2014, the Planning Board, pursuant to Southold Town Code §280-131 C.., distributed the application to the required agencies for their comments; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5, has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5 (c) (3) "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming"; and Showalter Farms, LLC [2] December 16, 2014 WHEREAS, on July 24, 2014, the Mattituck Fire Commissioners reviewed the proposed Site Plan and determined that there was adequate fire protection; and WHEREAS, on July 26, 2014, the Southold Town Fire Inspector reviewed the proposed Site Plan and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on July 29, 2014, the Southold Town Engineering Inspector reviewed the proposed Site Plan.to Chapter 236 and required additional information; and WHEREAS, on July 29, 2014, the Town of Southold LWRP Coordinator reviewed the above-referenced project and determined the proposed project,to be consistent with Southold Town LWRP Policies; and WHEREAS, on August 4, 2014, a public hearing was held and closed for the above- referenced application with written comments being accepted for an additional two (2) weeks from the date of the hearing; and WHEREAS, at a Work Session held on August 18, 2014, the Planning Board considered the public input from the public hearing and written comments and required certain revisions to the Site Plan and those revisions were made to the satisfaction of the Planning Board; and WHEREAS, on October 6, 2014, the Southold Town Engineer reviewed the above- referenced application and determined that the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on November 10, 2014, the Zoning Board of Appeals issued a decision for File #SE6778, granting a Special Exception for stables/riding academy in an A-C Zoning District with ten (10) conditions. These conditions are included on the Site Plan as follows: 1. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within the classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant; 2. This Special Exception Permit requires an Operating Permit and inspection by a Building Inspector from the Building Department that must be renewed annually. It is the applicant's responsibility to contact the Building Department on an annual basis to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein; 3. The Special Exception Permit granted herein is subject to Site Plan Approval from the Planning Board; 4. Notwithstanding the provisions of this Chapter 205 of the Town Code, no more than six (6) single Special Events may be held annually at the subject property, subject to the issuance of a Special Event Permit; Showalter Farms. LLC [3] December 16, 2014 5. Ingress and egress is prohibited through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only; 6. The development rights sold parcel (SCTM#1000-108-4-1.4) shall only be used by the boarders of Showalter Farms, LLC or any other entity operating the boarding operation and shall not be used in any manner by the public and/or riding academy patrons. For the purposes of this Special Exception, the term "boarders" shall be defined as "persons who own a horse boarded at the subject parcel or persons who have a long term lease (six months or longer) from the owner of a horse which is boarded at the subject parcel"; 7. Horse manure shall not be stored within 150 feet of any property line; 8. Horse manure shall be removed a minimum of once per week (note that this condition is the revised time-frame for manure removal, revised by the ZBA in a decision dated December 11, 2014); 9. This Special Exception Permit incorporates the terms of the Land Preservation Committee Approval dated December 2, 2014; 10.In the event that a Building Permit is submitted to construct an indoor riding ring at the subject property, a new application for a Special Exception Permit must be applied for; and WHEREAS, on December 12, 2014, the Southold Town Chief Building Inspector reviewed and certified the proposed stables/riding academy as a permitted use in the A- C Zoning District by Special Exception pursuant to ZBA File#SE6778; and WHEREAS, at their Work Session on December 15, 2014, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280— 130 Site Plan Approval of the Town of Southold, have been met; therefore be it RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board grants Approval with Two (2) Conditions to the Site Plan entitled "Showalter Farm", prepared by Raymond W. Nemschick, dated June 20, 2014 and last revised November 18, 2014. Conditions: 1. To be fulfilled prior to the stamping of the approved plan: file a Covenant and Restriction with the Office of the Suffolk County Clerk as required by the Planning Board stating "Ingress and egress is prohibited to the Property through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only"; 2. This Site Plan is subject to the ten (10) ZBA conditions listed on the Site Plan pursuant to ZBA F ile #SE6778 issued November 10, 2014, amended December 4, 2014. R 1 Showalter Farms, LL61 [4] December 16, 2014 Please also note the following requirements in the Southold Town Code relating to Site Plans: 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. Please call the Southold Town Engineer prior to beginning this work. 4. Approved Site Plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 5. Any changes from the Approved Site Plan shall require prior Planning Board approval. 6. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. If you have any questions regarding the above, please contact this office. Very truly yours, � r bo Donald J. Wilcenski Chairman By signing this letter, the applicant acknowledges that there are Town Code requirements and conditions, including those listed above, that must be satisfied prior to the issuance of a rtificate of Occupancy. Print name:FPV Applicant/Agent Signature: Date: _ �. xx MAILING ADDRESS: MEMBERSPLANNING BOARD ,a P.O. Box 1179 DONALD J.WILCENS Ila, Southold, NY 11971 � y "'� w4k Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR +' U Southold, NY Telephone: 631 765-1938 www.southoldtow-rmy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 7, 2016 Mr. Chris Showalter 1015 Orchard Lane Southold, NY 11971 Re: Extension of Approval - Approved Site Plan for Showalter Farms, LLC 18625 NYS Rt. 25, ±1,190' w/o Elijah's Lane & NYS Rt. 25, Mattituck SCTM#1000-108-4-1.4 Zoning District: A-C/R-40 Dear Mr. Showalter: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 6, 2016: WHEREAS, this proposed Site Plan is to construct one (1) 24' x 30' 3-stall portable barn, two (2) 24' x 10' 2-stall portable barns, an outdoor sand training area and twelve parking stalls, 2 trailer parking stalls on 24.2 acres in the A-C Zoning District, Mattituck; and WHEREAS, on December 15, 2014, the Planning Board granted approval to the Site Plan entitled "Showalter Farm", prepared by Raymond W. Nemschick, dated June 20, 2014 and last revised November 18, 2014; and WHEREAS, on March 23, 2016, the Planning Board notified the applicant of the impending Site Plan Approval expiration; and WHEREAS, on May 5, 2016, Chris Showalter, owner, submitted a letter requesting an Extension of Site Plan Approval and provided reasoning that the Approved Site Plan was not entirely completed due to financial considerations and preceding weather; and WHEREAS, at a Work Session held on June 6, 2016, the Planning Board reviewed the application and determined that the expired Site Plan is in compliance with current rules and regulations; be it therefore Showalter Farms, LLC Page 2 June 7, 2016 RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan Approval for one (1) year from June 6, 2016 to June 6, 2017 on the Site Plan entitled "Showalter Farm", prepared by Raymond W. Nemschick, dated June 20, 2014 and last revised November 18, 2014. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman cc: Mike Verity, Chief Building Inspector OFFICE LOCATION: AIAILING ADDRESS: Town Hall Annexe P.O.Box 1179 54375 State Route 25 �" �p��i � K"p Southold, NY 11971 (cor.Main Rd. & Ave.)Youngs e Telephone: 631765-1938 N Southold, Y �� p www.southoldtownny.gov r Po II�j i PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 21, 2021 Mr. & Mrs. Chris Showalter 1015 Orchard Lane Southold, NY 11971 Re: Approved Site Plan for Showalter Farms, LLC 18625 NYS Rt. 25, ±1,190' w/o Elijah's Lane & NYS Rt. 25, Mattituck SCTM#1000-108-4-1.4 Dear Mr. Showalter: The Planning Board has found that all the requirements of the above-referenced site plan have been completed based on the site inspection made on July 20, 2021. The last two 10' x 24' barns have been inspected and found to be in conformance with the site plan. The site is in conformance with the approved site plan entitled Showalter Farm", prepared by Raymond W. Nemschick, dated June 20, 2014 and last revised November 18, 2014. Although the site plan approval technically expired on June 7, 2016, the majority of the site was completed, inspected by Planning, and given certificates of occupancy prior to the expiration. For this reason, it is not necessary for the Planning Board to grant another extension simply to sign off on the two small barns. This letter does not condone any changes from the approved site plan or to the approvals from other agencies; Planning Board approval is required prior to any significant changes to the site. Please, if you have any questions regarding this site plan or its process, do not hesitate to call this office at 631-765-1938. Respectfully, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector Southold Planning Department Staff Report Site Plan Application Work Session — Request for Approval Extension Date: June 6, 2016 Prepared By Brian Cummings I. Application Information Project Title: Showalter Farm Applicant: Chris Showalter Approved: December 14, 2014 Tax Map Number: 108.-1-1.4 Project Location: 18625 Main Road Hamlet: Mattituck Zoning District: AC / R-40 II. Description of Project Type of Site Plan: Agricultural Acreage of Project Site: 24.18 acres(4.18 R-40/AC development rights in tact; 20 acres development rights sold A-C) Building Size 1200sf total This proposed Site Plan is for a horse farm and riding academy, and includes one 24' x 30' (720 sq. ft.) 3-stall barn, two 24' x 10' (240 sq. ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and twelve (12) parking stalls on 24.2 acres in the A-C Zoning District. III: Analysis The approved site plan will expire on June 7, 2016; a letter from the Planning Board was sent to the applicant regarding the impending site plan approval expiration on March 23, 2016; Mr. Showalter responded by saying that due to financial considerations and the preceding weather the two 24' x 10' barns have not yet been completed. A. Approved One (1) 24' x 30' (720sf) 4-stall Portable Horse Barn (complete with CO) Two (2) 10'x 24' (240sf) 2-stall Portable Horse Barns 140' x 270' Outdoor training area/sand surface (complete) B. Staff Analysis: l 1. ZBA: November 10, 2014, the Zoning Board of Appeals issued a decision for File #SE6778, granting a Special Exception for stables/riding academy in an A-C Zoning District with ten (10) conditions; 2. Site inspection conducted June 19, 2015 for items listed above; V: Staff Recommendation Accept the request for extension of site plan approval and set the application on the Planning Board's public meeting agenda for tonight, to extend the approval for one (1) year to June 6, 2017 to complete construction and receive a Certificate of Occupancy. 2 Southold Town Planning Board Work Session — June 6 2016 - Page 2 Project Name: De Art of Nature, LLC T SCTM# 1000-84-1-10.4 Location: 23423 CR 48, Cutchogue . ..... ._. Description; j This site plan is for a 17,888 sq. ft. addition to an existing 37,183 sq. ft. glass greenhouse structure and two (2) new office trailers @ 720 sq. ft. each on a 5.8-acre parcel in the A-C Zoning District Status: Approved Site Plan I Action: Approval Extension Attachments. Staff Report . x Lane, Residences 50 n/w/o Fox Lane &Whistler# 100shers Island roject A.. 4 Location Name: Fo } _ ±350" r Ave, Fishers Island Description: This proposed site plan is for the construction of four (4) tenant-occupied affordable housing units in three structures; two at 1282sq.ft.,one at 1784sq.ft., I and one at 507sd.ft; on 0.75acres in the AHD zoning district, Fishers Island. { Status- New Application Action: l Review for completen111111111111­1,ess. 111 1I Attachments: Staff Report Project Name: Showalter FarmsSCTM# 000-108-4-1.4 1... Location: 18625 Main Road, ±1,190' w/o Elijah's Lane, Mattituck Description: This Site Plan is to construct Phase One of a riding academy, and includes one 24' x 30' (720 sq. ft.) 3-stall barn, two 24' x 10' (240 sq. ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' g A-C Zoning District. and eight (8) parkin stalls on 24.2 acres in the Statusw Approved Site Plan Action: Approval Extension ...... . .. Attachments: Staff Report Project name. .. ..Or ® . � _ lent Acres Subdivision _SCTM_#: 1.000-14-2-25 Location: 32625 Route 25, Ornent Description . This proposal is to subdivide a 9.93 acre parcel into 3 clustered lots and 1 open space lot where Lot 1 equals 2.81 acres inclusive of 0.45 acres of open space and 1.0 acre of unbuildable land, Lot 2 equals 1.07 acres inclusive of 0.16 acres of unbuildable land, Lot 3 equals 0.75 acres and Lot 4 equals 5.30 acres inclusive of 0.49 acres for a right of way and 4.80 acres of open space. The parcel is located in the R-80 Zoning j District. Status; New Application Action: Review for Completeness Attachments: , P Staff Report Cummin s, Brian A. From: Chris Showalter <chris@ozpt.com> Sent: Thursday, May 05, 2016 10:53 AM To: Cummings, Brian A. Cc: Ray Nemschick Subject: Chris Showalter re Showalter Farms LLC Dear Brian It was a pleasure speaking with you via telephone today The Planning Board's letter of March 23, 2016 advised that our Site Plan Approval currently expires on June 7, 2016 1 am respectfully requesting an extension of said Site Plan Approval Financial considerations are making it difficult to complete the installation of the 2 x 2 stall barns prior to the June 7`h deadline Additionally,the very wet spring has precluded us using the heavy equipment necessary to prepare the site Thank you for your assistance and please advise me of the Board's decision Kind Regards , Chris Showalter (HIND rr,)l Chris R Showalter PT, OCS, FAAOMPT ',,` 0 lop Board Certified Orthopedic Specialist Fellow,American Academy of Orthopedic Manual Physical Therapistsouthbld Towri Program Director, Maitland Australian Physiotherapy Seminars PIa 1111oa Board Fellowship in Orthopedic Manual Therapy (Developing) PO Box 1244 Cutchogue NY 11971 www.oz t.com Tel: EST(631) 298-5367 1 OFFICE LOCATION: r � MAILING ADDRESS: Town Hall Annex �� P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NYS Telephone: 631 765-1938 v^ w.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD Certified Mail/Return Receipt March 23, 2016 Mr. & Mrs. Chris Showalter 1015 Orchard Lane Southold, NY 11971 Re: Approved Site Plan for Showalter Farms, LLC 18625 NYS Rt. 25, ±1,190' w/o Elijah's Lane & NYS Rt. 25, Mattituck SCTM#1000-108-4-1.4 Dear Mr. & Mrs. Showalter: The Site Plan Approval granted by the Southold Town Planning Board on December 15, 2014 will expire on June 7, 2016 (resolution attached). If the work on the two 10' x 24' barns has been completed, please submit a request for a final site inspection. If the work has not been completed, please submit your request for an Extension of Site Plan Approval for consideration by the Planning Board, to include the reason why an extension is necessary. If you have any questions regarding this matter, you may contact our office. Very truly yours, Donald J. Wilcenski Chairman Encls. cc: Ray Nemschick, R.A. Michael Verity, Chief Building Inspector alu •w I°� '� pill uuu iiiiii �"' li � a �� oiim Diol ulk CQ§IY4u4W C�� POSIlmork Rerauuw RauaaeVCuA V'ass N N lir 0..3 tEu doiraseirrIa vii F:ps quuilmdt (rM (Ir ndo rserauauirit IRequuI red) ..(( 111 Vsrw Pevsra. zu&F"nass °- ri d7EWd raY e j ■ Complete items 1,2,and 3,Also complete A. Sigrretu Item 4 if Restricted Delivery Is desired. ❑Agent ON print your name and address on the reverse ece Addressa ' so that we can rettirn h+ the card to u, ed b �� ► a�rrr�t 0. Date of Delivery ■ Attach this card to the back of the mallplece, or on the front if space permits. --- D. Is delivery address di R heat "to 1 % yes 1. Article Addressed to: If YES,enter dellve ose below. ", o 5 2016 Mr. & Mrs. Chris Showalter 1015 Orchard Lane Southold, NY 11971 3' s�iatIfied m p� E .e�CertlHed Mali D rlollty Mall Express'" ❑Registered *'�R'etum Receipt for Merohandise ❑Insured Mail ❑Collect on Dellyelry 4, Restricted Delivery?(EMra Fee) ❑Yes :2.:Artoto I�rjraber � C 00s bed t `errn Sall. all.Jly2h1Norrie lI bNn Reuxrlt MAILING ADDRESS: s ;� pF SU '� P.O. Box 1179 PLANNING BOARD MEMBER DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE FFERTY 54375 State Route 25 J ES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ,_..COUNTY y a, Southold, NY Telephone: 631 765-1938 www.Southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 30, 2015 Mr. Ray Nemschick, R.A. 160 Main Street ' Sayville, NY 11782 Re: Approved Site Plan for Showalter Farms, LLC 18625 NYS Rt. 25, ±1,190' w/o Elijah's Lane & NYS Rt. 25, Mattituck S*CTM#1000-108-4-1.4 Dear Mr. Nemschick: The Planning Board has found that the requirements of the above-referenced Site Plan have been completed based on the site inspection made June 29, 2015. The site is now in conformance with the Approved Site Plan entitled "Showalter Farm", prepared by Raymond W. Nemschick, dated June 20, 2014 and last revised November 18, 2014. Please know that the Planning Board considers the (2) two 10' x 24' unbuilt barns as open '°� permits requiring a final site inspection once completed. These small barns are not necessary to the safe operation of the site, therefore, their completion can be delayed. If the Site Plan Approval expires prior to their construction, a irequest to extend the Site. Plan Approval must be made to the Planning Board. This letter does not condone any changes from the Approved Site Plan or to the approvals from other agencies; Planning Board approval is required prior to any significant changes to the site. Please, if you have any questions regarding this Site Plan or its process, do not hesitate to call this office. Very truly yours, R Donald J.�I"ilcenski Chairman cc: Michael Verity, Chief Building Inspector Jamie Richter, Town Engineer MAILING ADDRESS: PLANNING BOARD MEMBERS rg S 0�PP.O.Box 1179 DONALD J.WILCENSKI Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex 54375 State Route 25 PIERCE RAFFERTY JAMES H.RICH III G? (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR � 1 Southold, NY Telephone: 631765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 16, 2014 Mr. Ray Nemschick, R.A. 160 Main Street Sayville, NY 11782 Re: Approval: Proposed Site Plan for Showalter Farms, LLC Located at 18625 NYS Rt. 25, ±1,190' w/o Elijah's La. & NYS Rt. 25, Mattituck SCTM#1000-108-4-1.4 Zoning District: A-C/R-40 Dear Mr. Nemschick: The following resolutions were adopted at a meeting of the Southold Town Planning Board on December 15, 2014: WHEREAS, this proposed Site Plan is to construct one (1) 24' x 30' 3-stall portable barn, two (2) 24' x 10' 2-stall portable barns, an outdoor sand training area and twelve parking stalls, 2 trailer parking stalls on 24.2 acres in the A-C Zoning District, Mattituck; and WHEREAS, on June 20, 2014, the agent for the applicant, Ray Nemschick, submitted an application for Site Plan review; and WHEREAS, at a Work Session held on July 7, 2014, the Planning Board formally accepted the application for review; and WHEREAS, on July 17, 2014, the Planning Board, pursuant to Southold Town Code §280-131 C.., distributed the application to the required agencies for their comments; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEOIR) 6 NYCRR, Part 617,5, has determined that the proposed action is a Type ll Action as it falls within the following description for 6 NYCRR, Part 617.5 (c) (3) "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming"; and Showalter Farms, LLC [2] December 16, 2014 WHEREAS, on July 24, 2014, the Mattituck Fire Commissioners reviewed the proposed Site Plan and determined that there was adequate fire protection; and WHEREAS, on July 26, 2014, the Southold Town Fire Inspector reviewed the proposed Site Plan and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on July 29, 2014, the Southold Town Engineering Inspector reviewed the proposed Site Plan to Chapter 236 and required additional information; and WHEREAS, on July 29, 2014, the Town of Southold LWRP Coordinator reviewed the above-referenced project and determined the proposed project to be consistent with Southold Town LWRP Policies; and WHEREAS, on August 4, 2014, a public hearing was held and closed for the above- referenced application with written comments being accepted for an additional two (2) weeks from the date of the hearing; and WHEREAS, at a Work Session held on August 18, 2014, the Planning Board considered the public input from the public hearing and written comments and required certain revisions to the Site Plan and those revisions were made to the satisfaction of the Planning Board; and WHEREAS, on October 6, 2014, the Southold Town Engineer reviewed the above- referenced application and determined that the proposed drainage meets the minimum requirements of Chapter 2.36 for Storm Water Management; and WHEREAS, on November 10, 2014, the Zoning Board of Appeals issued a decision for File #SE6778, granting a Special Exception for stables/riding academy in an A-C Zoning District with ten (10) conditions. These conditions are included on the Site Plan as follows: 1. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within the classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Pert-nit is required and that changes will be NYS Code cornpliant; 2. This Special Exception Permit requires an Operating Permit and inspection by a. Building Inspector from the Building Department that must be renewed annually. It is the applicant's responsibility to contact the Building Department on an annual basis to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein; 3. The Special Exception Permit granted herein is subject to Site Plan Approval from the Planning Board; 4. Notwithstanding the provisions of this Chapter 205 of the Town Code, no more than six (6) single Special Events may be held annually at the subject property, subject to the issuance of a Special Event Permit; Showalter Farms, LLC [3] December 16, 2014 5. Ingress and egress is prohibited through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only; 6. The development rights sold parcel (SCTM#1000-108-4-1.4) shall only be used by the boarders of Showalter Farms, LLC or any other entity operating the boarding operation and shall not be used in any manner by the public and/or riding academy patrons. For the purposes of this Special Exception, the term "boarders" shall be defined as "persons who own a horse boarded at the subject parcel or persons who have a long term lease (six months or longer) from the owner of a horse which is boarded at the subject parcel"; 7. Horse manure shall not be stored within 150 feet of any property line; 8. Horse manure shall be removed a minimum of once per week (note that this condition is the revised time-frame for manure removal, revised by the ZBA in a decision dated December 11, 2014); 9. This Special Exception Permit incorporates the terms of the Land Preservation Committee Approval dated December 2, 2014; 10.In the event that a Building Permit is submitted to construct an indoor riding ring at the subject property, a new application for a Special Exception Permit must be applied for; and WHEREAS, on December 12, 2014, the Southold Town Chief Building Inspector reviewed and certified the proposed stables/riding academy as a permitted use in the A- C Zoning District by Special Exception pursuant to ZBA File #SE6778; and WHEREAS, at their Work Session on December 15, 2014, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — 130 Site Plan Approval of the Town of Southold, have been met; therefore be it RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board grants Approval with Two (2) Conditions to the Site Plan entitled "Showalter Farm", prepared by Raymond W. Nemschick, dated June 20, 2014 and last revised November 18, 2014. Conditions: 1. To be fulfilled prior to the stamping of the approved plan: file a Covenant and Restriction with the Office of the Suffolk County Clerk as required by the Planning Board stating "Ingress and egress is prohibited to the Property through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only"; 2. This Site Plan is subject to the ten (10) ZBA conditions listed on the Site Plan pursuant to ZBA F ile #SE6778 issued November 10, 2014, amended December 4, 2014. Showalter Farms LLC [4] December 16, 2014 Please also note the following requirements in the Southold Town Code relating to Site Plans: 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. Please call the Southold Town Engineer prior to beginning this work. 4. Approved Site Plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 5. Any changes from the Approved Site Plan shall require prior Planning Board approval. 6. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman By signing this letter, the applicant acknowledges that there are Town Code requirements and conditions, including those listed above, that must be satisfied prior to the issuance of a rtificate of Occupancy. .w - Applicant/Agent Print name: _ .......�.__y Signature: ��'�= . Date: MAILING ADDRESS:. PLANNING BOARD MEMBERS *QF SU(/TP.O. Box 1179 Southold, NY 11971 DONALD J.WILCENSKI l® S ' Chair OFFICE LOCATION: WILLIAM J.CREMERS CA 4INC Town Hall Annex PIERCE RAFFERTY � 54375 State Route 25 JAMES H.RICH III ��. (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR COUNT11 Southold, NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 30, 2015 Mr. Ray Nemschick, R.A. 160 Main Street Sayville, NY 11782 Re: Approved Site Plan for Showalter farms, LLC 18625 NYS Rt. 25, ±1,190' w/o Elijah's Lane & NYS Rt. 25, Mattituck SCTM#1000-108-4-1.4 Dear Mr. Nemschick: The Planning Board has found that the requirements of the above-referenced Site Plan have been completed based on the site inspection made June 29, 2015. The site is now in conformance with the Approved Site Plan entitled "Showalter Farm", prepared by Raymond W. Nemschick, dated June 20, 2014 and last revised November 18, 2014. Please know that the Planning Board considers the (2) two 10' x 24' unbuilt barns as open permits requiring a final site inspection once completed. These small barns are not necessary to the safe operation of the site, therefore, their completion can be delayed. If the Site Plan Approval expires prior to their construction, a request to extend the Site, Plan Approval must be made to the Planning Board. This letter does not condone any changes:from the Approved Site Plan or to the approvals from other agencies; Planning Board approval is required prior to any significant changes to the site. Please, if you have any questions regarding this Site Plan or its process, do not hesitate to call this office. Very truly yours, 3 Donald Hi'lcenski Chairman cc: Michael Verity, Chief Building Inspector Jamie Richter, Town Engineer Southold Town Planningk3o rd Work Session - July ,.2015 - Pam 2 Pr11 oject Name: Purita Winery SCTM#: 11000-51 3-4.3 Location: 19110 Soundview Avenue, on the n/s/o Old North Road, approximately 286 ft. w/o County Road 48, Southold _ _.,. . p Description: This Site Plan is for the alteration and expansion of existing buildings into;; a new winery totaling 6,304 sq. ft. which includes 267 sq. ft. of office, 347; sq. ft. of retail, 3,249 sq. ft. of tasting room, 671 sq. ft. of storage area, 1,770 sq. ft. of production area and stone terrace with 25 parking spaces on a,­311.7,413 17acre parcel in the A-C Zone Status: Expired Site Plan Action: Review Approval Extension request. Attachments: Staff Report Project name_ : Barszczewski, Joseph Jr. r. ( SCTM#: � _ Location: 105 Lawrence Lane, Greenport D �� escn tion: This Site Plan is for the propos construction of a 50' Description": p p 56'­'x'­'7' 5' (3,750 s.f.) storage g building on a 9,_375 s f. parcel in the LI Zoning District. : . . Status: Approved Pending Final Inspection Action: Review comments from Final Site Inspection. Attachments: Staff Report Project �. Location:ame: Showalter Farms ; SCTM#: 1000-108-4-1.4 Main Road, ±1,190' w/o Elijah's Lane, Mattituck Description; This Site Plan is to construct Phase One of a riding academy, and includes one 24' x 30' (720 sq. ft.) 3-stall barn, two 24' x 10' (240 sq. ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and eight (8) parking stalls on 24.2 acres in the A-C Zoning District. j Status: Approved Pending Final Inspection Action: Review comments from Final Site Inspection Attachments: Staff Report Project Name: Southold Gas Station,"&- Convenience Store SCTM# 1000-55-5-2.2: Location: 45450 CR 48, on the s/w corner of CR 48 and Youngs Avenue, Southold._ Description: This amended Site Plan is for the proposed conversion of an existing 3,476 sq. ft. building (formerly for vehicle detailing, RV sales and servicing) to a convenience store and vehicle fuel sales, with: 6 fuel pumps (12 fueling stations), two canopies, one at 50' x 24' (1,200 sq. ft.) and the other at 50' x 50' (2,500 sq. ft.) and 29 parking spaces on 1.46 acres in the General Business (B) Zoning District. Status: New Application Action: ! Review for completeness, set public hearing and SEQR classification. Attachments: Staff Report SOULnold Planning Department Staff Report Site Plan Application Work Session — Final Site Inspection Date July 6, 2015 Prepared By: Brian Cummings I. Application Information Project Title: Showalter Farm II. Action Review all staff comments. This proposed Site Plan is for a horse farm and riding academy, and includes one 24' x 30' (720 sq. ft.) 3-stall barn, two 24' x 10' (240 sq. ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and twelve (12) parking stalls on 24.2 acres in the A-C Zoning District. III: Analysis With reference to the final site inspection on June 19, 2015: A. Constructed: a. 24' x 30' (720sf) 3 — stall barn; b. Outdoor riding/training area with concrete survey markers marking line between development rights sold land and development rights intact land; c. Space for twelve (12) parking stalls and two (2) horse trailers and vehicles Staff: parking stalls are not paved or striped but there is sufficient space to accommodate vehicles; B. ZBA: November 10, 2014, the Zoning Board of Appeals issued a decision for File #SE6778, granting a Special Exception for stables/riding academy in an A-C Zoning District with ten (10) conditions. These conditions are included on the Site Plan as follows: 1. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within the classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant; 1 2. This Special Exception Permit requires an Operating Permit and inspection by a Building Inspector from the Building Department that must be renewed annually. It is the applicant's responsibility to contact the Building Department on an annual basis to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein; 3. The Special Exception Permit granted herein is subject to Site Plan Approval from the Planning Board; 4. Notwithstanding the provisions of this Chapter 205 of the Town Code, no more than six (6) single Special Events may be held annually at the subject property, subject to the issuance of a Special Event Permit; 5. Ingress and egress is prohibited through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only; Staff: this access is currently obstructed by thick vegetation (see photos) and possibly a guardrail between the subject site and Noah's Path. There is a concern from the owner as to whether or not he is required to keep this "emergency access" area free from obstruction should an emergency arise. There is access from NYS Rt. 25 and north from CR 48 over the LIRR tracks if necessary; 6. The development rights sold parcel (SCTM#1000-108-4-1.4) shall only be used by the boarders of Showalter Farms, LLC or any other entity operating the boarding operation and shall not be used in any manner by the public and/or riding academy patrons. For the purposes of this Special Exception, the term "boarders" shall be defined as "persons who own a horse boarded at the subject parcel or persons who have a long term lease (six months or longer) from the owner of a horse which is boarded at the subject parcel"; 7. Horse manure shall not be stored within 150 feet of any property line; Staff: a defined area has been provided on site (see photos) that maintains a 150' clearance distance from all property lines for manure storage and removal; 8. Horse manure shall be removed a minimum of once per week (note that this condition is the revised time-frame for manure removal, revised by the ZBA in a decision dated December 11, 2014); 9. This Special Exception Permit incorporates the terms of the Land Preservation Committee Approval dated December 2, 2014; 2 10.In the event that a Building Permit is submitted to construct an indoor riding ring at the subject property, a new application for a Special Exception Permit must be applied for; and V: Staff Recommendations 1. Support the issuance of a Certificate of Occupancy and/or operating permit for the subject site including the one (1) 24' x 30' horse barn that was constructed; 2. The two (2) 10' x 24' unbuilt horse barns are recommended to be considered as open building permits requiring a final site inspection once completed. These small barns are not necessary to the safe operation of the site; therefore, their completion can be delayed. If the Site Plan Approval expires prior to their construction, a request to extend the Site Plan Approval must be made to the Planning Board. 3 1 STA TEOF OPPORTUNITY. �n Markets DEC 2,8 2015 D E � b ANDREW M. CUOMO RICHARD A. A � D C . 3 15 wn Governor Commissione Southold Boar Planning Board South Id own December 18, 2015 Planni aoard Honorable Scott Russell, Supervisor Donald Wilcenski, Chair Planning Board Town of Southold Town of Southold 53095 Main Road 54375 Main Road PO Box 1179 P.O. Box 1179 Southold, NY 11971 Southold, NY 11971 Chair Kanes-Weisman, ZBA Town of Southold 54375 Main Road P. O. Box 1179 Southold, NY 11971 Re: Agriculture and Markets Law §305-a(1) Review Concerning the Administration of the Town's Zoning Code With Respect to the Operation of a Commercial Equine Operation on Showalter Farms, LLC Dear Supervisor Russell, Chair Wilcenski and Chair Kanes-Weisman: By letter dated May 28, 2015, the Department advised the Town of Southold of Joanne Showalter's request that the Department review the Town of Southold's Zoning Code, as applied to her farm operation. The Showalters operate a commercial horse boarding and equine operation that boards, trains, raises and breeds performance horses on land located within the Town of Southold and Suffolk County Agricultural District No. 1. Showalter Farms is comprised of two parcels, one (Tax Parcel 1000-108-4-1.4) is approximately 20 acres and is encumbered by a conservation easement held by the Town. The other parcel (Tax parcel 1000-108-4-1.3; 4.13 acres) is not encumbered by a conservation easement. AML §301(13) and AML §301(17) specifically define "commercial horse boarding operation" and "commercial equine operation" as farm operations; and the Department has consistently viewed the raising, breeding, boarding and sale of horses as a "farm operation" under AML §301(11). The Department's Guidelines for Review of Local Laws Affecting Commercial Horse Boarding Operations and Commercial Equine Operations (copies enclosed) discuss the activities which the Department views as protected by AML §305-a. In general, the Department does not review easement language or review easements under the AML when applied to a farm operation located within an agricultural district. Honorable Scott Russell, 86lervisor ' Planhing'Board Chair Wilcenski ZBA Chair Kanes-Weisman Town of Southold 2Page However, if the Town applies its Zoning Code to land encumbered by a conservation easement, the Department may examine the local law and its application to the farm operation for compliance with AML §305-a (1). The Showalters requested that the Department review four separate issues pertaining to the Town-Code and its administration with regard to their fafm'operation: (1) the Code Chapter 280, §§13(A)(2)(b-c) and 13(B)(1 2) requirements of a Special Exception Permit for the operation of a stable and riding academy; (2) the November 10, 2014 ZBA Special Exception Permit restrictions placed upon the Farm; (3) the Planning Board restrictions and conditions on the entire farm (both tax parcels), including access limitations on the farm's use of Noah's Path; (4) and the absence of a formal process for an expedited site plan review. Special Exception Permit Requirements Code Section 280-13(A)(2)(b)-(c) provides, in part, that in the A/C Zoning District, "[T]he keeping, breeding, raising and training of horses..." and..."[B]arns, storage buildings,...that conform to the yard requirements for principal buildings" are permitted uses. However, Code Section 280-13(B) provides that certain uses are permitted by special exception approval by the Board of Appeals (ZBA) and are also subject to site plan approval by the Planning Board; including stables and riding academies [Code §280-13(B)(12)]. Furthermore, Code Article XXIV Site Plan §280-127 (Applicability) provides that except for single-family homes and customary nonagricultural accessory uses to single-family homes, every land use that is permitted in the Town must submit to site plan approval.- As discussed with the Town in prior AML §305-a reviews, the use of land for agricultural purposes and the construction of on-farm buildings as part of a farm-operation in a county adopted State certified agricultural district, should not, generally, require site plan review, special use permits or be subjected to nonconforming use requirements. Agricultural uses and the construction of on-farm buildings as part of a farm operation should be permitted uses when the farm operation is located within an agricultural district. Therefore, absent any showing of an overriding local concern, an exemption from Special Exception Permit requirements should be provided to farm operations located within an agricultural district. The Department's Guidelines for Review of Local Zoning and Planning Laws (copy enclosed) discusses this topic in greater detail. However, because the owners of Showalter Farms, LLC, submitted to the Town's Special Exception Permit review, the Department will only comment on certain "conditions" placed within the Special Exception Permit and their effect on the Farm. To require the Farm to amend its Special Exception permit for the construction of a riding Division of Land and Water Resources I 10B Airline Dr.Albany,N.Y., 122351518/457-3738 1 www.agriculture ny.gov ____Honorable_Scott Russell,Suppryisor Planning Board Chair Wilcenski ZBA Chair Kanes-Weisman Town of Southold 21 Page However, if the Town applies its Zoning Code to land encumbered by a conservation easement, the Department may examine the local law and its application to the farm operation for compliance with AML §305-a (1). The Showalters requested that the Department review four separate issues pertaining to the Town Code and its administration with regard to their farm operation: (1) the Code Chapter 280, §§13(A)(2)(b-c) and 13(B)(12) requirements,of a Special Exception Permit for the operation of a stable and riding academy; (2) the November 10, 2014 ZBA Special Exception Permit restrictions placed upon the Farm; (3) the Planning Board restrictions and conditions on the entire farm (both tax parcels), including access limitations on the farm's use of Noah's Path; (4).and the absence of a formal process for an expedited site plan review. Special Exception Permit Requirements Code Section 280-13(A)(2)(b)-(c) provides, in part, that in the A/C Zoning District, "[T]he keeping, breeding, raising and training of horses..." and..."[B]arns, storage buildings,...that conform to the yard requirements'for principal buildings" are permitted uses. However, Code Section 280-13(B),provides that certain uses are permitted by special exception approval by the Board of Appeals,(ZBA) and are also,subject to site plan approval by the Planning Board; including stables and riding academies [Code §280-13(B)(12)]. Furthermore, Code Article XXIV Site Plan §280-127 (Applicability) provides that except for single-family homes and customary nonagricultural accessory uses to single-family,homes, every land use that is permitted in the Town must submit to site plan approval. _ As discussed with the Town in prior AML,§305-a reviews, the use of land,for agricultural purposes_and the construction of on-farm buildings as part of a farm operation in a county adopted State certified agricultural district, should not, generally, require',site plan review, special use permits or be subjected to nonconforming use requirements. Agricultural uses-and the construction of on-farm buildings as part of a farm operation should be.permitted uses when the farm operation is located within an agricultural district.' Therefore, absent any'showing of an overriding local concern, an exemption from Special Exception Permit requirements should be provided:to,farm operations located within an agricultural district. The Department's Guidelines for Review of Local Zoning and Planning Laws (copy enclosed) discusses this topic in greater detail. However, because the owners of Showalter Farms, LLC, submitted to the,Town's Special,Exception Permit review, the Department will only comment on certain "conditions" placed within,the Special Exception Permit and their effect on the Farm. To require the Farm to amend its Special Exception permit for the construction of a riding Division of Land and Water Resources 1 10B Airline Dr.Albany,N.Y., 122351 518/457-37381 www.agriculture.ny.gov -- - -- - - ----------------------- - -- ------ ------------- -- -- ------ - -- - Honorable Scott Russell, Supervisor Planning Board Chair Wilcenski ZBA Chair Kanes-Weisman Town of Southold 3JPage arena would not unreasonably restrict the farm operation if the ZBA follows an expedited review process. Furthermore, to require the Farm to amend its site plan would not be unreasonably restrictive if the Planning Board follows the Department's recommended streamlined site plan review process outlined in the attached Guidelines for Review of Local Zoning and Planning Laws. MA's November 11, 2014 Special Exception Permit On November 10, 2014, the ZBA granted Showalter Farms, LLC a Special Exception Permit for a stable/riding academy in an R-40 and A/C Zoning District (Tax Parcel 108- 4.1.3 and 1.4) and approved the riding academy use on the 4.18 acre parcel. The ZBA indicated that the construction and use of structures would be determined by the Planning Board during its site plan review. The ZBA's Special Exception Permit contained ten conditions, which were also included in the Planning Board's December 15, 2014 approval of the Farm's site plan. The Department has the following comments on some of those conditions: 1. Item No. 2 requires an annual operating permit and inspection by a Building Inspector from the Building Department. Annual inspection of the Farm and farm buildings by the Building Inspector is unreasonably restrictive. Requiring farm operations to apply for annual operating permits would have a chilling effect on the business and its expansion; and, as such, is unreasonably restrictive. The Town of Southold administers the New York State Uniform Fire and Building Code within the town. Periodically, the-Department of State (DOS) issues Technical Bulletins on various aspects of the State Code and its administration. Attached are two Technical Bulletins issued by the Department of State, Codes Division that are applicable to this review as well as the ZBA's permit condition number 2. The first Technical Bulletin (dated July 3, 2007), Periodic Inspections of Agricultural Buildings, exempts "agricultural buildings"from such inspections. The second Technical Bulletin, (dated January,1, 2003), Agricultural building vs Horse riding arena, identifies commonly found structures on a horse boarding facility and declares such buildings to be agricultural buildings; except a horse riding arena. Riding arenas are classified under the Uniform Code as U or A-3 structures, depending upon the size of the structure and its accessibility by the public. Farms routinely appear before the DOS Regional Review Board to seek variances for size limitations and sprinkler requirements. Although riding arenas must comply with the Uniform Code, for Division of Land and Water Resources 10B Airline Dr Albany, N.Y., 122351 518/457-37381 www.agriculture.ny.gov Honorable Scott Russell, Supervisor Planning Board Chair Wilcenski ZBA Chair Kanes-Weisman Town of Southold _41? a-g e zoning purposes, they should be considered agricultural structures and part of a farm operation. The Town already has the right to inspect the encumbered portion of the Farm for compliance pursuant to provisions contained within the easement and to inspect the 4.13 acre portion for compliance with the approved site plan. In the Department's view, to require the Farm to be subject to an annual inspection of the agricultural buildings and apply for an annual operating permit is unreasonably restrictive in possible violation of AML §305-a(1). 2. Requiring manure to be stored 150 feet from any property line may be unreasonably restrictive. Roll-off containers are frequently used by farms to hold manure and bedding until it is full and removed from the premises or spread on the farm. Such containers are also frequently located adjacent to a barn. The Suffolk County Soil and Water Conservation District (SWCD) has designed permanent manure storage facilities that prevent groundwater contamination and are used to store and/or compost a farm's waste products. The Farm may want to contact the SWCD or Cornell Cooperative Extension (CCE) to develop a manure management plan for the Farm. This plan may identify optimal location(s) for roll-off containers and/or the construction of a permanent composting facility. The plan may also address the use or removal of the manure/bedding as discussed in item No. 4, below. If the best location(s) for manure/bedding handling facilities do not meet the 150 foot setback requirement, the Farm must apply to the Town for an area variance prior to coming to the Department for review under AML §305-a(1). 3. Condition Number 5 states that ingress/egress is prohibited through Noah's Path, a/k/a Theresa Lane, except for emergency access by emergency personnel only. Please see discussion below regarding Planning Board site plan review. 4. Requiring the removal of horse manure every two days is excessive and unreasonable. The Farm should amend its USDA grazing plan to reflect a longer residency time on the farm for manure. As previously stated, the SWCD or CCE may be contacted to develop a manure management plan for the Farm. Once developed, it should be provided to the Land Preservation Committee for review. If approved, the ZBA should amend its permit condition on manure storage/removal to reflect the Committee's action(s). If the amendment is not approved, the Department may examine the reasons for denial to determine if the public health or safety is threatened by having the manure/bedding reside on the property for more than two days. Division of Land and Water Resources I 10B Airline Dr Albany,N Y, 122351 518/457-37381 www agriculture ny gov ---------- -Honorable Scott Russell, Supervisor_ Planning Board Chair Wilcenski ZBA Chair Kanes-Weisman Town of Southold 4Page zoning purposes, they should be considered agricultural structures and part of a farm operation. The Town already has the right to inspect the encumbered portion of the Farm for compliance pursuant to provisions contained within the easement and to inspect the 4.13 acre portion for compliance with the approved site plan. In the Department's view, to require the Farm to be subject to an annual inspection of the agricultural buildings and apply for an annual operating permit is unreasonably restrictive in possible violation of AML §305-a(1). 2. Requiring manure to be stored 150 feet from any property line may be unreasonably restrictive. Roll-off containers are frequently used bylarms to hold manure and bedding until it is full and removed from the premises or spread on the farm. Such containers are also frequently located adjacent to a barn. The Suffolk County Soil and Water Conservation District (SWCD) has designed permanent manure storage facilities that prevent groundwater contamination and are used to store and/or compost a farm's waste products. The-Farm may want to contact the SWCD or Cornell Cooperative Extension (CCE) to develop a manure management plan for the Farm. This plan may identify optimal locations) for roll-off containers and/or the construction of a permanent composting facility. The plan may also address the use or removal of the manure/bedding as discussed in item No. 4, below. If the best location(s) for manure/bedding handling facilities do not meet the 150 foot setback requirement, the Farm must apply to the Town for an area variance prior to coming to the Department for review under AML §305-a(1). 3. Condition Number 5 states that ingress/egress is prohibited through Noah's Path, a/k/a-Theresa Lane, except for emergency access by emergency personnel only. Please see discussion below regarding Planning Board site plan review. 4. -Requiring the removal-of horse manure every'two days is excessive and unreasonable. The Farm`should amend its USDA grazing plan to reflect a longer residency time on the farm for manure. As previously stated, the SWCD or CCE may be contacted to develop a'manure management plan for the Farm. Once developed, it should be provided to`the Land Preservation Committee for review. If approved, the ZBA should amend its permit condition on manure storage/removal to reflect the Committee's action(s). If the amendment is not approved, the Department may examine.the reasons for denial to determine-if the public health or safety is threatened by having the manure/bedding reside on the property for more than two days. Division of Land and Water Resources 1013 Airline Dr.Albany,N.Y., 122351 518/457-37381 www.agriculture.ny.gov i 7-77-7 Honorable Scott Russell, Supervisor Planning Board Chair Wilcenski- ZBA Chair Kanes-Weisman Town of Southold 5 -Page - _-- 5. The Showalters' May 15, 2015 letter to the Department stated that they would like to construct an in-door riding arena on the 4.13 acre parcel to support the Farm's boarding/training activities. Having a riding arena on the farm is advantageous to the farm operation for many reasons, including: it will accommodate horses and riders during inclement weather; help market the services of the farm to attract new clients; and be consistent with offerings provided by other horse training and boarding farms. Condition Number 10 requires the Farm to submit a new application for a Special Exception Permit prior to the construction of an indoor riding ring. As discussed above, an expedited amendment to the Farm's existing Special Exception Permit would not, in the Department's view, be unreasonably restrictive. The Farm should, however, also amend its site plan to show the location of the indoor riding arena. Restriction and Conditions Placed on Showalter Farms, LLC Including the Covenant and Restriction limiting the,use-of Noah's Path._ The Planning Board approved the site plan for the Farm on December 16, 2014, incorporating the same conditions as the Special Exception Permit. The Department's above comments on the conditions also apply to the same conditions placed on the approved site plan. The Showalters requested the Department's examination of limitations placed upon their use of Noah's Path. Based on information received, the Showalters signed a Covenant and Restriction, dated December 14, 2014, on the use of Noah's Path. The executed document expressly limits ingress and egress to/from the Showalter property by way of Noah's Path to emergency access by emergency personnel only. Since Noah's Path potentially intersects land under easement, the Department will not comment on the appropriateness of the executed Covenant and Restriction. Expedited Special Exception and Site Plan Review Process The Department has found that in this instance, requiring site plan approval is reasonable as long as the review is expedited, not costly and follows guidance provided in the Department's Guidelines for Review of Local Zoning and Planning Laws. The Department has suggested that the Showalters seek an amendment to their Special Exception Permit and approved site plan for the construction of an indoor riding arena, and will follow the Town's progress in approving same. Division of Land and Water Resources I 10B Airline Dr.Albany,N.Y., 122351 518/457-37381www.agriculture.ny.gov f Honorable Scott Russell, Supervisor Planning Board Chair Wilcenski ZBA Chair Kanes-Weisman Town of Southold 6 1 Page Increasing the Number of Horses of Showalter Farms, LLC from 30 to 50 or 55 In a letter dated January 8, 2014 from Melissa Spiro to Chris and Joanne Showalter, Ms. Spiro indicated that the Town's Land Preservation Committee approved the use of the easement encumbered property for the boarding, breeding, raising and training of approximately 30 horses in accordance with the farm's November 21, 2013 Horse Farm Grazing and Pasture Management Plan. The Committee also approved physical improvements to the property including the construction of 4 separate stables (12 stalls), a courtyard, paddocks, training area, installation of electric and water, and a manure dump trailer on the easement held parcel. According to the restrictions contained within the easement, activities associated with a riding academy are not permitted on the easement held parcel. As stated above, the Department does not interpret easement language unless the Town's Zoning Code is applied to land under an easement. Ms. Showalter indicates that the Farm would like to board approximately 50 to 55 horses on the property, which is supported by a revised USDA Natural Resources Conservation Service's grazing plan, dated February 20, 2015. Since the revised grazing and pasture management plan differs from what was previously approved by the Town of Southold's Land Preservation Committee, the Farm should request the Committee's review of the revised USDA grazing plan as applied to that portion of land that is encumbered by a conservation easement. For the reasons set forth above, the Town of Southold's Zoning Code, which requires Showalter Farms, LLC to operate subject to a Special Exception permit which includes conditions that the Farm operate under an annual permit, and that the Building Inspector inspect all buildings annually, unreasonably restricts the farm operation in possible violation of AML § 305-a (1). An expedited, streamlined review by the ZBA and the Planning Board to amend Showalter Farms, LLC's Special Exception permit and site plan (to show the location of the indoor riding arena) respectively, would not be unreasonably restrictive. Further, requiring the submission of the revised USDA NRCS grazing plan to the Town's Land Preservation Committee for review to-increase the number of horses on the property, is not unreasonably restrictive. The Department would like to hear from the Town, ZBA and Planning Board on the issues raised. If the Town, ZBA or Planning Board believe that the public health or safety is threatened by the farm operation's proposed indoor riding arena, or the issues raised above, please provide us with any documentation and other evidence you may have to that effect. We request that you respond in writing within 30 days of receipt of this letter. The Department will consider the Town's, ZBA's and Planning Board's Division of Land and Water Resources 1 10B Airline Dr.Albany, N.Y., 122351 518/457-37381 www.agnculture ny.gov Honorable Scott Russell, Supervisor Planning Board Chair Wilcenski ZBA Chair Kanes-Weisman Town of Southold 6Page Increasing the Number of Horses of Showalter Farms, LLC from 30 to 50 or 55 In a letter dated January 8, 2014 from Melissa Spiro to Chris and Joanne Showalter, Ms. Spiro indicatedthat the Town's Land Preservation Committee approved the use of the easement encumbered property for the boarding, breeding, raising and training of approximately 30 horses in accordance with the farm's November 21, 2013 Horse Farm Grazing and Pasture Management Plan. The Committee also approved physical improvements to the property including the construction of 4 separate stables (12 stalls), a courtyard, paddocks, training area, installation of electric and water, and a manure dump trailer on the easement held parcel. According to the restrictions contained within the easement, activities associated with a riding academy are not permitted on the easement held parcel. As stated above, the Department does not interpret easement language unless the Town's Zoning Code is applied to land under an easement. - Ms. Showalter indicates that the Farm would like to board approximately 50 to 55 horses on the property, which is supported by a revised USDA Natural Resources Conservation Service's grazing plan, dated February 20, 2015. Since the revised grazing"and pasture management plan differs from what was previously approved by the Town of Southold's Land Preservation Committee, the Farm should request the Committee's review of the revised USDA grazing plan as applied to that portion of land that"is encumbered by a conservation easement. Foi-the reasons set forth above, the Town of Southold's Zoning Code, which requites Showalter Farms, LLC'to operate subject to a Special Exception permit which includes conditions that the Farin operate under an annual permit, and that the Building Inspector inspect'all buildings annually, unreasonably restricts the farm operation in possible violation of AML § 305-a (11. An expedited, streamlined review by the ZBA and the Planning Board to amend Showalter Farms, LLC's Special Exception permit and site plan (to show the location of-the indoor riding arena) respectively, would'not be unreasonably restrictive. Further, requiring the submission of the revised USDA NRCS grazing plan to the Town's Land Preservation Committee for review to increase the number of horses on"the property, is not unreasonably restrictive. The Department would like to hear from'the Town, ZBA and Planning Board on the issues raised. 'If the Town, ZBA or Plarihing Board believe that the public health or safety is threatened by the farm operation's proposed indoor riding arena, or the issues raised above, please provide us with any documentation and other evidence you may have to that effect. We request that you respond in writing within 30 days of receipt of this letter. The Department will consider the Town's, ZBA's and Planning Board's Division of Land and Water Resources 1 10B Airline Dr.Albany,N Y., 122351518/457-3738 1 www.agriculture.ny.gov Honorable Scott Russell, Supervisor Planning Board Chair Wilcenski ZBA Chair Kanes-Weisman Town of Southold 7_1 Page responses in evaluating-whether the local law and its administration are in compliance with §305-a (1). The Department would like to work with the Town, ZBA and Planning Board to resolve the concerns identified above regarding the local law and AML § 305-a. I may be contacted at (518) 457-3738 concerning the agricultural issues identified. If the Town Attorney has questions, he may contact Danielle Cordier, Senior Attorney, at (518) 457- 2449. Sincerely, Michael Latham Director Enc. cc: Bill Duffy, Esq., Town Attorney Joanne Showalter, Showalter Farms, LLC Ken Schmitt, Chair, Suffolk County AFPB Robert Somers, Dept. of A&M Danielle Cordier, Esq., Counsel's Office, Dept. of A&M Division of Land and Water Resources 106 Airline Dr Albany, N Y, 12235 518/457-3738 vwwr agriculture ny gov Guidelines for Review of Local Laws Affecting- Commercial ffectingCommercial Horse Boarding Operations and Commercial Equine Operations In 2001 the Agriculture and Markets Law (AML) was amended to include commercial horse boarding operations in the definition of a "farm operation" under AML §301(11). This amendment recognized that commercial horse boarding operations are farm operations and as such should receive AML §305-a protection from unreasonably restrictive local laws. In 2011 AML §301(11) was amended to include commercial equine operations in the definition of a "farm operation." Under AML §301(11), "farm operation" means "...the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise, including a 'commercial horse boarding operation' as defined in subdivision thirteen of this section, a 'timber operation' as defined in subdivision fourteen of this section, 'compost, mulch or other biomass crops' as defined in subdivision sixteen of this section and 'commercial equine operation' as defined in subdivision seventeen of this section. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous, to each other." AML §301(13) defines the term "commercial horse boarding operation" as "...an agricultural enterprise, consisting of at least seven acres and boarding at least ten horses, regardless of ownership, that receives ten thousand dollars or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production. Under no circumstances shall this subdivision be construed to include operations whose primary on site function is horse racing. Notwithstanding any other provision of this subdivision, a commercial horse boarding operation that is proposed or in its first or second year of operation may qualify as a farm operation if it is an agricultural enterprise, consisting of at least seven acres, and boarding at least ten horses, regardless of ownership, by the end of the first year of operation." AML §301(17) defines the term "commercial equine operation" as "...an agricultural enterprise, consisting of at least seven acres and stabling at least ten horses, regardless of ownership, that receives ten thousand dollars of more in gross receipts annually from fees generated through the provision of commercial equine activities including, but not limited to riding lessons, trail riding activities or training of horses or through the production for sale of crops, livestock, and livestock products, or through both the provision of such commercial equine activities and such production. Under no circumstances shall this subdivision be construed to include operations whose primary on site function;is horse racing. Notwithstanding any other provision of this subdivision, an agricultural enterprise that is proposed or in its first or second year of operation may qualify as a commercial equine operation if it consists of at least seven acres and stables at least ten horses, regardless of ownership, by the end of the first year of operation." The'Department has consistently viewed the raising, breeding, boarding and sale of horses as a "farm operation" under AML §301(11). A•"commercial horse boarding operation" provides care, housing, health related services and training to animals kept on the premises or on other properties owned or leased by the farm operator. Riding and training activities that are directly related to and incidental to the boarding and raising of horses, including riding lessons for persons who own or have a long-term lease (six months or longer) from the farm owner for the horse that is boarded at the farm and used for such activities; are part of a "commercial horse boarding" farm operation. Horse shows for horses either boarded at or owned by the farm operation, which are not open to the general public, are also part of the farm operation. 1/18/12 r With the addition of"commercial equine operations" to the AML, riding academies and other types of commercial equine operations are eligible for protection as farm operations for purposes of AML §305-a. A riding academy generally offers riding lessons to the public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding. Eligibility for AML §305-a protection is extended to not only horse training, but also to trail riding, riding lessons, and other commercial equine activities, regardless of whether the client is boarding a horse at the farm. In general, the construction of on-farm buildings and the use of land for agricultural purposes should not require site plan review, special use permits or be subjected to non- conforming use requirements when located in a county adopted, State certified agricultural district. The purpose of an agricultural district is to encourage the development and improvement of agricultural land and the use of agricultural land for the production of food and other agricultural products is recognized by the New York State Constitution, Article XIV, Section 4. Therefore, generally, agricultural uses and the construction of on-farm buildings as part of a farm operation should be permitted uses when the farm operation is located within an agricultural district. The application of site plan and special permit requirements to farm operations can have significant adverse impacts on such operations. Site plan and special permit review, depending upon the specific requirements in a local law, can be expensive due to the need to retain professional assistance to certify plans or simply to prepare the type of detailed plans required by the law. The lengthy approval process in some local laws can be burdensome, especially considering a farm's need to undertake management and production practices in a timely and efficient manner. Site plan and special permit fees can be especially costly for start-up farm operations. Therefore, absent any showing of an overriding local concern, generally, an exemption from site plan and special use permit requirements should be provided to farm operations located within an agricultural district. However, as discussed in more detail in the Department's Guidelines for Review of Local Zoning and Planning Laws, the Department recognizes the desire of some local governments to have an opportunity to review agricultural development and projects ,within their borders. Therefore, the Department developed a;model streamlined site plan review process which attempts to respond to farmers' concerns while ensuring that local issues are examined. Generally, farmers should exhaust their local administrative remedies and seek, for example, certain permits, exemptions available under local law or area variances before the Department reviews the ' administration of a local law. However, an administrative requirement/process may, itself, be unreasonably restrictive. The Department ,evaluates the reasonableness of the specific requirement/process, as well as the substantive requirements imposed on the farm operation. The Department has found local laws which regulate the health and safety aspects of the construction of farm buildings through provisions to meet local building codes or the State Uniform Fire Prevention and Building Code ("Uniform Code") [unless exempt from the Uniform Code under Building Code §101.2(2) and Fire Code §102.1(5)] and Health Department requirements for potable water and sewage disposal not to be unreasonably restrictive. Requirements for local building permits and certificates of occupancy to ensure that health and safety requirements are met are also generally not unreasonably restrictive. The following are some specific matters that the Department considers when reviewing a local law that affects commercial horse boarding/equine operations': ' Please see Guidelines for Review of Local Zoning and Planning Laws for further general discussion of each of these issues. 1/18/12 With the addition of"commercial equine_ operations'_' to the AML, riding academies and other ---------- -- .. - - -- - - --- -- - -- -- - -- -- - - --types of Commercial equine operations are eligible for protection as farm operations for purposes of AML §305-a. A riding academy generally offers riding lessons to the public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding. Eligibility for AML §305-a protection is extended to not only horse training, but also to trail riding, riding lessons, and other commercial equine activities, regardless of whether the client is boarding a horse at the farm. In general, the construction of on-farm buildings and, the use of land for agricultural purposes should not require site plan review, special use permits or be subjected to non- conforming use requirements when located in a county adopted, State certified agricultural district. The purpose of an agricultural district is to encourage the development and improvement of agricultural land and the use of agricultural land for the production of food and other agricultural products is recognized by the New York State Constitution, Article XIV, Section 4. Therefore, generally, agricultural uses and the construction of on-farm buildings as part of a farm operation should be permitted uses when the farm operation is located within an agricultural district. The application of site plan and special permit requirements to farm operations can have significant adverse impacts on such operations. Site plan and special permit review, depending upon the specific requirements in a local law, can be expensive due to the need to retain professional assistance to certify plans or simply to prepare the type of detailed plans required by the law. The lengthy approval process in some local laws can be burdensome, especially considering a farm's need to undertake management and production.practices in a.timely and efficient manner. Site plan and special permit fees can be especially costly-for start-upJarm operations. Therefore, absent any showing of an overriding local concern, generally, an exemption from site plan and special use permit requirements should be provided to farm operations located within an agricultural district. However, as discussed in more detail in the Department's Guidelines for Review of Local Zoning and Planning Laws, the Department recognizes the desire of some local governments to have an opportunity to review agricultural development and projects within their borders: Therefore, the Department developed a'model streamlined site plan review process which attempts to respond to farmers' concerns while ensuring that local issues are examined. Generally, farmers should exhaust their local administrative remedies and seek, for example, certain permits, exemptions available under local law or area variances before the Department reviews the administration 'of a local law. However, anadministrative requirement/process may, itself, be unreasonably restrictive. The Department evaluates the reasonableness of the specific requirement/process, as well as the substantive requirements imposed on the farm operation. The Department has found local laws which regulate the health and safety aspects of the construction of farm buildings through provisions to meet local building codes or the State Uniform Fire Prevention and Building Code ("Uniform Code") (unless exempt from the Uniform Code under Building Code §101.2(2) and Fire Code §102.1(5)] and Health Department requirements for potable water and sewage disposal not to be unreasonably restrictive. Requirements for local,building permits and certificates of occupancy to ensure that health and safety requirements are met are also generally not unreasonably restrictive. The following are some specific matters that the Department considers when reviewing a local law that affects commercial horse boarding/equine operations': ' Please see Guidelines for Review of Local Zoning and Planning Laws for further general discussion of each of these issues. 1/18/12 A. Minimum Lot Size The AML states that commercial horse boarding and commercial equine operations must be at least seven acres in size. A Town's limitation on the number of horses allowed per acre could be unreasonably restrictive. The Department considers, among other things, the impacts on a particular farm operation to determine if a density limitation is unreasonably restrictive. If pasture is to be used for sustenance, then one acre of pasture per horse is usually appropriate. If the area is to be used for a turn-out area, then five or more head may be carried on one acre of land. Many commercial horse boarding/equine operations are closed systems where they are conducted on smaller, acreage, feed is brought in and manure is exported off the farm. However, some horse farms,may landspread and/or compost manure on the farm (See Section of this guideline for further discussion on manure management). Horses are exercised in various arenas, indoor and outdoor, and rotated in small rectangular fenced areas (paddocks). B. Setbacks Minimum setbacks from front, back and side yards for farm buildings have not been viewed as unreasonable unless a setback distance is unusually long. Setbacks that coincide with those required for other similar structures have, in general, been viewed as reasonable. A farm operation's barns, storage buildings and other facilities may already be,located within a required setback, or the farm operation may need to locate new facilities within the setback to meet the farm operation's needs. Also, adjoining land may consist of vacant land, woodland or farmland. The establishment of unreasonable setback distances increases the cost of doing business for farmers because the infrastructure needed to support the operation (e.g., water supply, utilities and farm roads) is often already located within, and adjacent to, the farmstead area or existing farm structures. Setbacks can also increase the cost of, or make it impracticable to construct new structures for the farm operation. Requiring setbacks from property lines for riding trails may be unreasonably restrictive. If riding trails are located in or adjacent to fields that are used for the production of hay or other field crops, a minimum setback from a property line would take land out of production. In such instances, the trail would generally be located closer to the property line to reduce the amount of land taken out of production and reduce the amount of operating costs and time necessary to maintain a swath of.unusable land established by a setback. C. Screening Some local laws require a landowner to screen an agricultural activity from `adjacent non- agricultural uses. The Department has previously determined that a requirement to screen agricultural activities from,adjoining non-agricultural uses is unreasonably restrictive. While aesthetics are an appropriate and important consideration under zoning and planning laws, the purpose of the Agricultural Districts Law is to conserve and protect agricultural lands by promoting the retention of farmland in active agricultural use. Screening requirements suggest that agricultural uses are objectionable or different from other forms of land uses that do not have to be screened. Farmers should not be required to bear the extra costs to provide screening unless it is required to address a threat to the public health or safety. D. Event Permits Local laws that require a special permit to hold public events, shows; rodeo's, competitive events, etc. are, in general, not unreasonably restrictive when the event involves the general 1/18/12 public and not just those individuals who board their horses on the farm or are long-term training clients (three months or longer) of a commercial equine operation. If the event is limited to individuals, and a reasonable number of family and friends, who board their horses on the farm, or are long-term training clients of the farm who train on horses owned by the farm or on horses that the clients bring on to the farm, a special permit should not be required. E. Sign Limitations The administration of local law provisions which regulate signs may unreasonably restrict a commercial horse boarding/equine farm operation. Such farm operations may need to use signs to advertise the name of the farm and the services it offers. Paddocks and barns may not be visible from the road and therefore the farm may need to use an adequately sized on- premises sign or locate a sign(s) at off-premises locations. Whether or not a limitation on the size and/or number of signs that may be used to advertise a commercial horse boarding/equine operation is unreasonably restrictive depends primarily on the location of the operation. An operation located on a principally traveled road probably will not need as many signs as one which is located on a less traveled road and may need directional signs to direct the public to the premises. F. Farm Worker Housing Farm worker housing, including mobile homes (also known as "manufactured homes"), is an integral part of numerous farm operations. Farmers often provide on-farm housing for their farm laborers to, among other things, accommodate the long workday, meet seasonal housing needs and address the shortage of nearby rental housing in rural areas. Generally, in evaluating the use of farm labor housing under§305-a, the Department considers whether the housing is used for seasonal and/or full-time employees and their families; is provided by the farm operator (irrespective of whether the operator owns or rents the farm for the production of agricultural products); and whether the employee to be housed is engaged in the production function(s) of the farm operation and is not a partner or owner of the farm operation. The Department does not consider the primary residence of the owner or partner of the farm operation to be protected under §305-a. For further discussion see the Department's Guidelines for Review of Local Laws Affecting Farm Worker Housing. G. Noise Some local laws have established maximum permitted sound pressure levels. For example, one local law prohibited noise from exceeding a maximum decibel level, which was reduced by six decibels for lots within two hundred feet of a residence district. Such noise provisions may unreasonably restrict farm operations within an agricultural district. According to an article written by David E. Baker entitled Noise: The Invisible Hazard (University Extension, University of Missouri-Columbia, published October 1993), a chain saw has a decibel level of 120 and tractors, farm equipment and power saws have a decibel level of 100. Inside an acoustically insulated tractor cab, the decibel level is 85. This type of equipment is commonly used along and/or near property boundaries and may,exceed maximum decibel levels allowed by a local law. H. Smoke, Dust Local laws may regulate smoke and other particulate matter. Such laws often prohibit measurable emission of dust or other particulate matter. These provisions may unreasonably restrict farm operations. Some measure of dust usually occurs with the tillage of land and may not subside until the area is populated with crops: Furthermore, horse operations may, from 1/18/12 public and not just those individuals who board their horses on the farm or are long-term training clients (three months or longer) of a commercial equine operation. If the event is limited to - - ------------------ -- - - --- ----- - - - - - - -- - - ------------ individuals, and a reasonable number of family and friends, who board their horses on the farm, or are long-term training clients of the farm who train on horses owned by the farm or on horses that the clients bring on to the farm, a special permit should not be required. E. Sign Limitations The administration of local law provisions which regulate signs may unreasonably restrict a commercial horse boarding/equine farm operation. Such farm operations may need to use signs to advertise the name of the farm and the services it offers. Paddocks and barns may not be visible from the road and therefore the farm may need to use an adequately sized on- premises sign or locate a sign(s) at off-premises locations. Whether or not a limitation on the size and/or number of signs that may be used to advertise a commercial horse boarding/equine operation is unreasonably restrictive depends primarily on the location of the operation. An operation located on a principally traveled road probably will not need as many signs as one which is located on a less traveled road and may need directional signs to direct the public to the premises. F. Farm Worker Housing Farm worker housing, including mobile homes (also known as "manufactured homes"), is an integral part of numerous farm operations. Farmers often provide on-farm housing for their farm laborers to, among other.things,-accommodate the long workday, meet seasonal housing needs and address the shortage of nearby rental housing in rural areas. Generally, in evaluating the use of farm labor housing•under§305-a, the Department considers whether the housing is used for seasonal and/or full-time employees and their families; is provided by the farm operator (irrespective of whether the operator owns or rents the farm for the production of agricultural products); and whether the employee to be housed is engaged in the production function(s) of the farm operation and is not a partner or owner of the farm operation. The Department does not consider the primary residence of the owner or partner of the farm operation to be protected under §305-a. For further discussion see the Department's Guidelines for Review of Local Laws Affecting Farm Worker Housing. G. Noise Some local laws have established maximum permitted sound pressure levels. For example, one local law prohibited noise from exceeding a maximum decibel level, which was reduced by six decibels for lots within two hundred feet of a residence district. Such noise provisions may unreasonably -restrict farm operations:within an agricultural district. According to an article written by David E. Baker entitled Noise: The Invisible Hazard(University Extension, University of Missouri-Columbia, published October 1993), a chain saw has a decibel level of 120 and tractors, farm equipment and power saws have a decibel level of 100. Inside an acoustically insulated tractor cab, the decibel level is 85. This type of equipment is commonly used along and/or near property boundaries and may exceed maximum decibel levels allowed by a local law. H. Smoke, Dust Local laws may regulate smoke and other particulate matter. Such laws often prohibit measurable emission of dust or other particulate matter. These provisions may unreasonably restrict farm operations. Some measure of dust usually occurs with the tillage of land and may not subside until the area is populated with crops. Furthermore, horse operations may, from 1/18/12 time to time, have bare spots within fields that could be a cause for airborne particulate matter and dust. Horses and other livestock may roll or dig up the turf. Dust may also occasionally come from paths used by livestock and from riding rings. Particulate matter may also become airborne from mowing and other field maintenance activities. Further, the regular operations of a farm typically involve the removal of trees and brush during field clearing and maintenance; the removal or trimming of diseased fruit canes, vines, and trees; and the removal of vegetative material from cultivated wetlands, among other things. These materials are often disposed of on the farm by open burning. On-farm open burning is considered by the Department to be a practice that is part of a "farm operation" and thus protected from unreasonable local restriction. Open burning is regulated by the Department of Environmental Conservation (DEC). Local laws should allow open burning consistent with the DEC's regulations and/or guidance. For further ; discussion see the Department's Guidelines for Review of Local Laws Affecting On-Farm Open Burning. I. Nutrient Management Nutrient Management Practices are an essential component of any farm operation and are protected under AML §305-a from unreasonable local restrictions. Traditionally, farm operators use animal waste as a main source of nutrients for crop production. Many commercial horse boarding/equine operations may not have enough land for crop production or may have excess horse manure. Generally, manure from commercial horse boarding/equine operations is either composted and spread on fields or stored and removed off-site. In general, the Department believes that any local waste management laws should provide exemptions to allow the land application, storage, and/or composting of animal waste, for agricultural purposes on farm operations within a county adopted, State certified agricultural district. The DEC regulates most types of solid wastes pursuant to 6 NYCRR Part 360, but exempts animal waste from this regulation. The Department considers the standards and permitting requirements under the DEC's regulations in evaluating whether restrictions on agricultural land use and nutrient management practices are unreasonably restrictive in violation of AML §305-a. For further discussion see the Department's Guideline's for Review of Local Laws Affecting Nutrient Management Practices. i Agricultural wastes and by-products, including manure, must be utilized or disposed of in an environmentally safe manner. It is the Department's view that it is not unreasonably restrictive for a local government to require that ;a commercial horse boarding/equine operation submit;a E plan that describes how its manure will either be used or removed from the farm (e.g. by a landspreading, composting, or periodic removal). Manure should not be stored and remain on the farm for a period in excess of one year., The composting of such agricultural waste isi a preferred method because it is recycled and utilized as a soil amendment to enhance plant growth for both crop production and off-farm uses (e.g. landscaping, home gardens, etc.). Agriculture and Markets Law §305-a .(1) protects the on-farm composting of these materials when the composting is part of the agricultural production function of the farm, that is, the farm composts to rid the farm of its excess.agricultural waste or the farm composts to create a soil amendment for crop production. For further discussion please refer to the Department's Guidelines for Review of Local Laws Affecting On-Farm Composting Facilities. J. Odor Some local laws prohibit any land use which emits any discernible odor outside the building I in which the use is conducted or beyond the lot line of the property. Livestock operations emit odors associated with the animals themselves, the feed, and livestock manure. The amount of odor that can be tolerated by an individual varies and quantities discernible to one person may 1/18/12 not be to another. The actual odor regulation and its administration would have to be examined to determine whether or not a farm is unreasonably restricted. K. Animal Control Generally, farmers are responsible for the care, safety and confinement of livestock in their charge. Farm operations must provide adequate fencing and gates to confine livestock in a safe and reasonable manner. The public needs to be protected from livestock that may cause bodily harm and/or property damage if the animals venture off the farm. -Therefore, local animal control laws that require livestock to be confined and not "run at large" without restraint, confinement or supervision, are reasonable and' help to protect public health and safety. Local governments should be aware that commercial horse boarding/equine farms may need to install fences with a height greater than may be allowed under a local law (e.g., certain horses may not be adequately confined by a maximum three or four feet fence). For further discussion please refer to the Department's Guidelines for Review of Local Laws Affecting the Control of Farm Animals. 1/18/12 not be to another. The actual odor regulation and its administration would have to be examined to determine whether or not a farm is unreasonably restricted. K. Animal Control Generally, farmers are responsible for the care, safety and confinement of livestock in their charge. Farm operations must provide adequate fencing and gates to confine livestock in a safe and reasonable manner. The public needs to be protected from livestock that may cause bodily harm and/or property damage if the animals venture off the farm. Therefore, local animal control laws that require livestock to be confined and not "run at large" without restraint, confinement or supervision, are reasonable and help to protect public health and safety. Local governments should be aware that commercial horse boarding/equine farms may need to install fences with a height greater than may be allowed under a local law (e.g., certain horses may not be adequately confined by a maximum three or four feet fence). For further discussion please refer to the Department's Guidelines for Review of Local Laws Affecting the Control of Farm Animals. 1/18/12 Guidelines for Review of Local Zoning and Planning Laws Background and Objective As communities adopt or amend zoning regulations, potential conflicts between farm operations and local land use controls may increase. This, coupled with continuing exurban development pressures on many of the State's agricultural communities, _ increases the need to better coordinate local planning and the agricultural districts program, and to develop guidelines to help address conflicts which may occur. Proactively, guidelines can aid in crafting zoning regulations by municipalities with significant farming activities. Zoning and Farm Operations: Practical Limitations and Problems Farms are host to several discrete but interdependent land uses which may include barns, commodity sheds, farm worker housing, garages, direct farm markets, silos, manure storage facilities, milking parlors, stables, poultry houses and greenhouses, to name•but a few. The typical zoning regulation, in addition to establishing minimum lot sizes and separations between uses, often prohibits more than one "principal" structure on each parcel of record. Many zoning devices, then, are unable to distinguish between on-farm structures as part of a farm operation from the same building when it is used for an independent, freestanding use. The minimum separation and "yard" requirements of zoning are designed to avoid over concentration, maintain adequate spaces for light and air, and to reduce fire hazard in more urban environments. The application of such requirements to suburban and rural communities and farm operations often results in the unintended regulation of farm operations and uses not as an integrated whole, but as separate improvements. The rapidly changing nature of the agricultural industry does not always allow zoning and the comprehensive planning process to keep pace. This can result in the , application of outdated regulations to contemporary land uses and gives rise to potentially unreasonable restrictions. Local governments may run afoul of the letter and intent-of the Agricultural Districts Law by limiting the type and intensity of agricultural uses in their communities and by narrowly defining "farm" or "agricultural activity." This is sometimes problematic even in municipalities with a significant base of large, "Production" level farming operations. Inadequately defined terms also give rise to ! conflict between the zoning device and farm operations. Because of the inherent nature of zoning, there is essentially no discrete administrative authority to waive its standards, even when those standards are at variance with the community's land use policy and what may be deemed its "intent." A municipal zoning board of appeals may, consistent with specific tests found in Town, Village and City Law, vary the use and area standards of a zoning regulation, and reverse or affirm determinations of the zoning administrative official. Such a remedy: i.e., an area or use variance, may, however, in and of itself be considered "unreasonably restrictive" if it is the only means available to establish, expand or improve • a "farm operation" in a county adopted, State certified 'agricultural district. These and other limitations and problems that can lead to AML §305-a violations may be avoided in the first instance by sound comprehensive planning. The Town Law, 1/26/10 1 Village Law, General City Law and the Agricultural Districts Law are designed to encourage coordination of local planning and land use decision making with the agricultural districts program. Agricultural Districts and County Agricultural and Farmland Protection Plans: Their Influence on the Municipal Comprehensive Plan and the Zoning Process 11 The preparation, adoption and administration of a municipal comprehensive plan and zoning regulation are not independent actions of local government, but should be part of a well thought out, seamless process. A zoning regulation is, in the final analysis, simply a device to implement the community plan and, in fact, "... must be in accordance with a comprehensive plan... " [Town Law§272-a (11)(a)] The State Legislature has codified the intent, definition and content of the comprehensive plan (Town Law §272-a, Village Law §7-722 and General City Law §28- a). In so doing, the Legislature has given significant status to "agricultural uses" in general, and State certified agricultural districts and county agricultural and farmland protection plans created under Agriculture and Markets Law Articles 25-AA and 25-AAA in particular. Town Law §272-a (9) requires agricultural review and coordination with the comprehensive planning process: "A town comprehensive plan'and any amendments thereto, for a town containing all or part of an agricultural district or lands receiving agricultural assessments within its jurisdiction, shall continue to be'subject to the provisions of article twenty-five-AA of the agriculture and markets law relating to the enactment and administration of local laws, ordinances, rules or regulations. A newly adopted or amended town comprehensive plan shall take into consideration applicable county agricultural and farmland protection plans as created under article twenty-five-AAA of the agriculture and markets law." (The same language is found in Village Law and General City Law.) Thus, the statutory influence the Agricultural Districts Law and the Agricultural and Farmland Protection programs have on the comprehensive planning process and zoning regulations is significant. ;State certified agricultural districts and county agricultural and farmland protection plans are community shaping influences in much the same way as existing and proposed infrastructure; wetlands, floodplains, topographical features; cultural, historic and social amenities; economic needs; etc. are viewed. The Agricultural Districts Law is a valuable planning tool to conserve, protect and encourage the development and improvement of the agricultural economy; protect agricultural bands as valued natural and ecological resources; and preserve open space. In addition to AML §305-a, limitations on local authority in Town Law §283-a and Village Law §7-739 were enacted to ensure that agricultural interests are taken into consideration during the 'review{of specific land use proposals. Town Law §283-a (1) and Village Law §7-739(1), as recently amended by Chapter 331 of the Laws of 2002, require local governments to "..!exercise their powers to enact local laws, ordinances, rules or regulations that apply to farm operations in an agricultural district in a manner which does not unreasonably restrict or regulate farm operations in contravention of the purposes of article twenty-five-AA of the agriculture and markets law, unless it can be shown that the public health or safety is threatened." The recent amendments make the Town and Village Law provisions consistent with AML §305-a regarding showing,a threat I � 1/26/10 2 Village Law, _General._City._Lawand--the-Agricultural Districts_ Law are. designed. to encourage coordination of local planning and land use decision making with the agricultural districts program. Agricultural Districts and County Agricultural and Farmland Protection Plans: Their Influence on the Municipal Comprehensive Plan and the Zoning Process The preparation, adoption and administration of a municipal comprehensive plan and zoning regulation are not independent actions of local government, but should be part of a well thought out, seamless process. A zoning regulation is, in the final analysis, simply a device to implement the community plan and, in fact, "... must be in accordance with a comprehensive plan... " [Town Law§272-a (11)(a)] The State Legislature has codified the intent, definition and content of the comprehensive plan (Town Law §272-a, Village Law §7-722 and General City Law §28- a). In so doing, the Legislature has given significant status to "agricultural uses" in general, and State certified agricultural districts and county agricultural and farmland protection plans created under Agriculture and Markets Law Articles 25-AA and 25-AAA in particular. Town Law§272-a (9) requires agricultural review and coordination with the comprehensive planning process: "A town comprehensive plan and any amendments thereto, for a town containing all or part of an agricultural,district or lands receiving agricultural assessments within its jurisdiction, shall continue to be subject to the provisions of article twenty-five-AA of the agriculture and markets law relating to the enactment and administration of local laws, ordinances, rules or regulations. A newly, adopted or amended town comprehensive plan shall take into consideration applicable county agricultural and farmlandprotection plans as created under article twenty-five-AAA of the agriculture and markets law." (The same language is found in Village Law and General City Law.) Thus, the statutory influence the Agricultural Districts Law and the Agricultural and Farmland Protection programs have on the comprehensive planning process and zoning regulations is significant. .State certified agricultural districts and county agricultural and farmland protection plans are community shaping influences in much the same way as existing and proposed infrastructure; wetlands, floodplains, .topographical features; cultural, historic and social amenities; economic needs; etc. are viewed. The Agricultural Districts Law is a valuable planning tool to conserve, protect and encourage the development and improvement of the agricultural economy; protect agricultural lands as valued natural and ecological resources; and preserve open space. In addition to AML §305-a, limitations on local authority in Town Law §283-a and Village Law. §7-739 were enacted to ensure that agricultural interests are taken into consideration during the 'review�of specific land use proposals. Town Law §283-a (1) and Village Law §7-739(1), as recently amended by Chapter 331 of the Laws of 2002, require local governments to "...exercise their powers to enact local laws, ordinances, rules or regulations that apply to farm operations in an agricultural district in a manner which does not unreasonably restrict or regulate farm operations in contravention of the purposes of article,twenty-five-AA of the agriculture and markets law, unless it can be shown that the public health or safety is threatened." The recent amendments make the Town and Village Law provisions consistent with AML §305-a regarding showing,a threat 1/26/10 2 to the public health or safety. AML §305-a, subd.1 is not a stand-alone requirement for coordination of local planning and land use decision making with the agricultural districts program. Rather, it is one that is fully integrated with the comprehensive planning, zoning and land use review process. Application of Local Laws to Farm Operations within Agricultural Districts In general, the construction of on-farm buildings and the use of land for agricultural purposes should not be subject to site plan review, special use permits or non- conforming use requirements when conducted ,in a county adopted, State 'certified agricultural district. The purpose of an agricultural district is to encourage the development and improvement of agricultural land and the use of agricultural land for the production of food and other agricultural products as recognized by the New York State Constitution, Article XIV, Section 4. Therefore, generally, agricultural uses and the construction of on-farm buildings as part of a farm operation should be allowed uses when the farm operation is located within an agricultural district. Town Law §274-b, subdivision 1 allows a town board to authorize a planning board or other designated administrative body to grant special use permits as set forth in a zoning ordinance or local law. "Special use permit" is defined as "...an authorization of a particular land use which is permitted in a zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such requirements are met." Agricultural uses in an agricultural district are , not, however, "special uses." They are constitutionally recognized land uses which are protected by AML §305-a, subd.1. Further, agricultural districts are created and reviewed locally through a process which includes public notice and hearing, much like zoning laws are adopted and amended. Therefore, absent any showing of an overriding local concern, generally, an exemption from special use permit requirements should be provided to farm operations located within an agricultural district. The application of site plan and special permit requirements to farm operatiions can have significant adverse, impacts on such operations. Site plan and ,special permit review, depending upon the specific requirements in a local law, can be'expensive due to the need to retain professional assistance to certify plans or simply to prepare the type of detailed plans required by the law. The lengthy approval process in some local laws can be burdensome, especially considering a farm's need to undertake management and production practices in a timely and efficient manner. Site plan and special permit fees can be especially costly for start-up farm operations. Generally, farmers should exhaust their local administrative remedies and seek, for example, permits, exemptions available under local law or area variances before the Department reviews the, administration of a local law. However, an' administrative requirement/process may, itself, be unreasonably restrictive. The Department evaluates the reasonableness of the specific requirement/process, as well as the substantive requirements imposed on the farm operation. The Department has found local laws which regulate the health and safety aspects of the construction of farm buildings through provisions to meet local building codes or the State Building Code.(unless exempt from the State Building Code') and Health Department requirements not to be unreasonably restrictive. , Requirements for local building permits and certificates of i A discussion of the'New York State Uniform Fire Prevention and Building Code follows below. 1/26/10 3 occupancy to ensure that,health and safety requirements are met are also generally not unreasonably restrictive. Site Plan Review for Farm Operations within an Agricultural District Many local governments share the Department's view that farm operations should not have to undergo site plan review and exempt farms from that requirement. However, the Department recognizes the desire of some local governments to have an opportunity to review farm operations and projects within their borders, as well as the need of farmers for an efficient, economical, and predictable process. In view of both interests, the Department developed a model streamlined site plan review process which attempts to respond to the farmers' concerns while ensuring the ability to have local land use issues examined. The process could be used to examine a parcel's current characteristics and its surroundings in relation to any proposed activities on the farm and their potential impact to neighboring properties and the community. For example, municipalities could specify that farm operations located within specific zoning districts must submit to site plan review. Municipalities may also elect to exempt farm operations, located within a county adopted, State certified agricultural district, from their site plan review process. The authorizing statutes for requiring site plan review are quite broad and under "home rule" muncipalities retain signicant flexibility in crafting specialized procedures (e.g., the selection of a reviewing board; uses which trigger submission of site plans; whether to have a public hearing and the length of time to review an application). Town Law §274-a and Village Law §7-725-a define a site plan as "a rendering, drawing, or sketch prepared to specifications and containing necessary elements as set forth in the applicable zoning ordinance or local law which shows the arrangement, layout and design of the proposed use of a single parcel of land... ." These sections of law further outline a list of potential site plan elements including parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses as well as additional elements. I Many municipalities have also added optional phases to the site plan review. While a preliminary conference, preliminary site plan review and public hearings may assist the applicant earlier in the review process and provide-the public an opportunity to respond to a project, they can result in a costly delay for the farmer. For the sake of simplicity, the model site plan process and the following guidance presume that the planning board is the reviewing authority. Site Plan Process The applicant for site plan review and approval shall submit the following: ' , 1) Sketch of the parcel on a location map (e.g., tax map) showing boundaries and dimensions of the parcel of land involved and identifying contiguous properties and any known easements or rights-of-way and roadways. , 1/26/10 4 occupancy to ensure_that_health and safety requirements are_met aa-also.-generally not____. unreasonably restrictive. Site Plan Review for Farm Operations within an Agricultural District Many local governments share the Department's view that farm operations should not have to undergo site plan review and exempt farms from that requirement. However, the Department recognizes the desire of some local governments to have an opportunity to review farm operations and projects within their borders, as well as the need of farmers for an efficient, economical, and predictable process. In view of both interests, the Department developed a model streamlined site plan review process which attempts to respond to the farmers' concerns while ensuring the ability to have local land use issues examined. The process could be used to examine a parcel's current characteristics and its surroundings in relation to any proposed activities on the farm and their potential impact to neighboring properties and the community. For example, municipalities could specify that farm operations located within specific zoning districts must submit to site plan review. Municipalities may also elect to exempt farm operations, located within a county adopted, State certified agricultural district, from their site plan review process. .The authorizing statutes for requiring site plan review are quite broad and under "home rule" muncipalities retain signicant flexibility in crafting specialized procedures (e.g., the selection of a reviewing board; uses which trigger submission of site plans; whether to have a public hearing and the length of time to review an application). Town Law §274-a and Village Law §7-725-a define a site plan as "a rendering, drawing, or sketch prepared to specifications and containing necessary elements as set forth in the applicable zoning ordinance-or local law which shows the arrangement, layout and design of the,proposed use of a single parcel of land... ." These sections of law further outline a' list of potential site plan elements including parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses as well as additional elements. Many municipalities have also added optional phases to the site plan review. While a,preliminary conference, preliminary site plan review and public hearings may assist the applicant earlier in the review process and provide the public an opportunity to respond to a project, they can result in a costly delay for the farmer. For the sake of simplicity, the model site plan process and the following guidance presume that the planning board is the reviewing authority. Site Plan Process The applicant for site plan review and approval shall submit the following: 1) Sketch of the parcel on a location map (e.g., tax map) showing boundaries and dimensions of the parcel of land involved and identifying contiguous properties and any known easements or rights-of-way and roadways. 1/26/10 4 Show the existing features of the site including land and water areas, water or sewer systems and the approximate location of all existing structures on or immediately adjacent to the site. 2) Show the proposed location and arrangement of buildings and uses on the site, including means of ingress and egress, parking and circulation of traffic. Show the proposed location and arrangement of specific land uses, such as pasture, crop fields, woodland, livestock containment areas,. or manure storage/manure composting sites. 3) Sketch of any proposed building, structure or sign, including exterior dimensions and elevations of front, side and rear views. Include copies of any available blueprints, plans or drawings. 4) Provide a description of the farm operation (existing and/or proposed) and a narrative of the intended use and/or location of proposed buildings, structures or signs, including any anticipated changes in the existing topography and natural features of the parcel to accommodate the changes. Include the name and address of the applicant and any professional advisors. If the applicant is not the owner of the property, provide authorization of the owner. 5) If any new structures are going to be located adjacent to a stream or wetland provide a copy of the floodplain map and wetland map that corresponds with the boundaries of the property. ; 6) Application form and fee (if required). If the municipality issues a permit for the structure, the Code Enforcement Officer (CEO) determines if the structures are subject to and comply with the local building code or New York State Uniform Fire Prevention and Building Code prior to issuing the permit. Similarly, the Zoning Enforcement Officer (or the CEO in certain municipalities) would ensure compliance with applicable zoning provisions. The Department urges local governments to take into account the size and nature of the particular agricultural activity, including the construction of farm buildings/structures i when setting and administering any:site plan requirements for farm operations. The review process, as outlined above, should generally not require professional assistance (e.g., architects,engineers or surveyors) to complete or review and should be completed relatively quickly.2 The Department understands, however, that in some cases, a public hearing and/or a more detailed review of the project which may include submission of a survey, architectural or engineering drawings or plans, etc., may be necessary. The degree of regulation that may be considered unreasonably restrictive depends on the nature of the proposed activities, the size and complexity of the proposed agricultural activity and/or the construction of buildings or structures and whether a State agricultural exemption applies. Time Frame for Review and Decision ; 2 Please see discussion of Agricultural Exemptions below 1/26/10 5 Town Law §274-a and Village Law §7-725-a require that a decision on a site plan application be made within a maximum of 62 days after receipt of the application or date of a public hearing, if one is required. Town and Village Law authorize town boards and village boards of trustees to adopt public hearing requirements and local laws often provide planning boards with the discretion whether to hold a public hearing. The Department recommends that if the municipality requires construction of farm buildings and structures within a state certified agricultural district to undergo site plan review, that the review and decision be expedited within 45 days, with no public hearing. The Department recognizes that the Town Law allows municipalities to determine which uses must undergo site plan review, the time frame for review (within the 62 day maximum), and whether to conduct a public hearing. A protracted review of most agricultural projects could, however, result in significant economic impacts to farmers. The process outlined above affords the community an opportunity to examine a proposed agricultural project and to evaluate and mitigage potential impacts in light of public health, safety and welfare without unduly burdening farm operations. Of course, the "process" must also be adminstered in a manner that does not unreasonably restrict or regulate farm operations. For example, conditions placed upon an approval or the cost and time involved to complete the review process could be unreasonably restrictive. Agricultural Exemptions State Environmental Quality Review (SEAR) - Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with "generally accepted principles of farming" are designated as Type II actions which do not require preparation of an Environmental Assessment Form (EAF) and are not subject to compliance with State Environmental Quality Review (SEAR)., 6 NYCRR §617.5(a), (c)(3). [See In the Matter of Pure Air and Water Inc. of Chemung County v. Davidsen, 246 A.D.2d 786, 668 N.Y.S.2d 248 (3rd Dept. 1998), for application of the exemption to the manure management activities of a hog farmand In the Matter of Humane Society of the United States v. Empire State Development Corporation, 53 A.D. 3d 1013, 863 N.Y.S. 2d 107 (3rd Dept., 2008) where ESDC's classification of the issuance of a grant for the construction or renovation of on-farm buildings for treatment of manure and raising livestock as a Type II action was upheld.] The SEQR regulations require localities to recognize the Type II actions contained in the statewide list. New,York State Uniform Fire Prevention and Building Code -While farmers must comply with local requirements which regulate health and safety aspects of the construction of farm buildings, many farm buildings are exempt from the State Uniform Fire Prevention and Building Code ("Uniform, Code"). The Uniform Code recently underwent major revisions and now is comprised of seven sub-codes (the Building Code, Fire Code, Residential Code, Plumbing Code, Mechanical Code, Fuel Gas Code, and the Property Maintenance Code). The exemption for agricultural buildings has been incorporated in the following portions of the revised Uniform Code and the Energy Conservation Construction Code, which became fully effective on January 1, 2003. • Agricultural building is defined in §202 of the Building Code,as "A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other 1/26/10 6 Law_§274-a and-Ali Ilage_Law_§7-725-a_require that_a decision.on_a site-plan application be made within a maximum of 62 days after receipt of the application or date of a public hearing, if one is required. Town and Village Law authorize town boards and village boards of trustees to adopt public hearing requirements and local laws often provide planning boards with the discretion whether to hold a public hearing. The Department recommends that if the municipality requires construction of farm buildings and structures within a state certified agricultural district to undergo site plan review, that the review'and decision be expedited within 45 days, with no public hearing. The Department recognizes that the Town Law allows municipalities to determine which uses must undergo site plan review, the time frame for review (within the 62 day maximum), and whether to conduct a public hearing. A protracted review of most agricultural projects could, however, result in significant economic impacts to farmers. The process outlined above affords the community an opportunity to examine a proposed agricultural project and to evaluate and mitigage potential impacts in light of public health, safety and welfare without unduly burdening farm operations. Of course, the "process" must also be adminstered in a manner that does not unreasonably restrict or regulate farm operations. For example, conditions placed upon an approval or the cost and time involved to complete the review process could be unreasonably restrictive. Agricultural Exemptions State Environmental Quality Review (SEQR) - Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with "generally accepted principles of farming" are designated as Type II actions which do not require preparation of an Environmental Assessment Form (EAF) and are not subject to compliance with State Environmental Quality Review (SEQR). 6 NYCRR §617.5(a), (c)(3). [See In the Matter of Pure Air and Water Inc. of Chemung County v. Davidsen, 246 A.D.2d-786, 668 N.Y.S.2d 248 j(31d Dept. 1998), for application of the exemption to the manure management activities of a hog farmand In the Matter of Humane Society of the United States v. Empire State Development Corporation,, 53 A.D. 3d 1013, •863 N.Y.S. 2d 107 (3rd Dept., 2008) where ESDC's classification of the issuance of a grant for the construction or renovation of on-farm buildings for treatment of manure and raising livestock as a Type II action was upheld.] The SEQR regulations require localities to recognize the Type II actions contained in the statewide list. New York State Uniform Fire Prevention and Building Code-While farmers must comply with local requirements which regulate health and safety aspects of the construction of farm buildings, many farm buildings are exempt from the State Uniform Fire Prevention and Building Code ("Uniform Code"). The Uniform Code recently underwent major revisions and now is comprised of seven sub-codes (the Building Code, Fire Code, Residential Code, Plumbing Code, Mechanical Code, Fuel Gas Code, and the Property Maintenance Code). The exemption for agricultural buildings has been incorporated in the following portions of the revised Uniform Code and the Energy Conservation Construction Code, which became fully effective on January 1, 2003. • Agricultural building is defined in §202 of the Building Code as "A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other 1/26/10 6 horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are, processed, treated or packaged, nor shall it be a place used by the public." • Building Code §101.2(2) provides an exemption from the Building Code for "[a]gricultural buildings used solely, in the raising, growing or storage of agricultural products by a farmer engaged in a farming operation." • Section 102.1(5) of the Fire Code of New York State provides that "[a]gricultural buildings used solely in the raising, growing or storage of agricultural products by a farmer engaged in a farming operation" are exempt from the provisions of the Fire Code pertaining to construction but are subject to applicable requirements of fire safety practice and methodology. • Section 101.4.2.5 of the Energy Conservation Construction Code ("ECCC") exempts "nonresidential farm buildings, including barns, sheds, poultry houses and other buildings and equipment on the premises used directly and solely for agricultural purposes"from the provisions of the ECCC. The above briefly highlights the agricultural buildings exemptions. Any specific questions regarding the interpretation and applicability of the revised State Uniform Fire Protection and Building Code should be directed to the Department of State's Codes Division at (518) 474-4073. . - Professionally Stamped Plans - Education Law_§7209(1) provides that no official of the State or any city, county, town or village charged with the enforcement of laws, ordinances or regulations may accept or approve any plans or specifications that are not stamped with the seal of an architect, or professional engineer, or land surveyor licensed or authorized to practice in the State. Thus, where local laws, ordinances or regulations require that plans and specifications for private construction be accepted or approved, they may not be accepted or approved without the' required seal, subject to the exceptions set forth in the statute. 1981 Op Atty Gen April 27 (Informal). However, the exceptions contained in Education Law §7209(7)(b) include "farm buildings, including barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes." As a result, plans and specifications for such buildings are not required to be stamped by an architect, professional engineer or land surveyor.' Against this backdrop, specific guidelines for review of zoning and planning regulations by local governments and the Department can best be understood. Generic Review Guidelines Generic reviews are those of entire zoning regulations or sections of zoning regulations that impact the municipality's farm community as °a class or several farm operations in the same way. Examples of actions which,might result in a generic review include the adoption or administration of an entirely new or substantially amended zoning regulation that results in a material change in the'use and area standards applied 3 Similar requirements and exceptions are also provided in Education Law§7307(1) and (5). 1/26/10 7 to farm operations in a State certified agricultural,district. In such cases, the Department recommends that the municipality ask itself the following questions: • Do the regulations materially limit the definition of farm operation, farm or agriculture in a way that conflicts with the definition of"farm operation" in AML §301, subd.11? • Do the regulations relegate any farm operations in agricultural districts to "non-conforming" status? • Is the production, preparation and marketing of any crop, livestock or livestock product'as a commercial enterprise materially limited, resticted or prohibited? • Are certain classes of agriculture subject to more intensive reviews or permitting requirements than others? For example, is "animal agriculture" treated differently than crop production without demonstrated links to a specific and meaningful public health or safety standard designed to address a real and tangible threat? • Are any classes of agricultural activities meeting the definition of "farm operation" subject to 'special permit, site plan review or other original jurisdiction review standard over and above ministerial review? • Are "farm operations" subject to more intensive reviews than non-farm uses in the same zoning district? • Are "farm operations" treated as integrated and interdependent uses, or collections of independent and competing uses on the same property? • Is the regulation in accordance with a comprehensive plan and is such a plan ' crafted consistent with AML Article 25-AA as reqired by law? If the answer to any of the first'six questions is "yes," or if the answer to either of the last two is "no," the zoning regulations under review are likely to be problematic and may be in violatiotion of AML §305-a, subd.1. Certainly such regulations would appear,to be on their "face" inconsistent with the statutory requirement that "Local governments ...shall exercise these powers in such manner as may realize the policy and,goa/s set forth in this article[Article 25AA-Agricultural Districts]." Guidelines for Site Specific Reviews P � � AML §305-a zoning case reviews often involve application of zoning regulations to a, specific farm operation. Such cases typically result from applying the site plan, special' use permit, use or non-conforming use sections, yard requirements, or lot density ' sections of the municipal zoning device to an existing farm operation. These cases often evolve because although the zoning regulation may appear`to be consistent with the agricultural districts law, its application to a specific issue or set of facts is not. In such cases,;the Department recommends that the municipality ask itself the following questions: • Is the zoning regulation or restriction being applied, to a use normally and customarily associated with a "farm operation" as defined in AML Article 25- AA? 4 P 1/26/10 8 Jo_farm operations in_a--State-certified.agricultural_district. _In_such cases,_the Department recommends that the municipality ask itself the following questions: • Do the regulations materially, limit the definition of farm operation, farm or agriculture in a way that conflicts with the definition of"farm operation" in AML §301, subd.11? • Do the regulations relegate any farm operations in agricultural districts to "non-conforming" status? • Is the production, preparation and marketing of any crop, livestock or livestock product as a commercial enterprise materially limited, resticted or prohibited? • Are certain classes of agriculture subject to more intensive reviews or permitting requirements than others? For example, is "animal agriculture" treated differently than crop production without demonstrated links to a specific and meaningful public health or safety standard designed to address a real and tangible threat? • Are any classes of agricultural activities meeting the definition of "farm operation" subject to special permit, site plan review or other original jurisdiction review standard over and above ministerial review? • Are "farm operations" subject to more intensive reviews than non-farm uses in the same zoning district? • Are "farm operations" treated as integrated and interdependent uses, or collections of independent and competing uses on the same property? • Is the regulation in accordance with a comprehensive plan and is such a plan crafted consistent with AML Article 25-AA as•regired by law? If the answer to any of the first six questions is "yes," or if the answer to either of the last two is "no," the zoning regulations under review are likely to be problematic and may be in violatiotion of AML §305-a, subd.1. Certainly such regulations would appear to be on their "face" inconsistent with the statutory requirement that "Local governments ...shall exercise these powers in such manner as may realize the policy and goals set ` forth in this article[Article 25AA-Agricultural Districts]." Guidelines for Site Specific Reviews AML §305-a zoning case reviews often involve application of zoning regulations to a specific farm operation. Such cases typically result from applying the site plan, special, use permit, use or non-conforming use .sections, yard requirements, or lot density sections of the municipal zoning device to an existing farm operation. These cases often evolve because although the zoning regulation may appear to be consistent with the agricultural districts law, its application to a specific issue or set of facts is not. In such cases, the Department recommends that the municipality ask itself the following questions: ' • Is the zoning regulation or restriction being applied to a use normally and customarily associated with a "farm operation" as defined in AML Article 25- AA? 1/26/10 8 • Does the regulation or restriction materially limit the expansion or improvement of the operation without offering some compelling public benefit? • Is the regulation or restriction applicable to the specific farm operation in question or, under the same circumstances, would it apply to other farm operations in the community? • Does the zoning regulation impose greater regulation or restriction on a use or farming activity than may already be imposed by State or federal statute, rule or regulation? • Is the regulation or restriction the result of legislative action that rendered the farm operation a "non-conforming use"? If the answer to any of these questions is yes, then the zoning regulation or restriction under review is likely to be problematic and may be in violation of the statutory prohibitions against unreasonably restrictive regulation of farm operations in an agricultural district, unless a threat to the public health or safety is demonstrated. Guidance on Specific Zoning Issues The following are some specific factors that the Department considers when reviewing local zoning laws': A. Minimum and Maximum Dimensions Generally the Department will consider whether minimum and maximum dimensions imposed by a local law can accommodate existing and/or future farm needs. For example, many roadside stands are located within existing garages, , barns, and outbuildings that may have dimensions greater than those set by a local ordinance. Also, buildings specifically designed and constructed to accommodate farm activities may not meet the local size requirements (e.g., silos and barns which may exceed maximum height limitations). The size and scope of the farm operation should also be considered. Larger farms, for example, cannot effectively market their produce through a traditional roadside stand, and may require larger farm markets with utilities, parking, sanitary facilities, etc. B. Lot Size Establishing a minimum lot size for farm operations within a zoning district that includes land within a State certified agricultural district might be unreasonably restrictive. The definition of "farm operation" in AML §301(11) does not include an acreage threshold. Therefore, the Department has not set a minimum acreage necessary for protection under AML §305-a and conducts reviews on a case-by-case basis. For example, a nursery/greenhouse operation conducted on less than 5 or 10 acres may be protected as a "farm operation" under §305-a if the operation, is a "commercial enterprise" as determined by the Department. 4 Please see other Department guidance documents for further information on issues related to specific types of farm buildings and practices. 1/26/10 9 For agricultural assessment purposes, however, AML §301(4) states that a farm must have "land used in agricultural production" to qualify (either seven or more acres and gross sales of an average of $10,000 or more in the preceding two years or have less than seven acres and average gross sales of more than $50,000 in the preceding two years). AML §301(4) also provides for an agricultural assessment on seven or more acres which has an annual gross sales of$10,000 or more "...when such land is owned or rented by a newly established farm operation in the first year of operation." AML §301(4)(h). Local requirements for minimum lot sizes for farm buildings raise concerns similar to those involving minimum and maximum building dimensions. A farmer may be unable to meet a minimum lot size due to the configuration of the land used for production or lying fallow as part of a conservation reserve program. The need to be proximate to existing farm roads, a water supply, sewage disposal and other utilities is also essential. Farm buildings are usually located on the same property that supports other farm structures. Presumably, minimum lot size requirements are adopted to prevent over concentration of buildings and to assure an adequate area to install any necessary utilities. Farm buildings should be allowed to be sited on the same lot as other agricultural use structures subject to the provision of adequate water and sewage disposal facilities and meeting minimum setbacks between structures. C. Setbacks Minimum setbacks from front, back and side yards for farm buildings have not been viewed as unreasonably restrictive unless a setback distance is unusually long. Setbacks that coincide with those required for other similar structures have, in general, been viewed as reasonable. A farm operation's barns, storage buildings and other facilities may already be located within a required setback, or the farm operation may need to locate new facilities within the setback to meet the farm operation's needs. Also, adjoining land may consist ; of vacant land, woodland or farmland. The, establishment of unreasonable setback distances increases the cost of doing business for farmers because the infrastructure needed to support the operation (e.g., water supply; utilities and farm roads) is often already located within, and adjacent to, the farmstead area or existing farm structures. Setbacks can also increase the cost of, or make it impracticable to construct new structures for the farm operation. D. Sign Limitations: Whether or not a limitation on the size and/or number of signs that may be used to advertise a farm operation is unreasonably restrictive of a farm operation depends upon the location of the farm and the type of operation: A farmer who is located on a principally traveled road probably will not need as many signs as one who is located on a less traveled road and who may need directional signs to direct the public to the farm. The size of a sign needed may depend on whether,the sign is used to advertise the farm's produce or services (e.g., for a commercial horse boarding operation) as part of the farm's direct marketing, or just for directional purposes. 1/26/10 10 For agricultural-_assessment_purposes,__however,_AML__§3.0.1(4)_states_that_a_farm________— must have "land used in agricultural production" to qualify (either seven or more acres and gross sales of an average of $10,000 or more in the preceding two years or have less than seven acres and average gross sales of more than $50,000 in the preceding two years). AML §301(4) also provides for an agricultural assessment on seven or more acres which has an annual gross sales of$10,000 or more "...when such land is owned or rented by a newly established farm operation in the first year of operation." AML §301(4)(h). Local requirements for minimum lot sizes for farm buildings raise concerns similar to those involving minimum and maximum building dimensions. A farmer may be unable to meet a minimum lot size due to the configuration of the land used for_production or lying fallow as part of a conservation reserve program. The need to be proximate to existing farm roads, a water supply, sewage disposal and other utilities is also essential. Farm buildings are usually located on the same property that supports other farm structures. Presumably, minimum lot size requirements are adopted to prevent over concentration of buildings and to assure an adequate area to install any necessary utilities. Farm buildings should be allowed to be sited on the same lot as other agricultural use structures subject to the provision of adequate water and sewage disposal facilities and meeting minimum setbacks between structures. C. Setbacks Minimum setbacks from front, back and side yards for farm buildings have not been viewed as- unreasonably restrictive unless a setback distance is unusually long. Setbacks that coincide with those required for other similar structures have, in general, been viewed as reasonable. A farm operation's barns, storage buildings and other facilities may already be located within a required setback, or•the farm operation may need to locate new facilities within the setback to meet the farm operation's needs. Also, adjoining land may consist of vacant land, woodland or farmland. The,establishment of unreasonable setback distances increases the cost of doing business for farmers because the infrastructure needed to support the operation (e.g., water supply, utilities and farm roads) is often already located within, and adjacent to, the farmstead area or existing farm structures. Setbacks can also increase the cost of, or make it impracticable to construct new structures for the farm operation. D. Sign Limitations: Whether or not a limitation on the size and/or number of signs that may be used to advertise a farm operation is unreasonably restrictive of a farm operation depends upon the location of the farm and the type of operation. A farmer who is located on a principally traveled.road probably will not need,as many signs as one who is located on a less traveled road and who may need directional signs to direct the public to the farm. The size of a sign needed may depend on whether the sign is used to advertise the farm's produce or services (e.g., for a commercial horse boarding operation) as partof the farm's direct marketing, or just for directional purposes. 1/26/10 10 J E. Maximum Lot Coverage Establishing a maximum lot coverage that may be occupied by structures may be unreasonably restrictive. For example, it may be difficult for horticultural operations to recoup their investment in the purchase of land if they are not allowed to more fully utilize a lot/acreage for greenhouses. Farm operations within an agricultural district should be allowed the maximum use of available land, consistent with the need to protect the public health or safety. Generally, if setbacks between buildings are met and adequate space is available for interior roads, parking areas (where required), and safe operation of vehicles and equipment, health and safety concerns are minimized. F. Screening and Buffers Some municipalities impose buffer requirements, including setbacks where vegetation, landscaping, a wall or fencing is required to partially or completely screen adjacent land uses. Often, the buffer area cannot be used or encroached upon by any activities on the lot. Requirements for buffers or setbacks to graze animals, construct fences and otherwise use land for agricultural purposes are generally unreasonably restrictive. Buffers and associated setbacks may require farmers to remove land from production or otherwise remove land from use for the farm operation. The impact on ; nursery/greenhouse operations is especially significant since they are often conducted on smaller parcels of land. Maintenance of the buffer also creates a hardship to the landowner. If a setback is required for fencing, the farmer may have to incur the expense of double fencing the perimeter of the property, or portion thereof, to prevent encroachment by neighboring property owners. A requirement to screen a farm operation or agricultural structures such as farm labor housing or greenhouses from view has been found by the Department to be unreasonably restrictive. Screening requirements suggest that farm operations and associated structures are, in some way, objectionable or different from other forms of land use that do not have to be screened. Farmers should not be required to bear the extra costs to provide screening unless such requirements are otherwise warranted by special local conditions or necessary to address a threat to the public health or safety. While aesthetics are an appropriate and important consideration under zoning and planning laws, the purpose of the Agricultural Districts Law is to conserve and protect agricultural lands by promoting the retention of farmland in active agricultural use. 1/26/10 11 CODES DIVISION NEW YORK STATE DEPARTMENT OF STATE Division of Code Enforcement and Administration Phone : (518)474-4073 Fax: (518)486-4487 www.dos.state.nLus E-mail:inf6@,dos.state.nV.us DEPARTMENT OF STATE TECHNICAL BULLETIN Law Effective Date: July 3,2007 Source Document: Article 18 of the Executive Law Reference Documents: 19NYCRR 1203 -Uniform Code: Administration and Enforcement 19NYCRR 1221 -Building Code of New York State 19NYCRR 1225-Fire Code of New York State 19NYCRR 1240-Energy Conservation Construction Code Topic: Periodic Inspections of Agricultural Buildings This is to clarify the requirements of Chapter 159 of the laws of 2007. The requirements of the law have been incorporated into Article 18 of the Executive Law section 381(1), entitled Administration and enforcement of the New York State uniform fire prevention and building code, as follows: Nothing in the rules shall require or be construed to require regular,periodic inspections of(A) owner-occupied one and two-family dwellings, or(B) agricultural buildings used directly a�zd solely for agricultural purposes provided, however that this shall not be a limitation on inspections conducted at the invitation of the owner or where conditions on the premises threaten or present a hazard to public health, safety, or welfare. This portion of Article 18 of the Executive Law,the enabling legislation for the Uniform Fire Prevention and Building Code, means that agricultural buildings are exempt from the requirements of periodic fire safety,and property maintenance inspections in 19NYCRR 1203,which establishes minimum standards for administration and enforcement of the Uniform Code which must be incorporated into each local law, as well as other buildings for which regulations have been promulgated pursuant to section 381(1)(g) [see 19NYCRRPart 12011. Building Code of New York State(BCNYS) section 10 1.2, Scope;exception 2 provides that the BCNYS is not applicable to agricultural buildings as follows: Agricultural buildings used solely in the raising, growing or storage of agricultural products by a farmer engaged in a farming operation. Additionally,Fire Code of New York State (FCNYS) section 102.1 exception 5 and Energy Conservation Construction Code of New York State(ECNYS) section 101.4.2.5 have similar exceptions. Agricultural buildings are not classified under any occupancy classification in BCNYS Chapter 3. FCNYS section 102.1(5) also states: Agricultural buildings shall be subject to the applicable requirements of fire safety practice and methodology prescribed herein. This section can only be used when the Code Enforcement Official is notified by the Fire Official of an fire event in an agricultural building. Ronald E. Piester,AIA,Director Division of Code Enforcement and Administration September 11,2008 � � •s ?� � Ry1> kapFj FCNYS section 102.1(5) also states: Agricultural buildings shall be subject-to the-applicable requirements of fife safety practice and --- - - - methodology prescribed herein. This section can only be used when the Code Enforcement Official is notified by the Fire Official of an fire event in an agricultural building. Ronald E. Piester,AIA, Director Division of Code Enforcement and Administration September 11,2008 :iLr J 2G�8 lid SuEwxoeR�c STAAgriculture TE OF OPPORTUNITY and Markets ANDREW M. CUOMO RICHARD A. BALL p (� Governor Commissioner E lUi U May 28, 2015 JUN 0:1 2015 Southold Town Planning Board Honorable Scott Russell, Supervisor Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Agriculture and Markets Law Section 305-a(1) Review Concerning the Administration of the Town's Zoning Code With Respect to the Operation of a Commercial Equine Operation on Showalter Farms, LLC Dear Supervisor Russell: On May 15, 2015.the Department received a request from Joanne Showalter to review the Town of Southold's Zoning Code as applied to her farm operation. • The Showalters are establishing a commercial horse boarding and equine operation that will board, train, raise and breed performance horses. The Showalters also plan to offer riding lessons to the public and hold horse shows for boarders and riders associated with the farm. As discussed in the Department's April 4, 2014 and October 1, 2014 letters (copies enclosed) to the Town, these activities are protected as part of a farm operation under AML §305-a (1). In Ms. Showalter's May 15, 2015 submission to the Department, she indicated that she would like to board approximately 50 to 55 horses on the property, which is supported by her USDA Natural Resources Conservation Service's grazing plan, dated February 20, 2015. Ms. Showalter 'stated that she would also like to construct an in-door riding arena to support her boarding/training activities and would like the Department to review the ZBA's Special Exception permit requirements for compliance with AML §305-a(1). In Danielle Cordier's October 1, 2014 letter to former Town Attorney Martin Finnegan, Ms. Cordier stated that the Department will review any conditions placed upon the site plan by the Planning Board or by the ZBA for compliance with . AML §305-a (1). On November 10, 2014, the ZBA granted a Special Exception permit to Showalter Farms, LLC for a stable/riding academy in an A-C'Zoning District. The ZBA's Special Exception permit contained ten conditions. Those ten conditions were also inserted.within the Planning Board's approval of the site plan for Showalter Farms. The site plan was approved by the Planning Board on December 15, 2014. To require farm operations located within a county adopted, State certified agricultural district to operate pursuant to a special permit, generally, unreasonably restricts the farm operation in possible violation of AML § 305-a (1). In prior reviews, the Department has determined that when a site plan approval is required solely due to characterization of an agricultural use as a special use, the municipality's requirement that the farm undergo site plan review also unreasonably restricts the farm operation, in possible violation of AML § 305-a (1). r Honorable Scott Russell, Supervisor Town of Southold Tei:, r,2.%'.�..�.,g.e-1,, -�t • Ii However, as:ez lained in Dr. Somers s A ril letter to Supervisor Russell, the Department has 3? +Lsupp6rted-a streamlined site plan review process. " ; i :, rF':1Nhenever a local law or the administration of the law is found to be unreasonably . . ..,..z'rest'i�ctrve -the-Department evaluates whether it can be shown that the public health or safety is threatened by the farm operation or activity which the Town seeks to regulate. Prior to making a decision as to whether a local law unreasonably restricts a farm operation within an agricultural district,the Department considers all pertinent information submitted by the affected farm operator and the provisions of the local law involved. Any facts or circumstances that the Town may wish to bring to the Department's attention regarding the issues presented are also taken into account. The Town is encouraged to submit, within 30 days of receipt of this letter, any information or documentation which it would like the Department to consider. Once the review is completed, the Department will inform the Town of its determination and, if it is concluded that an unreasonable restriction exists, the Town will have an opportunity to submit any evidence it may have of a threat to the public health or safety. Thereafter, the Department will determine whether the local law and its administration are in compliance with §305-a, subd.1. -If'you have a—y'questio►is, or would like to discuss the review process, please contact me at (518) 457-3738. If Bill Duffy, Esq., has any questions, he may contact Danielle Cordier,, Senior Attorney, at,(518) 457-2449. Sincerely, l Michael Latham Director Encs. cc: Bill Duffy, Esq., Town Attorney Joanne Showalter, landowner Donald Wilcenski, Chairperson, Town of Southold Planning Board Leslie Kanes Weisman, Chairperson, Town of Southold Zoning Board of Appeals Ken Schmitt,'Chair, Suffolk County AFPB Danielle Cordier, Esq., Counsel's Office, Dept. of A&M Robert Somers, Dept. of A&M Division of Land and Water Resources 10B Airline,Dr.Albany,N.Y., 122351 Number of Division www,.agriculture.ny.gov ,6 r11 CELSIOR STATE OF NEW YORK , DEPARTMENT OF AGRICULTURE&MARKETS 10B Airline Drive,Albany,NY 12235 518-457-4188 www.agriculture.ny.gov - Andrew M.Cuomo Richard A.Ball Governor Acting Commissioner April 4, 2014 Honorable Scott Russell, Supervisor Town of Southold.- 53095 Main Road PO Box, 1179 Southold, NY 11971 Re: Agriculture and Markets Law Section 305-a(1) Review Concerning the Administration of the Town's Zoning Code With Respect to the Operation of a Commercial Equine Operation on Showalter Farms, LLC Dear Supervisor Russell: The Department received a request from Joanne Showalter to review the Town of Southold's Zoning Code as applied to her-farm operation. Ms. Showalter stated that Showalter Farms, LLC, is a start-up commercial horse boarding and equine operation that will board, train, raise and breed performance horses. She stated that they also plan on offering riding lessons to the public. Ms. Showalter indicated that her property consists of 24 acres, of which 20 acres are encumbered by a conservation easement. On January 8, 2014, the Town of Southold's Land Preservation .Committee issued a letter to Chris and Joanne Showalter identifying activities and uses permitted on the 20 i encumbered acres. Ms. Showalter stated that riding lessons will only occur on the four acres that retained their development rights in compliance with the easement and the Zoning Code. In prior reviews, the Department has determined that while property burdened by a conservation easement is subject to the easement, the Department may, still review the Town's administration of its Zoning Code with respect to the farm operation. j i In Ms. Showalter's request to the Department; she stated that plans were filed with the Southold Town Building Department to construct 8 horse stalls on her property. The Building Department indicated that in all probability, her building permit application will be denied and sent to. the Town's Planning.Board and the Zoning Board of Appeals if the activity is considered a "riding academy" under Town Zoning. Ms. Showalter stated-that the Zoning Code allows a "riding academy" as a "special exception" use. Honorable Scott Russell, Supervisor Town of Southold. 2.1 Page ' I have enclosed a copy of the Department's Guidelines for Review of Local Zoning and Planning Laws and Review of Local Laws Affecting Commercial Horse Bow-ding Operations for your review. In-general', the Department has not supported the application of special exception use permits for farm operations.located within a county adopted, State certified agricultural district. The Department has supported site plan review as long as the review is streamlined; similar to the process identified in the Review of Local Zoning and Planning Laws guideline. Prior to conducting its review, the Department would like to discuss the identified issues with you and Town Attorney Martin Finnegan. Please contact me at (518) 457-- - 3738 to schedule a conference call.-If Mr. Finnegan, Esq. has any questions, he should contact Danielle Cordier, Senior Attorney, at (518) 457-2449. Sincerely, 0 om s, h. Manager, Agricultural Protection Unit cc: Martin Finnegan, Esq., Town Attorney Joanne Showalter, landowner Donald Wilcenski, Chairperson, Town of Southold Planning, Board Leslie Kanes Weisman, Chairperson, Town of Southold Zoning Board of Appeals Melissa A. Spiro, Land Preservation Coordinator Ken Schmitt, Chair, Suffolk County AFPB Danielle Cordier, Esq., Counsel's Office, Dept. of A&M Division of Land&Water Resources Phone: (518)457-3738 Fax: (518)457-3412 r ' ' h l0,. STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive,Albany, New York 12235 Andrew M.Cuomo 518-457-8876 Fax 518-457-3087 Richard A. Ball Governor www.agmkt.state.ny.us Commissioner October 1, 2014 Martin Finnegan, Esq. Town Attorney, Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Agriculture and Markets Law §305-a (1) Review of the Administration of the Town's Zoning Code With _Respect to _the ,Operation of a Commercial Horse Boarding and Equine Operation on property owned by Showalter Farms, LLC located in Suffolk County Agricultural District No. 1 Dear Mr.,Finnegan: The Department, by letter dated April 4, 2014 (copy enclosed), informed Supervisor Russell that Joanne Showalter requested a review of the Town of Southold's Zoning Code for compliance with Agriculture and Markets Law (AML) §305-a. The Showalters are establishing a commercial horse boarding and equine operation that. will board;. train, raise and breed performance horses'. The Showalters also plan to offer riding lessons to the public and hold horse shows for boarders and riders associated with the farm. These activities are protected as part of a farm operation under AML §305-a (1) as further discussed in the attached guidance document on horse boarding/equine operations. The Showalters submitted a site plan to the Town's Planning Board which is currently under review. The Showalters also have an application pending before the Town's Zoning Board of Appeals; as Town Code §280-13(B) (12) provides that "stables and riding academies" are uses permitted by special exception. As discussed in prior reviews with the Town, the construction of on-farm buildings and the use of land for agricultu'ral purposes within a county adopted, State certified agricultural district should not be subject to lengthy site plan review, special use permits or non-conforming use requirements. Ms. Showalter has agreed to`submit to site.plan review in the hope that the process would move forward in a more expeditious manner than would have happened if the Department was involved. Department staff spoke with Mr. Stephen Kiely, Assistant Town Attorney, in July 2014 who explained that he works with the Planning Board, acknowledged the Department's streamlined site plan review process and indicated the application and review process are moving forward. We understand, however, that the site plan is still undergoing review. Martin Finnegan, Esq. Town of Southold- Page 2 Town Law §274-b (1) allows a town board to authorize a planning board or other designated administrative body.to grant special use permits as set forth in a zoning ordinance or local law. "Special use permit" is defined as "...an authorization of a ,particular land use which is permitted in a zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such requirements are met." Agricultural uses in an agricultural district are not, however, "special uses." They are constitutionally recognized land uses which are protected by AML § 305-a (1). Further, agricultural districts are created and reviewed locally through a process which includes public notice and hearing, much like zoning laws are adopted and. amended. Therefore, absent any showing of an overriding local concern, an exemption from special use permit requirements should be provided to farm operations located within an agricultural district. ' J ' In light of the purposes of an agricultural district, to require farm operations located within a county adopted, State certified agricultural district to operate pursuant to a special permit, generally, unreasonably restricts the farm operation in possible violation of AML § 305-a (1). In prior reviews, the Department has determined that when a site plan approval is required solely due to characterization- 'of -an' agricultural use as a special use, the municipality's requirement that the farm undergo' site plan review also unreasonably restricts- the farm operation, in possible violation of AML § 305-a (1). As explained in Dr. Somers's April letter to Supervisor Russell, however,the Department has supported streamlined site plan review. It is our understanding that the ZBA meets on October 2, 2014. The Department.will !I review any conditions placed upon the site plan by the Planning Board or by the ZBA for compliance with AML §305-a (1). We would like to discuss these issues with you further during a conference call between the Town and Department staff (Mike Latham, Division Director; Bob Somers and myself). Please e-mail me (danielle.cord ierC@-agriculture.ny.gov) with suggested times and dates if you are available to speak with the Department. Thank you for your cooperation and assistance. rely, Danielle Cordier, Esq. Senior Attorney Enclosure cc: Michael.Latham, Director, Div. of Land and Water Resources, Dept. of A&M Bob Somers, Dept. of A&M Joanne Showalter;landowner l - ESS: MAILING ADDR PLANNING BOARD MEMBERS QF SU(/r P.O. Box 1179 DONALD J.WILCENSKI 01 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex PIERCE RAFFERTY �Q 54375 State Route 25 JAMES H.RICH III �� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR VU01 Southold, NY Telephone: 631 765-1938 www.southoldtowuny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 16, 2014 DEC 172014 Mr. Ray Nemschick, R.A. 160 Main Street BLDG. DEPT. Sayville, NY 11782 TOINN OF SOUTHOLD Re: Approval: Proposed Site Plan for Showalter Farms, LLC Located at 18625 NYS Rt. 25, ±1,190' w/o Elijah's La. & NYS Rt. 25, Mattituck SCTM#1000-1.08-4-1.4 Zoning District: A-C/R-40 Dear Mr. Nemschick: The following resolutions were adopted at a meeting of the Southold Town Planning Board on December 15, 2014: WHEREAS, this proposed Site Plan is to construct one (1) 24' x 30' 3-stall portable barn, two (2) 24' x 10' 2-stall portable barns, an outdoor sand training area and twelve parking stalls, 2 trailer parking stalls on 24.2 acres in the A-C Zoning District; Mattituck; and WHEREAS, on June 20, 2014, the agent for the applicant, Ray Nemschick, submitted an application for Site Plan review; and WHEREAS, at a Work Session held on July 7, 2014, the Planning Board formally accepted the application for review; and WHEREAS, on July.17, 2014, the Planning Board, pursuant to Southold Town Code §280-131 C.., distributed the application to the required agencies for their comments; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5, has determined that the proposed action he following description, for 6 NYCRR Part 617.5 c is a Type 11 Action as it falls within t g ( ) Yp (3) "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures and land use changes consistent with generally accepted principles of farming"; and Submission Without a Cover Letter Sender: Subject: ID EC E HE SCTM#: 1000 - DEC,-f 7 2014 1 to/I� Southold Town Date: Planning Board Comments: CC#: C14-50300 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 12/16/2014 under Liber D00012800 and Page 342 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 12/16/2014 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 12/16/2014 Number of Pages: 7 At: 12 : 49:55 PM Receipt Number : 14-0165358 LIBER: D00012800 PAGE : 342 District: Section: Block: Lot: 1000 108 . 00 04 . 00 001 .003 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35 . 00 NO Handling $20 .00 NO COE $5 .00 NO NYS SRCHG $15 . 00 NO TP-584 $0 . 00 NO Notation $0 . 00 NO Cert.Copies $8 . 75 NO RPT $1'20 . 00 NO Fees Paid $203 . 75 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County �]l 21 �l Number, of pages RECORDED 2014 Dec 16 12:49:55 PM jUDITH A. PASCALE CLERK OF This document will be public 'SUFFOLK COU'ra-FY record. Please remove all L D00012800 Social Security Numbers, P =4 prior to recording. Deed/Mortgage Instrument Deed./Mortgage Tax Stamp Reco ding/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (C xtq Sub Total Spec./Add. EA-5 (State) TOT.MTG.TAX d� Dual Town Dual County RT.S.A` Izo Held for Appointment Com6:-eP''d. 5. 00 Transfer Tax. 14 Mansion Tax Affidavit . '' '17 + The property covered by this mortgage is rtified Co : or will be improved by a one or two N rcharge 15. 00 family dwelling.only. Sub Total YES or NO Other Grand Total If NO,see appropriate tax clause on page# oft i 'ns n 2849866 4 Dist. 5 ,1 Community Preservation Fu d ��-,�.� �J,l-�`fCl� Real Propert P T Consideration Amount $ Tax ServicE R RMO A I IIIIII VIII IIID VIII VIII VIII VIII IIII(III Agency 1s-DEC-1 CPF Tax Due $ Verificatioi -.-... Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk Title# g Suffolk County Recordin & Endorsement Pa e This page forms art of the attached U� LLQ 11 j l D p g p made.by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. -tLITO In the TOWN of �S� U G In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY,PRIOR TO RECORDING OR FILING. iz-oioa..iaoakk (over) pT S RRMO A Stat IF— 2849866 16-DEC-14 Tax Maps District Secton Block Lot School District 1000 10800 0400 001003 1000 10800 0400 001004 f a t 4 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 12`h day of December, 2014, by Christopher R. Showalter and Joanne C. Showalter, Owners of Showalter Farms LLC, presently residing at 1015 Orchard 'Lane, Southold NY 11971, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate on 18625 Main Rd. Mattituck NY 11952, Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Zoning Board of Appeals of the Town of Southold for a Special Exception for Stables and Riding Academy; and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold for a site plan to use the Property as a horse farm, stables and riding academy, as shown on the site plan entitled Showalter Farm- Mattituck NY, prepared by Newschick and Silverman Architects PC, and last dated November 18, 2014; and WHEREAS, for and in consideration of the granting of said Special Exception and site plan approvals for the Property as a condition of granting said approvals, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the access to the street for the Property is on State Route 25; and 4 i WHEREAS, Noah's Path (a/k/a Theresa Lane) is a paved dead end street approximately 275' in length that connects to the residential neighborhood along Gabriella's Court, Mattituck, and terminates at the Property in the area of the development rights sold portion of the Property; and WHEREAS, access over Noah's Path for commercial traffic connected to the use of the Property has been found to-be inappropriate; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said Lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. Ingress and egress is prohibited to the Property through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only. The within Covenant and Restriction shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning.Board of the Town of Southold or its successor, following a public hearing, If any section, subsection, paragraph, clause, phrase or provision of this covenant and restriction shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or 4 held-to be unconstitutional, the same shall not affect the validity of this covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenant and restriction is intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of this covenant and restriction has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenant and restriction set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of'Southold or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. Schedule A (Attached) n DECLARANT: SQ�N� S'(itW�LTE�'' STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) C h pp�n thia day of1!�c fr,,t m the year 20_x-, before me personally appeared `j occn,e she,:c i4��gp''z— _, known tome or proved tome on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he.executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.' ELIZABETH COLEMAN l iotary Public,State of New York No.OIC06158353of ry Public :M�;alified in Suffolk Couniy . isinn Expires Jan,02,20w. i c SCHEDULE A All that certain plot,piece or parcel of land,situate, lying and being at Mattituck,Town of Southold, County of Suffolk and State of New York, bounded and described as follows: PARCEL 1 BEGINNING at a point which is the southwesterly corner of the premises about to be described,which said point is distant the following two(2)courses and distances from a'monument on the northerly side of Main Road (State Route 25) distant 1,190- feet westerly•&om the corner formed by,the intersection of the easterly side of Mijah's Lane with the northerly side of Main Road (State Route 25): Course 1. Running along the northerly side of Main Roo South 76 degrees 45 minutes 37 seconds West 244.00 feet, Course 2. Thence North 34 degrees 24 minutes 53 seconds West 298.33 feet to said point of BEGINNING. RUNNING THENCE from said point of beginning along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two(2)courses and distances: • 1. North 34 degrees 24 minutes 53 seconds West 26.67 feet; 2. North 36 degrees 09 minutes 45 seconds West 2672.93 feet to land now or formerly of Long Island Railroad; RUNNING THENCE along said land now or formerly of Long Island Railroad,:North 46 degrees'l 4_minutes 21 seconds East 336,89 feet to land as shown on the Map,of Elijah's Lane Estates, Section 3 filed 10/8/96 as Map Number 9913; RUNNING THENCE Wong said land o6*said map and along land or: the Map.of Elijah's Lane Estates, Section 2, filed 10/8/96 as Map Number 9912 the following eight (9) courses and distances: l. South 40 degrees 09 minutes 50 seconds East 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East 423.50 feet; 3. South 34 degrees 42 minutes 50 seconds East 492.40 feet; 4. South 38 degrees 31 minutes 50 seconds East 643,60 feet; 5. South 37 degrees 02 minutes 50 seconds East 566.37 feet; 6. South 37 degrees 36 minutes 50 seconds East 297,63 feet; 7. South 36 degrees 32 minutes 50 seconds East 162,95 feet; 8. South 38 degrees 30 minutes 50 seconds East 101,20 feet to land ofNew York State (Recharge Area); b RUNNING THENCE along land of New York State South 51 degrees 30.minutes 17 seconds West 170.98 feet to a monument; RUNNING THENCE westerly through land of Agnes B..Graboski, which line is also the northerly side of Parcel II, South 76 degrees 45 minutes 37 seconds West 230.30 feet to the point or place of beginning. SUBJECT TO an -Agricultural exemption assessment pursuant to Article 25-AA of the Agriculture and Markets Law, and PARCEL II ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erecter!, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk-and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road where the same is intersected by the South West corner of land of New York State(Recharge Area)and the South)vast corner of the prernises about to be described herein;said point being also distani'1190feet more or'tess westerly as measured along.the northerly side of Main Road from the corner formed by the intersection of the easterly side of Elijah's Lane with the northerly side of Main Road; RUNNING THENCE from"sai d point or place of beginning along the northerly side of Main Road,South 76 degrees 45 minutes'37 seconds West 244.00 feet to land now or formerly of Edward F. Rutkoski; RUNNING THENCE along said land now or formerly of Edward F.Rutkoski and along land now of Henry Rutkoski and Helen Rutkoski'North 34 degrees 24'minutes 53 seconds West 298.33 feet;. RUNNING THENCE easterly through land now or formerly of Agnes B.Graboski North 76 degrees 45 minutes 37 seconds East 230.30 feet to a monument set on the Northwest corner of land of New York State (Recharge Area); RUNNING THENCE along said land of New York.State(Recharge Area)South 36 degrees 49 minutes 33,seconds East 303.55 feet to the point or place of beginning, WORK SESSION AGEND4­ SOUTHOLD TOWN PLANNING BOARD Monday, December 15, 2014 2:30 p.m. Southold Town Annex Board Room 2 Floor, Capital One Bank Building 1:30 p.m. Planning Board Training 2:00 p.m. Executive Session: Matters of Litigation 2:30 p.m. Applications -----......_._...._.......-...- -- ---...._......................................_........__..—._._......._.........._..............__.........._...._............__.._......___...._..........._....._._.__...............-.......................................--...._...............---............._.............._..----..., Project Name Showalter Farms _.__._.._.._.S..-C-T_M_#........:._......_...1..._.0..._..0.......0......-...__1:....0.......8. -4--1-.4- -......................_...._................. ................._J_---....-.---..._............._........_................s ...... ........................... _-.--..._.._......._.........._....... ....................._..................._. Location_ _..°_18625 Main Road, ±1,190 w/o Elijah's Lane, Mattituck __-......................_...-__-.-............_.. Description: This proposed Site Plan is to construct Phase One of a riding academy, and includes one 24' x 30' (720 sq. ft.) 3-stall barn, two 24' x 10' (240 sq. j ± ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270': _________._._......................_............_.._......_f._and eight (8) parking stalls on 24;2 acres in the A-C ............................. Status: _4__Pending..............-.............._._........ __...- -...-.---.................. -_._.._._.._.__....._._....._........_........................__._...._......................._._..__._...._................................................._........_..__...----........._._...................._..__........; Action: Review revised Site Plan. :.._......._........_....._..--___..._._..----._._.._...._..........u..--•-__-..............._._......_.._.....-_........._..._.__....._..__..._......_...................._....._.._-__.........................--.-.......__-..__..........._.............._...._..._•-____•-•__._._................__............_.-_.............-3 Attachments: StaffRe ort _................._p....._.....-_-_.._.__...._.................._..............._..._-----......_............_...... _.._.........-. ---._._.-...._..................................-----._._............... _.. ........ ____..............._..............._...........--------------.....................--......... --.._............................_.........._..---._.._.__._............................__._....._.................-- - -____...._.........................._...............---..............-_.............._...... ; Project name: _ Mill Creek Inn & Marina SCTM#: 1 1000-56-7-2 _._. _... — ——._....................._.._.._.__...__.... ........— ....__...._..._........._.........._...._....._. __...._..._................._.......__.......' Location: 64300 NYS Route 25, on south side of Rt. 25, 424 west of Dolphin Drive,; Greenport Description: This Site Plan is for the proposed improvement and renovation to an existing 50 slip marina & 8,989 s.f. restaurant with new marina/dock j master building, parking areas and site drainage on a 3.27 acre parcel i I and a proposed boat yard and 71 parking stalls on a 4.74 acre adjacent parcel (5.6....-7-4.1) in the M-II Zoning District. ..._..---...._ ..................._.... - . ...._..-__.............._................---.-..._........-................................................._...._.. _Status:--- - --- - Approved......--- ....... ---................._............................---................................__.._._.............._.............--....._........._....._.............._....._ --.....__.......................................-- Action_ Review request for changes to Approved Site Plan. _� _ Attachments: Staff Re ort ......._.._..__....---.........................._....._.......__.........__......................................_...---..........._.-...._.._.............._._......---- .._...__..................................-----............................_....._..-._..........._,-......................._................._.-....._........_......._..._....._..._...................._._._......._.._..............._......-- Project name: I James Creek Landing SCTM#: 1000-122-3-1.4 ........__.._.._.......__......_.............................................._...................._...._._............._..----..__.._.._...._.........._......_.._..__...._...._........_.... ----...................-----......................................._....................___._...--_........_.................__......................----..................._....__....................... i Location: West side of Main Road, approx. 2.80' south of New Suffolk Ave., Mattituck _....._..._.._.................._...._.................._......._.__._..._........................_.._....__.............._....._..................--......... --- Description: This is a Standard Subdivision of a split-zoned parcel into five lots. -........__......__...._._.....__.._..__._..._.................................:_ - --- ...._........................_.. -....-- ................................_...._....---..................._..........__ .._......... ._.._.._...._....__...__................... ---................................ Status: Conditional Preliminary Approval _ __........................._..._.....-_...----......_.....................................--....._................__......._......_._....................................---.......... , Action:--.....__.._.............................................. Status..._Up-date... .................. i Attachments........:.........................._....w.__Staff_Report ----.._..................... .._.........._._.........._........__...----.._.._._......................................._..--- - _..........................---..-...._....._...........-----.-......................................-.........,............ ---.................,....................._._...................................-................._......................... - ._.....: Project Name: Skwara, The Estate of Joyce ; SCTM#: i 1000-86-1-14 ............................._............--......-------.._...._...._............................. .. ................................_._......_...__........._....._.. ___....._........._...._,..._................._......................_....__._......_....-.............__.._.._................._...._................ Location: 3720 Wells Road, Peconic ........................._....................I............ ---...................................._...... - -...__......_...._...._.._........ ........................._....._._..._..__.. . .............._......_..__..__.............................._._........................................-- ................................._......__......_.............._.................................................... Description: This proposal is for a Standard Subdivision of a 1.77 acre parcel where in 1989 the Zoning Board of Appeals granted an area variance to allow for this parcel to be subdivided into two lots where Lot 1 equals 0.92 acres and Lot 2 equals 0.85 acres, located in the R-80 Zoning District. ...._................_....._._.._.._......................................................._..............._......................._..---...._..._.._.....................................---......_.._....._......................_......----._............-._......................._.._...__... ---.........._....._...._._............................._..................-.................................._...._........................._......... ; Status: Conditional Preliminary Plat Approval .............._....................... ...................................._.... -- -- -. -........................ ............... _.. . ................ _..-- ......... Action: Review for Final Approval. _._...- ................................_. ...__._._.. ............... .. ........... ................... ....._..........__..._................ _.._........................... ............._......_......... _.._.._.__. _ . ... Attachments: Staff Report _......._....._...._..........._............................_.__._..................... Submission Without a Cover Letter Sender: C�V'1 s Sku,,- AoC Subject: Y\(x wve,(- Qa( SCTM#: 1000 - D ECE � �I � Date: ��//��LI DEC 1 ,5 2014 Southold Town Comments: Planning Board DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 12th day of December, 2014, by Christopher R. Showalter and Joanne C. Showalter, Owners of Showalter Farms LLC, presently residing at 1015 Orchard Lane, Southold NY 11971, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate on 18625 Main Rd. Mattituck NY 11952, Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Zoning Board of Appeals of the Town of Southold for a Special Exception for Stables and Riding Academy; and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold for a site plan to use the Property as a horse farm, stables and riding academy, as shown on the site plan entitled Showalter Farm- Mattituck NY, prepared by Newschick and Silverman Architects PC, and last dated November 18, 2014; and WHEREAS, for and in consideration of the.granting of said Special Exception and site plan approvals for the Property as a condition of granting said approvals, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the access to the street for the Property is on State Route 25; and WHEREAS, Noah's Path (a/k/a Theresa Lane) is a paved dead end'street approximately 275' in length that connects to the residential neighborhood along Gabriella's Court, Mattituck, and terminates at the Property in the area of the development rights sold portion of the Property; and WHEREAS, access over Noah's Path for commercial traffic connected to the use of the Property has been found to be inappropriate; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed; does hereby make known,.admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with.the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. Ingress and egress is prohibited to the Property through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only. The within Covenant and Restriction shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended subsequent owners of the remises unless and until approved b a majority plus one vote of by subseq p pp y � y the Planning Board of the Town-of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of this covenant and restriction shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of this covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenant and restriction is intended for the benefit of and shall be enforceable by the Town of Southold,'State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of this covenant and restriction has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenant and restriction set forth herein. The failure of the Town of Southold or any of its. agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever'upon the Town of Southold or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. Schedule A (Attached) DECLARANT: By: 1��+ . X-1 c _ S SI C, R• �1�7wA�`�� ' STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) 1- � C h ry �o ,O�this,2 day of l7e«h�bcritl the year 20 before me personally appeared `f oanne Shcw-o i-y -r- , known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ELIZABETH COLEMAN ` Notary Public,State of New York No.01C06158353 "Otry Public Qualified in Suffolk Count+ Commission Expires Jan.02,2 1 `? i SCHEDULE A •A11 that certain plot,piece or parcel of land,situate,lying and being at Mattituck,Town of Southold,County of Suffolk and State of New York,bounded land described as follows: PARCEL I BEGINNING at a point which is the southwesterly corner of the premises about to be described,which said point is distant the following two(2)courses and distances from amonument on the northerly side of Main Road(State Route 25)distant 1,190+ feet westerly-from the corner formed by the intersection of the easterly side of Elijah's Lane with the northerly side of Main Road (State Route 25): Course 1. Running along the northerly side of Main Roan, South 76 degrees 45 minutes 37 seconds West 244.00 feet, Course 2. Thence North 34 degrees 24 minutes 53 seconds West 298.33 feet to said point of BEGINNING. RUNNING THENCE from said point of beginning along land now or formerly of Henry Rutkoski and-Helen Rutkoski the following two(2)courses and distances: 1. North 34 degrees 24 minutes 53 seconds West 26.67 feet; 2. North 36 degrees 09 minutes 45 seconds West 2672.93 feet to land now or formerly of Long Island Railroad; RUNNING THENCE along said land now or formerly of Long;Island Railroad,North 46 degrees•14.minutes 2 i seconds East 336.89 feet to land,as shown on the Map of Elijah's Lane Estates, Section 3,filed 10/8/96 as Map Number 9913; RUNNING THENCE along said land or 'said map and along land on the Map of Elijah's Lane Estates, Section 2, filed 10/8/96 as Map Number 9912 the following eight (8)courses and distances: 1. South 40 degrees 09 minutes 50 seconds East 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East 423.50 feet; 3. South 34 degrees 42 minutes 50 seconds East 492.40 feet- , 4. South 38 degrees 31 minutes 50 seconds East 643.60 feet; 5. South 37 degrees 02 minutes 50 seconds East 566.37:feet; 6. South 37 degrees 36 minutes 50 seconds East 297.63 feet; 7. South 36 degrees'32 minutes 50 seconds East 162.95 feet; 8. South 38 degrees 30 minutes 50 seconds East 101.20 feet to land ofNew York State (Recharge Area); RUNNING THENCE along land of New York State South 51 degrees 30 minutes 17 seconds West 170.98 feet to a monument; RUNNING THENCE westerly through land of Agnes B..Graboski, which line is also the northerly side of Parcel II,South 76 degrees 45 minutes 37 seconds West 230.30 feet to the point or placeof beginning. SUBJECT TO an Agricultural exemption assessment pursuant to Article 25-AA of the Agriculture and Markets Law. and .PARCEL 11 ALL that certain plot,piece or parcel of laud,with the buildings and improvements thereon erected,situate,lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the northerly side of Main Road where the same is intersected by the South West corner of land of New York State(Recharge Area)and the South Fast corner of the premises about to be described herein;said point being also distant l 190 feet more or'less westerly as measured along the northerly side of Main Road from the corner formed by the intersection ofthe easterly side of Elijah's Lane with the northerly side of Main Road; RUNNING THENCE frorri'sai d point or place of beginning along the northerly sideofMain Road,South 76 degrees 45 minutes'37 seconds West 244.00 feet to land now or formerly of Edward F.Rutkoski; RUNNING THENCE along said,land now or formcrly ofEdward F.Rutkoski add along land now of Henry Rutkoski and Helen Rutkoski*North 34 degrees 24'minutes 53 seconds West 298.33 feet; RUNNING THENCE easterly through land now or formerly of Agnes B.Graboski North 76 degrees 45 minutes 3 7 seconds East 230.30 feet to a monument set on the Northwest corner of land of New York State(Recharge Area); RUNNING THENCE along said land of New York'State(Recharge Area)South 36 degrees 49 minutes 33,seconds East 303.55 feet to the point or place of beginning. -F DECLARATION OF COVENANTS AND RESTRICTIONS ECLARATION made this 11 day of 'W5MM• , 20_, by C. presently residing at W JAS �°[ tW°IW• , hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate on %� k%M mo,%'IATA RS;2 , Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A° annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Zoning Board of Appeals of the Town of Southold for a Special Exception for Stables and Riding Academy; and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold for a site plan to use the Property as a horse farm, stables and riding academy, as shown on the site plan entitledsllo P 1 prepared by ,% h r r last dated and WHEREAS, for and in consideration of the granting of said Special Exception and site plan approvals for the Property as a condition of granting said approvals, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the access to the street for the Property is on State Route 25; and DECEHE - 11 DEC 15 2014 Southold Town Planning Board WHEREAS, Noah's Path (a/k/a Theresa Lane) is a paved dead end street approximately 275' in length that connects to the residential neighborhood along Gabriella's Court, Mattituck, and terminates at the Property in the area of the development rights sold portion of the Property; and WHEREAS, access over Noah's Path for commercial traffic connected to the use of the Property has been found to be inappropriate; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. Ingress and egress is prohibited to the Property through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only. The within Covenant and Restriction shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of this covenant and restriction shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of this covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenant and restriction is intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of this covenant and restriction has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenant and restriction set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. Schedule A mss X52. PINDAR VINEYARDS LLC a New York limited liability company GRANTOR, TO SHOWALTER FARMS LLC a New York limited liability company GRANTEE BARGAIN AND SALE DEED WITHOUT COVENANTS AGAINST GRANTOR'S ACTS District: 1000 Section: 108.00 Block: 04.00 Lots: 001.003 and 001.004 County: Suffolk Town: Southold Return by Mail to: Peter McGreevy, Esq. McGreevy & Henle, LLP 131 Union Avenue Riverhead,New York 11901 LXF/D928467v 1/M063710/C0049930 t - 1 THIS INDENTURE, made the day of December, 2013 between Pindar Vineyards LLC, a New York limited liability company, having an address at 591-A Bicycle Path, Port Jefferson Station, New York 11776 ("Grantor"), and Showalter Farms LLC, a New York limited liability company having an address at 1015 Orchard Lane, Southold, New York 11971 ("Grantee"). WITNESSETH: That the Grantor, in consideration of Ten ($10.00) Dollars paid by the Grantee,, does hereby grant and release unto the Grantee, the heirs or successors and assigns of the Grantee.forever ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York and being more particularly bounded and described on Schedule A annexed hereto and made- a part hereof. TOGETHER with all right, title and interest, if any, of the Grantor of, in and to any streets and roads abutting the premises to the center line.thereof, Being and intended to be the same premises as described in deed made by Agnes B. Graboski, recorded 09-09-99, Liber 11988 page 152. TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises, TO HAVE AND TO HOLD, the premises herein granted unto the Grantor, the heirs or successors and assigns of the Grantee forever. AND the Grantor, in compliance with'Section 13 of the Lien Law, covenants that the Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement . before using any part of the total of the same for any other purpose. The words "Grantor and Grantee" shall be construed as if they read "Grantors and Grantees" whenever the sense of this indenture so requires. LXF/D928467v 1/M063710%C0049930 2 IN WITNESS WHEREOF,the Grantor has duly executed this deed the day and year first above written. In presence of: PINDAR VINEYARDS LLC a New York limited liability company By. Name: flerodotus Damianos Title: Managing Member STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) On the 5th day of December in the year 2013, before me, the undersigned, personally appeared HERODOTUS DAMIANOS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ary Public Now Pf'bfir,State of Naih, LXF/D928467v1/M063710/C0049930 3 SCHEDULE A All that certain plot,piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: PARCEL I BEGINNING at a point which is the southwesterly corner of the premises about to be described,which said point is distant the following two (2)courses and distances from a monument on the northerly side of Main Road (State Route 25) distant 1,190+ feet westerly from the corner formed by the intersection of the easterly side of Elijah's Lane with the northerly side of Main Road (State Route 25): Course 1. Running along the northerly side of Main Road, South 76 degrees 45 minutes 37 seconds West 244.00 feet, Course 2. Thence North 34 degrees 24 minutes 53 seconds West 298.33 feet to said point of BEGINNING. RUNNING THENCE from said point of beginning along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two (2) courses and distances: 1. North 34 degrees 24 minutes 53 seconds West 26.67 feet; 2. North 36 degrees 09 minutes 45 seconds West 2672.93 feet to land now or formerly of Long Island Railroad; RUNNING THENCE along said land now or formerly of Long Island Railroad,North 46 degrees 14 minutes 21 seconds East 336.89 feet to land as shown on the Map of Elijah's Lane Estates, Section 3 filed 10/8/96 as Map Number 9913; RUNNING THENCE along said land on said map and along land on the Map of Elijah's Lane Estates, Section 2, filed 10/8/96 as Map Number 9912 the following eight (8) courses and distances: 1. South 40 degrees 09 minutes 50 seconds East 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East 423.50 feet; 3. South 34 degrees 42 minutes 50 seconds East 492.40 feet; 4. South 38 degrees 31 minutes 50 seconds East 643.60 feet; 5. South 37 degrees 02 minutes 50 seconds East 566.37 feet; 6. South 37 degrees 36 minutes 50 seconds East 297.63 feet; 7. South 36 degrees 32 minutes 50 seconds East 162.95 feet; 8. South 38 degrees 30 minutes 50 seconds East 101.20 feet to land of New York State (Recharge Area); RUNNING THENCE along land of New York State South 51 degrees 30 minutes 17 seconds West 170.98 feet to a monument; RUNNING THENCE westerly through land of Agnes B. Graboski, which line is also the northerly side of Parcel-11,South 76 degrees 45 minutes 37 seconds West 230.30 feet to the point or place of beginning. SUBJECT TO an Agricultural exemption assessment pursuant to Article 25-AA of the Agriculture and Markets Law. and PARCELII ALL that certain plot,piece or parcel of land;with the buildings and improvements thereon erected,situate,lying and being at Mattituck,in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road where the same is intersected by the South West corner of land of New York State(Recharge Area)and the South East corner of the premises about to be described herein; said point being also distant 1190 feet more or less westerly as measured along the northerly side of.Main Road from the comer formed by the intersection of the easterly side of Elijah's Lane with the northerly side of Main Road; RUNNING THENCE from said point or place of beginning along the northerly side of Main Road,'South 76 degrees 45 minutes 37 seconds West 244.00 feet to land now or formerly of Edward F. Rutkoski; RUNNING THENCE along said land now or formerly of Edward F.Rutkoski and along land now of Henry Rutkoski and Helen Rutkoski North 34 degrees 24 minutes 53 seconds West 299.33 feet; RUNNING THENCE easterly through land now or formerly of Agnes B.Graboski North 76 degrees 45 minutes 37 seconds East 23 0.3 0 feet to a monument set on the Northwest corner of land of New York State (Recharge Area); RUNNING THENCE along said land of New York State(Recharge Area)South 36 degrees 49 minutes 33 seconds East 303.55 feet to the point or place of beginning. oF so�ryol y, � � o Town Hall Annex Telephone(631)765-1802 54375 Main Road Fax(631)765-9502 P.O.Box 1179 G • �Q Southold,NY 11971-0959 �Ol',C�UI11, BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM DEE CE � WE TO: Donald J. Wilcenski, Planning Board Chairman DEC 1,2 2014 Southold Town FROM: Michael J. Verity, Chief Building Inspector Planning Board DATE: December 12, 2014 REQUIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION Project: Showalter Farms LLC Location: 18625 NYS Route 25, Mattituck SCTM# 1000—Section 108-Block 04—Lot 1_4 Date: June 20, 2014 Revised Date: November 18, 2014 1. ALL BUILDINGS AND USES SHALL COMPLY WITH CHAPTERS 144 AND 280 OF THE SOUTHOLD TOWN CODE. 2. OFF STREET PARKING BY AUTHORITY OF THE PLANNING BOARD. 3. ALL FENCING, SCREENING AND LANDSCAPING BY AUTHORITY OF THE PLANNING BOARD. 4. THE PROPOSED USE Agricultural Operation IS A PERMITTED USE IN THIS AC DISTRICT AND IS SO CERTIFIED. 5. THE PROPOSED USE *RIDING ACADEMY IS A PERMITTED USE, BY SPECIAL EXCEPTION, IN THIS AC DISTRICT AND IS SO CERTIFIED. *See ZBA File# SE 6778 (December 04, 2014) Michael J. Verity �! Chief Building Inspector f MAILING ADDRESS: PLANNING BOARD MEMBERSOF soar P.O.Box 1179 DONALD J.WILCENSKI tiO�� yplo Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY �� 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR COMM Southold,NY Telephone:631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 16, 2014 Mr. Ray Nemschick, R.A. 160 Main Street Sayville, NY 11782 Re: Approval: Proposed Site Plan for Showalter Farms, LLC Located at 18625 NYS Rt. 25, ±1,190'w/o Elijah's La. & NYS Rt. 25, Mattituck SCTM#1000-108-4-1.4 Zoning District: A-C/R-40 Dear Mr. Nemschick: The following resolutions were adopted at a meeting of the Southold Town Planning Board on December 15, 2014: WHEREAS, this proposed Site Plan is to construct one (1) 24' x 30' 3-stall portable barn, two (2) 24' x 10' 2-stall portable barns, an outdoor sand training area and twelve parking stalls, 2 trailer parking stalls on 24.2 acres in the A-C Zoning District, Mattituck; and WHEREAS, on June 20, 2014, the agent for the applicant, Ray Nemschick, submitted an application for Site Plan review; and WHEREAS, at a Work Session held on July 7, 2014, the Planning Board formally accepted the application for review; and WHEREAS, on July 17, 2014, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5, has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5 (c) (3) "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming"; and 0 Showalter Farms, LLC [2] December 16, 2014 WHEREAS, on July 24, 2014, the Mattituck Fire Commissioners reviewed the proposed Site Plan and determined that there was adequate fire protection; and WHEREAS, on July 26, 2014, the Southold Town Fire Inspector reviewed the proposed Site Plan and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on July 29, 2014, the Southold Town Engineering Inspector reviewed the proposed Site Plan to Chapter 236 and required additional information; and WHEREAS, on July 29, 2014, the Town of Southold LWRP Coordinator reviewed the above-referenced project and determined the proposed project to be consistent with Southold Town LWRP Policies; and WHEREAS, on August 4, 2014, a public hearing was held and closed for the above- referenced application with written comments being accepted for an additional two (2) weeks from the date of the hearing; and WHEREAS, at a Work Session held on August 18, 2014, the Planning Board considered the public input from the public hearing and written comments and required certain revisions to the Site Plan and those revisions were made to the satisfaction of the Planning Board; and WHEREAS, on October 6, 2014, the Southold Town Engineer reviewed the above- referenced application and determined that the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on November 10, 2014, the Zoning Board of Appeals issued a decision for File #SE6778, granting a Special Exception for stables/riding academy in an A-C Zoning District with ten (10) conditions. These conditions are included on the Site Plan as follows: 1. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within the classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant; 2. This Special Exception Permit requires an Operating Permit and inspection by a Building Inspector from the Building Department that must be renewed annually. It is the applicant's responsibility to contact the Building Department on an annual basis to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein; 3. The Special Exception Permit granted herein is subject to Site Plan Approval from the Planning Board; 4. Notwithstanding the provisions of this Chapter 205 of the Town Code, no more than six (6) single Special Events may be held annually at the subject property, subject to the issuance of a Special Event Permit; Showalter Farms, LLC [3] December 16, 2014 5. Ingress and egress is prohibited through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only; 6. The development rights sold parcel (SCTM#1000-108-4-1.4) shall only be used by the boarders of Showalter Farms, LLC or any other entity operating the boarding operation and shall not be used in any manner by the public and/or riding academy patrons. For the purposes of this Special Exception, the term "boarders" shall be defined as "persons who own a horse boarded at the subject parcel or persons who have a long term lease (six months or longer) from the owner of a horse which is boarded at the subject parcel'; 7. Horse manure shall not be stored within 150 feet of any property line; 8. Horse manure shall be removed a minimum of once per week (note that this condition is the revised time-frame for manure removal, revised by the ZBA in a decision dated December 11, 2014); 9. This Special Exception Permit incorporates the terms of the Land Preservation Committee Approval dated December 2, 2014; 10.In the event that a Building Permit is submitted to construct an indoor riding ring at the subject property, a new application for a Special Exception Permit must be applied for; and WHEREAS, on December 12, 2014, the Southold Town Chief Building Inspector reviewed and certified the proposed stables/riding academy as a permitted use in the A- C Zoning District by Special Exception pursuant to ZBA File#SE6778; and WHEREAS, at their Work Session on December 15, 2014, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280— 130 Site Plan Approval of the Town of Southold, have been met; therefore be it RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board grants Approval with Two (2) Conditions to the Site Plan entitled "Showalter Farm", prepared by Raymond W. Nemschick, dated June 20, 2014 and last revised November 18, 2014. Conditions: 1. To be fulfilled prior to the stamping of the approved plan: file a Covenant and Restriction with the Office of the Suffolk County Clerk as required by the Planning Board stating "Ingress and egress is prohibited to the Property through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only"; 2. This Site Plan is subject to the ten (10) ZBA conditions listed on the Site Plan pursuant to ZBA F ile #SE6778 issued November 10, 2014, amended December 4, 2014. R Showalter Farms. LLC [ 4] December 16 2014 Please also note the following requirements in the Southold Town Code relating to Site Plans: 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. Please call the Southold Town Engineer prior to beginning this work. 4. Approved Site Plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 5. Any changes from the Approved Site Plan shall require prior Planning Board approval. 6. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman By signing this letter, the applicant acknowledges that there are Town Code requirements and conditions, including those listed above, that must be satisfied prior to the issuance of a rtificate of Occupancy. Print name:Fk4 Applicant/Agent Signature: Date: -IT • 0 MAILING ADDRESS: PLANNING BOARD MEMBERS �QF SQUly P.O. Box 1179 DONALD J.WILCENSKI ��� DSO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY OQ 54375 State Route 25 JAMES H.RICH III Q (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �yCOU NT`I Southold, NY Telephone: 631 765-1938 www.southoldtowuny.gov PLANNING BOARD OFFICE - TOWN OF SOUTHOLD F5- December December 16, 2014 li II � DEC 1 7 2014 i i Mr. Ray Nemschick, R.A. I 160 Main Street T Tr'LD Sayville, NY 11782 --- Re: Approval: Proposed Site Plan for Showalter Farms, LLC Located at 18625 NYS Rt. 25, ±1,190' w/o Elijah's La. & NYS Rt. 25, Mattituck SCTM#1000-108-4-1.4 Zoning District: A-C/R-40 Dear Mr. Nemschick: The following resolutions were adopted at a meeting of the Southold Town Planning Board on December 15, 2014: WHEREAS, this proposed Site Plan is to construct one (1) 24' x 30' 3-stall portable barn, two (2) 24' x 10' 2-stall portable barns, an outdoor sand training area and twelve parking stalls, 2 trailer parking stalls on 24.2 acres in the A-C Zoning District, Mattituck; and WHEREAS, on June 20, 2014, the agent for the applicant, Ray Nemschick, submitted an application for Site Plan review; and WHEREAS, at a Work Session held on July 7, 2014, the Planning Board formally accepted the application for review; and WHEREAS, on July 17, 2014, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5, has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5 (c) (3) "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming"; and a i "( l( Agriculture STAT E F and Markets P ALA W A14DREW M CU011V110 RIIGII IRI) A. 11 .LI... Governor Coinm�ssioinei� EcNVE 0 May 28, 2015 IJ�������N 1 2 1 d1ld Yawn Honorable Scott Russell, Supervisor Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Agriculture and Markets Law Section 305-a(1) Review Concerning the Administration of the Town's Zoning Code With Respect to the Operation of a Commercial Equine Operation on Showalter Farms, LLC Dear Supervisor Russell: On May 15, 2015 the Department received a request from Joanne Showalter to review the Town of Southold's Zoning Code as applied to her farm operation. The Showalters are establishing a commercial horse boarding and equine operation that will board, train, raise and breed performance horses. The Showalters also plan to offer riding lessons to the public and hold horse shows for boarders and riders associated with the farm. As discussed in the Department's April 4, 2014 and October 1, 2014 letters (copies enclosed) to the Town, these activities are protected as part of a farm operation under AML §305-a (1). In Ms. Showalter's May 15, 2015 submission to the Department, she indicated that she would like to board approximately 50 to 55 horses on the property, which is supported by her USDA Natural Resources Conservation Service's grazing plan, dated February 20, 2015. Ms. Showalter stated that she would also like to construct an in-door riding arena to support her boarding/training activities and would like the Department to review the ZBA's Special Exception permit requirements for compliance with AML §305-a(1). In Danielle Cordier's October 1, 2014 letter to former Town Attorney Martin Finnegan, Ms. Cordier stated that the Department will review any conditions placed upon the site plan by the Planning Board or by the ZBA for compliance with AML §305-a (1). On November 10, 2014, the ZBA granted a Special Exception permit to Showalter Farms, LLC for a stable/riding academy in an A-C Zoning District. The ZBA's Special Exception permit contained ten conditions. Those ten conditions were also inserted within the Planning Board's approval of the site plan for Showalter Farms. The site plan was approved by the Planning Board on December 15, 2014. To require farm operations located within a county adopted, State certified agricultural district to operate pursuant to a special permit, generally, unreasonably restricts the farm operation in possible violation of AML § 305-a (1). In prior reviews, the Department has determined that when a site plan approval is required solely due to characterization of an agricultural use as a special use, the municipality's requirement that the farm undergo site plan review also unreasonably restricts the farm operation, in possible violation of AML § 305-a (1). Honorable Scott Russell, Supervisor Town of Southold 2I11age However, as explained in Dr. Somers's April letter to Supervisor Russell, the Department has supported a streamlined site plan review process. Whenever a local law or the administration of the law is found to be unreasonably restrictive, the Department evaluates whether it can be shown that the public health or safety is threatened by the farm operation or activity which the Town seeks to regulate. Prior to making a decision as to whether a local law unreasonably restricts a farm operation within an agricultural district, the Department considers all pertinent information submitted by the affected farm operator and the provisions of the local law involved. Any facts or circumstances that the Town may wish to bring to the Department's attention regarding the issues presented are also taken into account. The Town is encouraged to submit, within 30 days of receipt of this letter, any information or documentation which it would like the Department to consider. Once the review is completed, the Department will inform the Town of its determination and, if it is concluded that an unreasonable restriction exists, the Town will have an opportunity to submit any evidence it may have of a threat to the public health or safety. Thereafter, the Department will determine whether the local law and its administration are in compliance with §305-a, subd.1. If you have any questions, or would like to discuss the review process, please contact me at (518) 457-3738. If Bill Duffy, Esq., has any questions, he may contact Danielle Cordier, Senior Attorney, at (518) 457-2449. Sincerely, Michael Latham Director Encs. cc: Bill Duffy, Esq., Town Attorney Joanne Showalter, landowner Donald Wilcenski, Chairperson, Town of Southold Planning Board Leslie Kanes Weisman, Chairperson, Town of Southold Zoning Board of Appeals Ken Schmitt, Chair, Suffolk County AFPB Danielle Cordier, Esq., Counsel's Office, Dept. of A&M Robert Somers, Dept. of A&M . Division of Land and W. ��.. . ___ ___ ....m.y .... ater Resources 110B Airliner.Albany, N.Y., 122351 Number of division I www.agriculture.ny.gov . �?t " STATE OF NEW YORK DEPARTMENT OF AGRICULTURE&MARKETS 10B Airline Drive,Albany,NY 12235 518-457-4188 www.agriculture.ny.gov Andrew M.Cuomo Richard A.Ball Governor Acting Commissioner April 4, 2014 Honorable Scott Russell, Supervisor Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Agriculture and Markets Law Section 305-a(1) Review Concerning the Administration of the Town's Zoning Code With Respect to the Operation of a Commercial Equine Operation on Showalter Farms, LLC Dear Supervisor Russell: The Department received a request from Joanne Showalter to review the Town of Southold's Zoning Code as applied to her farm operation. Ms. Showalter stated that Showalter Farms, LLC, is a start-up commercial horse boarding and equine operation that will board, train, raise and breed performance horses. She stated that they also plan on offering riding lessons to the public. Ms. Showalter indicated that her property consists of 24 acres, of which 20 acres are encumbered by a conservation easement. On January 8, 2014, the Town of Southold's Land Preservation Committee issued a letter to Chris and Joanne Showalter identifying activities and uses permitted on the 20 encumbered acres. Ms. Showalter stated that riding lessons will only occur on the four acres that retained their development rights in compliance with the easement and the Zoning Code. In prior reviews, the Department has determined that while property burdened by a conservation easement is subject to the easement, the Department may still review the Town's administration of its Zoning Code with respect to the farm operation. In Ms. Showalter's request to the Department, she stated that plans were filed with the Southold Town Building Department to construct 8 horse stalls on her property. r The Building Department indicated that in all probability, her building permit application will be denied and sent to the Town's Planning Board and the Zoning Board of Appeals if the activity is considered a "riding academy" under Town Zoning. Ms. Showalter stated that the Zoning Code allows a "riding academy" as a "special exception" use. Honorable Scott Russell, Supervisor Town of Southold 2.1 Page Ihave enclosed' a copy of the Department's Guidelines for Review of Local Zoning and Planning Laws and Review of Local Laws Affecting Commercial Horse 6`)ai ciifrg Operations for your review. In general, the Department has not supported the application of special exception use permits for fdrrn operations located within a county adopted, State certified agricultural district. The Department has supported site plan review as long as the review is streamlined; similar to the process identified in the Review of Local Zoning and Planning Laws guideline. Prior to conducting its review, the Department would like to discuss the identified issues with you and Town Attorney Martin Finnegan. Please contact me at (518) 457- 3738 to schedule a conference call. 'If Mr. Finnegan, Esq. has any questions, he should contact Danielle Cordier, Senior Attorney, at (518) 457-2449. Sincerely, Voj cpm s, , h. Manager, Agricultural Protection Unit cc: Martin Finnegan, Esq., Town Attorney Joanne Showalter, landowner Donald Wilcenski, Chairperson, Town of Southold Planning Board Leslie Kanes Weisman, Chairperson, Town of Southold Zoning Board of Appeals Melissa A. Spiro, Land Preservation Coordinator Ken Schmitt, Chair, Suffolk County AFPB Danielle Cordier, Esq., Counsel's Office, Dept. of A&M Division of Land&Water Resources Phone: (518)457-3738 Fax: (518)457-3412 A a �w n STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive,Albany, New York 12235 Andrew M. Cuomo 518-457-8876 Fax 518-457-3087 Richard A. Ball Governor www.agmkt.state.ny.us Commissioner October 1, 2014 Martin Finnegan, Esq. Town Attorney, Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Agriculture and Markets Law §305-a (1) Review of the Administration of the Town's Zoning Code With Respect to the Operation of a Commercial Horse Boarding and Equine Operation on property owned by Showalter Farms, LLC located in Suffolk County Agricultural District No. 1 Dear Mr. Finnegan; The Department, by letter dated April 4, 2014 (copy enclosed), informed Supervisor Russell that Joanne Showalter requested a review of the Town of Southold's Zoning Code for compliance with Agriculture and Markets Law (AML) §305-a. The Showalters are establishing a commercial horse boarding and equine operation that will board, train, raise and breed performance horses. The Showalters also plan to offer riding lessons to the public and hold horse shows for boarders and riders associated with the farm. These activities are protected as part of a farm operation under AML §305-a (1) as further discussed in the attached guidance document on horse boarding/equine operations. The Showalters submitted a site plan to the Town's Planning Board which is currently under review. The Showalters also have an application pending before the Town's Zoning Board of Appeals; as Town Code §280-13(B) (12) provides that "stables and riding academies" are uses permitted by special exception. As discussed in prior reviews with the Town, the construction of on-farm buildings and the use of land for agricultural purposes within a county adopted, State certified agricultural district should not be subject to lengthy site plan review, special use permits or non-conforming use requirements. Ms. Showalter has agreed to submit to site plan review in the hope that the process would move forward in a more expeditious manner than would have happened if the Department was involved. Department staff spoke with Mr. Stephen Kiely, Assistant Town Attorney, in July 2014 who explained that he works with the Planning Board, acknowledged the Department's streamlined site plan review process and indicated the application and review process are moving forward. We understand, however, that the site plan is still undergoing review. Martin Finnegan, Esq. Town of Southold Page 2 Town Law §274-b (1) allows a town board to authorize a planning board or other designated administrative body to grant special use permits as set forth in a zoning ordinance or local law. "Special use permit" is defined as "...an authorization of a particular land use which is permitted in a zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such requirements are met. Agricultural uses in an agricultural district are not, however, "special uses." They are constitutionally recognized land uses which are protected by AML § 305-a (1). Further, agricultural districts are created and reviewed locally through a process which includes public notice and hearing, much like zoning laws are adopted and amended. Therefore, absent any showing of an overriding local concern, an exemption from special use permit requirements should be provided to farm operations located within an agricultural district. In light of the purposes of an agricultural district, to require farm operations located within a county adopted, State certified agricultural district to operate pursuant to a special permit, generally, unreasonably restricts the farm operation in possible violation of AML § 305-a (1). In prior reviews, the Department has determined that when a site plan approval is required solely due to characterization of an agricultural use as a special use, the municipality's requirement that the farm undergo site plan review also unreasonably restricts the farm operation, in possible violation of AML § 305-a (1). As explained in Dr. Somers's April letter to Supervisor Russell, however, the Department has supported streamlined site plan review. It is our understanding that the ZBA meets on October 2, 2014. The Department will review any conditions placed upon the site plan by the Planning Board or by the ZBA for compliance with AML §305-a (1). We would like to discuss these issues with you further during a conference call between the Town and Department staff (Mike Latham, Division Director; Bob Somers and myself). Please e-mail me (danielle.cord ieraagriculture.ny.gov) with suggested times and dates if you are available to speak with the Department. Thank you for your cooperation and assistance. rely, Danielle Cordier, Esq. Senior Attorney Enclosure cc: Michael Latham, Director, Div. of Land and Water Resources, Dept. of A&M Bob Somers, Dept. of A&M Joanne Showalter, landowner Submission Without a Cover Letter Sender: C�s Subject: S�Of SCTM#: 1000 iDIE C E � VE DEC 17 2014 Date: 6/�A Southold Town Planning Board Comments: i • CC#: C14-50300 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 12/16/2014 under Liber D00012800 and Page 342 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 12/16/2014 SUFFOLK COUNTY CLERK �i1.oGcx-.L Q. �a.a�Pii l� JUDITH A.PASCALE SEAL I IIIIIII IIII VIII VIII VIII IIII'IIID VIII VI I I IIII III Ilill(IIII VIII IIII II I I SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 12/16/2014 Number of Pages: 7 At: 12 :49:55 PM Receipt Number : 14-0165358 LIBER: D00012800 PAGE : 342 District: Section: Block: Lot: 1000 108 . 00 04 .00 001 .003 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 NO Handling $20. 00 NO COE $5. 00 NO NYS SRCHG $15.00 NO TP-584 $0. 00 NO Notation $0.00 NO Cert.Copies $8. 75 NO RPT $120 .00 NO Fees Paid $203 .75 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County la • Number of pages RECORDED 4:014 Dec 1.6 12:49:55 PM JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK CO!NT'v' record. Please remove all L D0001""2800 Social Security Numbers F' 4'2 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Reco ding/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 Pd. _ Sub Total Spec./Add. EA-5 ( TOT. MTG.TAX d� Dual Town Dual County R T.S.A. zoHeld for Appointment Co 5. 00 Transfer Tax Affidavit Mansion Tax `c ? The property covered by this mortgage isorY tNy fied Co or will be im roved b a one or two rcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total f If NO,see appropriate tax clause on page# of 4 TDist. 2849866 5 Community Preservation Fu d sC � �`fEl� Real Propert P T S u Consideration Amount $ Tax Servicf R RMO A IIIIIIII�III�III�IIII�IIIII�IIIIIIIII� Agency 16-DEC-1 CPF Tax Due $ Verificatioi Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land "J�`7 GC'. TD C TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached • �� 11(A-rI D Pj made by: (SPECIFY TYPE OF INSTRUMENT) -5� StE-1770)Ak!`> �40 `N�t"� -"FDV The premises herein is situated in SUFFOLK COUNTY,NEW YORK. -t- TO In the TOWN of 1 S� U GI UcAa)O - ` AJ04)ls) In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-0104..10/08kk (over) (RRIVIO T S • Stat I D. 2849866 ADEC-14 Tax Maps District Secton Block Lot School District 1000 10800 0400 001003 1000 10800 0400 001004 a DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 12`h day of December, 2014, by Christopher R. Showalter and Joanne C. Showalter, Owners of Showalter Farms LLC, presently residing at 1015 Orchard Lane, Southold NY 11971, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate on 18625 Main Rd. Mattituck NY 11952, Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Zoning Board of Appeals of the Town of Southold for a Special Exception for Stables and Riding Academy; and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold for a site plan to use the Property as a horse farm, stables and riding academy, as shown on the site plan entitled Showalter Farm- Mattituck NY, prepared by Newschick and Silverman Architects PC, and last dated November 18, 2014; and WHEREAS, for and in consideration of the granting of said Special Exception and site plan approvals for the Property as a condition of granting said approvals, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the access to the street for the Property is on State Route 25; and 9 WHEREAS, Noah's Path (a/k/a Theresa Lane) is a paved dead end street approximately 275' in length that connects to the residential neighborhood along Gabriella's Court, Mattituck, and terminates at the Property in the area of the development rights sold portion of the Property; and WHEREAS, access over Noah's Path for commercial traffic connected to the use of the Property has been found to be inappropriate; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. Ingress and egress is prohibited to the Property through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only. The within Covenant and Restriction shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of this covenant and restriction shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or • • held,to be unconstitutional, the same shall not affect the validity of this covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenant and restriction is intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of this covenant and restriction has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenant and restriction set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. Schedule A (Attached) DECLARANT: B . tja�NIl31E Sflc'vogC_'TEt STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) ti h fJ�n thi day of l2e-!f en1 win the year 20_L� before me personally appeared `/0anoe '5hqu..)aj4 -- , known tome or proved tome on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ELIZABETH COLEMAN , I',otary Public,State of New York No.01b06158353 ialified in Suffolk Count, S of ry Public _..:..:cion Expires Jan,02,2a.> SCHEDULE A All that certain plot,piece or parcel of land, situate,lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: PARCEL I BEGINNING at a point which is the southwesterly corner of the premises about to be described,which said point is distant the following two(2)courses and distances from amonument on the northerly side of Main Road (State Route 25)distant 1,190+feet westerly.&om the corner formed by,the intersection of the easterly si de of Elijah's Lane with the northerly side of Main Road (State Route 25): Course 1. Running along the northerly side of Main Road, South 76 degrees 45 minutes 37 seconds West 244.00 feet, Course 2. Thence North 34 degrees 24 minutes 53 seconds West 298.33 feet to said point of BEGINNING. RUNNING THENCE from said point of beginning along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two(2)courses and distances: L North 34 degrees 24 minutes 53 seconds West 26.67 feet; 2. North 36 degrees 09 minutes 45 seconds West 2672.93 feet to land now or formerly of Long Island Railroad; RUNNING THENCE along said land now or formerly of Long island Railroad,North 46 degrees'14 minutes 21 seconds East 336. 89 feet to land as shown on the Map of Elijah's Lane Estates, Section 3 filed 10/8/96 as Map Number 9913; RUNNING THENCE along said land ori'said map and along land on the Map of Elijah's Lane Estates, Section 2, filed 10/8/96 as Map Number 9912 the following eight (8) courses and distances: I. Sodth 40 degrees 09 minutes 50 seconds East 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East 423.50 feet; 3. South 34 degrees 42 minutes 50 seconds East 492.40 feet; 4. South 38 degrees 31 minutes 50 seconds East 643.60 feet; 5. South 37 degrees 02 minutes 50 seconds East 5 66.3 7 feet; 6. South 37 degrees 36 minutes 50 seconds East 297.63 feet; 7. South 36 degrees 32 minutes 50 seconds East 162.95 feet; 8. South 38 degrees 30 minutes 50 seconds East 101.20 feet to land of New York State (Recharge Area); RUNNING THENCE along land of New York State South 51 degrees 30 minutes 17 seconds West 170.98 feet to a monument; RUNNING THENCE westerly through land of Agnes B. Graboski, which line is also the northerly side of Parcel II, South 76 degrees 45 minutes 37 seconds West 230.30 feet to the point or place of beginning. SUBJECT TO an -Agricultural exemption assessment pursuant to Article 25-AA of the Agriculture and Markets Law. and PARCEL II ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road where the same is intersected by the South West corner of land of New York State(Recharge Area)and the South East corner of the premises about to be described herein;said point being also distani'1190 feet more or'less westerly as measured along.the northerly side of Main Road from the corner formed by the intersection of the easterly side of Elijah's Lane with the northerly side of Main Road; RUNNING THENCE from-sai d point or place of beginning along the northerly side of Main Road,South 76 degrees 45 minutes'37 seconds West 244.00 feet to land now or formerly of Edward F. Rutkoski; RUNNING THENCE along said land now or formncrly of Edward F. Rutkoski and along lartd now of Henry Rutkoski and Helen Rutkoski'North 34 degrees 24'minutes 53 seconds West 298.33 feet; RUNNING THENCE easterly through land now or formerly of Agnes B.Graboski North 76 degrees 45 minutes 3 7 seconds East 230.30 feet to a monument set on the Northwest corner of land of New York State (Recharge Area); RUNNING THENCE along said land of New York State(Recharge Area)South 36 degrees 49 minutes 33•seconds East 303.55 feet to the point or place of beginning. 0 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, December 15, 2014 2:30 p.m. Southold Town Annex Board Room 2 Floor, Capital One Bank Building 1:30 p.m. Planning Board Training 2:00 p.m. Executive Session: Matters of Litigation 2:30 p.m. Applications ........................................_.....................-_._. ........ ...........................................------..................... ........................._..---.._.. Project Name: Showalter Farms SCTM#: 1000-108-4-1.4 __....._........._......_.....---...---- ....._-....._. _._...................._..._..........................._- __----.._..._..................__..._..............................._..............................................................._---- Location: 18625 Main Road ±1,190' w/o Elijah's Lane, Mattituck - - ..............._..._ ._............- ._.-._..._..._....._...._....................__.- ................................................................-- -. -......-.............................._..................._...._......__......._._............._......_.............. Description: This proposed Site Plan is to construct Phase One of a riding academy, and includes one 24' x 30' (720 sq. ft.) 3-stall barn, two 24' x 10' (240 sq. ; ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270'; and ei ht 8 arkin stalls on 24 2 acres in the A-C Zonin District r........_....._.........._. _........_....._..........__._-_......._............_...........g........_._..�1._.p g--- ----...._...._................_........._..__...._....__..._...........................----..__._........... ............................._....___........__......... Status: ........................._...._-. --.._........--................................- _.._............_...._..........._....._...__._..._......................._..................................................__.........................._ Action: Review revised Site Plan. ..............__....._.._...._...._.....----..._.......----................._..................--._._........._..............._.........__............_....._._.__........................_.__...----.............---------.........................................................._...........................................----........_.._............... Attachments: Staff Report ........._............_.._..__.....................---..........._........................-------.._............................................_........_..-----._.._......................................................_......................................................................_...........--.--........................_..................._............._._.__.._._..._................_........... Project name: Mill Creek Inn & Marina SCTM#: 1000-56-7-2 ... .... . ... _. Location: 64300 NYS Route 25, on south side of Rt. 25, 424' west of Dolphin Drive,! 4_Greenport........---- ----..._ .......... ----- - - __..__........------....._... _....----....._..-----............_.. ----._._........_............_ Description: This Site Plan is for the proposed improvement and renovation to an existing 50 slip marina & 8,989 s.f. restaurant with new marina/dock master building, parking areas and site drainage on a 3.27 acre parcel and a proposed boat yard and 71 parking stalls on a 4.74 acre adjacent ..parcel (56-7-4.1)!n._the..._M.-_._...._Zo.nin....._District..................................._-----.....__.._..........................._.....-------...............----_..... _..__......._........_....__...._..._......_._..._...._.................. , Status: =------- : A roved . ...... .... . _..............................................................---..._.._.._._.....................---..............................._...-...._--.............._....._.._ —._........... .........._....................................................... Action, _ _ _ Review request for changes to Approved Site Plan. ..............-.... --._..................... . . . ----........ ..g .. . ...................._.._.__..__ ..................................._..._..._.._.................---._._........._.i Attachments ......................_...................... Staff Report.._......_...- --....._..._.............................._....._......._..._............................... _... ---.._..................._...-._....-_._...........__._._.._................................_.__............................................_..._..--.._.................._........._....._......_...._._..........._.............-r- -._.. ._...._.._......_..._:-....__.._..........................................._.._.............._......................._.__.._......._.._._. ._._............... Project name: James Creek Landing SCTM#: 1000-122-3-1.4 ....__.J.........._....._.__................ _......_.....----................_...... .._.__.................................. -----.._..__._.._.........-............. -- - .._... ............................................. __.... __........................._._...._._ . Location: West side of Road, approx. 280' south of New Suffolk Ave. Mattituck -- .._..._.._._..... . .........._......................... _._._._.._.......... ._..........- ..._.............--......................_......................_...._ Description: This is a Standard Subdivision of a split zoned parcel into five lots. ........._........__....p....................................._...... . ._.....,..........................._.........................._._....._...._._. ....--.............._...---._PP......._......---- _....__.. . -._...... ._... .............................._................................;..._Conditional Prelimina�Y.._A............._roval.._................. ............................_....... ... ......... Action: Status Up-date.................................................................................................................................................................................................................... _._._._.._....._._............_..............._......_._._._........................ .............._._..................... ........._---......................---._..._...................__._.................................................. Attachments: Staff Report......_.... .............................................................................................................................................................. .._.....__._........._......_._...............__......_......._....._....................................................._......................_ . .. ......._........................................_........._.................................._......................_............................................................: ...............----................................_.._._.._.....---........................................-........._..............................................................._..................................................................................._...................................................._.......................,..............................................._..............................__......................... Project ..._..........................................................._..............................................._........................................................................................................ ..................................................................................................................................__......_.._.......................................................: Location: 3720 Wells Road, Peconic ..............................................................................................................................................................................................................................................................................................................................................._.................._..................................... .......... Description: This proposal is for a Standard Subdivision of a 1.77 acre parcel where in 1989 the Zoning Board of Appeals granted an area variance to allow for this parcel to be subdivided into two lots where Lot 1 equals 0.92 acres and Lot 2 equals 0.85 acres, located in the R-80 Zoning District. ...... . .. . Status: Condition_a_I._PreliminaryPlat Approval......... . . ....................................................... ...... pp Action: ' Review for Final Approval. .............................................:............................................................................................................................................................................................................................................................................................................................................................................................................................ Attachments: Staff Report ........................... . Submission Without a Cover Letter Sender: C Y t6 S �C� \ Subject: s kcx 0 e,l SCTM#: 1000- DECEHE Date: ��//S//1� DEC 15 2014 Southold Town Comments: Planning Board DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 12th day of December, 2014, by Christopher R. Showalter and Joanne C. Showalter, Owners of Showalter Farms LLC, presently residing at 1015 Orchard Lane, Southold NY 11971, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate on 18625 Main Rd. Mattituck NY 11952, Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Zoning Board of Appeals of the Town of Southold for a Special Exception for Stables and Riding Academy; and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold for a site plan to use the Property as a horse farm, stables and riding academy, as shown on the site plan entitled Showalter Farm- Mattituck NY, prepared by Newschick and Silverman Architects PC, and last dated November 18, 2014; and WHEREAS, for and in consideration of the granting of said Special Exception and site plan approvals for the Property as a condition of granting said approvals, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the access to the street for the Property is on State Route 25; and 0 WHEREAS, Noah's Path (a/k/a Theresa Lane) is a paved dead end street approximately 275' in length that connects to the residential neighborhood along Gabriella's Court, Mattituck, and terminates at the Property in the area of the development rights sold portion of the Property; and WHEREAS, access over Noah's Path for commercial traffic connected to the use of the Property has been found to be inappropriate; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. Ingress and egress is prohibited to the Property through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only. The within Covenant and Restriction shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of this covenant and restriction shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or i • held to be unconstitutional, the same shall not affect the validity of this covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenant and restriction is intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of this covenant and restriction has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenant and restriction set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. Schedule A (Attached) DECLARANT: l (�v' By: 1�1• �7u_ f Cts► R. S�jwA�'�-R ' STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) C h rr.s�-a p _thy d � w, ay of De c en►tx�in the year 20��► before me personally appeared 'one 5how0.►- P'_r- , known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. ELIZABETH COLEMAN Notary Public,State of NewYork No.01C06158353 o ry Public Qualdied in Suffolk County Can+mission Expires tan.02,20I._ SCHEDULE A .All that certain plot,piece or parcel of land,situate,lying and being at Mattituck,Town of Southold,County of Suffolk and State of New York,bounded and described as follows: PARCEL I BEGINNING at a point which is the southwesterly corner of the premises about to be described,which said point is distant the following two(2)courses and distances from a'monument on the northerly side of Main Road(Store Route 25)distant 1,190+ feet westerly from the corner formed by.the intersection of the easterly side of Elijah's Lane wi th the northerly side of Main Road (State Route 25): Course 1. Running along the northerly side of Main RoacL South 76 degrees 45 minutes 37 seconds West 244.00 feet, Course 2. Thence North 34 degrees 24 minutes 53 seconds West 298.33 feet to said point of BEGINNING. RUNNING THENCE from said point of begimiing along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two(2)courses and distances: 1. North 34 degrees 24 minutes 53 seconds West 26.67 feet; 2. North 36 degrees 09 minutes 45 seconds West 2672.93 feet to land now or formerly of Long Island Railroad; RUNNING THENCE along said land now or formerly of Long Island Railroad,North 46 degroes•14 minutes 21 seconds East 336.89 feet to land as shown on the Map of Elijah's Lane Estates,Section 3 filed 10/8/96 as Map Number 9913; RUNNING THENCE along said land oa'said map and along land on the Map of Elijah's Lane Estates, Section 2, filed 10/8/96 as Map Number 9912 the following eight (8)courses and distances: 1. Sodth 40 degrees 09 minutes 50 seconds East 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East 423.50 feet; 3. South 34 degrees 42 minutes 50 seconds East 492.40 feet; 4. South 38 degrees 31 minutes 50 seconds East 643.60 feet; 5. South 37 degrees 02 minutes 50 seconds East 566.37 feet; 6. South 37 degrees 36 minutes 50 seconds East 297.63 feet; 7. South 36 degrees'32 minutes 50 seconds East 162.95 feet; S. South 38 degrccs 30 minutes 50 seconds East 101.20 feet to land ofNew York State (Recharge Area); RUNNING THENCE along land of New York State South 51 degrees 30 minutes 17 seconds West 170.98 feet to a monument; RUNNING THENCE westerly through land of Agmz B. Graboski, which line is also the nortberly side of Parcel II,South 76 degrees 45 minutes 37 seconds West 230.30 feet to the point or place of beginning. SUBJECT TO an Agricultural exemption assessment pursuant to Article 25-AA of the Agriculwre and Markets Law. and PARCEL II ALL that certain plot,piece or parcel of land,with the buildings and improvernents thereon erectod,situate,lying and being at Mattituck, in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the northerly side of Main Road where the same is intersected by the South West corner of land of New York State(Recharge Area)and the South East corner of the premises about to be described herein;said point being also distanrl 190 feet more or less westerly as measured along the nortlierly side of Main Road from the corner formed by the intersection of the easterly side of EUjah's Lane with the northerly side of Main Road, RUNNING THENCE from'sai d point or place of beginning along the northerlyside of Main Road,South 76 degrees 45 minutes'37 seconds West 244.00 feet to land now or formerly of Edward F.Rutkoski; RUNNING THENCE along said land now or formerly ofEdward F.Rutkoski and along land now of Henry Rutkoski and Helen Rutkoski'North 34 degrees 24minutes 53 seconds West 298.33 feet; RUNNING THENCE easterly through land now or formerly of Agnes B.Graboski North 76 degrees 45 minutes 37 seconds East 230.30 feet to a monument set on the Northwest corner of land of New York State(Recharge Area); RUNNING THENCE along said land of New York State(Recharge Area)South 36 degrees 49 minutes 33,seconds East 303.55 feet to the point or place of beginning. • � � � UPI DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 11 day of � B�R. , 20_, by �„U�Y�IZ �• S�r�pWR�`R�F-• S11ip'WR�� F� 1�L. 56�tt.MJ� C t�F , presently residing at Ir s. 0 : hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate on M-IS %%M RID,r " IA&Z , Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule"A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Zoning Board of Appeals of the Town of Southold for a Special Exception for Stables and Riding Academy; and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold for a site plan to use the Property as a horse farm, stables and riding academy', as shown on the site plan entitledS dSC,%Nqh w pr pled by t ,�� ''and-' last dated t\IN$l�0« .; and WHEREAS, for and in consideration of the granting of said Special Exception and site plan approvals for the Property as a condition of granting said approvals, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the access to the street for the Property is on State Route 25; and D EC, E AVE DEC 15 2014 Southold Town Planning Board WHEREAS, Noah's Path (a/k/a Theresa Lane) is a paved dead end street approximately 275' in length that connects to the residential neighborhood along Gabriella's Court, Mattituck, and terminates at the Property in the area of the development rights sold portion of the Property; and WHEREAS, access over Noah's Path for commercial traffic connected to the use of the Property has been found to be inappropriate; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW,THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. Ingress and egress is prohibited to the Property through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only. The within Covenant and Restriction shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of this covenant and restriction shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of this covenants as a whole,or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenant and restriction is intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of this covenant and restriction has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other dxpenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenant and restriction set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. Schedule A PINDAR VINEYARDS LLC a New York limited liability company GRANTOR, TO SHOWALTER FARMS LLC a New York limited liability company GRANTEE BARGAIN AND SALE DEED WITHOUT COVENANTS AGAINST GRANTOR'S ACTS District: 1000 Section: 108.00 Block: 04.00 Lots: 001.003 and 001.004 County: Suffolk Town: Southold Return by Mail to: Peter McGreevy, Esq. McGreevy & Henle, LLP 131 Union Avenue Riverhead,New York 11901 LX F/D928467v 1/M063710/C0049930 THIS INDENTURE, made the � day of December, 2013 between Pindar Vineyards LLC, a New York limited liability company, having an address at 591-A Bicycle Path, Port Jefferson Station, New York 11776 ("Grantor"), and Showalter Farms LLC, a New York limited liability company having an address at 1015 Orchard Lane, Southold,New York 11971 ("Grantee"). WITNESSETH: That the Grantor, in consideration of Ten ($10.00) Dollars paid by the Grantee, does hereby grant and release unto the Grantee, the heirs or successors and assigns of the Grantee forever ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York and being more particularly bounded and described on Schedule A annexed hereto and made a part hereof. TOGETHER with all right, title and interest, if any, of the Grantor of, in and to any streets and roads abutting the premises to the center line thereof, Being and intended to be the same premises as described in deed made by Agnes B. Graboski, recorded 09-09-99, Liber 11988 page 152. TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises, TO HAVE AND TO HOLD, the premises herein granted unto the Grantor, the heirs or successors and assigns of the Grantee forever. AND the Grantor, in compliance with Section 13 of the Lien Law, covenants that the Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The words "Grantor and Grantee" shall be construed as if they read "Grantors and Grantees" whenever the sense of this indenture so requires. LXF/D928467v l/M063 7 10/C0049930 2 IN WITNESS WHEREOF,the Grantor has duly executed this deed the day and year first above written. In presence of: PINDAR VINEYARDS LLC a New York limited liability company By. Name: flerodotus Damianos Title: Managing Member STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) On the 5th day of December in the year 2013, before me, the undersigned, personally appeared HERODOTUS DAMIANOS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ary Public RC RFATV.GUIDO Notorf/Pf-'131€r..State o4 Now Y'- 210 k QUAlr�9f1 in sSt&k coanty Nmthl"Ion Evros LXF/D928467v1/M063710/C0049930 3 SCHEDULE A All that certain plot,piece or parcel of land, situate, lying and being at Mattituck,Town of Southold, County of Suffolk and State of New York, bounded and described as follows: PARCEL I BEGINNING at a point which is the southwesterly corner of the premises about to be described,which said point is distant the following two(2)courses and distances from a monument on the northerly side of Main Road (State Route 25) distant 1,190+ feet westerly from the corner formed by the intersection of the easterly side of Elijah's Lane with the northerly side of Main Road (State Route 25): Course 1. Running along the northerly side of Main Road, South 76 degrees 45 minutes 37 seconds West 244.00 feet, Course 2. Thence North 34 degrees 24 minutes 53 seconds West 298.33 feet to said point of BEGINNING. RUNNING THENCE from said point of beginning along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two (2)courses and distances: 1. North 34 degrees 24 minutes 53 seconds West 26.67 feet; 2. North 36 degrees 09 minutes 45 seconds West 2672.93 feet to land now or formerly of Long Island Railroad; RUNNING THENCE along said land now or formerly of Long Island Railroad,North 46 degrees 14 minutes 21 seconds East 336.89 feet to land as shown on the Map of Elijah's Lane Estates, Section 3 filed 10/8/96 as Map Number 9913; RUNNING THENCE along said land on said map and along land on the Map of Elijah's Lane Estates, Section 2, filed 10/8/96 as Map Number 9912 the following eight (8) courses and distances: 1. South 40 degrees 09 minutes 50 seconds East 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East 423.50 feet; 3. South 34 degrees 42 minutes 50 seconds East 492.40 feet; 4. South 38 degrees 31 minutes 50 seconds East 643.60 feet; 5. South 37 degrees 02 minutes 50 seconds East 566.37 feet; 6. South 37 degrees 36 minutes 50 seconds East 297.63 feet; 7. South 36 degrees 32 minutes 50 seconds East 162.95 feet; 8. South 38 degrees 30 minutes 50 seconds East 101.20 feet to land of New York State (Recharge Area); RUNNING THENCE along land of New York State South 51 degrees 30 minutes 17 seconds West 170.98 feet to a monument; RUNNING THENCE westerly through land of Agnes B. Graboski, which line is also the northerly side of Parcel H,South 76 degrees 45 minutes 37 seconds West 230.30 feet to the point or place of beginning. SUBJECT TO an Agricultural exemption assessment pursuant to Article 25-AA of the Agriculture and Markets Law. and PARCEL11 ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being at Mattituck,in the Town of Southold,County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road where the same is intersected by the South West corner of land of New York State(Recharge Area)and the South East corner of the premises about to be described herein; said point being also distant 1190 feet more or less westerly as measured along the northerly side of.Main Road from the corner formed by the intersection of the easterly side of Elijah's Lane with the northerly side of Main Road; RUNNING THENCE from said point or place of beginning along the northerly side of Main Road,South 76 degrees 45 minutes 37 seconds West 244.00 feet to land now or formerly of Edward F.Rutkoski; RUNNING THENCE along said land now or formerly of Edward F.Rutkoski and along land now of Henry Rutkoski and Helen Rutkoski North 34 degrees 24 minutes 53 seconds West 298.33 feet; RUNNING THENCE easterly through land now or formerly of Agnes B.Graboski North 76 degrees 45 minutes 37 seconds East 230.30 feet to a monument set on the Northwest corner of land of New York State(Recharge Area); RUNNING THENCE along said land of New York State(Recharge Area)South 36 degrees 49 minutes 33 seconds East 303.55 feet to the point or place of beginning. Soupold Planning Department Staff Report Site Plan Application Work Session Date December 15, 2014 Prepared By: Brian Cummings I. Application Information Project Title: Showalter Farm II. Action Review all staff comments. This proposed Site Plan is for a horse farm and riding academy, and includes one 24' x 30' (720 sq. ft.) 3-stall barn, two 24' x 10' (240 sq. ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and twelve (12) parking stalls on 24.2 acres in the A-C Zoning District. III: Analysis With reference to the Planning Board letter dated December 1, 2014: 1. Provide all ten (10) ZBA Conditions issued for ZBA File #SE6778 on Page One (PP-1) of the Site Plan. Submitted: all ten (10) ZBA conditions have been provided as required 2. Revise the parking designated for the two (2) horse trailers and vehicles associated with the riding academy from 12' x 20' to 9' x 40'. Submitted: two (2) 9'x 40' stalls have been provided as required 3. For your convenience, Staff provided a draft C&R enclosed with the letter dated November 18, 2014. Please review, complete and return the C&R to this Department for review by the Planning Board prior to being filed with the County Clerk's Office. After the Planning Board approves the draft, the Covenant & Restriction (C&R) is required to be filed with the Office of the Suffolk County Clerk. Submitted: the C&R has been filed with the County Clerk as required V: Staff Recommendations All site plan requirements listed in §280-133 of the Town Code have been met and it is recommended that the above referenced site plan application be scheduled for determination by the Planning Board at tonight's, December 15, 2014 public meeting. 1 Soupold Planning p p Department St9Re ort Site Plan Application Work Session Date November 17, 2014 Prepared By: Brian Cummings I. Application Information Project Title: Showalter Farm II. Action Review all staff comments. This proposed Site Plan is to construct Phase One of a riding academy, and includes one 24' x 30' (720 sq. ft.) 4-stall barn, two 24' x 10' (240 sq. ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and eight (8) parking stalls on 24.2 acres in the A-C Zoning District. III: Analysis With reference to the Planning Board letter dated September 11, 2014: 1. Provide additional parking on the Site Plan to accommodate for the existing dwelling. Submitted: two (2) parking stalls have been provided on the site plan (within an approximate area on the east side of the dwelling). The stalls are serviced by a driveway that runs in front of the dwelling and comes from the main driveway prior to a proposed gate that separates the horse from the residential area. 2. Provide the location of the manure dump trailer on the Site Plan. In lieu of a specific location, an area of approximately where the manure dump trailer would be located may be provided on the Site Plan so long as the proposed area is Code compliant and located at least 150' from the nearest property line. Submitted: an area has been provided on the site plan 150' from all property lines as required 3. Provide the width of the driveway curb cut at NYS Rt. 25 on the Site Plan; this item is not proposed to be improved. Submitted: the driveway curb cut width has been provided and shows a 24' wide existing entrance 4. A Covenant & Restriction is required to be filed with the Office of the Suffolk County Clerk that addresses the items listed below. For your convenience, Staff 1 will provide draft C&R language separate from this letter that will clarify the following: a. No ingress/egress permitted over Noah's Path (also known as Theresa Drive). Emergency access is permitted by emergency personnel only; b. No horse shows/large events; c. Manure Removal once every two days (referencing the Pasture Management Plan with Land Preservation); d. Any conditions imposed by the ZBA that are required to be included in a covenant. Submitted: after speaking with the Town Attorney, it was determined that only the emergency access over Noah's Path is necessary to be filed as a C&R Zoning Board of Appeals Please see the attached ZBA decision with ten (10) conditions Staff Observations: 1. Parking: eight (8) parking stalls are being proposed for the horse farm; four (4) as a part of a storage calculation (1 per 1000sf) and four (4) for employees. a. There is no specific parking calculation in the town code for a horse boarding operation or a riding academy. Nevertheless the above parking calculation must be revised to reflect what is actually needed at the site. b. A total of 19 horse stalls are proposed for this site, meaning up to 19 horse owners might need access and parking at this site at any given time. c. Two parking spaces are proposed for the house d. Four are needed for employees (according to the applicant). e. A rational basis for deciding what is required for the riding academy and horse boarding operation will be directly related to the number of people boarding their horses, the number of people coming to the site for riding lessons, including those that might bring their own horse in a trailer to the site for a riding lesson. 2 0 2. Location of horse trailers on site Staff: it is not uncommon for patrons of a commercial riding facility to transport their horses via trailer for lessons. It should be clarified where the parking of these trailers is proposed. V: Staff Recommendations 1. Discuss a revision to the proposed and revised parking calculations. A rational basis for parking requirements for this use would include an analysis of the total number of people who might board their horses here (up to 19 horses), an estimate of how many of those 19 horse owners might be on site at any given time. The number of required spaces would also include the two parking spaces required for the house, plus the four for employees. Horse trailer parking should also be designated. a. Revise the site plan to reflect the required # of parking spaces and the provided # of parking spaces. 2. Provide the ZBA conditions on the site plan 3. The applicant has requested a special meeting for Monday, November 24rn, for a determination on the site plan. Based on the revisions required above and the short time frame, it is recommended that this request be modified so that December 1, 2014 is considered as a possible date for a special meeting. 3 Soutold Planning Department StafRe port Site Plan Application Work Session — Completeness Date September 8, 2014 Prepared By: Brian Cummings I. Application Information Project Title: Showalter Farm Applicant: Date of Submission: June 20, 2014 Tax Map Number: 108.4-1.4 Project Location: 18625 NYS Rt. 25 Hamlet: Mattituck Zoning District: A-C / R-40 II. Description of Project Type of Site Plan: Agricultural Acreage of Project Site: 24.18 acres (4.18 R-40/AC development rights in tact; 20 acres development rights sold A-C) Building Size 1200sf total III: Analysis 1. Existing: a. Single Family dwelling b. 3-stall barn c. 8-stall barn 2. Proposed: a. One (1) 24' x 30' (720sf) 4-stall Portable Horse Barn b. Two (2) 10'x 24' (240sf) 2-stall Portable Horse Barns c. 140' x 270' Outdoor training area/sand surface d. 15' wide access road to the three (3) barns *All barns housing horses have been situated at least 40' from property lines as required by Code 3. Public hearing a. Access from Noah's Path b. Noise/light intrusion of farm activities c. Manure storage and removal i. Applicant: once a week from dump trailer (according to pasture management plan) d. Number of horses proposed on site i. 30 (according to pasture management plan) 1 e. Horse shows/special events "The ZBA met on Thursday September 4, 2014; the decision will likely cover these concerns in detail and list specific restrictions to on site operations. These will be incorporated into the site plan determination and resolution. 4. Pursuant to the Notice of Disapproval issued June 20, 2014, Special Exception is required pursuant to §280-13 B (12) "Stables and riding academies." 5. SEQRA: this is a Type II action under SEQR because it is an agricultural site plan 6. Parking: a. Storage barns : 1 stall per 1000sf i. 1200/1000 = 1.2 or 2 required ii. Four (4) provided b. One stall per employees i. 4 employees = 4 stalls c. Eight (8) parking stalls provided d. Single Family Residence i. A single family detached dwelling requires two (2) stalls per dwelling ii. None provided Staff: The number of occupants and/or vehicles associated with the existing dwelling should be provided by the applicant. It should be noted that no more than 5 non-related occupants may occupy a single family dwelling 7. Drainage: a. Four (4) 24" deep x 18" wide gravel infiltration trench's proposed along the sides of the three (3) barns b. No alterations or resurfacing is proposed for the access driveway; a SWPPP not required because the site does not lead to waters of the State 8. Lighting: a. Two (2) shielded Par flood lights b. One (1) fully shielded fixture c. *All proposed exterior lights to be motion activated* 9. Bulk Schedule Code Requirements for A-C zoning district: a. 40' side yard setback provided to the west (40' Code minimum for housing of livestock) b. Lot coverage: 2 i. 20% maximum ii. 0.36% existing iii. 0.48% proposed V: Staff Recommendations 1. Require the Applicant to provide additional parking on the site plan to accommodate for the existing dwelling along with the on-site farm operations. 2. Provide on the site plan the location of the manure dump trailer. 3. Provide the width of the driveway curb cut at NYS Rt. 25 on the site plan; this item is not proposed to be improved. 4. Require the applicant to file a Covenant & Restriction with the Office of the Suffolk County Clerk addressing the following: a. Access to/from Noah's Path prohibited for farm operations. The only use permitted would be for emergency access by emergency personnel. Staff will provide a draft C&R to the applicant for review. 5. The following are recommended to be included as conditions to site plan approval and included in the above C&R a. No horse shows/events b. Manure Removal once per week (referencing the Land Preservation/ZBA decision and the pasture management plan) c. Any conditions imposed by the ZBA that are required to be included in a covenant. 3 MIA— BOARD I —BOARD MEMBERSOF SSU Southold Town Hall // (r hl', Kanes Weisman,Chairperson �� lyQlO 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantest Office Location: Gerard P.Goehringer G % Town Annex/First Floor,Capital One Bank George Horning %Q �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'YAQu , Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALSD E C E � U E TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 DEC 112014 Southold Fown Planning Board FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 4.2014 ZBA FILE No.: SE 6778 AMENDED NAME OF APPLICANT: Showalter Farm,LLC SCTM#1000-108-4-1.3 & 1.4 PROPERTY LOCATION: 18625 Main Road(aka NYS Route 25)Mattituck,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application wasreferredas required under the - Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply.dated-August 5,201.4 stating,thAtthis application. is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: 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/DESCR PTION: Subject property consists of 24.18 acres located in a split zone of R40 and A/C. It is improved with a single family dwelling and two accessory barns. It has 244.00 feet of frontage on Main Road, 3199.07 feet along the eastern property line, 336.89 along the northern property line and 2997.93 feet along the western property as shown on the plot plan dated 6/20/14 prepared by Nemschick Silverman Architects,PC. BASIS OF APPLICATION: Request for Special Exception under Article III, Section 280-13B(12) for equestrian stables and riding academy. RELIEF REQUESTED: The applicant proposes to operate a riding academy on SCTM# 1000-108-04-- 1.3, consisting of 4.18 acres having development rights intact. ADDITIONAL INFORMATION: The subject parcel is contiguous to'a 20 acre parcel, SCTM#1000-108- 04-1.4,where the development rights have been sold to the Town of Southold. Many letters were received in favor and in objection to the proposed Riding Academy use. Page 2 of 4—December 4,2014 AMENDED ZBA#6778—Showalter Farm,LLC SCTM#1000-108-4-1.3&1.4 AMENDED DECISION: On December 2,2014,the Board of Appeals received a letter from Melissa Spiro,Land Preservation Coordinator,requesting that the ZBA re-open the hearing on application SE6778 for the sole purpose of entering into the record revisions made by the Land Preservation Committee on December 2,2014,to their approval for Showalter Farms,LLC SCTM#1000-108.-4-1.4 dated January 8,2014. On December 4,2014 the Board of Appeals re- opened the hearing by unanimous resolution, accepted the revised LPC approval,and voted to make relevant changes contained herein to conditions number 8 and 9 imposed in the Special Exception Permit granted by the ZBA on November 6,2014. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 7,2014 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: The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280- 142 and finds: A. With the conditions imposed herein,the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The proposed Riding Academy use will be restricted to the 4.18 acre parcel, SCTM#1000-108-04-1.3. Furthermore, the operations and locations of structures will require site plan approval from the Southold Town Planning Board before the proposed Riding Academy use can be permitted to operate. Ingress and egress access for the Riding Academy is restricted to only New York State Route 25 (Main Road). B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use-districts The proposed riding academy is a permitted use in the.R44/AC-District where this property is situate, subject to the issuance of a Special Exception Permit by the Board of Appeals. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. The utilization of the parcel for the purpose requested by the applicant is permitted by Town Code within the AC Zone; pursuant to the granting of a Special Exception by the ZBA and site plan approval by the Town Planning Board. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. The Planning Board has found that this proposal is consistent with the goals of the Comprehensive Plan supporting and maintaining agriculture and pursuant to Section 280-97 (Right to Farm)of the Town Code. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance.The subject property is located in a split R40/AC zone which contains other farms, agricultural buildings, and residential properties. Page 3 of 4—December 4,2014 AMENDED ZBA#6778—Showalter Farm,LLC SCTM#1000-108-4-1.3&1.4 F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. The Planning Board must grant site plan approval in conjunction with this Special Exception Permit. G. That the proposal shall comply with the requirements of Chapter 236, Storm-water Management. BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Schneider, seconded by Member Horning, and duly carried to BOARD RESOLUTION: AMENDED DECISION - In considering all of the above factors, motion was offered by Member Weisman (Chairperson),seconded by Member Schneider,and duly carried to GRANT, a Special Exception, as applied for, and shown on the Survey prepared by Nemschick Silverman Architects, PC, dated 6/20/2014 noted as sheet No.PP-1. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. 2. This Special Exception Permit requires an operating permit and inspection by a Building Inspector from the Building Department that must be renewed annually. It is the applicant's responsibility to contact.the Building Department on an annual basis to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. 3i. _The Special Exception permit granted-herein-is subject to site-plan approval from-the Planning Board. 4. Notwithstanding the provisions of Chapter 205 of the Town Code,no more than six(6)single special events may be held annually at the subject property, subject to the issuance of a Special Event Permit. 5. Ingress and egress is prohibited through Noah's Path(a/k/a Theresa Lane), except for emergency access by emergency personnel only. 6. The development rights sold parcel(SCTM# 1000-108-4-1.4.)shall only be used by the boarders of Showalter Farms,LLC or any other entity operating the boarding operation and shall not be used in any manner by the public and/or riding academy patrons. For the purposes of this Special Exception the term"boarders"shall be defined as"persons who own a horse boarded at the subject parcel or persons who have a long term lease(six months or longer)from the owner of a horse which is boarded at the subject parcel". 7. Horse manure shall not be stored within 150 feet of any property line. 8. Horse manure shall be removed a minimum of once per week. every twe days in aeeerd with the Her-se Farm GFazing and Pastwe Management Plan submitted by Shewalter-Fams, , dated November-21, 2013 9. This Special Exception Permit incorporates the terms of the Land Preservation Committee Approval dated December 2,2014. 10. In the event that a building permit is submitted to construct an indoor riding ring at the subject property, a new application for a Special Exception Permit must be applied for. Page 4 of 4—December 4,2014 AMENDED ZBA#6778—Showalter Farm,LLC SCTM#1000-108-4-1.3&1.4 That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. Vote of the Board.• Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes, Goehringer.. This Resolution was duly adopted(5-0). (Signed, approved and filed in Original Decision) Leslie Kanes Weisman,Chairperson Approved for filing / /2014 Vote of the Board.-AMENDED DECISION Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes, Goehringer.This Resolution was duly adopted(5-0). ;��L ro )�C4' eslie Kanes Weisman,Chairperson Approved for filing !� //I /2014 Submission Without a Cover Letter Sender:FW Subject Lam',�- HDIE C E VE SCTM#: 1000 - ice A - 1 .4 DEC - 8 2014 Southold Town Date: Q.` Planning Board Comments: � c/ MAILING ADDRESS: PLANNING BOARD MEMBERS QF sorry P.O. Box 1179 DONALD J.WILCENSKI ��`� Old Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH (cor. Main MARTIN H.IDOR CDUM`1,� � SouYoungs Ave.) th d,NY IY Telephone: 631 765-1938 www.southoldtowuny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 3, 2014 Mr. Ray Nemschick, R.A. 160 Main Street Sayville, NY 11782 Re: Proposed Site Plan for Showalter Farms, LLC 18625 NYS Rt. 25, ±1,190' w/o Elijah's Lane & NYS Rt. 25, Mattituck SCTM#1000-108-4-1.4 Dear Mr. Nemschick: I am writing as a follow-up to the Work Session held on December 1, 2014 where the Planning Board discussed the above-referenced Site Plan Application and determined the following: 1. Provide all ten (10) ZBA Conditions issued for ZBA File #SE6778 on Page One (PP-1) of the Site Plan. 2. Revise the parking designated for the two (2) horse trailers and vehicles associated with the riding academy from 12' x 20' to 9' x 40'. 3. For your convenience, Staff provided a draft C&R enclosed with the letter dated November 18, 2014. Please review, complete and return the C&R to this Department for review by the Planning Board prior to being filed with the County Clerk's Office. After the Planning Board approves the draft, the Covenant & Restriction (C&R) is required to be filed with the Office of the Suffolk County Clerk. Please refrain from printing the revised plans until after the ZBA has revised Condition #8 of SE6778, proposed to be completed December 4th. Once the ZBA has completed the revision, please provide a minimum of five (5) revised Site Plans to this Department. In order to be considered for the Planning Board's agenda for December 15, 2014, the th revised Site Plans must be submitted no later than Monday, December 8 Showalter Farms Page Two December 3, 2014 If you have any questions regarding this site plan or its process, please do not hesitate to call this office. Very truly yours, Brian Cummings Planner SO OFFICE LOCATION: 710 ' MELISSA A. SPIRO ��0� UryO Town Hall Annex ffm LAND PRESERVATION COORDINATOR h0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold,New York Telephone(631)765-5711 H Facsimile(631)765-6640 • �O MAILING ADDRESS P.O.Box 1179 ' Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD December 2, 2014 Chris & Joanne Showalter 1015 Orchard Lane Southold, NY 11971 Re: Revised Land. Preservation Committee approval for Showalter Farms LLC SCTM #1000-108.4-1.4 Dear Mr. & Mrs. Showalter: The following motion was approved by the Land Preservation Committee at a meeting held on November 25, 2014: Whereas, the Land Preservation Committee Members, in accordance with Section 70-5 C. (2) (a) [3] of the Town Code and the recorded easement for the subject property, reviewed a proposal with additional supporting information you presented in 2013; and Whereas, the Land Preservation Committee passed a motion approving your proposal on January 7, 2014, and this motion was documented in a letter dated January 8, 2014, from Melissa Spiro, Land Preservation Coordinator; and Whereas, the Land Preservation Committee's January 7, 2014 motion and January 8, 2014.letter made reference to both a November 21, 2013 Horse Farm Grazing and Pasture Management Plan and a December 27, 2014 Natural Resources Conservation Service (NRCS) Prescribed Grazing Plan; and Whereas, it was the Land Preservation Committee's intent to refer to the December 27, 2014 NRCS Prescribed Grazing Plan for purposes only as supporting documentation that the subject property contained sufficient land to handle the number of proposed horses; and Whereas, the November 21, 2013 Horse Farm Grazing and Pasture Management Plan was a separate document prepared by Showalter Farms, LLC, and the Land Preservation Committee did not intend for the items listed within this document to be referenced as required by the Land Preservation Committee; and Page 1 of 3 Whereas, the Land Preservation Committee did intend to approve the items listed as Numbers 1 —8 in the January 8, 2014 letter as repeated here without change: 1. Four (4) separate Stall Stables; a. Two with 2 stalls each, each 10' by 24' in area. b. Two with 4 stalls each, one 15' x 48' and another 24' x 30'. The 4 stall barns are located on the southwest corner of the Easement Area as shown on the survey dated 11/20/2013.. 2. A courtyard as shown (handwritten) on the survey which will. include cement walkways between the buildings. 3. An area for sacrifice. paddocks, as shown (handwritten) on the survey, to the east of the proposed barn stalls. 4. A grass training. area of approximately 156.5' by 70 feet, as shown in the southeast section of the property. 5. Thirteen. (13). paddock areas, some with run-in sheds. It is. understood that this. is an estimated number and more may be installed in the future.. 6. Electric and water trenching to improvements and to.paddock areas. These improvements are not shown. on.the survey,. but are proposed.. 7. A manure dump trailer, shown (handwritten) west of the northern.most stall. 8. Your proposal includes a Horse Farm. Grazing and Pasture. Management Plan and a NRCS Prescribed Grazing Plan. In a NRCS letter dated. December 27, 2013 it is noted that the Prescribed Grazing. Plan. indicates that there is sufficient land to handle the stocking. rate of 30 horses. Be it therefore RESOLVED, that the Land Preservation Committee revise the January 7, 2014 motion to read as follows: The Land Preservation Committee approves the use of the property for boarding, breeding, raising and.training of approximately 30 horses and for the proposed improvements and uses as noted above. The Land Preservation Committee is not limiting the property to the above mentioned improvements; however, any proposed changes or additional improvements proposed for the property are subject to Land Preservation Committee review and approval. The January 8, 2014 letter shall be replaced by this letter dated December 2, 2014. Page 2 of 3 This property is subject to a recorded Development Rights Easement. All uses and improvements must be consistent with the terms of the Easement and are subject to inspection by the Grantee (Town of Southold) as per the terms of the Easement. The recorded easement for this property allows land within the easement area to be used for the purpose of agricultural production. Section 70-5 C. (2)(a) [3] of the Town Code and the recorded Easement require that the use of the Property is consistent with the terms of the Easement and that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of and.to structures in or on agricultural lands in which the development rights have been acquired by the Town. The Committee's review/approval does not override the need for review/approval by other Town Departments or agencies. Section 1.02 of the Easement notes.that Land Preservation Committee review and approval is not required for farm irrigation systems and fencing. necessary for agricultural operations. As. per the Easement, the removal of topsoil, sand, or other materials shall not take place, nor shall the topography be changed.except to construct and maintain the above mentioned approved structures and. improvements. The Committee's approval of the uses/improvements within the.easement does not mean that such uses will be approved or permitted by other Town Departments or agencies. The Committee's approval does. not mean that you.can proceed with construction. All improvements are subject to all applicable Town Code requirements. The Committee's approval allows you to proceed with pursuing any applicable approvals that are required by Town Code. The Committee's approval is for the uses mentioned above only. You will need to return to the Committee for approval for any future construction, reconstruction, and additions of and to structures within the development rights easement area. If you.should have any questions, please do not hesitate to contact me. Sincerely, �X�- I Melissa Spiro Land Preservation Coordinator MS:md cc: Planning Board Building Department Zoning Board of Appeals Page 3 of 3 Submission Without a Cover Letter Sender: Py ��C�C� Subject: C%� � __ __ C��1!/` NOV 2 6 2014 SCTM#:.1000 - JO® • t�- �' f SouM016 Fown Planning 808 r� Date: Comments: Submission Without a Cover Letter l �Ec HE Sender: NOV 19 2014 �(,loQ- ' Subject: - _ Southold own Planning Board SCTM#:.1000 - t Date: Comments: r 14 P0116 01 BOARD MEMBERS $ Southbld TbA Hall` 6c,/Leslie Kanes Weisman,Chairperson y���� oUryQ 53095 Main Road-P.O.Box 1179 �� l4 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George HomingD i0 54375 Main Road(at Youngs Avenue) Kenneth Schneider �y�'0( ��1t►� Southold,NY 11971 http:Hsoutholdtown.northfork.net rpg C ZONING BOARD OF APPEALSNOV TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 Soula FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 6,2014 ZBA FILE No.: SE 6778 NAME OF APPLICANT: Showalter Farm,LLC SCTM#1000-108-4-1.3 & 1.4 PROPERTY LOCATION: 18625 Main Road(aka NYS Route 25)Mattituck,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions,without further steps under SEQRA. 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 August 5, 2014 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 DETERMINATION: 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 consists of 24.18 acres located in a split zone of R40 and A/C. It is improved with a single family dwelling and two accessory barns. It has 244.00 feet of frontage on Main Road, 3199.07 feet along the eastern property line, 336.89 along the northern property line and 2997.93 feet along the western property as shown on the plot plan dated 6/20/14 prepared by Nemschick Silverman Architects,PC. BASIS OF APPLICATION: Request for Special Exception under Article III, Section 280-13B(12) for equestrian stables and riding academy. RELIEF REQUESTED: The applicant proposes to operate a riding academy on SCTM# 1000-108-04- 1.3, consisting of 4.18 acres having development rights intact. ADDITIONAL INFORMATION: The subject parcel is contiguous to a 20 acre parcel, SCTM#1000-108- 04-1.4, where the development rights have been sold to the Town of Southold.Many letters were received in favor and in objection to the proposed Riding Academy use. FINDINGS OF FACT/REASONS FOR BOARD ACTION: Page 2 of 3—November 6,2014 ZBA#6778—Showalter Farm,LLC SCTM#1000-108-4-1.3&1.4 The Zoning Board of Appeals held a public hearing on this application on August 7,2014 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: The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280- 142 and finds: A. With the conditions imposed herein,the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The proposed Riding Academy use will be restricted to the 4.18 acre parcel, SCTM#1000-108-04-1.3. Furthermore, the operations and locations of structures will require site plan approval from the Southold Town Planning Board before the proposed Riding Academy use can be permitted to operate. Ingress and egress access for the Riding Academy is restricted to only New York State Route 25 (Main Road). B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts.The proposed riding academy is a permitted use in the R40/AC District where this property is situate, subject to the issuance of a Special Exception Permit by the Board of Appeals. C. That the safety,the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. The utilization of the parcel for the purpose requested by the applicant is permitted by Town Code within the AC Zone; pursuant to the granting of a Special Exception by the ZBA and site plan approval by the Town Planning Board. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. The Planning Board has found that this proposal is consistent with the goals of the Comprehensive Plan supporting and maintaining agriculture and pursuant to Section 280-97 (Right to Farm)of the Town Code. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance.The subject property is located in a split R40/AC zone which contains other farms, agricultural buildings, and residential properties. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. The Planning Board must grant site plan approval in conjunction with this Special Exception Permit. G. That the proposal shall comply with the requirements of Chapter 236, Storm-water Management. BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Schneider, seconded by Member Horning, and duly carried to GRANT, a Special Exception, as applied for, and shown on the Survey prepared by Nemschick Silverman Architects,PC, dated 6/20/2014 noted as sheet No. PP-1. " Page 3 of 3—November 6,2014 ZBA#6778—Showalter Farm,LLC SCTM#1000-108-4-1.3&1.4 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. 2. This Special Exception Permit requires an operating permit and inspection by a Building Inspector from the Building Department that must be renewed annually. It is the applicant's responsibility to contact the Building Department on an annual basis to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. 3. The Special Exception permit granted herein is subject to site plan approval from the Planning Board. 4. Notwithstanding the provisions of Chapter 205 of the Town Code,no more than six(6)single special events may be held annually at the subject property,subject to the issuance of a Special Event Permit. 5. Ingress and egress is prohibited through Noah's Path(a/k/a Theresa Lane),except for emergency access by emergency personnel only. 6. The development rights sold parcel(SCTM# 1000-108-4-1.4.) shall only be used by the boarders of Showalter Farms,LLC or any other entity operating the boarding operation and shall not be used in any manner by the public and/or riding academy patrons. For the purposes of this Special Exception the term"boarders"shall be defined as"persons who own a horse boarded at the subject parcel or persons who have a long term lease(six months or longer)from the owner of a horse which is boarded at the subject parcel". 7. Horse manure shall not be stored within 150 feet of any property line. 8. Horse manure shall be removed every two days in accordance with the Horse Farm Grazing and Pasture Management Plan submitted by Showalter Farms,LLC, dated November 21,2013. 9. This Special Exception Permit incorporates the terms of the Land Preservation Committee Approval dated January 8,2014. 10. In the event that a building permit is submitted to construct an indoor riding ring at the subject property, a new application for a Special Exception Permit must be applied for. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes, Goehringer. This Resolution was duly adopted(5-0). Leslie Kanes eisman, Chairperson Approved for filing /2014 suk�f ' C6 l HL, ►�`� �C 1 Submission Without a Cover Letter Sender: D 1 WALL-pa NOV 12 2014 S-ubjeet: _ Southold Town Planning Board SCTM#:.1000 - ,O d A Date: I C 1 Comments: November 7, 2014 Chris and Joanne Showalter 1015 Orchard Lane Southold NY 11971 Owners: Showalter Farms LLC � E C E V E LSCC U Ms. Heather Lanza Planning Director NOV 1.0 2014 Town of Southold Town of Southold Annex SoBown Plannningning Board 54375 State Route 25 Southold NY 11971 RE:Showalter Farms LLC Application to the Planning Board Dear Ms. Lanza, Joanne and I both appreciate all the hard work that you,the Department and the Board have put into our application thus far since we submitted on June 19, 2014. As you are aware,the Zoning Board of Appeals granted a Special Exception Permit at their meeting on November 6,2014. We understand that the Planning Board will review our application at the scheduled work session on November 17,2014 and anticipate that the presentation of our revised site plan at this meeting will satisfy the Board's requests in their last correspondence to us on September 11,2014 We are writing to respectfully request that the Planning Board grant us a Special Public Meeting on Monday, November 24,2014 to finalize our application. Thank you for your consideration in this matter. Sincerely, ris Show l Joan owalter -,S,�b-F4 FA I Submission Without a Cover Letter Sender: �� aN - ge Subject: SCTM#: 1000 - r UG 1..g 2014 �� Southold rVs'•—il � Date: Planning 13e.;rd ``Comments: `� � � ver/ v �' b rV 1 � _O11 G � Lanza, Heather From: Ellen <elwsvi@hotmail.com> Sent: Monday, August 18, 2014 12:50 PM E C ['' To: Lanza, Heather Subject: Showalter horse farm AUG IS 2014 Southold Iuwn Planning Board Hello my name is Ellen Levin Wiederlight and I would like to express my support for the new riding facility in Mattituck off the Main Road. I have grown up here my whole life and there is a lack of things for children and adults do year round. This barn will provide a place for local kids and adults(families)to spend time together in a constructive way. They want to add an equestrian themed farm in an already agricultural area. I am thankful they are not proposing a strip mall or condo complex. Thank you for taking the time to hear my thoughts Ellen L Wiederlight Sent from my Whone 1 7b 1AA Lanza, Heather nn From: Lehnert, Bill <wjl@lndinc.com> U Sent: Monday,August 18, 2014 1:34 PM To: Lanza, Heather AUG l g 2.014 Subject: Showalter Farms Southold Towny Planning Board Hi Heather, I am writing to say that I am in favor of Showalter Farms LLC. opening up a riding academy/horse farm in Mattituck. As a homeowner in Cutchogue I think having preserved open space while maintaining a viable business on that property is a win/win approach for the town, the property owner, and the community. I have had the pleasure of serving with Chris Showalter on various volunteer boards over the past 10 years. In my opinion Chris is an intelligent, honest, and hard working person who is only looking to offer residents and visitors a place to learn, board, or show their horses. Please consider this letter when reviewing their zoning request. Sincerely, William J. Lehnert 1450 Pequash Avenue Cutchogue, NY 11935 1 08/18/2014 14:57 FAX 16314771075 JERNICK-MOVING [6001/001 Planning Board PO Box 1179 �? AUG 18 2014 Southold,NY 11971 631-765-1938 Southold Town Planning Board August la,2014 To Whom It May Concern, As a homeowner and business member of Southold Town community,I would like to express my support of the development of Showalter Farm,LLC. it is my understanding that there have been many opponents to this project.Unfortunately,it seems that the ones that are in opposition tend to be the only voices that are heard. I can only see Showalter Farm as an asset to our community unlike that of another winery. Another winery would attract more traffic,more noise,and certainly more public irritations. The farm will provide a family atmosphere in a scenic pastoral environment,one that can be enjoyed by all. There is nothing like watching the sunset with horses grazing in the field, Can you think of a more tranquil sight? It will have little to no impact on the traffic and noise for the surrounding neighbors. It will not be a public annoyance. Showalter Farm will only enhance our community while providing education and recreation for local families. Let us take a hard look at what we do and do not allow in our community, This is definitely a project that should be allowed to go forward. Regards, L"ernick August 18,2014 Town of Southold Planning Board PO Box 1179 Southold, NY 11971 V E Joanne and Chris Showalter Showalter Farms LLC I AUG 1-8 2014 18625 Main Road _._..ri Mattituck, NY 11952 RE:Showalter Farms LLC,18625 Main Road, Mattituck,NY 11952 Dear Planning Board Members, We would like to address some additional issues that have been brought to the board's recent attention by some of our neighbors as well as the North Fork Environmental Council. Regardless of what has been alleged by our neighbors,and the owner of a potentially competing riding academy in Southold,WE HAVE ONLY APPLIED FOR ONE SAND OUTDOOR RIDING RING on development rights intact (DRII land.and 3 SMALL one-story stall barns on development rights sold(DRS)land as per the plans before your board. The Town of Southold Building Department has also required us to apply for a special exception from the Zoning Board of Appeals to operate "stables" and a "riding academy" as a permitted use. As you are aware,the Land Preservation Committee approved FOUR small stall barns and a grass training ring to be located on DRS land. Please note that our building plans have been reduced over time to the THREE stall barns as indicated on our submitted plans. Members of the public have cited an unauthorized advertisement,authored and paid for by a potential lessee of our horse farm. We would bring to the board's attention once again,that although we have been in discussions with this potential lessee,we have no lease at present and did not have any lease at the time of the ad's publication. We had no opportunity to review or amend the advertisement prior to its publication. Within the unauthorized ad were mentioned the following potential farm attributes: 1) 2 sand riding rings 2) 1 hunter derby ring 3) An indoor riding arena 4) A bridle path RE:2 SAND RIDING RINGS. We are only planning for ONE OUTDOOR SAND RIDING RING. RE: HUNTER DERBY RING. We believe the hunter derby ring identified in the ad is a fancy name for the grass training ring identified in our plans approved by the Land Preservation Committee and included in the most recent survey you have before you. It is a large grass paddock in which the horses will graze. It could potentially also be used to train the horses to jump in a grass ring and in and around natural jumps(such as tree limbs, shrubs, etc.). It is not a ring that would be open to the general public for riding lessons. t ' RE: INDOOR RIDING ARENA. Although we had discussed the potential for building an indoor riding ring in our multiple meetings with Land Preservation and with members of the Planning Department,for a number of reasons,we have decided NOT TO PURSUE THIS AT THIS TIME. Whether we do or do not pursue a Second Phase of our horse farm is not the subject at hand. If and when we decide to do a second phase,we will of course apply and seek permission from all the appropriate Town,State, and Federal authorities that would require us to do so. RE: BRIDLE PATH. Once again,this appears to reference the existing grass farm roads on the property. The primary use of these roads are access for farm equipment. Conceivably,these grass roads could also be used by boarders,with sufficient riding experience,to exercise their horses around the property. These roads will not be used for public trail rides nor for any type of riding lesson. We would also like to respond to a recently submitted letter from the North Fork Environmental Council. We feel that the NFEC letter serves to confuse what should be a straightforward filing. The NFEC have indicated in their August 15,2014 letter to the Planning Board that a commercial equestrian center is not a protected farm practice. However,this is contrary to NYS Agricultural and Market Laws(AML). Please note that the NFEC also misquoted Chris Showalter in their letter. The NFEC letter further discusses their apparent interpretations of various sections of NYS and Southold Town Code,and contains numerous inaccuracies and incorrect assumptions regarding our farm. The NFEC wants our neighbors to have a full understanding of our proposed operations before the ZBA considers our filing. As we notified the board in a copy of our letter to the ZBA dated August 15,2014,we voluntarily met with our neighbors on August 13, 2014 to discuss our plans for our farm. As we have previously identified to the board,our property is in the New York State county-adopted,state- certified Agricultural District#1. As we have indicated on several occasions,AML 301(11) protects farm operations,AML 301(13) includes commercial horse boarding operations and AML 301(17) protects commercial equine operations. We can understand the public's confusion, including that of the NFEC,as many people seem to erroneously believe that agriculture is restricted to raising food for human consumption and does not include the other agricultural activities as identified by NYS law. We should have the right to choose to participate in any allowed farming activity on our farm, at our own pace, as time and finances allow,without unreasonable restrictions pursuant to the protections afforded by NYS AML and to farmers in the Town of Southold. We urge the board to make its decision on the filed plans currently before you, based upon the laws of the Town of Southold, New York State and Federal laws as applicable. Wet ank th oard for all the time and effort that has gone into your review. Sincere Joa a Showalter Chris Showalter owalter Farms LLC Showalter Farms LLC Cc: Town of Southold Zoning Board of Appeals Ray Nemschick, Nemschick Silverman Architects, PC �T 1 � August 18, 2014 �� AUG 18 2014 Planning Board ��;�; PO Box 1179 Southold,NY 11971 Zoning Board of Appeals PO Box 1179 Southold,NY 11971 Dear Planning and Zoning Boards members, Kindly accept this letter in support of the Showalter Farms LLC application for the use of 18625 Main Road, Mattituck,NY property as a stable and riding academy as a special exception permitted use. We believe the use of the property for a horse farm/riding academy would have a very positive effect on our community and is absolutely consistent with the intent of rural life/zoning. We have known Chris and Joann Showalter for 14 years. Our children have been together in school since daycare in 2000. They are "good people". Both Chris and Joann have integrity and are honest. Both have given tirelessly and generously to our communities over the years, while running a practice in our community. They live in and are invested in our community. Examples of their work to serve others include volunteer work with the Old Cove Yacht Club/Sailing Program(Chris) and the Girl Scouts (Joann was the Troop leader for many years). We are completely comfortable and trust that they would be good stewards of the land. They love our community and our way of life. We strongly support and would kindly request that you approve their application for the Showalter Farms LLC application for the use of 18625 Main Road, Mattituck,NY property as a stable and riding academy as a special exception permitted use. Please feel free to reach out to us if there is anything more we can do assist and/or support this application. Sincerely, Ted (TJ) Bucci Kathryn Bucci 200 Harbor Lights Drive Southold,NY 11971 631.765.6680 August 18, 2014 1 Planning Board AUG 1 PO Box 1179 bLut�eL a ,,,;ry Southold,NY 11971 Zoning Board of Appeals czf PO Box 1179 Southold,NY 11971 Dear Planning and Zoning Boards members, Kindly accept this letter in support of the Showalter Farms LLC application for the use of 18625 Main Road, Mattituck,NY property as a stable and riding academy as a special exception permitted use. We believe the use of the property for a horse farm/riding academy would have a very positive effect on our community and is absolutely consistent with the intent of rural life/zoning. We have known Chris and Joann Showalter for 14 years. Our children have been together in school since daycare in 2000. They are "good people". Both Chris and Joann have integrity and are honest. Both have given tirelessly and generously to our communities over the years, while running a practice in our community. They live in and are invested in our community. Examples of their work to serve others include volunteer work with the Old Cove Yacht Club/Sailing Program (Chris) and the Girl Scouts (Joann was the Troop leader for many years). We are completely comfortable and trust that they would be good stewards of the land. They love our community and our way of life. We strongly support and would kindly request that you approve their application for the Showalter Farms LLC application for the use of 18625 Main Road, Mattituck,NY property as a stable and riding academy as a special exception permitted use. Please feel free to reach out to us if there is anything more we can do assist and/or support this application. Sincerely, Ted(TJ) Bucci Kathryn Bucci 200 Harbor Lights Drive Southold, NY 11971 631.765.6680 Lanza, Heather 141 From: Martha <mjw1344@ao1.com> Sent: Monday,August 18, 2014 10:28 AM To: Lanza, Heather i Subject: showalter farm AUG 1 S 2014 f'Irtezni����i<fi Hello my name is Martha Hansen. I have grown up in Southold town my whole life. My daughter Drew( Doobee) is eight years old and suffers from Crohn's disease. She has to endure many surgeries and medical procedures. Horses are the one thing that make her really happy and help her forget she is different. The grooming, caring, riding of her pony lets her think of something else other than her illness. The plans the Showalters have for the property in Matttituck will allow my daughter and many others to experience this all year round. Due to my daughters compromised immune system the environment that she rides in must be maintained properly and I know the Showalters will make that a priority. Because the local kids that are a part of this plan are like a family. We all hope this goes through in a manner that is fair to all involved. If you have any questions please let me know. We do support this project. Martha Wiederlight-Hansen 516-769-1092 Sent from my iPhone i S Lanza, Heather From: Lisa Lehnert <drlehnert@optonline.net> Sent: Sunday,August 17, 2014 8:41 PM To: Lanza, Heather Subject: Showalter farms j�' AUG 18 201= 1 e Dear Ms. Lanza, �-•}�- I am writing in support of Showalter Farms in Mattituck. As a homeowner in the town of Southold and growing up spending East End summers, part of the charm and beauty of the area is the horse farms. Farms both large and small are vital to the agriculture and community of the North Fork. It is a shame that one horse farm owner is trying to thwart another only to benefit themselves. The Phase 1 plan is fair and reasonable. Phase 2 , if it happens, is down the line, and would be premature to judge on something the owners did not approve. ( referring to the advertisement in the horse magazine). I feel the Showalters have been forthright in explaining their plans for the farm. They held a question and answer session with the surrounding neighbors, and hopefully this will quell some fears. It would be a shame and injustice for all horse farm owners and operators if this farm was not approved. It is unfortunate that the other farm owner was held up, but one mistake should not beget another. Please approve Showalter farms. Sincerely, Dr. Lisa Lehnert Sent from my Whone i <5� f'.' . Lanza, Heather From: M Costello <mandmbermuda@yahoo.com> Sent: Sunday, August 17, 2014 1:02 AM To: Lanza, Heather T Subject: Showalter Farms LLC-18625 Rte 25 Mattituck, NY V � AUG 18 2014 Sn��tY�oi� n Dear Ms. Lanza, I am a resident at 1605 Pine Tree Road, Cutchogue, NY. I wanted to send a letter to you showing my support of the Showalter's farm. I read the article in the Suffolk Times, and because of that article, I went to the zoning board meeting to see what all of the "hype" was about. I was shocked at what I heard in this meeting, especially, by the woman (I believe Sullivan is her name) in Southold who owns a horse farm herself! Instead of supporting another great farm entity, she was incredibly disparaging! It actually sounded like "sour grapes"- In that because she did not get approval right away, then why should the Showalters? Maybe she is afraid of some competition? Nonetheless, I think that the Showalter's should be commended for their efforts in trying to get this horse farm up and running. This is not like a vineyard, where there will be lots of consistent traffic; nor a noise problem that you will get from a vineyard with loud music, and "over served" adults. It is a peaceful horse farm, with lots of pasture and peaceful land. This endeavor will actually promote keeping our open space like the North Fork used to be years ago. This farm will also create jobs, and will be a contributor to the community and the agricultural economy. It will also provide educational opportunities for children, and act as an after school and/or recreational activity for children and their families. I think this is a "no brainer'. From what I heard in the zoning meeting, the Showalter's have followed the steps needed to get their proposal passed. hope the board does the right thing here. After all, this is a lovely horse farm, not 24 acres of Mc Mansions! Best regards, Maria Costello 1605 Pine Tree Road Cutchogue, NY 11935 1 Lanza, Heather From: Mark Szynaka <mszynaka@yahoo.com> Sent: Saturday,August 16, 2014 8:32 AM To: Lanza, Heather Subject: Showalter Farms LLC's application to operate a horse farm/riding academy at 18625 Rte 25, Mattituck, NY Dear Heather, I am a Southold town resident and friend of the Showalters. Both are families moved to Southold roughly the same time in 2001 for the purpose of raising our families in the wholesome and safe surroundings that this community offers. I have worked with them on chartible events for Our Lady of Mercy which our sons both attend. I understand from reading the articles in the Suffolk Times there is concern over the phase 2 of the horse farm. I have not spoken to either Chris or JoAnne since these articles came out but do know from speaking to them prior that their intention is to get a horse farm business up and running. It sounds as though the advertisement placed by the Gandolfos was a bit or marketing hype to attract much needed clients to start boarding their horses on the farm. I don't know the Gondolfos but I do know Chris and JoAnne Showalter to be honest and sincere people whose desire is to build a business in this community which strives to maintain the buccolic nature while providing needed jobs to the community. One of the drivers for them to get into this business was the love of their daughter, Lucy, who has taken to horse riding with a passion. Chris and JoAnne want to further her love for horse riding and plans to become a veteranian and not to strike it rich in the horse farm business. Please consider this information when reviewing their submission for the request before you. Best Regards Mark Szynaka 1400 Calves Neck Road AUG 18 2014 Southold, NY • SQUth08ia e<7iJi� ,T•<�,x Flail ing Gaard 1 Lanza, Heather From: Angelat1219 <angelatl219@aol.com> E C r y t! Sent: Saturday, August 16, 2014 11:33 AM To: Lanza, Heather;Toth, Vicki AUG 1 8 2014 Subject: Showalters Farms _ Southold'rown Planning Board I am a resident of Southold for the past 11 years, my children attend Southold School with The Showalter's children. I read with great interested the article in the Suffolk Times regarding the Showalter's Farm and felt the need to send this email. I understand the resident concerns but I think the rights of the property owner needs to be taken in to consideration. If what the Showalter's are looking to do are within the limits of their property then they should be allowed to run a business. They purchased this property in the hopes of making it a better farm. They purchased this property looking to run a business that will have great benefit to community. For any one to be upset that their view will be ruined should not have the right to stop the Showalter's from building on the property. Street traffic is always a concern when you have children but that should not stop the Showalter's for running a business. Thank you for taking the time to consider the positive's of the Showalter's business and not forces on the negative of a few short minded neighbor's. Angela Tondo 200 Grissom Lane Southold NY 11971 631-765-3171 1 August 16,2014 1 1 Town of Southold Planning Board PO Box 1179 Southold, NY 11971 (.1--1 94 AUG 18 2014 ��mm }.So;�tPtoi:3 io�vts Planning Soard RE: Showalter Farms LLC#6778 Application for approval to construct two 2-stall barns and one four stall barn and for permits to operate a Horse Boarding and Riding Academy at 18635 Main Road,Mattituck,NY 11952 Dear Planning Board, I am writing this letter to indicate that I fully support the Showalter Farms LLC current application as described above. This is an example of a start-up agricultural operation that our town should welcome with open arms. I urge you to grant approval for this project. Yours incerely, r � Cc:Zoning Board of Appeals August 16,2014 Town of Southold Planning Board PO Box 1179 Southold, NY 11971 Wa'b 0A l 10 1 c►n 4 r , Z 1 � Ct,,{— � a AUG 1 S 2014 1���,0(/1 ��14✓ � Vw [WI.M �. �NY17 ....._ 5��d!ilJs "''.. RE: Showalter Farms LLC#6778 Application for approval to construct two 2-stall barns and one four stall barn and for permits to operate a Horse Boarding and Riding Academy at 18635 Main Road,Mattituck,NY 11952 Dear Planning Board, I am writing this letter to indicate that I fully support the Showalter Farms LLC current application as described above. This is an example of a start-up agricultural operation that our town should welcome with open arms. I urge you to grant approval for this project. Yours Sincer Cc:Zoning Board of Appeals August 16,2014 Town of Southold Planning Board PO Box 1179 Southold, NY 11971 IL 014 A� AUG 18 2 RE: Showalter Farms LLC#6778 Application for approval to construct two 2-stall barns and one four stall barn and for permits to operate a Horse Boarding and Riding Academy at 18635 Main Road,Mattituck, NY 11952 Dear Planning Board, I am writing this letter to indicate that I fully support the Showalter Farms LLC current application as described above. This is an example of a start-up agricultural operation that our town should welcome with open arms. I urge you to grant approval for this project. Yours Sincerely, Cc:Zoning Boar of Appeals August 16,2014 Town of Southold Planning Board PO Box 1179 Southold, NY 11971 AUG 18 2014 Gim 0r,. H !a9 co'l C_ �>2n� GJ VK me RE: Showalter Farms LLC#6778 Application for approval to construct two 2-stall barns and one four stall barn and for permits to operate a Horse Boarding and Riding Academy at 18635 Main Road, Mattituck,NY 11952 Dear Planning Board, I am writing this letter to indicate that I fully support the Showalter Farms LLC current application as described above. This is an example of a start-up agricultural operation that our town should welcome with open arms. I urge you to grant approval for this project. Yours Sincerely, Cc:Zoning Board of Appeals August 16,2014 Town of Southold Planning Board PO Box 1179 43 Southold, NY 11971 ��j !±; ' I9 AUG 18 2014 r� � i�izilil'iLuJ;"I' bm RE: Showalter Farms LLC#6778 Application for approval to construct two 2-stall barns and one four stall barn and for permits to operate a Horse Boarding and Riding Academy at 18635 Main Road,Mattituck,NY 11952 Dear Planning Board, I am writing this letter to indicate that I fully support the Showalter Farms LLC current application as described above. This is an example of a start-up agricultural operation that our town should welcome with open arms. I urge you to grant approval for this project. Yours Sincerely, Cc:Zoning Board of Appeals August 16,2014 Town of Southold Planning Board PO Box 1179 Southold NY 11971 AUG 1 $ 2014 Mai} y )19S2 RE: Showalter Farms LLC#6778 Application for approval to construct two 2-stall barns and one four stall barn and for permits to operate a Horse Boarding and Riding Academy at 18635 Main Road,Mattituck,NY 11952 Dear Planning Board, I am writing this letter to indicate that I fully support the Showalter Farms LLC current application as described above. This is an example of a start-up agricultural operation that our town should welcome with open arms. I urge you to grant approval for this project. Yours Sincerely, Cc:Zoning Board of Appeals August 16,2014 Town of Southold Planning Board PO Box 1179 Southold, NY 11971 sl! AUG 18 2014 c }�® Box 1092 SOL)ROU 4 NY )19-21 RE: Showalter Farms LLC#6778 Application for approval to construct two 2-stall barns and one four stall barn and for permits to operate a Horse Boarding and Riding Academy at 18635 Main Road, Mattituck,NY 11952 Dear Planning Board, I am writing this letter to indicate that I fully support the Showalter Farms LLC current application as described above. This is an example of a start-up agricultural operation that our town should welcome with open arms. I urge you to grant approval for this project. Yours Sincerely, Cc:Zoning Board of Appeals August 16,2014 i �il raim Town of Southold Planning Board POBox 1179 ��u! AUG 1 8 2014 Southold, NY 11971 s �. /''1'1/le PO /Vay ,L-40141 &V OZI RE: Showalter Farms LLC#6778 Application for approval to construct two 2-stall barns and one four stall barn and for permits to operate a Horse Boarding and Riding Academy at 18635 Main Road,Mattituck,NY 11952 Dear Planning Board, I am writing this letter to indicate that I fully support the Showalter Farms LLC current application as described above. This is an example of a start-up agricultural operation that our town should welcome with open arms. I urge you to grant approval for this project. Yours Sincerely, Cc:Zoning Board of Appeals August 16, 2014 Town of Southold Planning Board PO Box 1179 i Southold, NY 11971 ' AUG 18 2014 � RE: Showalter Farms LLC#6778 Application for approval to construct two 2-stall barns and one four stall barn and for permits to operate a Horse Boarding and Riding Academy at 18635 Main Road, Mattituck,NY 11952 Dear Planning Board, I am writing this letter to indicate that I fully support the Showalter Farms LLC current application as described above. This is an example of a start-up agricultural operation that our town should welcome with open arms. I urge you to grant approval for this project. Yours Sincerely, Cc:Zoning Board of Appeals August 16,2014 Town of Southold Planning Board PO Box 1179 ;411 Southold, NY 11971 A U G 18 2 14 SiJ�t�t;tti iJ't�Ve7 4-7."c J"'� i i✓�S 44 �. RE: Showalter Farms LLC#6778 Application for approval to construct two 2-stall barns and one four stall barn and for permits to operate a Horse Boarding and Riding Academy at 18635 Main Road,Mattituck,NY 11952 Dear Planning Board, I am writing this letter to indicate that I fully support the Showalter Farms LLC current application as described above. This is an example of a start-up agricultural operation that our town should welcome with open arms. I urge you to grant approval for this project. Yours Sincerely, Cc:Zoning Board of Appeals J August 16,2014 AUG 1 $ 214 Town of Southold Planning Board PO Box 1179 Southold, NY 11971 �0AJ /c/ �d A/ ,_31 7 V8 RE: Showalter Farms LLC#6778 Application for approval to construct two 2-stall barns and one four stall barn and for permits to operate a Horse Boarding and Riding Academy at 18635 Main Road, Mattituck,NY 11952 Dear Planning Board, I am writing this letter to indicate that I fully support the Showalter Farms LLC current application as described above. This is an example of a start-up agricultural operation that our town should welcome with open arms. I urge you to grant approval for this project. Yours Sincerel :��;A O J Cc:Zoning Board of Appeals August 16,2014 Town of Southold Planning Board ' ` '- i' - 1E� PO Box 1179 Southold, NY 11971 L. AUG 18 2014 n yt'iQ,i 'sV Vit s RE: Showalter Farms LLC#6778 Application for approval to construct two 2-stall barns and one four stall barn and for permits to operate a Horse Boarding and Riding Academy at 18635 Main Road,Mattituck,NY 11952 Dear Planning Board, I am writing this letter to indicate that I fully support the Showalter Farms LLC current application as described above. This is an example of a start-up agricultural operation that our town should welcome with open arms. I urge you to grant approval for this project. Yours Sipcerel , Cc:Zoning Board of Appeals SAP P6 ) P L'I �AT eC_ North Fork Environmental Council 12700 Main Road PO Box 799 Mattituck, NY 11952 Phone: 631.298.8880 Fax: 631.298.4649 Web: www.NFECI.org 15 August 2014 Attn: Southold Planning Board U Southold Zoning Board of Appeals Southold Town Hall Annex AUG 18 2014 PO Box 1179 1 — 9 Southold, NY 11971 ii,;Ur. RE: Showalter Farms, LLC, 18625 Main Road, Mattituck, NY The Board of Directors of the North Fork Environmental Council (NFEC)wishes to express its concerns about the proposed zoning change special exception and site plan for the proposed Showalter Farms equestrian center. There are two main areas of concern. The first centers around the Farmland Bill of Rights. According to a recent newspaper article and the Planning Board and Zoning Board of Appeals (ZBA) public meetings, it was reported that activities on-site will include growing of agricultural products, breeding horses and ponies, and riding lessons. Mr. Showalter is quoted in newspaper as saying that this vision is, "consistent with Southold Town code and the Farmland Bill of Rights, which specifies horse boarding as a protected farm practice."Therein lies the rub. Horse boarding and breeding are protected farm practices. However, a commercial equestrian center involving riding lessons, equestrian events and shows, and other activities open to the public are not protected. So Mr. Showalter was, in fact, misrepresenting the scope of the Farmland Bill of Rights. But if Mr. Showalter is to cite the Farmland Bill of Rights in his defense, he must also follow both the words and the spirit of the document in all aspects. The NFEC recognizes that the Farmland Bill of Rights was introduced for the purpose of reducing "future conflicts!" between people residing on tracts adjacent to farmlands and farmers. In that spirit, the NFEC believes that it is not the Town's role to step in at this stage to grant a special exception or approve the site plan. Given that the proposed equestrian operations are not a protected agricultural operation under Town Code or the Farmland Bill of Rights, the NFEC believes that it is the responsibility of the Showalters and their neighbors to sit down and have frank and complete discussions about the proposed equestrian operations. This follows the Farmland Bill of Rights' original intent that it is necessary to establish and give notice of the nature of the farming activities to future neighbors of farmland and farming activities. If from these discussions the Showalters and their neighbors come to an understanding of the proposed operations and support it, then the ZBA should fulfill its role to grant the special exception. But not before. And then contingent on the above, the Planning Board should take up the site plan. • • Page 2 In connection with such discussions, the Showalters and their representative have stated that it is their right to seek permission for their plans in phases. It may be their right, but it doesn't mean it is right for their neighbors or for the Town as it decides this important matter. In fact, it also does not meet the spirit of the Farmland Bill of Rights to give notice of the nature of the farming activities to future neighbors of farmland and farming activities. Without full information, how can anyone make an informed decision whether it be a neighbor or the Town?And until the full picture is presented in appropriate detail, especially given the conflicting pictures painted by various parties connected to the Showalters, it is not only the right but is the natural reaction of reasonable people—and the Town—to withhold support and to fight and deny these proposed operations. Many business operations in Town, fast track or not, have had to have their plans be put under the microscope. The NFEC applauds the ZBA's decision to not expedite and rubber stamp this application. It may take time and inconvenience the Showalters but in both the letter and spirit of the Town Code and to make sure adjoining properties and homeowners are not unduly inconvenienced, the NFEC asks the Planning Board and the ZBA to request more information from the Showalters and the community before granting a special exemption or approving the Phase 1 site plan. Under§280-13 Use Regulations of the Southold Town Code, Permitted Uses paragraph A (2) states that the following agricultural operations and accessory uses, including irrigation, are protected provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line. It goes on to clearly state the permitted activities in Paragraph A (2) (b): The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)on lots of 10 acres or more. Without clarity on where, how and how much manure will be kept on the property, one could argue that a schedule of weekly removal of manure for up to 30 horses, as the Showalter operation was granted, could be interpreted as a short-term storage of manure when compared to other, more aggressive removal schedules mandated by the Town for other smaller operations. And when looking at the lot in question, which is long but relatively thin, it is difficult to see where the storage of manure could take place that is not within 150 feet of any adjoining property, not just residential lots. In addition, it would not be a stretch to say that a commercial equestrian center with riding lessons and events would be a dust-producing use. And again, given the property's dimensions, such activity would likely be within 150 feet of the lot line of any adjoining property, especially the neighboring residential community. These matters require careful review, inspection and discussion. Another way to look at this issue is in looking at the 2020 Master Plan Draft document. It states that in 2010, the Southold Agricultural Advisory Committee conducted an inventory of farm operations and crop types. They found that there are approximately 134 agricultural operations in the Town, representing a diversity of crops with a reference to Table 2. Commercial equestrian operations beyond boarding and breeding are not included in Table 2 and so they are not recognized as defined agricultural operations. So the question is, given these clear cut definitions and conditions, what hardship exists that would give the ZBA the right to grant a special exception? Page 3 All of these conditions and definitions were in place at the time of purchase of the property by the Showalters. And such conditions are in place to help protect not just the rights of true agricultural operations, a vital part of this community's fabric for centuries, but to also protect the rights of adjoining property owners. A special exception would infringe on the rights of the adjoining residential property owners without full disclosure of the plans for the equestrian center and the neighbors' support. These are the majors issues. However, without full disclosure, the NFEC is also concerned about the extent to which the equestrian center will use the 20 acres where development rights have been sold. Under§70-2 Purpose of the Town Code, it states that the Town Board of the Town of Southold finds that the acquisition of development rights in lands located in the Town of Southold and used in bona fide agricultural production will conserve, protect and encourage the improvement of prime agricultural lands, both for the production of food and the preservation of open space, and is in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the New York State Legislature, as set forth in § 247 of the General Municipal Law. The NFEC is concerned that an active equestrian operation which includes riding lessons and equestrian events not restricted to the separate 4 acre plot in practice does not conserve, protect and encourage the improvement of prime agricultural lands, especially with the building of several large out buildings that may be connected to the equestrian center and not just the boarding and breeding operations. Under§70-3 Definitions of the Town Code, Development Right is defined as the permanent legal interest or right to prohibit or restrict the use of land for any purpose other than agricultural production. So while boarding or breeding of horses is a protected agricultural use, does it meet the apparently stricter definition of agricultural production?Just because the Showalters state that activities on-site will include growing of agricultural products, breeding horses and ponies how the uses of the two properties, both the smaller 4-plus acre lot and the 20 acre lot where development rights have been sold should also be defined and spelled out to not only assuage neighbors'fears but to also define the scope and permit meaningful enforcement. This is important because the majority of town residents have supported the efforts of the Community Preservation Fund (CPF). The Town's Land Preservation Committee takes great care in identifying and rating opportunities to purchase either properties or development rights to achieve many goals, including: • preserving agricultural soils • preserving open space • preserving rural vistas • protecting important aquifer recharge areas, and • making agricultural properties more affordable for first-time farmers Many of the members of residential community adjacent to the Showalter farm bought their homes knowing that the development rights were purchased by the Town and that the Showalter property would not be developed for residential or commercial use. And these same people have come to accept the inconveniences of past accepted agricultural uses and operations. Page 4 But according to the minimal plans presented and discussed publicly, some of these homeowners will become neighbors with something they never imagined could happen...the loss of their rural vistas due to the construction of large barns. That is not in keeping with the goals of the CPF. Add to that the fact that other neighbors may have to put up with a commercial use of the smaller property in AC zoning not defined as an acceptable use in the Town Code and not fully defined in the site plan and ZBA applications and you have a proposed overall operation that seems to be in concflict with both the words and spirit of the Town Code and the Farmland Bill of Rights. The public brought out many other concerns the NFEC hope that the Planning Board and ZBA will thoroughly review and discuss including: • access to the property and its impact on local traffic, noise and safety • the hours of operation with concern to the public and the use of lighting for nightime use of the facilities • where the future structures—the second outdoor ring, the indoor ring and any additional barns —may be sited • what one can take away from an operation which began building before getting proper approvals and permits Unlike other environmental organizations, the NFEC's mission includes protecting "our way of life." Agriculture has been part of our way of life for centuries and should have a place in our community into the future. But while residents don't have their own bill of rights, the Town, at all levels, must look out for their rights as well. If the Showalters reach out to the community and speak to their full, long- term plans and listen to their neighbors' concerns, then the process will be well served. If not, then not only the neighbors but the Town has the right to question the merits of the applications before it. Sincerely, 40*4 Ak William Toedter president, NFEC on behalf of the NFEC Board of Directors � � 1 Karen Murray 9350 N. Bayview Road Southold, NY 11971 631-765-5227 August 15, 2014 Southold Town Planning Board AUG 1 8 20114 1, P.O. Box 1179 Southold, NY 11971 To the Planning Board: I am writing to indicate my support for Chris and Joanne Showalter, and for their proposed business venture, Showalter Farms LLC. I was thrilled when I learned that the Showalters were planning to build and operate a horse farm and riding academy in Mattituck for several reasons: • A new agricultural business venture would complement and expand our town's beautiful green fields and open spaces. • The Showalters' considerable business skill would make a positive contribution to the local economy. • My understanding from the equestrian community is that there are insufficient venues for caring for horses and taking riding lessons. I have known Chris and Joanne since 2003. Our children were in a playgroup together at the Southold Mothers Club.They attended Ecumenical Nursery School together. And now they are classmates at Southold High School. Throughout the years, I have seen Joanne and Chris show up any time help was needed at any of these organizations.They have been active volunteers, class parents,field trip chaperones, generous contributors to fundraisers, and dedicated fans of our school sports teams. Though they ran a successful business that took many hours of their time, the Showalters have always displayed their commitment to our community. From the moment they made Southold their home—and even brought Chris's mother here to join them—they have pitched in and made a positive contribution.The new venture they are planning will, I am confident, have a similarly positive effect. I hope that the Board will approve Chris and Joanne's site plan application for their horse farm and riding academy. Sincerely, V\AkA�� l7 HON. JOSEPH SAWICKI9 --- -- "�" 535 LIGHTHOUSE RD. Rp E C 1_ SOUTHOLD, NY 11971 � AUG 1820'4 Southo d`Fown Planning Board August 14,2014 Southold Town Planning Board P.O. Box 1179 Southold,New York 11971 Re: Site Plan Application of Showalter Farms, LLC Dear Chairman Wilcenski and Members of the Planning Board: We adamantly support the above site plan application filed by Mr. and Mrs. Christopher Showalter to construct 3 small stall barns and operate a horse farm, stables and riding academy at 18625 Main Road in Mattituck. Horse farming is a treasured way—like our vineyards—to protect our Town from over development and preserve its scenic vistas and rural quality of life. It will further contribute to our agricultural and tourism industries. We have had the pleasure of knowing Chris and Joanne Showalter professionally and personally for nearly 15 years and readily vouch for their integrity and forthrightness as well as their love for Southold Town. We respectfully urge you to vote favorably on their application before you. Thank you. Sincerely, Joseph Sawicki,Jr. Maryann Sawicki Lanza, Heather VAT c From: marguerite kitz <margueritekitz@gmail.com> Sent: Sunday, August 17, 2014 11:11 AM To: Lanza, Heather Subject: showalter farm PLEASE READ BY AUGUST 18th AUG 18 2x111 4,d �tl August 8, 2014 Dear Southold Planning Board, We are writing our support on behalf of Showalter Farms LLC. We have read the front-page article dated August 8, 2014 in the Suffolk Times and feel strongly that a new equestrian farm on Route 25 in Mattituck would be a wonderful addition to our community. We have lived in this community for the past 15 years and we have two children who are growing up here. Growing up in a small town was what we wanted for our children but living here does not provide too many activities for children. Our son is a major athlete and plays a sport every season at Mattituck High School as well as travel soccer. Our daughter on the other hand is a quiet girl with a love for animals. This being said, at six years old we started her with riding horses. We would drive as often as possible into Riverhead for these lessons. After years of doing this we knew riding was "her thing" and we needed somewhere closer that she could get to easily. Mattituck does not offer many choices. We do not want our daughter "hanging around town" just looking for things to do because she is bored. We work very hard to provide her with lesson. We want her to be a part of her community, be responsible and respectful of it. We feel that this type of riding establishment is just what she (and our community)needs. We really need to consider the positive impact a farm like this would have on our youth. We read how Ms. Sullivan from Navillus Dressage farm in Southold is upset with Showalter Farms and we must say this sounds like she is concerned with the competition for clients not really about the real issue which is, should there be an equestrian farm with riding lessons in Mattituck. The article failed to mention that Ms. Sullivan's farm is a Dressage farm, which teaches a specific type of riding and student. The Showalter Farm, which will hopefully lease to Hunter's Creek East, does not teach Dressage but rather English riding. This being said the clients are not one and the same. If you are an English rider you do not take lessons at a Dressage barn and the san0holds true if you are a Dressage*er you would not go to an English school. If Showalter Farms fails to open then the students who would like English riding lessons will have to go elsewhere (mostly up-island) or maybe go nowhere at all. Which brings me right back to... hanging around looking for something to do. We read about some of the concerns from residents on Gabrielle Court and we can understand their reluctance to change. We too would be concerned with the smell of horse manure and then we read about the contracted manure removal and that eased the issue. We have friends that live on this road and they told us that they couldn't wait to have beautiful horses next door. They feel it will add to the beauty and serenity of the town. We have to agree with them. We love the new farm filled with sheep on Cox Lane. We think it makes our community even more beautiful. We feel that this horse farm will be such a visual and environmental improvement. We believe the animals have a peaceful impact. As for a request to build an indoor riding ring, we sure do hope this will be granted. It is impossible to ride outdoors in a winter like we had last year. The horses from Hunter's Creek East were moved up-island to another facility but this came at a significant financial hardship and sent the money out of out community and into another one. We want our daughter and her friends to stay in their town with their horses giving back to their community. Other than Ms. Sullivan's personal complaints and the concern for manure smell we cannot see why this farm does not open. As it stands today, it is just another empty field that we drive by. Yes, it is pretty but not very functional and certainly not as beautiful as it would be with horses and children. Thank you for accepting our letter and considering our request to open Showalter's Farm so that it may be leased to Hunter's Creek East and the children can ride in the beautiful pastures. Sincerely, Marguerite and Chuck Kitz 110 Eastside Ave. z �i-A, August 15,2014 Delivered by Hand Town of Southold �,2 Zoning Board of Appeals ��� 54375 Rte 25IL �I AUG PO Box 1179 Southold, NY 11971 .._ —,. Southoiu'own RE:Showalter Farms LLC#6778 Flanninq Board Dear Chairperson Weisman and the entire Zoning Board, We want to thank you and the entire board for taking the time to review our application for a Special Exception under Article III, Section 280-13B(12)for equestrian stables and riding academy located at 18625 Main Road, Mattituck, NY 11952. As was suggested by one of our neighbors, and with agreement by the board,we met with 22 of our neighbors on August 13, 2014 to discuss the development of our horse farm/riding academy at the Mattituck Library from 6:30PM-8:OO13M. We had invited 34 homeowners in the neighborhood via hand delivered invitations and we asked everyone to sign in to indicate who had attended the meeting. Attached you will find the original sign-in sheet. Also in attendance was Don Chuvalas, President of the East End Livestock and Horseman's Association who volunteered to moderate the meeting, as well as other members of that organization to help to answer any horse related questions. Our architect Ray Nemschick was there as well to answer any technical questions residents may have had. We discussed the current plan before the Planning Board and Zoning Board of Appeals and also shed some light upon our potential plans for the future. We feel that this meeting was instrumental in explaining to residents what they should expect from us as neighbors, and we believe by the end of the meeting, most residents seemed satisfied with our answers and many shook our hands and wished us luck with our new venture. The biggest questions seemed to involve the following issues: • The potential for utilizing Theresa Lane (aka Noah's Path) as public access to the farm • Manure location and disposal • Confusion in the planning file regarding Phase I and Phase II • The size and scale of the farm and potential disruption to residents with trucks and additional traffic • The number of horses anticipated to be on the property 1) In terms of having access to the farm from Theresa Lane, although we had previously considered this, we no longer view this as a viable option. We communicated this to all residents at the meeting. 2) We again discussed our plan to take manure off site at least once weekly via a dump trailer and that the location of the manure would be least 150 feet west of our western border and the Gabriella Court/Theresa Lane residents. Members of EELHA cited other horse farms that remove manure much less frequently, perhaps every 2-3 weeks,and that once weekly should be more than sufficient. 3) We explained that Phase I is currently before the ZBA and Planning Board and that Phase II of the farm is expected to include an indoor riding arena and additional stables, but that the exact location and size was not yet determined. Many residents were confused because they saw a preliminary site plan in our file that was previously submitted to the Building Department,which we subsequently reconsidered, and had since amended to reflect the current plan before you. Our architect explained that amending plans is a normal part of the site planning process, and many things will change along the way after conversations and consultations with different departments in the town. We reiterated once again that we were not planning to break through Theresa Lane. We also emphasized that we are start-up farmers with limited capital,and that we are simply looking to generate some revenues while we consider and save money for our final plan for Phase II. Given the different approvals that would be required to construct a larger building, both inside and outside the Town of Southold, and the input we would seek from a variety of different boards, agencies, and committees,along with consideration of different construction options,we decided that we did not have all the information required to file for the indoor arena and additional stall barns. As such,we decided to approach this project in two phases. 4) In terms of the size and scale of the operation,we told our neighbors that for the most part large trucks and trailers should be minimal, perhaps even less so than other farmers,with deliveries of hay,grain, and/or shavings likely twice per month or once every 4-5 months if we order in bulk. Residents were concerned that eight parking stalls were insufficient, but Ray Nemschick explained the calculation is based upon the town's formula regarding square footage. Members of EELHA concurred, based upon their experiences at other similar sized riding academies,that eight stalls should be sufficient for our needs at this juncture. 5) In terms of horse numbers,we had to correct a statement made by the ZBA that a maximum of 30 horses had been approved by the NCRS and Land Preservation Committee,which applies only to the 20 acres of DRS land. The NCRS grazing plan is based upon the assumption that horses will graze on the paddocks for 12 hours per day,supplemented with hay and grain. The NCRS states in their letter that 13 acres of pasture is more than sufficient to accommodate approximately 30 horses. However, if the planned grazing hours were reduced,and supplemental hay/grain increased,the number of horses that could be accommodated on the same acreage would also increase. Please also note that,the NCRS plan reflects only 13 acres of pasture, while our entire property is 24 acres in total. According to NYS Ag and Markets guidance on stocking rates,any limitation of less than 5 horses per acre is considered unreasonably restrictive (please see attached redacted February 17,2012 letter from the NYS Department of Agriculture to the Town of Lewisboro, NY). In the case of Navillus Dressage,the limitation by the Town of Southold was 2 horses per acre for the entire 10-acre parcel, not just the land available for pasture, which is approximately 7 acres(or 2.85 horses per acre of pasture). Thank you once again for considering our application. I know it has not been an easy process,and we look forward to seeing you at the Special ZBA Meeting scheduled for-August 21, 2014. Sincerely, anne anChris Showalter Showalter Farms LLC Cc:Town of Southold Planning Board NEIGH BORMTGSIGNIN SHOWALTER FARMS 08/13/14 Neighborhood Meeting Sign-In Sheet Meeting Date 08/13/14 PROPERTY OWNER#1 PROPERTY OWNER#2 ADDRESS Print Name naturae / Print Name Sianature ctClit 1 18700 Main Road �Ct� 1�( r 2 18800 Main Road �.,;•�; �� borowy 3 18875 Main Road . �1c i- r 4 18900 Main Road 5 Bob Rutkowski 6 Dennis Schlesinger 7 245 Gabrielle Court 8 315 Gabriella Court 9 365 Gabriella Court 10 375 Gabriella Court t 1 A Gabriella Court r 12 520 Gabriella Court 13 665 Gabriella Court 14 670 Gabriella Court t ' C ,✓1) moii- —�}; - !''-� 15 815 Gabriella Court 1� > , (� �/n I f I ?rpg�± ► Pro,,t✓ D wvt�2✓ 2 _?rInt kktwy- si,9rwJiArL- n+- Nay�v_ S gn&+gtre-- 16 820 Gabriella Court 17 965 Gabriella Court A 18 970 Gabriella Court 19.1 99 Gabriella Courtv� Rn �/ �d�� O M i0, L-Zll;�V t i 20 1270 Gabriella Court �- 21 75 Gabriella Court 22 1425 Gabriella Court 23 1570 Gabriella Court 24 1575 Gabriella Court 25 1715 Gabriella Court , 26 1720 Gabriella Court yn YYI,v'�S "� (�, < �1W�.L'V` c1V 2� GL,-1 Q / IAI- 27 1865 Gabriella Court 28 1870 Gabriella Courte_,�kh _Sudf Yl 2915 Gabriella Court j n 30 2060 Gabriella Court ! / 31 2210 Gabriella Court 32 2315 Gabriella Court-(jaw_ 1 ��� t 33 2370 Gabriella Court ��Cc F ��! e ����u: c �� �1�y Y tir1 %ge K-t, Du1r�2.! t _ IPyDG 4-tA elLt) l' 2 a Ajante- $ia1nL�C#u►'� 34 2465 Gabriella Court `7 l s- -j C n v r • Dear Neighbor residing at You are cordially invited to attend an informational meeting to discuss the development of our farm (Showalter Farms) in our neighborhood The meeting will be held at the Mattituck-Laurel Public Library 13900 Main'Road Mattituck, NY 11935 On Wednesday August 13, 2014 From 6:30-8:00 PM The meeting will be moderated by Rion Chuvalas, President of the East End Livestock and Horseman's Association. Other members of EELHA will also be in attendance We will discuss our plans for the agricultural development of our property and address any questions or concerns you may have regarding our horse farm located at 18625 Main Road, Mattituc'k, NY 11952 Please note that this is a private meeting with our adjacent neighbors and is not open to the general public or the press Seating is limited so we ask the following of all attendees: • Bring this original invitation with you, as you will be required to sign into the attendance log as the homeowner of the property listed above • Please limit attendees to only two per household--No children please We look forward to seeing lyou at the meeting Joanne and Chris.Showalter hE STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS Dlvislon of Land&Water Resources 106 Airline Drive Albany,New York 12235 516.457.2713 Fax.518-457-3412 February 17, 2012 Hon, Peter Parsons, Supervisor Town of Lewisboro 11 Main Street PO Box 500 South Salem, NY 10590 Re: Review of the Town of Lewisboro's Zoning Code and the Administration of the Code as Applied tom Farm Dear Supervisor Parsons: As indicated in my January 4, 2012 letter to former Supervisor Duffy, the Department received a request from ,4101§M Farm, for a review of the Town of Lewisboro's Zoning Code for compliance with Agriculture and Markets Law (AML) §305-a (1). oljk� Farm is required under the Town's Zoning Code to have 10 acres or more [§220-23(A)(6)j and to operate pursuant to a horse management plan [§§220-23(A)(6)(a), (b) and (c)j, special permit (§220-32) and a site development plan (§220-44) approved by the Town's Planning Board. Farm is located in the Town's R-4A Residential Zoning District and Westchester County Agricultural District No. 1. The farm would like to expand its operation to board up to 14 horses. On January 13, 2012 1 visited the farm and determined that Farm would be a commercial horse boarding operation, as defined in AML § 301(13), if it was permitted to board 10 or more horses on the property. 41111W Farm Is comprised of 7.6 acres of paddocks, pasture, and farm buildings. The land and accessory structures are used to support their horse boarding activities, which include boarding, lessons, training, and sales. Buildings on the property include the main barn, with five horse stalls, a tack room, grooms quarters and the owner's residence; the second barn contains three horse stalls; the third barn contains four horse stalls and the fourth barn contains two horse stalls. The property also has one run-in shed that shelters one horse. There are 14 established paddocks on the property as well as an outdoor riding ring. Annual gross income exceeds the $10,000 required to be considered a "commercial horse boarding operation" and the property exceeds the seven acre minimum. According to Town Code, however, the farm can only keep six horses on the property. Due to this limitation,,) Farm cannot qualify for an agricultural assessment because AML §301(13) requires that 10 horses, regardless of ownership, be boarded on the farm. Hon. Peter Parsons, Supervisor Town of Lewisboro Page 2 It is unclear how the Town classifies JIM� Farm's operation. Town Zoning Code §220-2(B) defines "ranching" as the "[b]reeding, raising or managing an animal farm. In the case of horses, this would include the training of horses." Ranching is a permitted principal use within the R-4A Zoning District but is subject to special permit approval [§220-23(A)(4)]. Riding academies are permitted principal uses in the R-4A zone, but require 10 acres or more [§220- 23(A)(6)] and also require a special use permit. A "riding academy" is defined in §220-2(B) as, among other things, "[a] facility for the boarding, training and showing of horses and for the instruction of persons in the art of horsemanship." Under the AML, both "commercial horse boarding operations" and "commercial equine operations" are defined, in part, as consisting of at least seven acres [AML §301(13) and (17)]. if the farm is considered a "riding academy" under the Zoning Code, then the administration of the 10 acre minimum size threshold to the farm would be unreasonably restrictive in possible violation of AML §305-a (1) since the Code requires more than seven acres to operate. Sections 220-23(A)(4)(c) and 220-23(A)(6)(b) limit the number of horses on a parcel of land to one animal for the first two acres and one animal for each additional acre. In prior reviews, the Department has determined that a town's limitation on the number of horses allowed per acre could be unreasonably restrictive. The Department considers, among other things, the impacts on a particular farm operation to determine if a density limitation is unreasonably restrictive. If pasture is to be used for sustenance, then one acre of pasture per horse is usually appropriate. If the area is to be used for a turn-out area then five or more head may be carried on ane acre of landany commercial orse oar ing equine operations are closed systems where they are conducted on smaller acreage, feed is brought in and manure is exported off the farm. This describes the activities conducted at+ E Farm. Feed is brought to the farm and the manure/bedding is deposited in a dumpster that is emptied and removed from the farm. Theehave been working with the Watershed Agricultural Council, East of Hudson Program, to design and construct a new manure storage facility on the farm. Based upon a review of the farm operation, the number of available paddocks and the number of horse stalls/shelters within existing structures,414NOWfarm could accommodate up to 14 boarded horses. The Town's Zoning Code, which limits the number of horses at the farm, has a chilling effect on the farm, preventing it from growing, and is unreasonably restrictive in possible violation of AML §305-a(1). In general, the construction of on-farm buildings and the use of land for agricultural purposes within a county adopted, State certified agricultural district should not be subject to site pian review, special use permits or non-conforming use requirements. The purpose of an agricultural district is to encourage the development and improvement of agricultural land and the use of agricultural land for the production of food and other agricultural products as recognized by the New York State Constitution, Article XIV, Section 4. Therefore, generally, agricultural uses and the construction of on-farm buildings as part of a farm operation located within an agricultural district should be allowed uses. Town Law §274-b(1) allows a town board to authorize a planning board or other designated administrative body to grant special use permits as set forth in a zoning ordinance or local law. "Special use permit" is defined as "...an authorization of a particular land use which is permitted In a zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such requirements are met." Agricultural uses in an agricultural district are not, however, "special uses." They are constitutionally recognized land uses which are protected by AML § Hon. Peter Parsons, Supervisor Town of Lewlsboro Page 3 305-a(1). Further, agricultural districts are created and reviewed locally through a process which includes public notice and hearing, much like zoning laws are adopted and amended. Therefore, absent any showing of an overriding local concern, an exemption from special use permit requirements should be provided to farm operations located within an agricultural district, in light of the purposes of an agricultural district, requiring 41111� Farm to operate pursuant to a special permit unreasonably restricts the farm operation in possible violation of AML § 305- a(1). Since site development plan approval is required due to the Town's treatment ofd Farm as a special permit use, requiring Farm to operate pursuant to an approved site development plan also unreasonably restricts the farm operation in possible violation of AML § 305-a (1). The application of site plan requirements to farm operations can have significant adverse impacts on such operations. Site pian review, depending upon the specific requirements in a local law, can be expensive due to the need to retain professional assistance to certify plans or simply to prepare the type of detailed plans required by the law. The lengthy approval process in some local laws can be burdensome, especially considering a farm's need to undertake management and production practices in a timely and efficient manner. Site plan fees can be especially costly for start-up farm operations. Therefore, absent any showing of an overriding local concern, generally, an exemption from site plan requirements should be provided to farm operations located within an agricultural district. However, as discussed in more detail in the Department's Guidelines for Review of Local Zoning and Planning Laves (copy enclosed), the Department recognizes the desire of some local governments to have an opportunity to review agricultural development and projects within their borders. Therefore, the Department developed a model streamlined site plan review process which attempts to respond to farmers' concerns while ensuring that local issues are examined. The Department's Local Zoning Guidelines discuss the Department's recommended streamlined site plan review process in greater detail. If the Town proposed such a review for farm operations in an agricultural district, Including 40111111111111111M Farm, the Department would review it for compliance with AML §305-a. Zoning Code §220-23(A)(6)(a) requires a horse management plan to be submitted and approved by the Planning Board. 42019M Farm is currently working with the WAC, East of Hudson Program where they are addressing environmentally sensitive matters such as manure storage/composting and storm water runoff. These environmental stewardship efforts could serve as the foundation of the required horse management plan. The Department, however, has the following comments on some of the requirements for horse management plan approval: §220-23(A)(6)(a)(1) states that the storage of manure and soiled bedding is not allowed within 150 feet of a street, property line, watercourse or wetlands area. The Department's guidance document on manure storage, entitled Guidelines for Review of Local Laws Affecting Nutrient Management Practices (i.e, Land Application of Animal Waste, Recognizable and Non- recognizable Food Waste, Sewage Sludge and Septage: Animal Waste Storage/Management), copy enclosed, is consistent with the Department of Health's Appendix 5-B, Standards for Water Wells, that provides that managed manure storage facilities cannot be located within 100 feet of a water well. The DOH established these standards to protect the water supply and public health and safety. Setbacks which exceed the DOH standard may be unreasonably restrictive under the AML. • 0 Hon. Peter Parsons, Supervisor Town of Lewisboro Page 4 §220-23(A)(6)(a)(5) requires the farmer to delineate wetland boundaries to prevent animal waste from contaminating ground or surface waters. A review of the State wetlands map for the area indicates that a State regulated wetland is partially located on�Farm. The Department of Environmental Conservation's regulation of wetlands is set forth In §24-0701 of the Environmental Conservation Law (ECL) and 6 NYCRR Part 663. Section 24-0701(4) of the ECL excludes the following from regulated activities: "The activities of farmers and other landowners in grazing and watering livestock, making reasonable use of water resources, harvesting natural products of the wetlands, selectively cutting timber, draining land or wetlands for growing agricultural products..." Established paddocks on Farm are not located within the State regulated wetland. Requiring 40�Farm to delineate wetlands on their property is expensive and time consuming, especially when the potential use of the wetland for agricultural purposes does not conflict with the ECL. Farm should not be required to submit a wetlands map for the farm, but could be required to discuss how the use of the wetlands would be incorporated Into their farm plan. §220-23(A)(6)(c) of the Code requires Inspections to ensure compliance with the horse management plan and any conditions contained in a special permit issued by the Town of Lewisboro's Planning Board. The Department does not view inspections when required in conjunction with a streamlined site plan, rather than a special use permit, and reasonable fees, to be unreasonably restrictive. For the reasons set forth above, the Town of Lewisboro's Zoning Code, which requires Farm to limit the number of horses on the property to six; requires at least 10 acres to operate a riding academy; and requires that the farm operate pursuant to a special permit and an approved site development plan unreasonably restricts the farm operation on its face in possible violation of AML § 305-a (1). The Department would, however, like to hear from the Town on the issues raised. If the Town agrees that the farm will be allowed to operate as described in this letter, consistent with the protections afforded by AML §305-a, please confirm by your reply to the Department. We request that you respond in writing within 30 days of receipt of this letter. The Department would like to work with the Town to resolve the concerns identified above regarding the local law and AML § 305-a. I may be contacted at (518) 457-2713 concerning the agricultural issues identified. If the Town Attorney has questions, he or*she may contact John Rusnica, Associate Attorney, at(518)457-2449. Sincerely, o ert omers, Manager Agricultural Protection Unit cc: ,�Farm Patricia eckham, Chairman, Westchester County AFPB John Rusnica, Associate Attorney, Dept. of A&M Kalin, Carol From: James Gilvarry <mottogilvarry@yahoo.com> Sent: Friday, August 15, 2014 1:05 PM To: Kalin, Carol Subject: Re: SCTM#1000-108-4-1.4 August 15, 2014 l Southold Town Planning Department AUG 1 2014 j I a 54375 Main Road - - -- Southold, NY 11971 Dear Mr, Wilcenski, I am writing in regards to the Showalter Farms application for Site Plan Review, 1000-108.- 4-1.4. 1 sincerely appreciate the opportunity to express my concerns to the Planning Board. In an effort to be brief, I will share my main concerns, which I hope the Planning Board will consider as they make decisions regarding a change in our community. This change has the potential to threaten our safety and quality of life, as well as set a dangerous precedent. Safety: The discussion about the possible opening of Noah's Path / Theresa Drive has many residents concerned. Rather than be assuaged, these concerns have only grown. While the property owner has suggested that they are not interested "right now" to have an entrance to their property from Noah's Path, they will not commit to not opening the road. In fact, the property owner submitted a site plan that does show an entrance from Noah's Path. This site plan is available on the Town website in the planning board folder, so I hope you have seen it as well. It has a date of June 2nd on it, and is located on page 165 of the current 221 page file. When asked about this plan, created by their agent and submitted to the town, the Showalters and their agent stated that that was just an old, preliminary plan that they had to show the town in order to give an overview of what they "might want to do." These statements seem contradictory to their claims that they did not have any plans for this road, for other buildings, etc. I feel no reassurance from any of these statements. In addition, at the meeting at Mattituck Library, the Showalters and their agent stated that the town "might require us" to open that road for safety. To do so, would risk the safety of the many children and residents of Gabriella Court, as well as completely change the character of the neighborhood. This is completely a negative impact on the surrounding neighbors that your Board considers when making these decisions. None of the farms before this have required this road opened because they used the land for farming, not commercial activities. If the Showalter riding academy were permitted to have special events, there is nothing to prevent a tidal wave of cars to invade our peaceful neighborhood. Gabriella Court is a residential, safe street that should not be subjected to dangerous, disruptive conditions in order for someone to profit. Our children's lives are not worth that risk. Quality of Life: At the pubic hearings and the library meeting, the agent for the Showalters has stated that the residents of Gabriella Court "knew they were buying land next to a farm." I could not i agree more. However, a farms very different than a commercial eejuine business, and its impact on the community will be very different. In an application to the Zoning Board, the agent for Showalter Farms described their intended site use as "all the services included under a Commercial Horse Boarding Farm Operation, PLUS riding lessons to the general public, public trail rides,and other more public commercial equine related activities." It is these " other more public commercial equine-related activities" that have me concerned more than anything else. As beautiful as horses are and as peaceful as a horse farm can be, "other more public commercial equine-related activities" can be something else entirely. Special events such as horse shows, hunter derbies, fundraisers, etc. are events that have the potential to be incredibly disruptive to our residential area. This is the difference between living next to a horse farm and living next to a Commercial Equine business. While it may not currently be the intention of the property owners to have events like this, I do not feel that we can not be too cautious. After all, we have all seen the morphing of other local businesses into something we never imagined they would be. We cannot afford to let this happen with this farm for the adjacent neighborhoods and the entire North Fork community. Precedent: What message are we sending to local farmers who have sold or are considering selling their development rights if we allow a riding academy to function on land protected by an easement? It is a fact that the monetary value of this land would have been much more higher had the rights not have been sold to the Town. The message we send is to buy protected land less expensive and ask the rules to be bent. In fact, the Showalters stated at the library meeting that their hunter derby ring will be put in their paddock area that they have already constructed. When asked, by me, at the library meeting how they could plan to do that since they are not allowed to have riding lessons on the protected twenty acres, they stated that this was considered "horse training." I reiterated that customers would not be allowed to practice on the twenty acres, and the property owners and their agent reiterated that the customers need to train their horses and could do so on the twenty acres. This alone contradicts what I was told by Ms. Lanza and Ms. Toth about the protected area on the twenty acres, who st that employees could train horses on the protected land, not customers. Clearly the property owner intends to use the twenty acres for commercial activities, despite the easement. In short, I am asking Southold Town to proceed cautiously and not open the door to a slew of construction and activities that are disruptive and not in keeping with the community. We need your help to protect our peaceful neighborhood. Sincerely, Anne Gilvarry 2 L. SAT ANNETTE COLLINS-FERRARA TE CEl � V1 665 Gabriella Court ';i.,I,{ a Ll LII AUG 1 21)1". Mattituck, NY 11952 Southold +o�vn - Flaming Coird August 14, 2014 Attn.: Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southold 54095 Main Road Southold, NY 11971-0959 Re: Showalter Farms, LLC Hearing#6778 Dear Madam Chairperson and Zoning Board Of Appeals Members: In an effort to further communicate my objections to the Equestrian Stables and Riding Academy Special Exception Application referenced above, I am writing this letter to supplement my comments made at the Hearing on August 7, 2014, as follows: 1. While the Phase 1 site plan has only 8-10 parking spaces shown,that will not be sufficient off- street parking for the Agri-amusement operation of a Riding Academy. I would venture to guess that the traffic on weekends will be further congested by people parking along Main Street to get out and inquire about lessons,watch the horses with their children as the riders bond after a session in the street viewable paddock or come to one of the horse events described as "etc." The 8-10 parking spaces will already be used by employees (4) and boarders or students. 2. It is clear that the pending Riding Academy will affect the peace and quiet of the residential neighborhood by the inherent sounds of training commands, barrier logs bouncing, personnel communication and natural horse noises. There must be at least 10 horses for their Agri- Markets designation and up to 30 hours. They are planning 20 as stated by Mr. Showalter last night at the private meeting in the Library. The smell of uncovered horse manure wafting over via a cool breeze will kill the idea of getting fresh air in one's lungs forever. More rodents will be attracted by feed bins and droppings. Horse flies will be sucking blood and preclude the enjoyment of our back yards. Pesticides will be used by the Riding Academy with no warning as it is his usual way to do it and apologize later. One day, we were inundated with a brown cloud of who knows what; and it forced us in the house wondering if we should wear gas masks every time we go outside! 3. The fact that the Showalters will not be living on the property further increases their disregard for the comfort and safety of the neighborhood. They will not be on top of things like manure piling up and spilling out of containers in the rain. With 20 horses, there could be TWO TONS of stinking manure stored 150 from me in a week, and they are sticking to the once a week removal! Why isn't it required that these "farmers" live on this horse farm, if they love horses so much. They would not like to smell horse manure at their home on the shore,where they destroyed the wetlands to get a better view and paid the fine later. Oops! Another apology! i • Who will police the restrictions placed on them by the ZBA.....the residents? That is only re- active enforcement,your denial of this application will be proactive enforcement of the Building Code. 4. The Riding Academy business in not compatible with pre-existing residential neighborhood that was planned by the Town as affordable housing for families. There are no guarantees that Theresa Lane (Noah's Path)will not be opened up from Gabriella Court. Down the road it could be required by Fire Department or other entities. The safety of children and the increased traffic and pollution by trailers and other vehicles will be jeopardized. This Riding Academy will be equivalent to someone putting up an amusement park in your back yard.... Only the rides are live horses with flys and manure. Would you like that? A horse farm stops being a horse farm when riding lessons and large scale boarding operations and derby trails are planned. 5. The large scale Indoor Training Arena and the new Stables will be equivalent to living behind a strip mall. That was not the intention of the A-C Zoning or the Preservation of Farm Land. My entire back yard will be engulfed by the Indoor Arena and it will block sunlight for my vegetable garden and grass. Not to mention the VIBRO-MAX machinery that will be coming back to pound down the earth for week-long earthquake tremors affecting my home and my nerves. 6. 1 have not heard how the changes in the elevation and topography of the subject property have affected drainage. Without site plan pre-approval these changes were made and Oops! Another apology! The land where the Outdoor Training Ring was installed would need extensive remediation if it could be farmed every again. Are we to take the Showalters' word that everything was done according to code? What if the ZBA wanted more conditions...Oops! Another apology! 7. The DEC should be looking into the affect of these drainage changes on the Recharge Basin, located in front on the Main Street end of the property. Again, no pre-approval just...Oops! Another Apology! 8. There cannot be enough evergreen screening to keep dust, noise and manure and stable smells from wafting over to the adjoining back yards. The pastoral view will be for every gone and the commercial,Agri-amusement enterprise will take over the enjoyment that residents look forward to in the Town of Southold. 9. Last but not least, I am enclosing a copy of a letter, dated July 30, 2014, from my Allergy Specialist, Eugene Gerardi, M.D., which describes my health issues that would be affected by increased dust, pests, horse dander and odors that are inherent with an Equestrian Boarding Facility and Riding Academy. In closing, I would like to add that moving to Mattituck has been a retirement dream of mine and that dream has become my worst nightmare! Sincerely yours, ANNETTE COLLINS-FERRARA Enc. C: Southold Town Planning Board SCTM#1000-108-4-1.4 MID ISLAND ALLERGY GROUP, P.C. EUGENE GERARDI, M.D. GREGORY PUGLISI, M.D. MYRON ZITT, M.D. 1171 OLD COUNTRY ROAD,STE.5 500 WEST MAIN STREET,STE.216 PLAINVIEW,NEW YORK 11803 BABYLON,NEW YORK 11702 TEL.(516)938-7676 TEL.(631)669-6350 FAX(516)938-7718 FAX (631)669-1128 July 30, 2014 Re: Annette Collins Ferrara To Whom It May Concern: My patient, Annette Collins Ferrara, has been in my care since 2002 for Allergic Rhinitis and Asthma. I have prescribed and she is taking Singulair, Allegra and Proventil (bronchodilator) for shortness of breath, wheezing, sneezing, coughing, histamine, and airway inflammation. Allergic Asthma can be triggered by dust, strong smells, horse dander, stress and other irritants. Ms. Ferrara Suffers from extreme wheezing coughing, shortness of breath and tightening in her chest and headaches when exposed to these irritants. She also has Sampter Syndrome, which includes allergic reactions to Aspirin. This Syndrome restricts her to Acetaminophen; and needed constantly; it could cause liver damage or failure. As an Allergist, I am concerned with Ms. Ferrara's exposure to a horse boarding riding academy right in her own backyard. The exposure to dust,paddock manure, horse dander, stress and other irritants could have the potential of requiring urgent hospital care. Sincerely, Eugene Gerardi, MD s�( 1Yi"�� ��� .:J ;vn August 12, 2014 To Chairman Donald Wilcenski, saur�r�3uryvsdn dF11 �9 My name is Derek McLean and I reside at 515 Gabriella Court in Mattituck. My property is located directly behind the proposed Showalter Horse Farm on Main Rd. I have many concerns about the horse farm that has been proposed to the board. 1. Riding around the edge of the property-what is meant by riding around the edge of the property? Does this mean horses and vehicles will be able to ride outside of the fence along the back of the property? If this riding along the edge of the property is allowed,there will be more noise and dirt and dust going onto my property. 2. Landscaping-I want it in writing that if a large building is built there will be landscaping around it and maintained. This will ensure my privacy so people in and around that building will not be able to look directly onto my property. 3. Drainage-where is the drainage plan? Where will the runoff go? What are the chances of the runoff coming onto my property? 4. Parking-8 parking spots have been designated for the property. As of now the tenants just part on the front lawn of the house. Are 8 spots enough for what is being proposed? 5. What is the set back of buildings off the property lines for the future? 6. Horse manure-once a week removal cannot be enough for the number of horses that are at the farm. How many horses will be on the farm? Where will all the horses go if there are not enough stalls? 7. Lighting-what kind of lighting will there be and how tall? Will the lights from the farm shine directly onto my property? 8. PA System-will there be a system installed at the farm? If so, how loud will it be and how late will it be used? 9. Horse shows and events-according to the leasee there will be horse shows and events at the farm. Where will additional parking be for these events? How often will these be and what hours? What about bathroom facilities for these events? What about bathroom facilities for the employees of the farm? Where are the rest of the cars,trucks and horse trailers going to be parked for events and even on a daily basis? Where will the overflow of parking be? 10. Overflow parking-we want a guarantee there will be no overflow of parking on Gabriella Court or Noah's Lane. 11. Owner occupied-the zoning states the farm must be owner occupied. Who is living there now if not owner occupied? Why is that exception being made? 12. Deliveries-where will deliveries and of hay and food be made? The property entrance on main road is quite narrow. Will the farm be able to handle and direct all incoming and outgoing traffic from this narrow entrance/exit? 13. Eugene's road-we want a guarantee in writing that this road will never be opened to be used for an entrance and exit to the farm. Our neighborhood is small and filled with over 50 children. Having that road opened and having the access there will be detrimental to our neighborhood and safety of our children. 14. Quality of life-our quality of life will be impacted in many ways as explained above My final concern about this farm is why is this being fast tracked through? Is it because the owner sat on the town Board of Ethics? Because he sat on the Republican Committee? I appreciate you taking the time to read my concerns over this farm. i �,,,�..".��..""•�,,.,.� �,.�.,,.,.,oma.. 11 'i i �. �.��-i;�,Y�-M`� lf�lllrrr�rlllr�r�rrri�llr�r,nr��ir�irrlllrl�llrrrr,ririrlr�lrl} ti + ROTTM RANCH, P.O.Box 500 MaWtuck,NY 1195210500 } t- L , J August 9, 2014 Lucille M Sullivan �� 1375 Ackerly Pond Lane S i Southold, New York 11971 3 631-252-3687 '3 Dressagegirl1@optonline.net h Ms. Leslie Kanes Weisman,Chairperson Town of Southold Zoning Board of Appeals 54375 Main Road PO Box 1179 Southold, New York 11971 Re:Showalter Farms, LLC#6778—Request for special exception under Article III,Section 280-13B(12)for equestrian stables and riding academy Dear Ms. Weisman: I take this opportunity to write this letter as a follow-up to Thursday's public meeting regarding the above referenced property. Upon further investigation of the property and reflection on the responses by the Showalter's representative, Mr. Nemshick, I find it necessary to reiterate and expand on three points and questions. First,the question that I raised to Mr. Nemshick, is it the Showalter's intention to be an owner operator or a landlord, deserves a straightforward answer. Mr. Nemshick stated he did not understand why so much emphasis was being placed on an advertisement and that there is currently no lease on the property. Yet the Showalters have obviously made commitments to Mr. Gondolfo because the farm hands that work for Mr.Gondolfo are currently occupying the residence at the new farm. Mr. Gondolfo is quoted in the August 7,2014, issue of the Suffolk Times as saying: "...We just took the ad out because it was the beginning of the summer and we wanted to let people know what we were doing.....The Showalters happened to be a customer of mine and we agreed that when their place is ready one day, I will move from my place and lease their property." If any or all of this is true,then this advertisement shows intent and you have a very incomplete site plan that this special exception application hinges on. Both Mr. Gondolfo's advertisement and the information submitted to the Land Preservation Committee are more exhaustive than the representations made to the planning board. This supports my conclusion that you are only able to issue this permit at this time, with considerable conditions and that it would be more appropriate to approve the application when you have a complete proposal in front of you to consider. Second, Mr. Showalter's has been quoted as saying that "This is a right-to-farm town."This is entirely true, but the particular piece of property that Mr.Showalter's purchased is governed by a development rights easement that was purchased by the Town of Southold on December 19,2011,for$1,220,000. When those developments rights were purchased the previous owner agreed to relinquish some of the properties farming rights and all subsequent owners are bound by that agreement. If Mr.Showalter had wanted fully in tacked "farming rights" he could have purchased a similar 24 acre parcel in an A-C zone for a sum more likely to be 2.2 million dollars as opposed to the approximately 1 million dollars that he purchased this parcel for. There are a few sections of that easement that I would like to direct the board's attention to. First,Article 3.07 Prohibited Uses states"Except for uses specifically permitted by this Easement,the use of the Property or structures on it for any residential,commercial or industrial uses, permanent or temporary, including but not limited to a riding academy,shall be prohibited."The section further points out that livestock are considered agricultural production by the New York State Agriculture and Markets Law and shall not be considered a commercial use. Article 1.02 Definitions states "'Riding Academy'shall mean a business use of a lot for any of the following purposes:the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events." "The(Land Preservation)Committee passed a motion on January 7, 2014,to approve the use of the property for boarding, breeding, raising and training of approximately 30 horses in accordance with the November 21, 2013 Horse Farm Grazing and Pasture Management Plan, and the proposed improvements and uses as noted above." The uses stated above include a grass training ring, approximately 156.5' by 70 feet and a dirt farm road approximately 15 feet in width running along each side of the property that is to be used to train horses, among other uses. One of your board members questioned Mr. Nemshick as to whether or not the public would be invited in to "rent" horses and was met with a very vague response. The renting of horses to ride unattended around the perimeter of this 20 acre piece of property,either in conjunction with a riding lesson or apart from a riding lesson would clearly be a commercial use by definition and constitute a clear violation of the agricultural easement on this property. In addition, it would seem that the grass training area would be the intended "hunter derby"that was discussed at the public meeting and would also constitute a clear violation of the riding academy definition if a trainer/riding instructor were involved in its use. Further,the Showalter's are anticipating having 70%ponies on this farm. That would indicate that many of the riders would be young and inexperienced and therefore in need of instruction to be capable of riding in this field or around the track. When the NYS Agriculture and Markets law defined livestock as agricultural production and included horses in that definition the spirit of the definition indicated that the horses would be raised on that land. If you read the details of the grazing plan developed for the Showalter's farm by the NCRS it takes into account the nutritional needs of horses that are lactating and not lactating and references grazing for periods of time between 9-12 hours,the indication for those of us in the horse industry is that the calculations are for a breeding program. Mrs.Showalter's qualifies the recommendations saying that they will only turn the horses out for 2-3 hours per day,a scenario more consistent for horses being ridden daily and involved in a riding program. Two reasonable questions based on this information are:will there be any instruction of either the horse or the rider by any individual other than the horse's owner in either of these two areas? And, will there we school/hack horses available to be ridden on the dirt track for a fee? An example of a breeding program that would be welcomed on this property is Gina Leslie's Sandpiper Farm in Riverhead, New York. If you look at Gina's Facebook page or website (http://Publ.andyswebtools.com/cgi-bin/p/awtp-home.cgi?d=sandpiper-farm)you will find that she breeds quality Hannoverian's,she has a small riding ring(outdoor)and a small indoor riding arena to begin the training of these quality horses that she is raising. This is exactly the intent of the Development Rights Easement on this property. My third and final point is that your board members were asking about the relationship between the two parcels. The Showalters' representative stated that other than the lot numbers this application only affected the 4 acres in the AC zone. I must disagree with this assumption. When considering the need for an area variance the zoning board takes into consideration that there are two contiguous lots here. If the applicant were trying to run a riding academy, a residence,and board and raise horses entirely on the AC property they would need a total of 14 acres, because they have a total of 24 acres the area variance is not necessary. Likewise, if they intend to have a total of 30 horses because the land preservation committee has deemed that allowable on this property then you must take into consideration the fact that all of these horses will be conducting their riding lessons and that the Showalters' lessee will be training all of these horses on the front four acres. In conclusion, I am asking that the zoning board of appeals take these facts as well as all of the comments from the public meeting into consideration before issuing a determination on the Showalters' application. It is my firm belief that the application should not be considered in phases but should be presented in its entirety. The applicants should not be allowed to operate with impunity. If you allow them to violate the Development Rights Easement then you are decreasing the value of the property for those of us that are operating farms and riding academies on properties that are completely in the AC zone. The vision that the Showalters have of operating a family friendly horse farm conjures up thoughts of Harbes family farm,which is not the intent that the members of this community had when they approved the use of tax dollars to preserve farm land. Mr. and Mrs. Showalter should not be granted favor because of past town service, political affiliations or perceived affluence. The application in front of this board should be considered on its merit and its merit only. Sincerely, Lucille M Sullivan Brian S Glenn Cc: Donald Wilcenski,Town of Southold Planning Board Melisa Spiro, Land Preservation Coordinator v Nemschick Silverman Architects P.c. . . . the business of ARCHITECTURE." F T View from Main Rd i� View from entry to farm 33105 Main Rd • Cutchogue, New York 11935 • 631.734.7007 telephone • 631.734.7347 facsimile www.ns-arch.com i 1l View West of farm property NiN View North of farm property 33105 Main Rd • Cutchogue, New York 11935 • 631.734.7007 telephone • 631.734.7347 facsimile • www.ns-arch.com M SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION FORM Site Plan Name and Location Site Plan Name: `% qAt TtR Application Date: Suffolk County Tax Map#1000-1002- L' -IA. Other SCTM#s Street Address: I" Rol RDHamlet: MA"1 Md= Distance to nearest intersection: L — Type of Site Plan: New Amended_Residential Zoning District Owners/Agent Contact Information Please list name, mailing address, and hone number or the peopk belovv: Property Owner W _ M'S L�•�9 Street City 2)A" State _ Zip i Home Telephone �-i�v� Other Applicant Street City State Zip Home Telephone Other Applicant's Agent or Represent tive: Contact Person(s)* Street ���� All City State ULA Zip 141 f S Office Telephone t!/'Jl J�A7 It 0�1 Otherr [� 1!q-.I4j70 t *Unless otherwise requested, correspondence will be sent only to the contact person noted here. Site Plan Application Form 2118/2010 Site Data Proposed construction type: New Modification of Existing Structure Agricultural Change of use Property total acreage or square footage: �� �� ac(sq. ft. 1 i Lam. Site Plan build-out acreage or square footage-V�l ac./ q. ft� Is there an existing or proposed Sale of Development Rights on the property? Yes No If yes, explain: 120►oj'Np�� rrt4M- Leomw Does the parcel(s) meet the Lot Recognition standard in Town Code§280-9 Lot Recognition? YXN_ If"yes", plain( nd attach any necessary documentation-title report, subdivision approval, etc.) Building Department Notice of Disapproval Date: Is an application to the Southold Town Zoning Board of Appeals required? Yes No If yes, have you submitted an application to the ZBA? Yes No If yes, attach a copy of the application packet. Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. List all existing property uses: 1 List all proposed property uses:A&l�-4o Other accessory uses: �jk Existing lot coverage: 6.4A0 % Proposed lot coverage:0,46 % Gross floor area of existing structure(s):4 & sq. ft. Gross floor area of proposed structure(s): Parking Space Data: #of existing spaces: of proposed spaces: Loading Berth: Yes No Landscaping Details: Existing landscape coverage: �% Proposed landscape coverage: A--ox. Wetlands: Is this property within 500' of a wetland area? Yes No / Maybe_ I, the undersigned, certify that all t above information is true. Signature of Preparer: Date: 2 Site Plan Application Form 2/18/2010 LAA_F . August 15, 2014 Delivered by Hand Town of Southold Zoning Board of Appeals 54375 Rte 25 - PO Box 1179 AUG 1 5 20)4 Southold, NY 11971 Southold Town RE:Showalter Farms LLC#6778 Planning Board Dear Chairperson Weisman and the entire Zoning Board, We want to thank you and the entire board for taking the time to review our application for a Special Exception under Article III,Section 280-13B(12)for equestrian stables and riding academy located at 18625 Main Road, Mattituck, NY 11952. As was suggested by one of our neighbors, and with agreement by the board,we met with 22 of our neighbors on August 13,2014 to discuss the development of our horse farm/riding academy at the Mattituck Library from 6:30PM-8:OOPM. We had invited 34 homeowners in the neighborhood via hand delivered invitations and we asked everyone to sign in to indicate who had attended the meeting. Attached you will find the original sign-in sheet. Also in attendance was Don Chuvalas, President of the East End Livestock and Horseman's Association who volunteered to moderate the meeting,as well as other members of that organization to help to answer any horse related questions. Our architect Ray Nemschick was there as well to answer any technical questions residents may have had. We discussed the current plan before the Planning Board and Zoning Board of Appeals and also shed some light upon our potential plans for the future. We feel that this meeting was instrumental in explaining to residents what they should expect from us as neighbors,and we believe by the end of the meeting, most residents seemed satisfied with our answers and many shook our hands and wished us luck with our new venture. The biggest questions seemed to involve the following issues: • The potential for utilizing Theresa Lane(aka Noah's Path)as public access to the farm • Manure location and disposal • Confusion in the planning file regarding Phase I and Phase 11 • The size and scale of the farm and potential disruption to residents with trucks and additional traffic • The number of horses anticipated to be on the property 1) In terms of having access to the farm from Theresa Lane,although we had previously considered this,we no longer view this as a viable option. We communicated this to all residents at the meeting. 2) We again discussed our plan to take manure off site at least once weekly via a dump trailer and that the location of the manure would be least 150 feet west of our western border and the Gabriella Court/Theresa Lane residents. Members of EELHA cited other horse farms that remove manure much less frequently, perhaps every 2-3 weeks,and that once weekly should be more than sufficient. 3) We explained that Phase I is currently before the ZBA and Planning Board and that Phase II of the farm is expected to include an indoor riding arena and additional stables, but that the exact location and size was not yet determined. Many residents were confused because they saw a preliminary site plan in our file that was previously submitted to the Building Department,which we subsequently reconsidered,and had since amended to reflect the current plan before you. Our architect explained that amending plans is a normal part of the site planning process, and many things will change along the way after conversations and consultations with different departments in the town. We reiterated once again that we were not planning to break through Theresa Lane. We also emphasized that we are start-up farmers with limited capital,and that we are simply looking to generate some revenues while we consider and save money for our final plan for Phase II. Given the different approvals that would be required to construct a larger building, both inside and outside the Town of Southold,and the input we would seek from a variety of different boards, agencies, and committees,along with consideration of different construction options,we decided that we did not have all the information required to file for the indoor arena and additional stall barns. As such,we decided to approach this project in two phases. 4) In terms of the size and scale of the operation,we told our neighbors that for the most part large trucks and trailers should be minimal, perhaps even less so than other farmers,with deliveries of hay,grain,and/or shavings likely twice per month or once every 4-5 months if we order in bulk. Residents were concerned that eight parking stalls were insufficient, but Ray Nemschick explained the calculation is based upon the town's formula regarding square footage. Members of EELHA concurred, based upon their experiences at other similar sized riding academies,that eight stalls should be sufficient for our needs at this juncture. 5) In terms of horse numbers,we had to correct a statement made by the ZBA that a maximum of 30 horses had been approved by the NCRS and Land Preservation Committee,which applies only to the 20 acres of DRS land. The NCRS grazing plan is based upon the assumption that horses will graze on the paddocks for 12 hours per day,supplemented with hay and grain. The NCRS states in their letter that 13 acres of pasture is more than sufficient to accommodate approximately 30 horses. However,if the planned grazing hours were reduced,and supplemental hay/grain increased,the number of horses that could be accommodated on the same acreage would also increase. Please also note that,the NCRS plan reflects only 13 acres of pasture,while our entire property is 24 acres in total. According to NYS Ag and Markets guidance on stocking rates,any limitation of less than 5 horses per acre is considered unreasonably restrictive(please see attached redacted February 17,2012 letter from the NYS Department of Agriculture to the Town of Lewisboro, NY). In the case of Navillus Dressage,the limitation by the Town of Southold was 2 horses per acre for the entire 10-acre parcel, not just the land available for pasture,which is approximately 7 acres(or 2.85 horses per acre of pasture). Thank you once again for considering our application. I know it has not been an easy process,and we look forward to seeing you at the Special ZBA Meeting schedule f ugust 21, 2014. Sincerely, 6�-6t./1.i1Je anne Chris Showalter Showalter Farms LLC Cc:Town of Southold Planning Board NEIGHBORMTGSIGNIN SHOWALTER FARMS 08/13/14 Neighborhood Meeting Sign-In Sheet Meeting Date 08/13/14 PROPERTY OWNER#1 PROPERTY OWNER#2 ADDRESS Print Name nature Print Name Signature 1 18700 Main Road nndcf,c, Wb 2 18800 Main Roa ± be w / 3 18875 Main Road' 4 18900 Main Road / 5 Bob Rutkowski 6 Dennis Schlesinger 7 245 Gabrielle Court 8 315 Gabriella Court 9 365 Gabriella Court 10 375 Gabriella Court 11 _ ,5 Gabriella Court 12 520 Gabriella Court 13 665 Gabriella Court � j�`L. �-Grf�✓tom 14 670 Gabriella Court � tLun_ 15 815 Gabriella Court�. proves Rroox✓ c-A O wnA V' 2 ?e,Ai- kkwyv S i MJ-tArL. Piri n�- Na,txc S gt�c�}urt- 16 820 Gabriella CourtJ I r 0547" 17 965 Gabriella Court Yv2 � r ...E ► 18 970 Gabriella Court "� 19 '© �1 Gabriella Court e Yin i 1: 20 1270 Gabriella Court 21 1275 Gabriella Court 22 1425 Gabriella Court 23 1570 Gabriella Court 24 1575 Gabriella-Court- 25 1715 Gabriella Court L_ 26 1720 Gabriella Court p- G��n�v'1S Y �(�,V�r� U� a 146, ^ l 27 1865 Gabriella Court (, C, , 28 1870 Gabriella Court �e-k I d �f Ura vl 29 A5 Gabriella Court 30 2060 Gabriella Court 31 2210 Gabriella Court 32 2315 Gabriella Court oa, l '-w." ' QO-- 33 2370 Gabriella Court VN YlA - Rg- � Prooc OWAd-f t Prayc v4-t, QLuYLtr 2- pie,n4' kk"A� a AAA-&ty't ��►rti#- Name Sicw��u.►� 34 2465 Gabriella Court qIS" R��1Js R� ���� cAJaht: 1 r i I i Dear.NeighEor .eliding at You.are cordially invited,to atten� pan Informational jna ,sting to d OgssA,he develr-fpm-ent of our farxr�: Kowa er,Farn a in c neig b, rhood The m+ a#irig. he 1Vlatti#u1 - ri riWk, irary 1;39a�., in load ma tituak, y. . OU i Qn 3l il + # � ! y �1 s °� f rt�.ofthe i i` _.,fir i I aatt:open-to "C .lea#isiU '4omg, • rrgt�,s�ca �g� +It �tiih ` r« Y �x r ihto the • :F'laeliriteaoes to, r�lyr !®; er^ e11dliltWen:p`le4se 1Ie:J , kQrwar�d to_ag. r rletng 4000,oelandiQhnphpr i n STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS Division of Land&Water Resources 106 Airline Drive Albany,New York 12235 518.457.27f3 Fax.5f8457-3412 February 17, 2012 Hon, Peter Parsons, Supervisor Town of Lewlsboro 11 Main Street PO Box 500 South Salem, NY 10590 Re: Review of the Town of Lewlsboro's Zoning Code and the Administration of the Code as Applied to4oiw Farm Dear Supervisor Parsons: As Indicated in my January 4, 201? letter to former Supervisor Duffy, the Department received a request from AjWog�,4IMMOM Farm, for a review of the Town of Lewisboro's Zoning Code for compliance with Agriculture and Markets Law (AML) §305-a (1). 41kVM� Farm is required under the Town's Zoning Code to have 10 acres or more (§220-23(A)(6)] and to operate pursuant to a horse management plan (§§220-23(A)(6)(a), (b) and (c)], special permit (§220-32) and a site development iplan (§220-44) approved by the Town's Planning Board. Farm is located In the Town's R-4A Residential Zoning District and Westchester County Agricultural District No. 1. The farm would like to expand its operation to board up to 14 horses. On January 13, 2012 1 visited the farm and determined that Farm would be a commercial horse boarding operation, as defined in AML § 301(13), if It was permitted to board 10 or more horses on the property. 401AW Farm is comprised of 7.6 acres of paddocks, pasture, and farm buildings. The land and accessory structures are used to support their horse boarding activities, which Include boarding,,, lessons, training, and sales. Buildings on the property include the main barn, with five horse stalls, a tack room, grooms quarters and the owner's residence; the second barn contains three horse stalls; the third barn contains four horse stalls and the fourth barn contains two horse stalls. The property also has one run-in shed that shelters one horse. There are 14 established paddocks on the property as well as an outdoor riding ring, Annual gross income exceeds the $10,000 required to be considered a "commerclal horse boarding operation" and the property exceeds the seven acre minimum. According to Town Code, however, the farm can only keep six horses on the property. Due to this limitation, Farm cannot qualify for an agricultural assessment because AML §301(13)requires that 10 horses, regardless iof ownership, be boarded on the farm. Hon. Peter Parsons, Supervisor Town of Lewisboro Page 2 It is unclear how the Town classifies Jll� Farm's operation. Town Zoning Code §220-2(B) defines "ranching" as the "(b]reeding, raising or managing an animal farm. In the case of horses, this would include the training of horses." Ranching is a permitted principal use within the R-4A Zoning District but is subject to special permit approval [§220-23(A)(4)]. Riding academies are permitted principal uses in !the R-4A zone, but require 10 acres or more [§220- 23(A)(6)] and also require a special use permit. A "riding academy" is defined in §220-2(B) as, among other things, "[a] facility for the boarding, training and showing of horses and for the instruction of persons in the art of horsemanship." Under the AML, both "commercial horse boarding operations" and "commercial equine operations" are defined, in part, as consisting of at least seven acres [AML §301(13) and (17)]. If the farm is considered a "riding academy" under the Zoning Code, then the administration of the 10 acre minimum size threshold to the farm would be unreasonably restrictive in Oossible violation of AML §305-a (1) since the Code requires more than seven acres to operate.' Sections 220-23(A)(4)(c) and 220-23(A)(6)(b) limit the number of horses on a parcel of land to one animal for the first two acres and one animal for each additional acre. In prior reviews, the Department has determined that a town's limitation on the number of horses allowed per acre could be unreasonably restrictive. The Department considers, among other things, the impacts on a particular farm operation to determine if a density limitation is unreasonably restrictive. if pasture is to be used for sustenance, then one acre of pasture per horse is usually appropriate. If the area is to be used for a turn-out area then five or more had may be c r led on one dM ot lend many commercial orse boarding/equine operations are closed systems where they are condlucted on smaller acreage, feed is brought in and manure is exported off the farm. This describes the activities conducted at+ E Farm. Feed Is brought to the farm and the manur6/bedding is deposited in a dumpster that is emptied and removed from the farm. The4have been working with the Watershed Agricultural Council, East of Hudson Program, to design and construct a new manure storage facility on the farm. Based upon a review of the farm operation, the number of available paddocks and the number of horse stalls/shelters within existing structures,AMPOWfarm could accommodate up to 14 boarded horses. The Town's Zoning Lode, which limits the number of horses at the farm, has a chilling effect on the farm, preventing It from growing, and is unreasonably restrictive in possible violation of AML §305-a(1). In general, the construction of on-farm buildings and the use of land for agricultural purposes within a county adopted, State certified agricultural district should not be subject to site plan review, special use permits or non-conforming use requirements. The purpose of an agricultural district is to encourage the development and improvement of agricultural land and the use of agricultural land for the production of food and other agricultural products as recognized by the New York State Constitution, Article XIV, Section 4. Therefore, generally, agricultural uses and the construction of on-farm buildings as part of a farm operation located within an agricultural district should be allowed uses. Town Law §274-b(1) allows a town board to authorize a planning board or other designated administrative body to grant special use permits as set forth in a zoning ordinance or local law. "Special use permit" Is defined as "...an authorization of a particular land use which is permitted In a zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood If such requirements are met." Agricultural uses in an agricultural district are not, however, "special uses." They are constitutionally recognized land uses which are protected by AML § Hon. Peter Parsons, Supervisor Town of Lewisboro Page 3 305-a(1). Further, agricultural districts ate created and reviewed locally through a process which includes public notice and hearing, much like zoning laws are adopted and amended. Therefore, absent any showing of an overriding local concern, an exemption from special use permit requirements should be provided to farm operations located within an agricultural district. in light of the purposes of an agricultural district, requiring 41� Farm to operate pursuant to a special permit unreasonably restricts the farm operation in possible violation of AML§ 305- a(1). Since site development plan approval is required due to the Town's treatment ofAJO111WP Farm as a special permit use, requiring Farm to operate pursuant to an approved site development plan also unreasonably restricts the farm operation in possible violation of AML § 305-a (1). The application of site plan requirements to farm operations can have significant adverse impacts on such operations. Site plan review, depending upon the specific requirements in a local law, can be expensive due to the need to retain professional assistance to certify plans or simply to prepare the type of detailed plans required by the law. The lengthy approval process in some local laws can be burdensome, especially considering a farm's need to undertake management and production practices in a timely and efficient manner. Site plan fees can be especially costly for start-up farm operations. Therefore, absent any showing of an overriding local concern, generally, an e�'Cemption from site plan requirements should be provided to farm operations located within an agricultural district. However, as discussed in more detail in the Department's Guidelines for Review of Local Zoning and Planning Laws (copy enclosed), the Department recognizes the desire of some local governments to have an opportunity to review agricultural development and projects within their borders. Therefore, the Department developed a model streamlined; site plan review process which attempts to respond to farmers' concerns while ensuring that local issues are examined. The Department's Local Zoning Guidelines discuss the Department's recommended streamlined site plan review process in greater detail. If the Town proposed such a review for farm operations in an agricultural district, including ANNOW Farm, the Department would review it for compliance with AML §305-a. Zoning Code §220-23(A)(6)(a) requires a horse management plan to be submitted and approved by the Planning Board. 48MAM Farm is currently working with .the WAC, East of Hudson Program where they are addressing environmentally sensitive matters such as manure storage/composting and storm water runoff. These environmental stewardship efforts could serve as the foundation of the required hofse management plan. The Department, however, has the following comments on some of the requirements for horse management plan approval: §220-23(A)(6)(a)(1) states that the storage of manure and soiled bedding Is not allowed within 150 feet of a street, property line, Watercourse or wetlands area. The Department's guidance document on manure storage, entitled Guidelines for Review of Local Laws Affecting Nutrient Management Practices (i.e, Land Application of Animal Waste, Recognizable and Non- recognizable Food Waste, Sewage - Sludge and Septage: Animal Waste Storage/Management), copy enclosed, is consistent with the Department of Health's Appendix 5-B, Standards for Water Wells, that provides that managed manure storage facilities cannot be located within 100 feet of a water well. The DOH established these standards to protect the water supply and public health and safety. Setbacks which exceed the DOH standard may be unreasonably restrictive under the AML. Hon. Peter Parsons, Supervisor Town of Lewisboro Page 4 §220-23(A)(6)(a)(5) requires the farmer to delineate wetland boundaries to prevent animal waste from contaminating ground or surface waters. A review of the State wetlands map for the area indicates that a State regulated wetland Is partially located on 4�Farm. The Department of Environmental Conservation's regulation of wetlands is set forth in §24-0701 of the Environmental Conservation Law(ECL) and 6 NYCRR Part 663. Section 24-0701(4) of the ECL excludes the following from regulated activities: The activities of farmers and other landowners in grazing and watering livestock, making reasonable use of water resources, harvesting natural products of the wetiandt, selectively cutting timber, draining land or wetlands for growing agricultural products..." Established paddocks on Farm are not located within the State.regulated wetland. Requi[ing 42 Farm to .delineate wetlands,on their property is expensive and time consuming, eepe felly when'the`potential-`use of It a wetland°for agricultural purposes does not conflict with';the ECL. Farm should not be required to submit a wetlands map for the farm, but could be required to discuss how the use of the wetlands would be incorporated Into their farm plan. §220-23(A)(6)(c) of the Code requires Inspections to ensure compliance with the horse management plan and any conditions contained in a special permit Issued by the Town of Lewisboro's Planning Board. The Department does not view inspections when required in conjunction with a streamlined site plan, rather than a special use permit, and reasonable fees, to be unreasonably restrictive. For the reasons set forth above, the Town of Lewisboro's Zoning Code, which requires Farm to limit the number of horses on the property to six; requires at least 10 acres to operate a riding academy;and requires that the farm operate pursuant to a special permit and an approved site development plan unreasonably restricts the farm operation on Its face in possible violation of AML § 305-a (1). Tho Department would, however, like to hear from the Town on the Issues raised:. If the Town agrees that the farm will be allowed to operate as described in this letter, consistent with the Orotections afforded by AML §305-a, please confirm by your reply to the Department. We request that you respond in writing within 30 days of receipt of this letter. The Department would like to work with the Town to resolve the concerns Identified above regarding the local law and AML 305-a. I may be contacted at (518.) 457-2713 concerning the agricultural issues identified.; If the Town Attorney has questions, he or she may contact John Rusnica, Associate Attorney, at(518)457-2449. Sincerely, o ert omers, Manager Agricultural Protection Unit Farm cc: Patric a eckham, Chairman, Westchester County AFPB John Rusnica, Associate Attorney, Dept. of A&M Kalin, Carol From: James Gilvarry <mottogilvarry@yahoo.com> Sent: Friday, August 15, 2014 1:05 PM To: Kalin, Carol Subject: Re: SCTM#1000-108-4-1.4 August 15, 2014 `' E- Q. U Southold Town Planning Department AUG 151014 =� 54375 Main Road �---�- -----i southo?t' n Southold, NY 11971 Planning bo:ad Dear Mr, Wilcenski, I am writing in regards to the Showalter Farms application for Site Plan Review, 1000-108.- 4-1.4. 1 sincerely appreciate the opportunity to express my concerns to the Planning Board. In an effort to be brief, I will share my main concerns, which I hope the Planning Board will consider as they make decisions regarding a change in our community. This change has the potential to threaten our safety and quality of life, as well as set a dangerous precedent. Safety: The discussion about the possible opening of Noah's Path /Theresa Drive has many residents concerned. Rather than be assuaged, these concerns have only grown. While the property owner has suggested that they are not interested "right now" to have an entrance to their property from Noah's Path, they will not commit to not opening the road. In fact, the property owner submitted a site plan that does show an entrance from Noah's Path. This site plan is available on the Town website in the planning board folder, so I hope you have seen it as well. It has a date of June 2nd on it, and is located on page 165 of the current 221 page file. When asked about this plan, created by their agent and submitted to the town, the Showalters and their agent stated that that was just an old, preliminary plan that they had to show the town in order to give an overview of what they "might want to do." These statements seem contradictory to their claims that they did not have any plans for this road, for other buildings, etc. I feel no reassurance from any of these statements. In addition, at the meeting at Mattituck Library, the Showalters and their agent stated that the town "might require us" to open that road for safety. To do so, would risk the safety of the many children and residents of Gabriella Court, as well as completely change the character of the neighborhood. This is completely a negative impact on the surrounding neighbors that your Board considers when making these decisions. None of the farms before this have required this road opened because they used the land for farming, not commercial activities. If the Showalter riding academy were permitted to have special events, there is nothing to prevent a tidal wave of cars to invade our peaceful neighborhood. Gabriella Court is a residential, safe street that should not be subjected to dangerous, disruptive conditions in order for someone to profit. Our children's lives are not worth that risk. Quality of Life: At the pubic hearings and the library meeting, the agent for the Showalters has stated that the residents of Gabriella Court "knew they were buying land next to a farm." I could not i agree more. However, a farm is very different than a commercial equine business, and its impact on the community will be very different. In an application to the Zoning Board, the agent for Showalter Farms described their intended site use as "all the services included under a Commercial Horse Boarding Farm Operation, PLUS riding lessons to the general public, public trail rides,and other more public commercial equine related activities." It is these " other more public commercial equine-related activities" that have me concerned more than anything else. As beautiful as horses are and as peaceful as a horse farm can be, "other more public commercial equine-related activities" can be something else entirely. Special events such as horse shows, hunter derbies, fundraisers, etc. are events that have the potential to be incredibly disruptive to our residential area. This is the difference between living next to a horse farm and living next to a Commercial Equine business. While it may not currently be the intention of the property owners to have events like this, I do not feel that we can not be too cautious. After all, we have all seen the morphing of other local businesses into something we never imagined they would be. We cannot afford to let this happen with this farm for the adjacent neighborhoods and the entire North Fork community. Precedent: What message are we sending to local farmers who have sold or are considering selling their development rights if we allow a riding academy to function on land protected by an easement? It is a fact that the monetary value of this land would have been much more higher had the rights not have been sold to the Town. The message we send is to buy protected land less expensive and ask the rules to be bent. In fact, the Showalters stated at the library meeting that their hunter derby ring will be put in their paddock area that they have already constructed. When asked, by me, at the library meeting how they could plan to do that since they are not allowed to have riding lessons on the protected twenty acres, they stated that this was considered "horse training." I reiterated that customers would not be allowed to practice on the twenty acres, and the property owners and their agent reiterated that the customers need to train their horses and could do so on the twenty acres. This alone contradicts what I was told by Ms. Lanza and Ms. Toth about the protected area on the twenty acres, who st that employees could train horses on the protected land, not customers. Clearly the property owner intends to use the twenty acres for commercial activities, despite the easement. In short, I am asking Southold Town to proceed cautiously and not open the door to a slew of construction and activities that are disruptive and not in keeping with the community. We need your help to protect our peaceful neighborhood. Sincerely, Anne Gilvarry 2 ANNETTE COLLINS-FERRARA 665 Gabriella Court O E C E � V E Mattituck, NY 11952 AUG 1 5 2014 Southold Town - Planning Board August 14, 2014 Attn.: Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southold 54095 Main Road Southold, NY 11971-0959 Re: Showalter Farms, LLC Hearing#6778 Dear Madam Chairperson and Zoning Board Of Appeals Members: In an effort to further communicate my objections to the Equestrian Stables and Riding Academy Special Exception Application referenced above, I am writing this letter to supplement my comments made at the Hearing on August 7, 2014, as follows: 1. While the Phase 1 site plan has only 8-10 parking spaces shown,that will not be sufficient off- street parking for the Agri-amusement operation of a Riding Academy. I would venture to guess that the traffic on weekends will be further congested by people parking along Main Street to get out and inquire about lessons,watch the horses with their children as the riders bond after a session in the street viewable paddock or come to one of the horse events described as "etc." The 8-10 parking spaces will already be used by employees(4) and boarders or students. 2. It is clear that thg pending Riding Academy will affect the peace and quiet of the residential neighborhood by the inherent sounds of training commands, barrier logs bouncing, personnel communication and natural horse noises. There must be at least 10 horses for their Agri- Markets designation and up to 30 hours. They are planning 20 as stated by Mr.Showalter last night at the private meeting in the Library. The smell of uncovered horse manure wafting over via a cool breeze will kill the idea of getting fresh air in one's lungs forever. More rodents will be attracted by feed bins and droppings. Horse flies will be sucking blood and preclude the enjoyment of our back yards. Pesticides will be used by the Riding Academy with no warning as it is his usual way to do it and apologize later. One day, we were inundated with a brown cloud of who knows what; and it forced us in the house wondering if we should wear gas masks every time we go outside! 3. The fact that the Showalters will not be living on the property further increases their disregard for the comfort and safety of the neighborhood. They will not be on top of things like manure piling up and spilling out of containers in the rain. With 20 horses, there could be TWO TONS of stinking manure stored 150 from me in a week, and they are sticking to the once a week removal! Why isn't it required that these "farmers" live on this horse farm, if they love horses so much. They would not like to smell horse manure at their home on the shore, where they destroyed the wetlands to get a better view and paid the fine later. Oops! Another apology! Who will police the restrictions placed on them by the ZBA.....the residents? That is only re- active enforcement,your denial of this application will be proactive enforcement of the Building Code. 4. The Riding Academy business in not compatible with pre-existing residential neighborhood that was planned by the Town as affordable housing for families. There are no guarantees that Theresa Lane (Noah's Path) will not be opened up from Gabriella Court. Down the road it could be required by Fire Department or other entities. The safety of children and the increased traffic and pollution by trailers and other vehicles will be jeopardized. This Riding Academy will be equivalent to someone putting up an amusement park in your back yard.... Only the rides are live horses with flys and manure. Would you like that? A horse farm stops being a horse farm when riding lessons and large scale boarding operations and derby trails are planned. 5. The large scale Indoor Training Arena and the new Stables will be equivalent to living behind a strip mall. That was not the intention of the A-C Zoning or the Preservation of Farm Land. My entire back yard will be engulfed by the Indoor Arena and it will block sunlight for my vegetable garden and grass. Not to mention the VIBRO-MAX machinery that will be coming back to pound down the earth for week-long earthquake tremors affecting my home and my nerves. 6. 1 have not heard how the changes in the elevation and topography of the subject property have affected drainage. Without site plan pre-approval these changes were made and Oops! Another apology! The land where the Outdoor Training Ring was installed would need extensive remediation if it could be farmed every again. Are we to take the Showalters' word that everything was done according to code? What if the ZBA wanted more conditions...Oops! Another apology! 7. The DEC should be looking into the affect of these drainage changes on the Recharge Basin, located in front on the Main Street end of the property. Again, no pre-approval just...Oops! Another Apology! 8. There cannot be enough evergreen screening to keep dust, noise and manure and stable smells from wafting over to the adjoining back yards. The pastoral view will be for every gone and the commercial,Agri-amusement enterprise will take over the enjoyment that residents look forward to in the Town of Southold. 9. Last but not least, I am enclosing a copy of a letter,dated July 30, 2014,from my Allergy Specialist, Eugene Gerardi, M.D.,which describes my health issues that would be affected by increased dust, pests, horse dander and odors that are inherent with an Equestrian Boarding Facility and Riding Academy. In closing, I would like to add that moving to Mattituck has been a retirement dream of mine and that dream has become my worst nightmare! Sincerely yours, ANNETTE COLLINS-FERRARA Enc. C: Southold Town Planning Board SCTM#1000-108-4-1.4 MID ISLAND ALLERGY GROUP,P.C. EUGENE GERARDI, r4.D. GREGORY PUGLISI,M.D. MYRON ZITT,M.D. 1171 OLD COUNTRY ROAD,STE.5 500 WEST MAIN STREET,STE.216 PLAINVIEW,NEW YORK 11803 BABYLON,NEW YORK 11702 TEL(516)938-7676 TEL(631)669-6350 FAX(516)938-7718 FAX (631)669-1128 July 30, 2014 Re: Annette Collins Ferrara To Whom It May Concern: My patient,Annette Collins Ferrara,has been in my care since 2002 for Allergic Rhinitis and Asthma. I have prescribed and she is taking Singulair,Allegra and Proventil (bronchodilator) for shortness of breath,wheezing, sneezing, coughing,histamine, and airway inflammation. Allergic Asthma can be triggered by dust, strong smells,horse dander, stress and other irritants. Ms. Ferrara Suffers from extreme wheezing coughing, shortness of breath and tightening in her chest and headaches when exposed to these irritants. She also has Sampter Syndrome, which includes allergic reactions to Aspirin. This Syndrome restricts her to Acetaminophen; and needed constantly; it could cause liver damage or failure. As an Allergist, I am concerned with Ms. Ferrara's exposure to a horse boarding riding academy right in her own backyard. The exposure to dust,paddock manure,horse dander, stress and other irritants could have the potential of requiring urgent hospital care. Sincerely, Eugene Gerardi, MD AUG 15 2014 August 12,2014 To Chairman Donald Wilcenski, Southold Town Planning Board My name is Derek McLean and I reside at 515 Gabriella Court in Mattituck. My property is located directly behind the proposed Showalter Horse Farm on Main Rd. I have many concerns about the horse farm that has been proposed to the board. 1. Riding around the edge of the property-what is meant by riding around the edge of the property? Does this mean horses and vehicles will be able to ride outside of the fence along the back of the property? If this riding along the edge of the property is allowed,there will be more noise and dirt and dust going onto my property. 2. Landscaping-I want it in writing that if a large building is built there will be landscaping around it and maintained. This will ensure my privacy so people in and around that building will not be able to look directly onto my property. 3. Drainage-where is the drainage plan? Where will the runoff go? What are the chances of the runoff coming onto my property? 4. Parking-8 parking spots have been designated for the property. As of now the tenants just part on the front lawn of the house. Are 8 spots enough for what is being proposed? 5. What is the set back of buildings off the property lines for the future? 6. Horse manure-once a week removal cannot be enough for the number of horses that are at the farm. How many horses will be on the farm? Where will all the horses go if there are not enough stalls? 7. Lighting-what kind"of lighting will there be and how tall? Will the lights from the farm shine directly onto my property? 8. PA System-will there be a system installed at the farm? If so, how loud will it be and how late will it be used? 9. Horse shows and events-according to the leasee there will be horse shows and events at the farm. Where will additional parking be for these events? How often will these be and what hours? What about bathroom facilities for these events? What about bathroom facilities for the employees of the farm? Where are the rest of the cars,trucks and horse trailers going to be parked for events and even on a daily basis? Where will the overflow of parking be? 10. Overflow parking-we want a guarantee there will be no overflow of parking on Gabriella Court or Noah's Lane. 11. Owner occupied-the zoning states the farm must be owner occupied. Who is living there now if not owner occupied? Why is that exception being made? 12. Deliveries-where will deliveries and of hay and food be made? The property entrance on main road is quite narrow. Will the farm be able to handle and direct all incoming and outgoing traffic from this narrow entrance/exit? 13. Eugene's road-we want a guarantee in writing that this road will never be opened to be used for an entrance and exit to the farm. Our neighborhood is small and filled with over 50 children. Having that road opened and having the access there will be detrimental to our neighborhood and safety of our children. 14. Quality of life-our quality of life will be impacted in many ways as explained above My final concern about this farm is why is this being fast tracked through? Is it because the owner sat on the town Board of Ethics? Because he sat on the Republican Committee? appreciate you taking the time to read my concerns over this farm. August 9, 2014 Lucille M Sullivan FnDTG-- 1375 Ackerly Pond Lane Southold, New York 11971 � AUG 112014 631-252-3687 L_ 0.•-rot Dressagegirl1@optonline.net Soutthold Town running Board Ms. Leslie Kanes Weisman,Chairperson Town of Southold Zoning Board of Appeals 54375 Main Road PO Box 1179 Southold, New York 11971 Re:Showalter Farms, LLC#6778—Request for special exception under Article III,Section 280-1313(12)for equestrian stables and riding academy Dear Ms.Weisman: I take this opportunity to write this letter as a follow-up to Thursday's public meeting regarding the above referenced property. Upon further investigation of the property and reflection on the responses by the Showalter's representative, Mr. Nemshick, I find it necessary to reiterate and expand on three points and questions. First,the question that I raised to Mr. Nemshick,is it the Showalter's intention to be an owner operator or a landlord,deserves a straightforward answer. Mr. Nemshick stated he did not understand why so much emphasis was being placed on an advertisement and that there is currently no lease on the property. Yet the Showalters have obviously made commitments to Mr.Gondolfo because the farm hands that work for Mr.Gondolfo are currently occupying the residence at the new farm. Mr.Gondolfo is quoted in the August 7,2014, issue of the Suffolk Times as saying: "...We just took the ad out because it was the beginning of the summer and we wanted to let people know what we were doing.....The Showalters happened to be a customer of mine and we agreed that when their place is ready one day, I will move from my place and lease their property." If any or all of this is true,then this advertisement shows intent and you have a very incomplete site plan that this special exception application hinges on. Both Mr.Gondolfo's advertisement and the information submitted to the Land Preservation Committee are more exhaustive than the representations made to the planning board. This supports my conclusion that you are only able to issue this permit at this time, with considerable conditions and that it would be more appropriate to approve the application when you have a complete proposal in front of you to consider. Second, Mr. Showalter's has been quoted as saying that"This is a right-to-farm town."This is entirely true, but the particular piece of property that Mr.Showalter's purchased is governed by a development rights easement that was purchased by the Town of Southold on December 19,2011,for$1,220,000. When those developments rights were purchased the previous owner agreed to relinquish some of the properties farming rights and all subsequent owners are bound by that agreement. If Mr.Showalter had wanted fully in tacked "farming rights" he could have purchased a similar 24 acre parcel in an A-C zone for a sum more likely to be 2.2 million dollars as opposed to the approximately 1 million dollars that he purchased this parcel for. There are a few sections of that easement that I would like to direct the board's attention to. First,Article 3.07 Prohibited Uses states"Except for uses specifically permitted by this Easement,the use of the Property or structures on it for any residential,commercial or industrial uses, permanent or temporary,including but not limited to a riding academy,shall be prohibited."The section further points out that livestock are considered agricultural production by the New York State Agriculture and Markets Law and shall not be considered a commercial use. Article 1.02 Definitions states"'Riding Academy'shall mean a business use of a lot for any of the following purposes:the letting of horses for hire to individuals or groups whether supervised or unsupervised,horseback riding instruction or the holding of horse shows or other equine events." 'The(Land Preservation)Committee passed a motion on January 7,2014,to approve the use of the property for boarding, breeding, raising and training of approximately 30 horses in accordance with the November 21,2013 Horse Farm Grazing and Pasture Management Plan,and the proposed improvements and uses as noted above." The uses stated above include a grass training ring,approximately 156.5' by 70 feet and a dirt farm road approximately 15 feet in width running along each side of the property that is to be used to train horses, among other uses. One of your board members questioned Mr. Nemshick as to whether or not the public would be invited in to"rent" horses and was met with a very vague response. The renting of horses to ride unattended around the perimeter of this 20 acre piece of property,either in conjunction with a riding lesson or apart from a riding lesson would clearly be a commercial use by definition and constitute a clear violation of the agricultural easement on this property. In addition, it would seem that the grass training area would be the intended"hunter derby"that was discussed at the public meeting and would also constitute a clear violation of the riding academy definition if a trainer/riding instructor were involved in its use. Further,the Showalter's are anticipating having 70%ponies on this farm. That would indicate that many of the riders would be young and inexperienced and therefore in need of . instruction to be capable of riding in this field or around the track. When the NYS Agriculture and Markets law defined livestock as agricultural production and included horses in that definition the spirit of the definition indicated that the horses would be raised on that land. If you read the details of the grazing plan developed for the Showalter's farm by the NCRS it takes into account the nutritional needs of horses that are lactating and not lactating and references grazing for periods of time between 9-12 hours,the indication for those of us in the horse industry is that the calculations are for a breeding program. Mrs.Showalter's qualifies the recommendations saying that they will only turn the horses out for 2-3 hours per day,a scenario more consistent for horses being ridden daily and involved in a riding program. Two reasonable questions based on this information are:will there be any instruction of either the horse or the rider by any individual other than the horse's owner in either of these two areas? And,will there we school/hack horses available to be ridden on the dirt track for a fee? An example of a breeding program that would be welcomed on this property is Gina Leslie's Sandpiper Farm in Riverhead, New York. If you look at Gina's Facebook page or website (http://pubi.andyswebtools.com/cgi-bin/p/awtp-home.cgi?d=sandpiper-farm)you will find that she breeds quality Hannoverian's,she has a small riding ring(outdoor)and a small indoor riding arena to begin the training of these quality horses that she is raising. This is exactly the intent of the Development Rights Easement on this property. My third and final point is that your board members were asking about the relationship between the two parcels. The Showalters'representative stated that other than the lot numbers this application only affected the 4 acres in the AC zone. I must disagree with this assumption. When considering the need for an area variance the zoning board takes into consideration that there are two contiguous lots here. If the applicant were trying to run a riding academy,a residence,and board and raise horses entirely on the AC property they would need a total of 14 acres,because they have a total of 24 acres the area variance is not necessary. Likewise, if they intend to have a total of 30 horses because the land preservation committee has deemed that allowable on this property then you must take into consideration the fact that all of these horses will be conducting their riding lessons and that the Showalters' lessee will be training all of these horses on the front four acres. In conclusion, I am asking that the zoning board of appeals take these facts as well as all of the comments from the public meeting into consideration before issuing a determination on the Showalters' application. It is my firm belief that the application should not be considered in phases but should be presented in its entirety. The applicants should not be allowed to operate with impunity. If you allow them to violate the Development Rights Easement then you are decreasing the value of the property for those of us that are operating farms and ridingacademies on properties that are completely in the AC zone. The vision that the Showalters have of operating a family friendly horse farm conjures up thoughts of Harbes family farm,which is not the intent that the members of this community had when they approved the use of tax dollars to preserve farm land. Mr.and Mrs.Showalter should not be granted favor because of past town service, political affiliations or perceived affluence. The application in front of this board should be considered on its merit and its merit only. Sincerely, Lucille M Sullivan Brian S Glenn Cc: Donald Wilcenski,Town of Southold Planning Board Melisa Spiro,Land Preservation Coordinator Cummings, Brian A. From: Lucille Sullivan <dressagegirll@optonline.net> Sent: Tuesday, August 05, 2014 4:21 PM To: Cummings, Brian A. Subject: Showalter Attachments: advertisement - showalter jpg Brian- Attached is the actual advertisement that I read into the file last night. A comment on the Showalter's response that it was in fact their lessee that took out the advertisement without their permission. That may be true, it may not be also, but either way they have not terminated their relationship with Sal. It would appear that at the very least Sal "let the cat out of the bag" prematurely. In addition I have read through the documents that Carol photocopied for Brian this morning and while they seem reasonable for the three barns that they are proposing there is no mention anywhere about the two existing barns that are on the front four acres and are already being renovated in a fashion that would indicate that horses will also be housed in them. A question on #7 of your staff report. Why is there only a 25' side yard setback provided to the west. Mike Verity has made it abundantly clear to me on multiple occasions that any agricultural building that will house livestock must be 40' off any property line. This is the reason both my indoor arena with the attached barn and my small barn are 40' off both my south and north property lines. Finally, Heather indicated to Brian that there have been changes to the SWPPP requirements since our site plan was approved. Would you please forward either and attachment or a link to a website to me so that I may read what the current requirements are. Thank you in advance for your responses- Lucille Sullivan F1171 0 -a. � u� AUG 0 6 2014 i� Cr: ._. ,� 1 Kalin, Carol From: Lucille Sullivan <dressagegirll@optonline.net> Sent: Tuesday, August 05, 2014 4:26 PM To: Kalin, Carol Subject: showalter advertisement Attachments: cover page advertisement - showalter jpg; advertisement - showalter jpg Carol - FE +,1 My first attempt did not work....hope you get this one. ��' r ' AUG 0 62014 Lucille i OW Easa�' Oast Riders and'9 wir ii7 es TODAYtS UESTIU" May, 201.4 9fez— Meet Our Area's Top Trainers'. svy V t R �x v a a a. a r EASTPORT FEEDS, INC:.. 3 140 East Moriches Blvd. r ... -P.O. Bax 127 " Eastport, NY 11941-0197 .,. a. g rte - ee1 'cst ,Rti ,: ltx ► Trainers: Sal Ganrlrrffio Jr. and Danielle Gandolfo A- We are excited to announce our relocation to a new26acre equestrian facility in Mattituekr N.Y. Our new f6cility will Feature two state of the art outdoor p P \ rings, an indoor arena, hunter derby field, bridle path around property, round pen, large grass paddocks, and a "- newly finished stalls. We;would like,to r thank Christopher and Joanne Showalter for making this new venture possible for us and look forward to a successful future at our new facility,;We would also like to thank all of our clients for their continued support. We offer lessons For children and adults from beginner to advanced, including "'AA"show preparation. New boarders and students are now being accepted. We also have quality a horses and ponies for:sale and base and erre now accepting � consignments. �!5 6i p�t Danielle: 631=875--2420 Sal,Tr: 63t-702-5001 R Em ail:Huntersereekeastf'inti=ahoo:coin Visit us on Facebook: Hunters Creek az Today',;Equestrian May 2014 • • MAILING ADDRESS: PLANNING ALD BOARD J.VVI M CENEMBERS O� OF SU!/Tol P.O.Box 1179 y Southold,NY 11971 Chair � � OFFICE LOCATION: WILLIAM J.CREMERS CP Town Hall Annex PIERCE RAFFERTY • Q 54375 State Route 25 JAMES H.RICH III rh � (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Iy100 Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 5, 2014 Ray Nemschick, R.A. 33105 Main Road Cutchogue, NY 11935 Re: Close Hearing - Proposed Site Plan for Showalter Farms, LLC Located at 18625 NYS Rt. 25, ±1,190' w/o Elijah's La. & NYS Rt. 25, Mattituck SCTM#1000-108-4-1.4 Zoning District: A-C/R-40 Dear Mr. Nemschick: A public hearing was held by the Southold Town Planning Board on Monday, August 4, 2014 regarding the above-referenced Site Plan. The public hearing was closed with written comments being accepted for two weeks from the date of this letter. If you have any questions regarding the above, please contact this office. Very truly yours, t�- 601a Donald J. Wilcenski Chairman WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, August 4, 2014 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Applications 5:45 p.m. Review Public Meeting Agenda ............................................_................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Project ect Name: Showalter Farms, LLC SCTM#: 1000-108-4-1.4 Location: 18625 Main Road, Mattituck :.................................................................................. ..................................._............................_.._..................................__.................................................................................................._._.................................................................................................................... Description: This proposed site plan is to construct phase one of a riding academy, and includes one 24' x 30' (720 sq. ft.) 3-stall barn, two 24' x 10' (240 sq. ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270': and eight 8 parking stalls on 24.2 acres in the A-C Zoning District ....................................... .............._(........_..._._.P................_..._......9........................................_.....................................................................................................................................................................9........................................... .............................. ........ New Applicationatus: ................. ..........................................................................._........................._..._.._ . . ............................................. ...................... _....._....................._............................................................................................................... ................................................................................................... Action: Review referrals. ...................................................................................................................._.........................................................._........................__..............................................................................................._..................................................................................................................... Attachments: Staff Report ..................................................... ............................:..............................._..................._. . ...._......................_...................................................................................................................................... ................................................................................................................................................................` ....................................................................................................................................................__..__.......................__..........................._....._................................................_......................................................_........................................................................................................................................................................................ Project Name Crescent Beach Condominiums SCTM#: 1000-35-8-3.2 .............................................................................. ........_............................................__._._.................._..............................................__...................................................._.............. ........................................................................._......_....._......................................_...._...................... Location: 1985 Maple_Lane, ±2,000' s/e/o NYS Rt. 25 & Maple Lane, Greenport . . . ............................................................................................... ................................._............... .................................._............................................_.._.__...._........................................................_.........................................................__..............._....................P.................................._ Description: This site plan is for the demolition of an existing barn and the proposed construction a 2,797 sq. ft. one-story storage facility on 0.41 acres in the RR Zonin 9. District. .................._.................................. ....................._.__......................................................................................._......................................................................................................................... Status: Pendin .... .... ............................................................................................:......................................._.._9.................................................... ................................................................................................................................................................................................................................................................................................_........_ Action: Review revised Site Plan. _..................................................................................................................................................................................................................................................................................................................................... .............. Attachments: Staff ......................._ ...................................................................:. ......................................................................................._._................................................................................................................................................................................................................_........: ...... .. ........ ............................................................................................................................................................................................... ....................................._............................................. . ................................................................................................................ ............................................................................Po.ect Name: Rising Sun Woodworking SCTM#: 1000-96-5-8 ........ ................. ..... ...._ ...................... .... .................... :....... Location: 4460 Depot Lane ±1 075' s/e/o Depot La. & CR 48, Cutcho ue P . ............................................... .... p ...........9..............................._...................................... Description: This proposed amended Site Plan is to convert a wholesale book seller warehouse to a custom woodworking shop and construct a ±500 sq. ft. addition to connect two existing buildings totaling 13,064 sq. ft. for office, cabinet shop and custom woodworking on 2.1 acres in the LB Zoning ........................ .................._............................ . ........;. District ..........._tatus: New._A.pplication....................... ........................................ ................ ...................................... _ .................................._.............._........__._ Action: Review for completeness. ....Attach............... ..... ........... . ............. ............. ...... ........... .... ....._...............................................__................_ .............................._. AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as r L.L by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s)where it can be easily seen, and that I have checked to be sure the poster has emained ip place dor seven days prior to the date of the public hearing on % X1-1 I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of re ord of ever propert w ich abuts and every pr which is across on p7. '?oumond NeMc.Phjo,)C Your (print) I 1- Aq zignature Qin %ee-4 �e o� V (7 Address OW 0 Date Notar ublic LAWRENCE E.SILVERMAN NOW Public,State of New York N.No.01514977025 y qualified in Suffolk�Cuou Co22.20j,-> 2 ° �`°' Commission Expires Zit, ��L iJ AUG 0 12014 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 8/1/14 Re: Proposed Site Plan for Showalter Farms, LLC SCTM#s: 1000-108-4-1.4 Date of Hearing: Monday, August 4, 2014, 6:03 p.m. 108-4-2.3 (Returned not Deliverable) NY State Albany, NY 12200 108-4-7.33 (Delivered) Mark& Patricia Zlatniski 1715 Gabriella Court Mattituck NY 11952 108-4-7.34 (Delivered) Barbara A Qualls 1575 Gabriella Court Mattituck NY 11952 108-4-7.35 (No Return Receipt Received) Brian&Dorothy Williams 1425 Gabriella Court Mattituck NY 11952 108-4-7.36 (Delivered) Alfred& Lisa Testiny 1275 Gabriella Court Mattituck NY 11952 108-4-7.37 (Delivered) Brian& Jennifer Mcnamara 1095 Gabriella Court Mattituck NY 11952 - 108-4-7.38 (Delivered) James J Gilvarry/Anne Motto PO Box 660 Mattituck NY 11952 108-4-7.39 (Delivered) Christina True 815 Gabriella Court Mattituck NY 11952 108-4-7.40 (Delivered) Annette Collins-Ferrara 40 Charles Street Hicksville NY 11801 - 108-4-7.41 (Delivered) Derek McLean PO Box 500 Mattituck NY 11952 108-4-7.50 (Delivered) Maria T Mineo 2465 Gabriella Court Mattituck NY 11952 108-4-7.51 (No Return Receipt Received) Dale &Paula Stonemetz 2315 Gabriella Court Mattituck NY 11952 108-4-7.52(Returned Not Deliverable) Dennis&Maryann Schlessinger 2 Brundale Court Wheatley Heights NY 11798 108-4-7.53 (No Return Receipt Received) Gerard& Theresa DeMarco 2015 Gabriella Court Mattituck NY 11952 108-4-7.54 (No Return Receipt Received) Stephen&Deobrah Stapon 1865 Gabriella Court Mattituck NY 11952 115-2-10.2 (Delivered) Henry &Helen Rutkoski 18275 Route 25 Mattituck NY 11952 - 115-2-13 (Delivered) William L Barker PO Box 728 Mattituck NY 11952 115-2-6-5 Paul &Beth Borowy 18800 Route 25 Mattituck NY 11952 115-6-6 (No Return Receipt Received) Anthony &Jessica Pasca 18900 Route 25 Mattituck NY 11952 108-2-3 (Delivered) Henry& Helen Rutkoski 18275 Route 25 Mattituck NY 11952 - 108-2-5.1 (Delivered) Casmo Carucci 11780 CR 48 Mattituck NY 11952 115-2-9.3 (Delivered) Cheryl Forman 36020 Main Road Cutchogue NY 11935 115-2-9.2 (Delivered) Cheryl &Virginia Viviano 36020 Main Road Cutchogue NY 11935 115-2-11 (Delivered) Henry&Helen Rutkoski 18275 Route 25 Mattituck NY 11952 115-2-10.1 (Delivered) Henry &Helen Rutkoski 18275 Route 25 Mattituck NY 11952 108-2-9.1 LIRR c/o North Ferry Company, Inc PO Box 589 Shelter Island Heights NY 11965 U.& Pos'^1 Service r, U.S. Postal Servicer,, CERTI, _D MAIL ,,, RECEIPT CERTIFIED MAIL, RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) ■ (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms For delivery information visit our website at www.usps.com,, t 1 t r 1 PS Form 3800.June 2002 See Reverse tot Instructions F ann 3800 June 2002 See Reverse for Instructions PS Form 3800.August 2006 Snc Rr.v„t,r lot Irish...t:," Saurt At,yu,t;'flt,, See Hever”,for Instruetlo;'s r PS Form 3800 August 2006 Sem Fitvr.r,o tt,r Instnu o-,.. 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J ^� 56 Z ■ ■ ■ m r� i11 7 A 3.t oo I r V I �-� a y -� m c OD . a �N L O N N O n 1. y 3 o mi?r° CD � r N n O.DIV W O N QC. `. .�wS�- w � m w o arn � a COMPLETE 7� O CD ` Q ■ Complete items 1,2,and 3.Also complete A. i n ure 1 w,c m o item 4 if Restricted Delivery is desired. ❑Agent R. C w ■ Print your name and address on the reverse ❑Addressee _ m (D so that we can return the card to you. R i ri d N e) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address differe ml? 13 Yes r,, v w K P ^ If YES,enter delive r fes tijo 13 No h - f �11 -- `' 3. Service Type CL 0 n �C -�ITUCY- n 'F �� o call MeO C prw*- TM 0 O w z C3 Rpij 1 13 Rslum for Merchuxles a 0 — insured Mail E3 Conedon 3 1 F 3 n s ■ Complete items 1,2,and 3.Also complete A. Signature Z ■ ■ ■ item 4 if Restricted Delivery is desired. X ❑Agent o 4 o ■ Print your name and address on the reverse 13 Addressee n o w 0 � � so that we can return the card to you. B. Recei d b (Printed Name) C. I to of livery Y- J o 0 rt ■ Attach this card to the back of the mailpiece, IA`M,- _ w a or on the front if space permits. �� �' l`���' j q -{� I a y 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes c 1 3 00 w y r r C/ To c i nIf YES,enter delivery address below: ❑No N � ' C_w Op N i a�S Cabr I� I I C( ccs`,, � Cr(D �_� �Q w `Yl�i -i�ucK- G �, w 11 1 l 3. Serve T �--- Ype °.*3 a r"1 r�rtrr -r usu® n ..,usu a------- v + t-- mom. . 7-- 3 ,0 (� C3 w m a m A SENDER: OfWL E TF THIS SE C I iON CDm ■ Complete items 1,2,and 3.Also complete - item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. g, a rued by w(Printed Name) C. Date of Delivery v W X T ■ Attach this card to the back of the mailpiece, y or on the front if space permits. mCL Is delivery address different from item 1? ❑Yes 0) _. �. 1. Article Addressed to: , ,enter delivery address below: 0 No i m �r►a� Jma/ r /IAC ncr� r �' a m � /O,r'e-a 6r,e ��i/c� 1., o a a E a z CL a V33. rv` Type a 0 a Mail® 13Pdority Mail Express'" Q 3 Registered O Return Receipt for Merchwase f 3 13 Insured Mail E3 Collect on Delivery y NJ o 4. Restricted Delivery?(Extra Fee) ❑Yes ❑ ❑ ❑ 2. Article Number 7005 3110 0000 7 316 3979 ' (rn�nsfbr from servkl label) Ps Form 3811,July 2013 Domestic Return Receipt r � r 0) N T J f ■ ■ ■ t W Z f`'J� S,,9 -0-0t � — D 5��, rt � � 00 a --1- n m L �* � � C� _ .., ym � 7pm c m y < T o 4r p w ~' S ws3a ry wm co00a< . }� 3 NCL 0 co 0 OL =r QJ M. m m n N mCD ■ Complete items 1,2,and 3.Also complete A. Sig re item 4 if Restricted Delivery is desired. X 13 Agent ■ Print your name and address on the reverse so that we can return the card to you. Addressee f^' o m X D ■ Attach this card to the back of the mail iece, B. eiv by(Pri d Na e) C. D e of livery ❑ _ y w • or on the front if space permits. p ` R5 o 9 $ 1. Article Addressed to: D. Is delivery address different from item 1 ❑Yes E 3 If YES,enter delivery address below: `?No Q m K CL CL SSS L�6rielle '° a M 3. Service Type p � )/9�� C3ress'"CertNbd MOO 0 Pea*MA Exp � o s r1 CR•,a.*e-4 r'rI-,ENDER: COMPLL IL 11416 SEC[/ON A �ahun.Ganaret�Ae•.»hor,dtm ❑ io ❑❑ ■ Complete items 1,2,and 3.Also complete A. Signature o-— item 4 if Restricted Delivery is desired. ❑A nt ■ ■ ■ ■ Print your name and address on the reverse X EJ Addressee Q ° 4'- T m o so that we can return the card to you. o w rt 3 3 B. Received by Printed Name) C. Date of Deli , n ■ Attach this card to the back of the mailpiece, �r Delivery i� .-, D rt=?:� ° (r �rt CO –• or on the front if space permits. Y12 J0.tf /(� a m CD M I V `moi (A CD O m",,,�• 1. Article Addressed to: 7D. ress d�a nt from item 1? ❑Yes ` w y y ver address below: ❑NoLL m yJames CkWQ(r�f , w °I � �sao X14 SCS I m °i ° m l � xy N� w M4 � C� R`/ t 19 Sa p 4 rt Er M S e C� y saw as CD Ln. i L SENDER: COMPLt If III/,, ',F('T/()N 1 -11 !H/' ';t ION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signat m item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. ived by(erinted Name) C. Da a of D liveryw v ��o t ■ Attach this card to the back of the mailpiece, (A Go L )4 3❑ M y - or on the front if space permits. D. Is delivery address different from item 1? ❑Yes A. 1. Article Addressed to: 11P � If YES,enter delivery address below: ❑No 3 ,� '�'`�• (nto U Cx v Cos C-'ab��el l a 3. Service Type ►(�r/►,�, ►-{-� n y I �G ❑Certified Mails C]Prio*Mall Express'" v ❑Registered ❑Retum Receipt for Merchandise F 3 0 Insured Mail 13 Collect on Delivery n 4. Restricted Delivery?(Extra Fee) ❑Yes f o 13 13 ❑❑ 2' �feufnmrservke1116 7011 0470 DODO 9205 9474 SL Ps Form 3811,July 2013 Domutic Retum Neaipt • „T N W ■ ■ ■ ...W oD -U W 6? z � 3 A =a c '1 m�� o s j a to N - m ..L 3 V S N C 0 :+w _+ S CL N W 1 N .* Is p. J , fi 3 � 1 Q Som —� n vcCD ■ lleatptete ltetns 1,2,and 3.Afrocomplete Abinatu- ��1 m j item 4 If Restricted Delivery is desired. 13Agent �`� INPrMrt your name and address on the reverse X Addressee so#*we can return the card to you. byrinted Name) C. Ue ofrlivT 1 ■ Attach this card to the back of the mailpiece, 1 l �/ or on the front if space permits. V l O 0 delivery address different from item 1? ❑Ye 1. Article Addressed to: If YES,enter delivery address below: ❑No ami = �h� U� 31n�a V�v►an� � � Cr f. , �� m a a a oo2b 3. Service Type ❑❑ a Z "v- ❑Certified Made Cl Priority Mail Express'" O Registered C3 Return Receipt for Merchansiiw C a d p O insured Mail O Collect on Delivery o io A DELIVERY ❑ ❑❑ ■ Complete Items 1,2,and 3.Also complete A. Signature ■ ■ ■ item 4 if Restricted Delivery is desired. X 13 Agent Q $ > ■ Print your name and address on the reverse 13 Addressee 3 so that we can return the card to you. B. Received by(Printed Name) +C. D to of livery Q 9 D `� ■ Attach this cans to the back of the m mail iece, �� ' a Er f c ' or on the front if space permits. p • �K�3 Pf/ 2 m 3 0 C y 13C w In D. Is delivery address different from item 1? es 1. Article Addressed to: If YES,enter delivery address below: ❑No E; y r°m (-{cnr I�e�er1 �I v�K as � � �G w53CL N )W54-p a5 1 vwwow ww Z o y W 3. Service Type f7i('AwNemt runt® 171 ph..•,,,RA,H 9—mi- --� (D o w � I v � s ON ON DELIVERY D m ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 M Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse � C t/ ❑Addressee so that we can return the card to you. B. Received Rb (Printed Name) C. to of Wivery 41 o W ■ Attach this card to the back of the mailpiece, ` -7 Z l� )lf a ro or on the front if space permits. dS 1'r m D. Is delivery address different from item 1? ❑Yes �N.. 1. Article Addressed to: ; N R If YES,enter delivery address below: ❑No '� a. IR IZv�- KosK � N .V U% °° m a oa �� z 3. Service Type Ct' 3 YI� C� ❑Certified Mail® b Priority Mail Express rr m B O Registered 0 Return Receipt for Merchandise , C C3Insured Mail E3Collect on Delivery n 4. Restricted Delivery?(Extra Fee) ❑Yes N o 2' Article � 7011 0470 DODO 9205 9740MW%AW PS Form 3811,July 2013 Domestic Return Receipt ■ Complete Items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received y n d erne) C. a of D iv ■ Attach this card to the back of the mailpiece, N' or on the front if space permits. D. Is delivery address different from item 1? ❑Y 1. Article Addressed to: If YES,enter delivery address below: ❑No /77cu-K F /;r/ la Zla;i71s�Ci 1-215 ,0 (lc<)r;4 . Service Type J ci 4l vex- � Y 3C3 COVIed MsP O Rio*IWIPA BposC '�MnER: COMPLETE THIS SECTION r Complete items 1,2,and 3.Also complete A. Sign Ve item 4 if Restricted Delivery is desired. X TAnt ■ Prk t your name and address on the reverse s0 that we can return the card to you. Received by(Pri Name) C. of ery ■ Attach this card to the back of the mailpiece, �1 s rn t� u�G or on the front if space permits. "l D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No COSH-© C'c.r VCC'i tn co-fc) CK 4, 3. Service Type ❑Certlfled Mail® ❑Priority Mail Express'" E3 Registered 0 Return Receipt for Merat xIlles ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 011 0470 0000 9205 9696 (fra xfer from service label) PS Form 3811,July 2013 Domestic Return Receipt CERTIFIED MAIL CT 1 11 {� �1 SAYyPATn NYGE 11782 7005 3110 0000 7316 3887 vnl-, �xav s I JUL 22, I4 1000 i I' I�I 10 IQ 11952 401 •1J 00081250-12 s _ 1 1S1 ;�011C� —,-/23 . 2ND NOPCI ' RETURN x NEMSCHICK SILVERMAN ARCHITECTS P.C. 160 Main Street, Suite 200 Sayville, New York 11782 ❑ UNDELIVERABLE AS ADDRESSED ANDATTEMPTED NOT KNOWN MAIL RECEPTACLE S TEMPORARILY AWAY RETURIEFUSED TO S DERAO SUCH STREET N 0 SUCH R ❑RVACANT • v ❑ IN DISPUTE Ll ILLEGIBLE ❑ BOX CLOSED o UNCLAIMED 07/26/14 ❑ NIXIE 000007245-3-N RETVTt191 TO SEN- DER TO FORWW�tD UNABLE TUB',,� O *SZNDZR 4"Jii"{il .06Gi11�i�{{ II hII,Y,111111,1111111111111 if I h'III!III-III iIII11II SENDER: COMPLETE THIS SECTION • ON ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. X 13 Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Item 1? O Yes 1. Article Addressed to: ` , // If YES,enter delivery address below: E3 No 1 G&I `IIa--k�k' els /kS 75 �r��e �ZS lye {vc,C y 1196- 3. Service Type O Certified Mail" D Priority Mao Express 0 Paodwvd O Rehm1 Receipt for Merchandise O Insured Mail O Collect on Delivery . 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7005 3110 0000 7 316 3887 (Transfer from service laben I i PS Form 3811,July 2013 Domestic Return Receipt y� � rte"� OFFICE LOCATION: O���F S�U�yOI MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) N Southold, NY 11971 � Q Telephone: 631 765-1938 �� Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Donald Wilcenski, Chair — u Town of Southold Planning Board a ' JUL 2 9 2014 From: Mark Terry, Principal Planner -- LWRP Coordinator Piannir, Date: July 29, 2014 Re: LWRP Coastal Consistency Review for the Site Plan for Showalter Farms, LLC SCTM# 1000-108-4-1.4 This proposed Site Plan is to construct Phase One of a riding academy, and includes one 24' x 30' (720 sq. ft.) 3-stall barn, two 24' x 10' (240 sq. ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and eight (8) parking stalls on 24.2 acres in the A-C Zoning District. 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 and the records available to me, the proposed action is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Brian Cummings, Planner SCOTT A. RUSSELL _ s JAMES A. RICHTER, R.A. SUPERVISOR MICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROAD A TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765-1560 e Fax. (631)-765-9015 MICHAEL.COLLINS(c�TOWN.SOUTHOLD.NY.US �' ��� �s JAMIE.RICHTERnTOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Donald J. Wilcenski July 29, 2014 Chairman- Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: SHOWALTER FARM Site Plan I 18625 Main Road, Mattituck, NY 11952 SCTM #: 1000— 108—04— 1.4 JUL 2 9 2014 Dear Mr. Wilcenski: 4souEnaw4tl n Plannina 8„-Its As per a request from your office, I have reviewed the Site Plan for the construction of three barns, parking areas and outside training area as phase one of a riding academy. The plans were prepared by the office of Nemschick Silverman Architects P.C. and were dated 6/20/14. Please consider the following: 1. Existing site conditions indicate an existing dirt driveway that is considered too narrow for two-way traffic. The site plan has indicated new parking and two-way traffic at the entrance from State Route 25. A State DOT Curb Cut Permit should be required. 2. Stormwater calculations have been provided for the proposed barn roof surfaces and the drainage design for these buildings meet the minimum requirements of Chapter 236 for stormwater management. 3. Additional drainage calculations will be required for the new driveway/road access and parking area. There is approximately six (6') feet of pitch from the existing barn down to State Route 25. All stormwater generated by the access driveway and parking area must be contained on site. 4. The driveway running along the proposed outdoor training area has been indicated as a fifteen (15')foot wide, "permeable dustless paving." How will this driveway be constructed? Construction details and drawing sections will be required to show how this pavement will meet the minimum requirements forPermeable Pavement. 5. Erosion & Sediment controls will be required throughout the duration of this Construction Project. This item should be shown & noted on the siteplan. If you have any questions regarding this review, please contact my office. Inc rely, aes A.4Richer. R.A. 9 . MAILING ADDRESS: PLANNING BOARD MEMBERS F SP.O. Box 1179 DONALD J.WILCENSKI O�P �Ql Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ��'��'OI/NTY,�c� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael J. Verity, Chief Building Inspector From: Brian Cummings, Planner Date: July 25, 2014 Re: Proposed Site Plan for Showalter Farms, LLC 18625 NYS Rt. 25, ±1,190'w/o Elijah's Lane, Mattituck SCTM#1000-108-4-1.4 The Planning Board has found this Site Plan Application suitable for determination pursuant to §280-131 F (1) and refers the application to you for final review and certification. This proposed Site Plan is to construct Phase One of a riding academy and includes one 24' x 30' (720 sq. ft.) 3-stall barn, two 24' x 10' (240 sq. ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and eight (8) parking stalls on 24.2 acres in the A-C Zoning District. Thank you for your cooperation. Encls: Site Plan Application Site Plan r • Elizabeth Thompson, Chairperson Town Hall Annex Reynolds duPont,Jr. gg>�}FFtI[/( 54375 Route 25 Joseph Lee PO Box 1179 Ronald McGreevy G�� Southold,NY 11971 Howard Meinke o y Nicholas Planamento d Fax(631)765-6641 Mark Schwartz y �� Telephone: (631)765 - 1892 Stephen Geraci �'�1 ��� south oldtown.northfork.net James Grathwohl Patricia Butler Town of Southold 0---.Architectural Review Committee Minutes 4:00p.m.,July 24,2014 Town Hall Annex Executive Board Room Members Present: Elizabeth Thompson, Chairperson; Ron McGreevy; Howard Meinke;Joseph Lee; Stephen Geraci; Patricia Butler; Elizabeth Cantrell, Secretary The minutes for the May 22, 2014 meeting were approved. Introduction• All applicants will give a presentation consisting of drawings, exterior materials samples and other information required by the Planning Department to the Committee. The Committee will ask questions and make suggestions as part of a general discussion with each applicant. Final recommendations from the ARC will be presented to the Planning Board in the ARC Meeting Minutes, and be made part of the Planning file for that application. The Planning Board will consider these recommendations, together with all comments from other agencies, and provide the applicant with a comprehensive written list of its requested revisions. New Applications: • SHOWALTER FARMS,LLC S CTM#: 1000-108-4-1.4 Christopher Showalter, owner presented the proposed site plan to construct phase one of a riding academy, which includes one 24'x30' (720 sq.ft.) 4-stall barn, two 24'x10' (240 sq.ft.) 2-stall barns, an outdoor riding/training area approximately 140'x270' and eight (8) parking stalls on 24.2 acres in the A-C Zoning District. The Committee reviewed the proposed project and approves the application as submitted today. Motion made and seconded. All in favor. E ' abeth Cantrell, A.R.C. Secretary \ OFFICE LOCATION. MELISSA A.SPIRO ��OF S�VryO Town Hall Annex LAND PRESERVATION COORDINATOR �� l0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue) Southold,New York Telephone(631)765-5711 Facsimile(631)765-6640 '��l iQ MAILING ADDRESS: P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD t I/J, RECEIVED TO: Leslie K. Weisman, ZBA Chairperson JUL 2 4 2014 Zoning Board of Appeals BOARD DFAPAEAIS FROM: Land Preservation Committee DATE: July 24, 2014 RE: SHOWALTER FARMS LLC ZBA #6778 The Land Preservation Committee, at its regular meeting held on July 22, 2014, reviewed the ZBA application submitted on behalf of Showalter Farms LLC as requested by the ZBA. The Committee noted that the application materials show the property as 24.18 acres and as tax map #1000-108.4-1.4. In actuality, the entire property is 24.18 acres and includes two tax map parcels: • SCTM #1000-108.-4-1.4 is 20 acres and is subject to a Town Development Rights Easement. • SCTM #1000-108.4-1.3 is 4.18 acres and is not subject to a Town Development Rights Easement. The letter dated July 10, 2014 and addressed to the ZBA from Ray Nemschick as the agent for Showalter Farms, LLC describes the site use type as: "Developing the property for the purpose of using it as a Commercial Horse Boarding Farm Operation providing the following services: "Riding Academy" and "Stables" & "The keeping, breeding, raising and training of horses," and will include the care, custody and control of the horses, as well as paid equestrian training sessions, training both the horse and the rider individually, as well as simultaneously. The operation will also include the production of field, garden and/or livestock crops (e.g. hay, grain, oats, etc.). This definition is in line with the NYS AML301(13), as we intend to board at least 10 horses (regardless of ownership) by the end of our first year of operation. Please note: According to NYS Department of Agricultural AML305-a, a "riding academy" includes all the services included under a Commercial Horse Boarding Farm Operation, PLUS riding lessons to the general public, public trail rides, and other more public commercial equine related activities." The recorded development rights easement for the property dated December 19, 2011 (rec 1/25/2012, L D00012683, P 180) includes a definition of"Riding Academy" in Section 1.02 (Definitions) as follows: "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. Section 3.07 of the recorded Easement describes prohibited uses and lists Riding Academy as a prohibited use; therefore, "Riding Academy" as defined within the Easement is a prohibited use. The applicable part of Section 3.07 is shown below: Section 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Code, now, or as said Chapter 70 may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercial use. As noted above, the Easement does not allow a Riding Academy, as per the definition within the Easement, within the 20 acre area identified as SCTM #1000- 108.4-1.4 that is subject to the recorded Grant of Development Rights Easement Please be advised that in an action dated January 8, 2014, resulting from a Motion passed on 1/7/2014 by a majority vote of its committee members, the Land Preservation Committee gave Chris and Joanne Showalter approval for the area that is subject to the development rights easement (SCTM #1000-108.-4-1.4) to be used for boarding, breeding, raising and training of approximately 30 horses in accordance with the November 21, 2013 Horse Farm Grazing and Pasture Management Plan and for the proposed improvements noted hereafter: 1. Four (4) separate Stall Stables; a. Two with 2 stalls each, each 10' by 24' in area. b. Two with 4 stalls each, one 15' x 48' and another 24' x 30'. The 4 stall barns are located on the southwest corner of the Easement Area as shown on the survey dated 11/20/2013. 2. A courtyard as shown (handwritten) on the survey which will include cement walkways between the buildings. 3. An area for sacrifice paddocks, as shown (handwritten) on the survey, to the east of the proposed barn stalls. 4. A grass training area of approximately 156.5' by 70 feet, as shown in the southeast section of the property. 5. Thirteen (13) paddock areas, some with run-in sheds. It is understood that this is an estimated number and more may be installed in the future. 6. Electric and water trenching to improvements and to paddock areas. These improvements are not shown on the survey, but are proposed. 7. A manure dump trailer, shown (handwritten) west of the northern most stall. 8. The proposal includes a Horse Farm Grazing and Pasture Management Plan and a NRCS Prescribed Grazing Plan. In a NRCS letter dated December 27, 2013 it is noted that the Prescribed Grazing Plan indicates that there is sufficient land to handle the stocking rate of 30 horses. The Committee's approval allowed Chris and Joanne Showalter to proceed with pursuing any applicable approvals that are required by Town Code but did not mean that the above mentioned uses/improvements within the easement area would be approved or permitted by other Town departments or agencies. The Land Preservation Committee thanks the members of the Zoning Board of Appeals for this opportunity to comment on the Showalter Farm LLC application ZBA#6778. 1111111 IIII IIIII IIIII Illll IIIII IIIA VIII VIII IIII IIII 111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 01/25/2012 Number of Pages: 7 At: 03:45:29 PM Receipt Number : 12-0009057 LIBER: D00012683 PAGE: 181 District: Section: Block: Lot: 1000 108.00 04.00 001.003 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $50.00 NO Fees Paid $125.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages F:ECOFDED 2012 Tan :5 0::45:29 1:M JUDITH A. PASCALS This document will be public CLERI. OF C:iU1iTv record. Please remove all SUFFOLK L Do1701268' Social Security Numbers F 1;;I prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax _ Handling 20. 00 2. Additional Tax _ TP-584 Sub Total _ Notation SpecJAssit. or EA-52 17(County) Sub Total Spec./Add. _ EA-5217(State) TOT.MTG.TAX _ Dual Town Dual County— Held A. Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit �` Mansion Tax Certified Copy _ The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 l1 family dwelling only. Sub Total YES or NO Other � ' Grand Total— ,� If NO,see appropriate tax clause on F` page# of this instrument. 4 Dista 1000 10800 0400 001003 - 1000 10800 0400 001004 ) 5 Community Preservation Fund Real Property l/R C A l Consideration Amount$ Tax Service ,,z�AN-11�/ Agency ��� Verification ( C CPF Tax Due $ 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO: Vacant Land Tcuca�.�ou�«e �.vo P.e��vanoN TD 0, Bdk /i 77 TD S,,Lprw op A(-V /197/ TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Comyany Information 310 Center Drive, Riverhead, NY 11901 5�,A,cr Ti rzr. ame www.suffolkcountyny.gov/clerk Title# 8 Suffolk CounLy Recording & Endorsement Page This page forms part of the attached —'-"AR"9'n0AJ nF 67B✓6--vy1vrs IWO F�r-I avers made by: nn 1` (SPECIFY TYPE OF INSTRUMENT) �iNGf},P YJ n/E�q ( The premises herein is situated in SUFFOLK COUNTY,cNEW YORK. TO In the TOWN of J?Our7�'O'b TDCunI �F �Ounrbe4 _ In the VILLAGE or HAMLET of /rIAM IUCK BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12 0104..10/08 (over) IMARTANT NOTICE • If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, •you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10"and on or before May 31". Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631)957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 (631)451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, ' Judith A. Pascale Suffolk County Clerk -U,04..06i06kd DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this /luday of December, 2011, by PINDAR VINEYARDS LLC, Herodotus Damianos, Managing Member, 591A Bicycle Path, Port Jefferson Station, New York 11776 hereinafter referred to as the "DECLARANT"; as owner of the premises designated as SCTM #1000-108-4-1.1 and shown on a survey prepared by John C. Ehlers Land Surveyor dated November 1, 2011 and last revised November 211 2011, described in the metes and bounds description attached as Schedule"A", and portions of which are separately described as the "Reserve Parcel" in the metes and bounds description attached as Schedule "B"and the"Development Rights Easement Area" described in the metes and bounds descriptions attached as Schedule"C", all of which are made a part hereof. WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 18625 (Route 25), Mattituck, New York, in the Town of Southold, County of Suffolk and State of New York, (the"Property"); and WHEREAS, the DECLARANT has granted to Town of Southold (the "Town") a Grant of Development Rights Easement dated December 19, 2011 over a part of SCTM #1000-108-4-1.1, designated as the"Development Rights Easement Area"; and WHEREAS, another portion of SCTM #1000-108-4-1.1 has been designated by the DECLARANT and the Town Board of the Town of Southold (the "Town Board') and the Town Land Preservation Committee {"LPC") as a "Reserve Parcel" for possible future development, in accordance with applicable zoning regulations; and WHEREAS, the DECLARANT and the Town Board recognize the necessity of insuring access to and from the Development Rights Easement Area to and from the Main Road; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board has deemed it in the best interests of the Town of Southold (the "Town's and the owner and prospective owners of the Property that the within covenants and restrictions be imposed on the Property, and as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that this declaration of covenants and restrictions will be in the interests of the DECLARANT and subsequent owners of the Property, NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Property shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: DECLARANT shall provide a 25'wide right of way for access to and from the Development Rights Easement Area over the Reserve Parcel, to and from Main Road (S.R. 25). Said access shall exist in perpetuity, regardless of whether the Reserve Area is ever subdivided from the remainder of the property. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by DECLARANT or any subsequent owners of the premises unless and until approved by the LPC, and by a majority plus one vote of the Town Board and the Planning Board, or their legal successors, following a public hearing. Notwithstanding the above, no amendment, modification or other change shall be granted to permit the construction or creation of more than one single-family dwelling on the Reserve Area. 2 IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. DECLARANT: PINDAR VINEYARDS C By: Herodotus Damianos, Managing Member STATE OF NEW YORK) SS.. COUNTY OF SUFFOLK) On the /�_ day of December in the year 2011 before me, the undersigned, personally appeared Herodotus Damianos, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. Sworn to before me this day of December, 2011 Notary Public PATRICIA L. FALLON Notary Public, state Of Newyork No. G?FA4950146 n„-!N`:od In Sj':folk County Commission Expires April 24, ofd/s 3 ' SCHEDULE A COMPOSITE DESCRIPTION ALL that certain plot,piece or parcel of land,situate,lying and being at Mattituck,in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows; BEGINNING at a point on the northerly side of Main Road(State Route 25)where the same is intersected by the southwest corner of land of New York State(Recharge Area)and the southeast corner of the premises about to be described herein;said point being also distant 1,190±feet westerly as measured along the northerly side of Main Road from the corner formed by the intersection of the westerly side of Elijah's Lane with the northerly side of Main Road(State Route 25), RUNNING THENCE from said point or place of beginning along the northerly side of Main Road (State Route 25)South 76 degrees 45 minutes 37 seconds West,244.00 feet to land now or formerly of Edward F.Rutkoski; THENCE along said land and along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two(2)courses and distances: I.North 34 degrees 24 minutes 53 seconds West,325.00 feet; 2.North 36 degrees 09 minutes 45 seconds West,2,672.93 feet to land now or formerly of the Long Island Rail Road; THENCE along said land North 46 degrees 14 minutes 21 seconds East,336.89 feet to a rail road monument and land shown on Map of Elijah's Lane Estates,Section 3,filed 10/8/1996 as Map No.9913; THENCE along said land and land shown on Map of Elijah's Lane Estates,Section 2,filed 10/8/1996 as Map No.9912 the following eight(8)courses and distances: 1. South 40 degrees 09 minutes 50 seconds East, 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East,423.50 feet; 3.South 34 degrees 42 minutes 50 seconds East,492.40 feet; 4.South 38 degrees 31 minutes 50 seconds East,643.60 feet; 5.South 37 degrees 02 minutes 50 seconds East,566.37 feet; 6.South 37 degrees 36 minutes 50 seconds East,297.63 feet; 7.South 36 degrees 32 minutes 50 seconds East, 162.95 feet; 8.South 38 degrees 30 minutes 50 seconds East, 101.20 feet to land now or formerly of New York State (Recharge Area); THENCE along said land the following two(2)courses and distances: 1.South 51 degrees 30 minutes 17 seconds West, 170.98 feet; 2.South 36 degrees 49 minutes 33 seconds East,303.55 feet to the northerly side of Main Road(State Route 25),the point or place of BEGINNING. 3 SCHEDULE B RESERVE AREA ALL that certain plot,piece or parcel of land,situate,lying and being at Mattituck,in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows; BEGINNING at a point on the northerly side of Main Road(State Route 25)where the same is intersected by the southwest corner of land of New York State(Recharge Area)and the southeast corner of the premises about to be described herein;said point being also distant 1,190±feet westerly as measured along the northerly side of Main Road from the corner formed by the intersection of the westerly side of Elijah's Lane with the northerly side of Main Road(State Route 25); RUNNING THENCE from said point or place of beginning along the northerly side of Main Road (State Route 25)South 76 degrees 45 minutes 37 seconds West,244.00 feet to land now or formerly of Edward F.Rutkoski; THENCE along said land and along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two(2)courses and distances: 1.North 34 degrees 24 minutes 53 seconds West,325.00 feet; 2.North 36 degrees 09 minutes 45 seconds West,212.49 feet; THENCE North 52 degrees 23 minutes 05 seconds East,375.31 feet to land shown on Map of Elijah's Lane Estates,Section 2,filed 10/8/1996 as Map No. 9912; THENCE along said land the following three(3)courses and distances: 1.South 37 degrees 36 minutes 50 seconds East,67.36 feet; 2.South 36 degrees 32 minutes 50 seconds East, 162.95 feet; 3.South 38 degrees 30 minutes 50 seconds East, 101.20 feet to land now or formerly of New York State (Recharge Area); THENCE along said land the following two(2)courses and distances: 1.South 51 degrees 30 minutes 17 seconds West, 170.98 feet; 2.South 36 degrees 49 minutes 33 seconds East,303.55 feet to the northerly side of Main Road(State Route 25),the point or place of BEGINNING. 2 . . t. SCHEDULE C DEVELOPMENT RIGHTS EASEMENT AREA ALL that certain plot,piece or parcel of land,situate,lying and being at Mattituck,Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the northerly side of Main Road(State Route 25)where the same is intersected by the southwest comer of land of New York State(Recharge Area)and the southeast corner of the Reserve Area described herein;said point being also distant 1,190±feet westerly as measured along the northerly side of Main Road(State Route 25)from the comer formed by the intersection of the westerly side of Elijah's Lane with the northerly side of Main Road(State Route 25)-. RUNNING THENCE along the northerly side of Main Road(State Route 25)South 76 degrees 45 minutes 37 seconds West,244.00 feet to the division line between Reserve Area and land now or formerly of Edward F.Rutkoski; THE NCE along said land and along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two(2)courses and distances: 1. North 34 degrees 24 minutes 53 seconds West,325.00 feet; 2. North 36 degrees 09 minutes 45 seconds West,212.49 feet to the true point or place of BEGINNING. THENCE along the division line between Development Rights Easement Area to be described and land now or formerly of Henry Rutkoski and Helen Rutkoski North 36 degrees 09 minutes 45 seconds West, 2,460.44 feet to land now or formerly of the Long Island Rail Road; THENCE along said land North 46 degrees 14 minutes 21 seconds East,336.89 feet to a rail road monument and land shown on Map of Elijah's Lane Estates, Section 3,filed 10/8/1996 as Map No. 9913; THENCE along said land and land shown on Map of Elijah's Lane Estates, Section 2,filed 10/8/1996 as Map No.9912 the following six(6)courses and distances: 1. South 40 degrees 09 minutes 50 seconds East, 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East,423.50 feet; 3. South 34 degrees 42 minutes 50 seconds East,492.40 feet; 4. South 38 degrees 31 minutes 50 seconds East,643.60 feet; 5. South 37 degrees 02 minutes 50 seconds East,566.37 feet; 6. South 37 degrees 36 minutes 50 seconds East,230.27 feet to a point; THENCE South 52 degrees 23 minutes 05 seconds West,375.31 feet to the true point or place of BEGINNING. e � V lllElll IIII IIIII IIfl111f11 11111 IIIII IIIII IIII!Iffl III! 111111 IIIII IIIII Ilf!flit SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 01/25/2012 Number of Pages: 25 At: 03:45:29 PM Receipt Number : 12-0009057 TRANSFER TAX NUMBER: 11-12687 LIBER: D00012683 PAGE: 180 District: Section: Block: Lot: 1000 108.00 04.00 001.004 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1 ,220,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $125.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $31.25 NO RPT $30.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $231 .25 TRANSFER TAX NUMBER: 11-12687 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Ei 21 Number of pages -IRDEE, ,)12 Jan 25 07:45:29 R1 JSDI Tii A. PASINLE This document will be public UFFt.-LEF.. C'r* 0F OUOLUTY record. Please remove all L I I F 1 D,11,.'F-'.1-,- Social Security Numbers P I"'_j prior to recording. IJ# Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording/Filing Stamps FEES Page/Filing Fee 12 — Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total V Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. Dual Town—Dual County_ Held for Appoint �nt Comm.of Ed. 5. 00 ®R% Transfer Tax If Affidavit Mansion Tax Vx The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00family dwelling only. Other Sub Total_ L YES— or NO GrandTotalIf NO,see appropriate tax clause on page#—of this instrument, 4 113ist.;Vj 1000 10800 0400 001004 L 5 Community Preservation Fund Real Property Consideration Amount$ C Tax Service (12 DJ Agency CPF Tax Due $ Verification 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO: Vacant Land O&L,qA,io- 66eesxI 7-alj ,X. ou - LAub PAC5Z*JtA7-1d0J TD ,0 ,j), Box 079 TD &u77mLb, A-Il 11971 TD Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.NameS T 1 7-� www.suffolkcountyny.gov/clerk Title# S-rll- 1,9ZY 8 . Suffolk Count y Recording & Endorsement Page This page forms part of the attached 6e4rr '9-- b'-V61"01)'4Vr 6,',Vn &-4112-,, mad,by: (SPECIFY TYPE OF INSTRUMENT) Al cyfeas The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of 16 wk) JF In the VILLAGE or HAMLET of R7-1-77tCA( BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12 DIN 101oii, (over) IMARTANT NOTICE • If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, 'you will now need to contact Your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 101 and on or before May 31". Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631)957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 (631)451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631)224-5580 (631) 765-1803 Sincerely, q--a . Judith A. Pascale Suffolk County Clerk 12-010C oeioena GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 1qj1- day of December, 2011 at Southold, New York. The parties are PINDAR VINEYARDS, LLC, Dr. Herodotus Damianos, as Managing Member, 591A Bicycle Path, Port Jefferson Station, New York 11776 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-108-4-1.1 more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey prepared by John C. Ehlers Land Surveyor on November 1, 2011, last revised November 21, 2011 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and WHEREAS, the Property is located in the A-C and R-40 Zoning Districts of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for row crops; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION TWO HUNDRED TWENTY THOUSAND and 00/100 DOLLARS ($1,220,000.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. 2 The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens, as set forth in Stewart Title Insurance Company Title Report No. ST 11-12359 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law 3 §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey dated November 1, 2011 last revised November 21, 2011 prepared by John C. Ehlers Land Surveyor and a Phase 1 Environmental Site Assessment dated October 25, 2011 prepared by Nelson, Pope and Voorhis, LLC. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. 4 Y ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as said Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"). No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. 5 Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall remain as a good and valid easement, separate and apart from any other interest of the Grantee, and is to remain and continue as an existing and enforceable easement, and shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for ONE MILLION TWO HUNDRED TWENTY THOUSAND and 00/100 DOLLARS ($1,220,000.00) and such other good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 6 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and Sections 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials: Minina Mineral exploitation, and extraction of any mineral (including but not limited to soil, gravel, sand and hydrocarbons) by any method, surface or subsurface, is prohibited. Grantor shall not remove or fill topsoil, sand, or any other materials, nor shall the topography of the Property be changed except in connection with the construction and maintenance of any structure or improvement expressly permitted to be placed, or constructed on the Property, under the terms herein. Grantor may remove topsoil, sand or other materials for purposes of erosion control and soil management only with the prior written approval of Grantee. Any agricultural production activities as defined herein and determined to be acceptable agricultural practice in accordance with a Natural Resources Conservation Plan (NRCS) farm management plan shall not be prohibited. The Land Preservation Committee has the right to require a MRCS plan for the property prior to the removal of topsoil based upon the extent and type of removal of topsoil. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, subdivide the property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Such subdivision may not defeat nor derogate from the purpose of this Easement or other applicable law. 7 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to §4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town 8 Code, now, or as said Chapter 70 may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor 9 . Y hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for access from the Reserve Area shown on the Survey to the Main Road/ State Route 25. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. 10 These uses shall not be offered or provided for the commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. I1 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (1) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (iv) Notwithstanding anything to the contrary contained in this Easement, lot coverage shall be limited to twenty (20) percent. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to 12 this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and, in the case of a transfer to an entity, the individual principals thereof. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, and that the provisions hereof shall not affect Grantee's right hereunder or the validity of this Easement. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 13 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Abandonment of Agricultural Use If Grantor leaves the Property open and follow and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement an NRCS Plan (the "Plan") approved by the Land Preservation Committee. Grantor shall provide Grantee reasonable opportunity to initiate agricultural production or prepare the Property for agricultural production. Following the failure by the 14 Grantee to reasonably comply after the completion of one growing season, Grantee shall have the right to enter the Property and restore, prepare and maintain the Property for future commercial agricultural use in order to protect the environmental, natural, scenic and agricultural values of the Property and to insure the Property remains viable for agricultural production. In the event Grantor fails to comply with the provisions of this section after the completion of one growing season, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 6.03. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration In addition to Grantee's remedies under Section 5.04, Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 15 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within ten (10) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. 16 J • The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within ten (10) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property 17 r shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby, in accordance with Section 7.11 herein. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement is made with the intention that it shall qualify as a conservation easement in perpetuity under Code Section 170(h). The parties agree that amendments to the provisions of this Easement may be permitted by Grantee if such amendment shall be necessary to entitle Grantor to meet the requirements of Code Section 170(h) and/or to enable Grantee to amplify the public benefits attributable to this Easement. This Easement can be amended and modified only in accordance with the common and statutory laws of the State of New York applicable to the modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement, provided however, that Grantee shall have no right or power to agree to any amendment hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, or any regulation issued pursuant thereto. 18 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing New York law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 19 y 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 20 r 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 (Extinguishment of Easement), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, as reflected in an appraisal obtained by Grantee dated April 18, 2011 (valuation date 4/12/11). The Proportionate Share is 64%. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PINDAR VINEY RL, LL4,C, Grantor BY Dr. Herodotus Damianos, Managing Member ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: ' Sc tt A. Russell, Supervisor 21 r State of New York ) County of -ZIAeLX ) ss: On the day of December in the year 2011 before me, the undersigned, personally appeared Dr. Herodotus Damianos, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals) acted, executed the instrument. Signatur%Tfrce of individual taking acknowledgement PATRICIA L. FALLON State of New York ) Notary Public, State Of New York 46 Count of Suffolk No. 01 Suffolk Co Y ) ss: Quali'.'tsd !n Suff�Ik County Q Commission Expires April 24, �OJs On this f7 day of December in the year 2011 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature/office of individual taking acknowledgement PATRICIA L. FALLON Notary Public,State Of New York No. 01 FA4950146 OuaHted In Suffolk County Commission Expires April 24, X2,0 is 22 5URVEY OF PROPERTY / 51TUATE: MATfITUGK TOWN OF 5MTHOLD \ La SUFFOLK GOUNTY, NY N 5U MSEV '7' I,2011 % REVISED NOV.11,2011 REVISED NOV.21,2011 SUFFOLK GOUN7Y TAX �jTl' D c 1000-IOD-4-IJ " S \ .T •�•�• \•� TdfAL ARU.]fib Acwt•5. 1 MFa YEEGi r0 OIVBQI.IMr GIb1.5•]OOJ ALRES \� "1. ASA YYTI OlVF10REMf i06HT5 HTKT.10 A(AL�+ \ ted• e4. Detail { � �fS O -Rd tvla�n f- IoN C�s IANO SURVEYOR MAILING ADDRESS: PLANNING BOARD MEMBERS 0 soar P.O. Box 1179 DONALD J.WILCENSKI ���� y�lO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • Q 54375 State Route 25 JAMES H.RICH III �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �y�DUM`I Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman Members of the Planning Board,0* Date: July 24, 2014 Re: Request for Comments for Showalter Farms SCTM#1000-108-4-1.3 & 1.4 ZBA#6778 The Planning Board has reviewed the request for a riding academy and stables; Special Exception pursuant to §280-131312 of the Town Code, at 18625 NYS Rt. 25, Mattituck. The subject site is R-40 /A-C split zone parcel of±4.18 acres, contiguous to a 20 acre A-C zone parcel with Development Rights sold to the Town of Southold. The Planning Board generally has no objection to the proposal as it is consistent with the goals of the Comprehensive Plan supporting and maintaining agriculture and pursuant to §280-97 of the Town Code. Please be advised that the Planning Board is currently in the middle of its Site Plan review process for this application and reserves the right to make any necessary changes to the Site Plan after reviewing all proposals thoroughly. Thank you for this opportunity to provide comments. If you should have any questions or require additional information, please do not hesitate to contact the Planning Office. %ATTITUCK FIRE DISTRAI PO BOX 666, PIKE STREET MATTITUCK, NEW YORK 11952-0666 Commissioners Warren W.Jackson,Chairman John C.Harrison,Secretary Barbara Dickerson,Treasurer David F.Haas,Vice Chairman Lloyd H.Reisenberg Greg Dickerson Michael Sweeney July 23, 2014 Southold Town Planning BoardE C F Attn: Brian Cummings P0Box 1179 uL JUL 242014 Southold, NY 11971 SoutPioi� :ter,;; Re: Showalter Farms LLC Planning SCTM#: 1000-108-4-1.4 wy Dear Mr. Cummings; The Board of Fire Commissioners of the Mattituck Fire District reviewed the above mentioned site plan at their regular meeting on July 22, 2014; and have only the following recommendation: The Board of Fire Commissioners recommends that all drives and entry ways meet Southold Town Code (280-109c). If you require any additional information please do not hesitate to contact me. Sincerely, John C. Harrison Secretary/Fire District Manager cc: Board of Fire Commissioners Chief Office (631) 298-8837 Facsimile (631) 298-8841 Southold Town Planninq Board — Page Three -July 21, 2014 ......................................................................................................................................................................................................................................................_......................................................................................................................................................................... Pro1..............__ect name: Scott, John SCTM#: 1000-75-6-3 ..................... ......................................................................................................................................................................................................................................................................................._.............................................................................................................................._..................._................................ Location: On the east side of Wells Road and the south side of Main Road, east of Peconic Lane, in Peconic. ... ........................................................................................._._..._............................................................................................................................................................................................................................................................................................................; Description: This is an approved 3 lot Standard Subdivision on a 6.5539 acre parcel, located in the R-80 Zone. ....._..................................................................................................................................................................._............................................................................................................................................................................................_...................... Status: FinaApproval.................................................................................... _......................._.............._ _.............................................................._..............._......_.._........._._ .... . . . ...._....._....._............._.................................................................................._................................................................................................ Action: Review Site Visit Comments. ........................................................................... ...... .... ....... ........ ................................................... .................. ._....... ..... ............ . .................................................. ..... ........... .............................. ......................... ; Attachments: None .................................................................................................................................................................................................................................................................................................................................................................................................................................................... Discussion: 1. Draft Planning Board Monthly Report for June 2014 2. Review Special Exception Request (ZBA #6776) for Showalter Farms, LLC. SCTM# 1000-108-4-1.3 & 1.4 MAILING ADDRESS: PLANNING BOARD MEMBERS �o��o� SQUTyolo P.O. Box 1179 DONALD J.WILCENSKI Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS CA Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III �Ol (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR '��'�UMV,� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Brian Cummings, Planner.?D Date: July 17, 2014 Re: Proposed Site Plan for Showalter Farms, LLC Application Name: Showalter Farms, LLC Tax Map Number: 1000-108.-4-1.4 Location: 18625 NYS Rt. 25, Mattituck Type of Application: Sketch Subdivision Map Preliminary Subdivision Map Final Subdivision Map Road Profiles Grading and Drainage Plans Other Site Plan (Dated: June 20, 2014) Revised Site Plan Grading and Drainage Plans Other (AS BUILT) Project Description: This proposed site plan is to construct phase one of a riding academy, and includes one 24' x 30' (720 sq.ft.) 3-stall barn, two 24' x 10' (240 sq.ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and eight (8) parking stalls on 24.2 acres in the A-C Zoning District. Thank you for your cooperation. • • MAILING ADDRESS: PLANNING BOARD MEMBERS 0� SU!/j P.O.Box 1179 DONALD J.WILCENSKI �o�� y�lO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTYGSA` • Q 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ���'�UNT`1,� Southold, NY Telephone:631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Mark Terry, LWRP Coordinator From: Brian Cummings, Planne Date: July 17, 2014 Re: Proposed Site Plan for Showalter Farms LLC 18625 NYS Rt. 25, ±1,190 w/o Elijah's Ln & NYS Rt. 25, Mattituck SCTM#1000-108-4-1.4 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. The file is available at your convenience. This proposed site plan is to construct phase one of a riding academy, and includes one 24' x 30' (720 sq.ft.) 3-stall barn, two 24' x 10' (240 sq.ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and eight (8) parking stalls on 24.2 acres in the A-C Zoning District. Thank you for your cooperation. • • MAILING ADDRESS: PLANNING BOARD MEMBERS ``OF so G P.O. Box 1179 DONALD J.WILCENSKI ���`` '710 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • Q 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR IyCOU � Southold,NY Telephone: 631 765-1938 www.southoldtowuny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Peter Doherty, Code Enforcement Officer Robert Fisher, Fire Marshall From: Brian Cummings, Planner Date: July 17, 2014 Re: Proposed Site Plan for Showalter Farms LLC 18625 NYS Rt. 25, ±1,190'w/o Elijah's Ln & NYS Rt. 25, Mattituck SCTM#1000-108-4-1.4 The Planning Board refers this application to you for your information, comments, review, and any violations on record, if applicable. This proposed site plan is to construct phase one of a riding academy, and includes one 24' x 30' (720 sq.ft.) 3-stall barn, two 24' x 10' (240 sq.ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and eight (8) parking stalls on 24.2 acres in the A-C Zoning District. w Thank you for your cooperation. Lasefche: Planning, Applications, Site Plans, Pending, 1000-108.4-1.4 MAILING ADDRESS: PLANNING BOARD MEMBERS rd soo� P.O. Box 1179 DONALD J.WILCENSKI V� y Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • Q 54375 State Route 25 JAMES H.RICH III �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR IyCOU � Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael J. Verity, Chief Building Inspector From: Brian Cummings, Planne(g:� Date: July 17, 2014 Re: Proposed Site Plan for Showalter Farms LLC 1205 NYS Route 25, ±1,190'w/o Elijah's Ln & Rt. 25, Mattituck SCTM#1000-108-4-1.4 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. This proposed site plan is to construct phase one of a riding academy, and includes one 24' x 30' (720 sq.ft.) 3-stall barn, two 24' x 10' (240 sq.ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and eight (8) parking stalls on 24.2 acres in the A-C Zoning District. Thank you for your cooperation. Encls: Site Plan • • MAILING ADDRESS: PLANNING BOARD MEMBERS *OF SP.O. Box 1179 DONALD J.WILCENSKI �0� y�lO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • Q 54375 State Route 25 JAMES H.RICH III �� p� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDORIyCoUIY l,� Southold,NY IY', Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD Memorandum To: Elizabeth Thompson, Chairperson Southold Town Architectural Review Committee From: Brian Cummings, Planner Date: July 17, 2014 Re: Request for Review: Showalter Farms, LLC 118625 NYS Route 25, 1,190' w/o Elijah's Ln & Rt. 25, Mattituck SCTM#1000-108.-4-1.4 The Planning Board refers this site plan application to your committee for review and comments. This proposed site plan is to construct phase one of a riding academy, and includes one 24' x 30' (720 sq.ft.) 3-stall bam, two 24' x 10' (240 sq.ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and eight (8) parking stalls on 24.2 acres in the A-C Zoning District. Thank you. Encls.: Site Plan Application and Site Plan Elevations • • MAILING ADDRESS: PLANNING BOARD MEMBERS OF soar P.O. Box 1179 DONALD J.WILCENSKI O�� �Ol Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G 54375 State Route 25 JAMES H.RICH IIIA �� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR IyIrou Southold, NY Telephone: 631 765-1938 www.southoldtowimy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 17, 2014 Mr. John Harrison c/o Mattituck Fire District P.O. Box 666 Mattituck, NY 11952 Re: Request for Review on: Proposed Site Plan for Showalter Farms LLC 18625 NYS Rt. 25, 1,190' w/o Elijah's Ln & NYS Rt. 25, Mattituck SCTM#1000-108-4-1.4 Dear Mr. Harrison: The enclosed site plan application is being referred to you for your comment on matters of interest to the fire department, including fire department equipment access, emergency services, and any other issue that may be of concern or relevance to this application. Please respond with your recommendations at your earliest convenience. This proposed site plan is to construct phase one of a riding academy, and includes one 24' x 30' (720 sq.ft.) 3-stall barn, two 24' x 10' (240 sq.ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and eight (8) parking stalls on 24.2 acres in the A-C Zoning District. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, ` S Brian Cummings Planner Encls.: Site Plan Application Site Plan MAILING ADDRESS: PLANNING BOARD MEMBERSFSO P.O. Box 1179 DONALD J.WILCENSKI 0��0 �r��l Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III '� �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR l�`+oU �`(,� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott A. Russell, Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk cc: Town Attorney From: Brian Cummings, Plannec� Date: July 17, 2014 Re: Proposed Site Plan: Showalter Farms LLC 18625 NYS Route 25, ±1,190'w/o Elijah's Ln & NYS Rt. 25, Mattituck SCTM#1000-108-4-1.4 The Planning Board refers this application to you for your information, comments, review, and a determination of jurisdiction, if applicable. This proposed site plan is to construct phase one of a riding academy, and includes one 24' x 30' (720 sq.ft.) 3-stall barn, two 24' x 10' (240 sq.ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and eight (8) parking stalls on 24.2 acres in the A-C Zoning District. Thank you for your cooperation. Lasefche: Planning, Applications, Site Plans, Pending, 1000-108.4-1.4 BOARD MEMBERS *QF $O Southold Town Hall Leslie Kanes Weisman,Chairperson O (/r 53095 Main Road•P.O.Box 1179 � p yl Eric Dantes Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �� �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCom Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 JUL 1 4 2014 MEMO TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: July 14, 2014 SUBJECT: Request for Comments ZBA # 6778 SHOWALTER FARMS LLC The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. 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. APPLICANT TAX# ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SURVEY SHOWALTER 1000- 6778 August 7, Art. III Sec. 7/7/2014 John C. FARMS LLC 108-4-1.3 2014 280-13B(12) Ehlers Land & 1.4 1 Surveyor Your comments are requested 1 week prior to hearing date. Thank you. Encls. BOARD MEMBERS Southold Town Hall / Leslie Kanes Weisman,Chairperson ��OF SOVj yQ 53095 Main Road•P.O.Box 1179/` Southold,NY 11971-0959 Eric Dantest Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing 0 54375 Main Road(at Youngs Avenue) Kenneth Schneider �y�oum Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD E ( U MEMO Tel.(631)765-1809•Fax(631)765-9064 U JULY 4 2014 Sous:,a;J Tocsn TO: Planninq Board Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: July 14, 2014 SUBJECT: Request for Comments ZBA# 6778 SHOWALTER FARMS LLC The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. 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. APPLICANT TAX# ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SURVEY SHOWALTER 1000- 6778 August 7, Art. III Sec. 7/7/2014 John C. FARMS LLC 108-4-1.3 2014 280-13B(12) Ehlers Land & 1.4 1 1 1 Surveyor Your comments are requested 1 week prior to hearing date. Thank you. Encls. SEE SEC.NO-101 FOR PCL NO. SEE SEC.NO�, --- --- -.-. n+-m.nN j'f ,0.101 MA ---- - ' Vl LINE ��_y b 9.Aroi 3 COMh I"W HR1 \•1',✓ / C7(fgI 1 FfiL CMHP JUL CO Q' 3.9A(� 718 ` V O - 4+ - 7- S-3 V (TOWN OF SOIliN'DLD ,+4, l4 7.,7 / c° DEVELOPMENT RIGHTS) #' d g '.� I 7, S eelLL 9 7.50 7.18 1 P, 1,.A log 7 ^{ I 2 r4 7.15 $ ! ` g - ff- r . .J a 1 �^^��p - 4- 7. 35 7.49 7.14 av � 1 C9 7.48 m 7.1 iJ�y d - If - 7• -jF- g 7.51 e 7.47 �l..,r �` -7- 3'9 ,.7A(c) , fir. « •!r106- '7 ' ! 7 7.52 Sa 7.32 �. // 0 6- T /< 3 { $ m 7.53 �e '�P� as t `r a - Lfo '�, •P 754 7.31 110,4- L f I 7.33 7.30 0.3 !, / 20.0A (TO WN OF SOUTlIOID 1 0 lot, Q,,\J,�/�JCry�(!�7 DEVELOPMENT RIGHTS) '$ 7.34 '•b 7.35 l vI too- 7.38 < * x 7.37 5.9 PW O 3 7.25 7.38 M, � ,•p `,�,1 s 7.24 7.39 7.3 °u .g 7.23 +i' 4��' 1.OA(c)y � t (( /} 7.40 QP p� j %� ,� v"� 6 q • 7.43 •• FOR PCL NO. 741 1.ef FOR PCL.NO. FOR PCL NO. s .�1.A 746 7.44 FOR PCL NO. SEE SEC.9.3 FOR PCL..N I,a y, SEE SEC.NO. SEE SEC.NO. 11502-009.3 SEE SEG.0.2 ,� m •`< SEE SEG.NO. 115-02-008 715-02-010.2 7 45 115-02-002.1 115-02-003 O G 13 a b 4.2A - z 1 - 5 Ro. z � .- ----- ''s 18.SA(c SOZ p,GN r.n o. 102 a 1't 3„5. 1 4g(c)i 8.pp lot v 5 \ 9. 'rc 1.A(c) ,p `•1 s vu 14 9 1 4" oI 17°A(c) 23.3A(c) s' 2.OA g 15 4 �a .�`.�un si (TOWNOFSOUTHOLD 2 /1 DEVELOPMENT R/GHTS) 2.t 3 � '+, 3 Oma. y o l 33.OA(c) y, - o 1 m (TOWN OF SOUTHOLD s �p o 5 �m� DEVELOPMENTRIGHTS) 4 15jA 10 S 11A(c) 7 p O ��• _- ro5,oa1 $- _ fi•-' e s 7.3A(c) 6 OF w � `\' 19 `S , kP $ w•'� 0 '1 a� O NO o 5 \1 o 9 $ $NEWCOR u !VC•�/ - �� ID R' �O �` rnM -7 7? ZONING BOARD OF APPEALS TOWN OF SOUTHOLD,NEW YORK J U L 1 4 20114 Phone(631)765-1809 (631)765-9064 APPLICATION FOR SPECIAL EXCEPTIONw„., Application No Date Filed: TO THE ZONING BOARD OF APPEALS,SOUTHOLD,NEW YORK: Applicant(s),�AK6me w L— o1V /ya NL i c'F-- fiy* !''S of Parcel Location: House No.Aw Street I'`ICW I"V. HamletmAmrtoc Contact phone numbers: :]w4W SCTM 1000 Section 1�[�Block 14 Lot(s) '`T Lot Size Zone District' AM hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE,ARTICLE'IV,SECTION t7 ,SUBSECTION 2. for the following uses and purposes: as shown on the attached survey/site plan drawn to scale.Site Plan review V]IS or[ ]IS NOT required. A.`�Sttat`em(e�n}tt of Ownership and Interest: V�V K1 P, **A('TVr2 is(are)the owner(s)of property known and referred to as ".- �—w&I r✓� r-".1 (House No.,Street,Hamlet) ,�pr identiff�on the Suffolk County Tax Maps as District 1000,Section—!uD ,Block 14—,Lot .� J and shown on the attached deed. �j ,((�y,,�/j� The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is subject of this application is zoned���and[ ]is consistent with the use(s)described in the CO(attach copy),or [ ]is not consistent with the CO being furnished herewith for the following reason(s): [ ]is vacant land. COUNTY OF SUFFOLK) ss.: STATE OF NEW YORK) (S' ure) Sworn to before me this day op'tdv 2014- . LAWRENCE E.SILVERMAN *otar,yPic) No R g.Nio..01S1497 025ic,State of New York Cluaiitied in Suffolk County Commission Expires January 2, 20„rj ZONING BOARD OF APPEALS _t TOWN OF SOUTHOLD,NEW YORK Phone(631)765-1809 (631)765-9064 APPLICATION FOR SPECIAL EXCEPTION d Application Nir.° Date Filed: Page 2 General Standards,please answer the following as it pertains to your project: A. The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts BECAUSE: WP- Aft iZ)JVW1k4k AJt"1;ZJ&A '0" 1fi2KV4) "Ae, Z01^k,- , B. The use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts BECAUSE: Inf AChNvi�s 1�1 �i�-11' M a h[st� 2c . C. The safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location BECAUSE: top4nvol&6 n� ��r -�o +"ICil � AC ZvM+, D. The use will be in harmony with and promote the general purposes and intent of Chapter 280-142 BECAUSE E. The use will be compatible with its surroundings and with the character of the neighborhood and of the community in general,particularly with regard to visibility, scale and overall appearance BECAUSE: wp" 1rq IR, V0 I of LAM Mb T& Gol-1Mfvo lltl. F. All proposed structures, equipment, and material shall be readily accessible for fire and police protection BECAUSE: Wrz, A-OT-, movtn mb- �5-o`lv�l �5 �2v� ro )Nk eV260615W L?fi12t1GIuPPri� . G. The proposal shall comply with the requirements of Chapter 236, Stormwater Management BECAUSE: FLA+ kr-A BOO );W- V-00-ot APPLICANT'S PROJECT DESCRIPTION APPLICANT:nk,-f N i"Al� DATE PREPARED:. D 1;For Demolition of Existing Building Areas Please describe areas being removed: II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: • Percentage of coverage of your lot by building area: V.Purpose of New Construction �� � � 2 �d X 1�24X n VI.Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): �L0�1" - Nofi filr-�1Uyl�' Please submit S sets of photos,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. 4/2012 JUL 14 2014 ROPE!tT/Y- REC &RD M 00 SOUTHOLD$ 'ORD STREET r} a VILLAGE QIST SUB. LOT ?� t N E A S/ W i YPE OF BUILDING C 111 M191 .. EAR COMM, MICS, Mkt! VQlue )TAL DATE REMARK$ Y +` x Pao or - r _� _DING CONDITION i Ll 31LOWABOVE - nlue Per Value Acre FRONTAGE ON:WATER f�Plv FRONTAGE OR ROAD` �_.. DEPTH . BULKHEAty. c DOCK` fes:` .wol, COLOR TRIM ,r —77 II , n . Faundation f hath D netts Basement Floors, --- ,Ext. Walls t,(, o,o 4. .,-5�l Inte'rior Finish LR. _ Fire ploee,, Meat DR. TyPe Roof Rasirns: I st Floor Recreation PIcfom Rogms 2nd Floor FTN. B dormer - Cir%ueway TOWN O.F SOUTHOLD PROPERTY RECORD CARD STREET VILLAGE DIST: SUB. LOT AER, G-� REMA KS ,2: c�. .LIZ( ( - V4 k ,sA Ifl5#i 2 of TYPE OF BLD. PROP: GLASS TOTAL DATE FRONTAGE ON WATER H U$E/LQT BULKHEAD TOTAL r t LOC MELISSA A.SPIRO t a"f i'i'J�4►`, OF CE Tlown Hall AnnexON: LAND PRESERVATION COORDINATOR 54375 State Route 25 melissa.spiro(giown:southold.ny.us (comer of Main Rd&Youngs Ave) Southold.New York Telephone(631)765-5711 Facsimile(631)765-6640 �' MAILING ADDRESS.- P.O. DDRESS:P.O.Box 1 179 Southold.NY 11971-0959 I DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 8, 2014 Chris& Joanne Showalter 1015 Orchard Lane Southold, NY 11971 JUL 14 2014 Re: Proposal for Showalter Farms LLC SCTM#1000-108.-4-1.4 y Dear Mr. & Mrs. Showalter: The Land Preservation Committee Members, in accordance with Section 70-5 C. (2) (a) [3]of the Town Code and the recorded easement for the subject property, reviewed the proposal you presented to the Committee,on November 26, 2013, together with an e-mail from you dated November 21, 2013'outlining your proposal, a suijvey dated November 20, 2013 showing proposed improvements and your e-mail of January 6, 2014 which includes your Horse Farm Grazing and Pasture Management Planand.a National.Resources Conservation Service (NRCS) Prescribed Grazing Plan dated lecemir 5, 2013. The recorded easement for this property allows land within the easement area to be used for the purpose of agricultural production. Section 70-5 C. (2)(a) [3] of the Town Code and the recorded Easement require that the use of the Property Is consistent.with the terms of the Easement and that the Committee serve.as a review board for the granting of permits for the construction, reconstruction and additions of and'to structures in or on agricultural lands in which the development rights have-been acquired by the Town. The Committee's review/approval does not override the need for reviewtapproval by other-Town.Departments or agencies. Your proposal for uses/improvements wi 1'n.the Easement area as presented in the above mentioned documents is for the property`which is subject to easement to be used for boarding, breeding, raising and training of approximately 30 horses. The.proposed improvements within the Easement area are: 1. Four(4)separate Stall Stables; a. Two with 2 stalls each, each 10' by 24' in area. b. Two with 4 stalls each, one 15'k 48'and another 24'x 30'. The 4 stall barns are located on the,souttiwest comer df the Easement Area as shown on the survey dated 11/20/201'3. 2. A courtyard as shown (handwritten) on the survey which will include cement walkways between the buildings. 3, An area forsacriflce paddocks, as shown (handwritten)on the survey, to the east of the proposed bam stalls. 1 1 , 4. A grass training area of approximately 156.5' by 70 feet, as shown in the southeast section of the property. I I 5. Thirteen (13) paddock areas, some with run-in sheds. It is understood that this ' an estimated number and more may,be instilled in the future. 6, Electric and water trenching to improvements and to paddock areas.These improvements are not shown on tI he survey, but are proposed. � _ 7. A manure dump trailer, shown (handwritten)west of the northem most stall. 8. Your proposal includes a Horse Farm Grazing and Pasture Management Plan and a NRCS Prescribed Grazing Plan..ln a NRC S.letter dated December 27, 2013 it is noted that the Prescribed Grazing Plan indicates that there is sufficient land to handle the stocking rate of 30 horses. The Committee passed a motion on January 7, 21014 to approve the use of the property for boarding; breeding, raising and training of approximately 30 horses in,accordance with the November 21, 2013 Horse Farm.Grazing and Pasture Management Plan, and the proposed improvements and uses as noted above! Section.1.02 of the Easement notes thatl Land Preservation Committee review and approval is not required for farm irrigation systems ind fencing necessary for agricultural operations. Asper the Easement, the removal of topsoil, sand, or other materials shall not take place, nor shall the topography be changed except to construct and maintain the above mentioned approved structures and improvements. The Committee's approval of the uses/im rovements within the easement does not mean that such uses will be approved or permitted Eby othel.Town Departments or agencies. The Committees approval does not mean that:you can proceed with construction. All improvements are subject to all applicable Town Code requirements. The Committee's approval allows you to proceed with pursuing any lapplica¢le approvals that are required by Town Code. The Committee's approval is for the uses mentioned above only. You will need to return to the, Committee for approval for any future construction, reconstruction, and additions of and to structures within the development rights easement area. If you should have any questions, pleasel do not hesitate to contact me. Sincerely, Melissa Spiro Land Preservation Coordinator MS:and attachments cc: Planning'Board Building Department Jf July 10, 2014 NEMSCHICK SILVERMAN ARCHITECTS P.C. . . . the business of ARCHITECTURE." Southold Zoning Board of Appeals Southold Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971 Re: Showalter Farm Application 18625 Main Rd. Mattituck, NY SCTM: 1000-108-04-1.4 PROJECT DESCRIPTION: The placement of three horse barns[(2)10'x 24'and (1)24'x 30]approximately 500 feet from the Main Road and 25 feet from the western site boundary. All barns combined will keep 7 horses in total. All storm water runoff will be contained on site. All barns will be prefabricated and delivered thus greatly minimizing construction noise to neighboring properties. SITE USE TYPE: Developing the property for the purpose of using it as a Commercial Horse Boarding Farm Operation providing the following services: "Riding Academy"and"Stables"&"The keeping,breeding,raising and training of horses,"and will include the care, custody and control of the horses,as well as paid equestrian training sessions,training both the horse and the rider individually,as well as simultaneously. The operation will also include the production of field,garden and/or livestock crops(e.g. hay,grain, oats,etc.). This definition is in line with the NYS AML301(13),as we intend to board at least 10 horses(regardless of ownership)by the end of our first year of operation. Please note:According to NYS Department of Agriculture AMI-305-a,a"riding academy"includes all the services included under a Commercial Horse Boarding Farm Operation, PLUS riding lessons to the general public, public trail rides,and other more public commercial equine related activities. Please contact our office should you have any questions or require additional information. Thank you. Sincerely, Ray Ne*nKA" Ray Nemschick,AIA Principal JUL r Z(114 33105 MAIN ROAD • CUTCHOGUE, NEW YORK 11935 • 631 734 7007 telephone • 631 734 7347 facsimile • www.ns-arch.com QUESTIONNAIRE SPECIAL EXCEPTION FOR FILING WITH YOUR ZBA APPLICATION 1. Has a determination been made regarding Site Plan review? Yes zl� No If no,please inquiry with the ZBA office and if site plan is required,you may apply to the Planning Dept. at the same time so both applications can be reviewed concurrently. 2. Are there proposals to change or alter land contours? a. No Yes please explain on attached sheet. 3. Are there areas that contain sand or wetland grasses? Jo a. 2.)Are those areas shown on the survey submitted with this application? b. 3.)Is the property bulk headed between the wetlands area and the upland building area? c. 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the trustees: and if issued,please attach copies of permit with conditions and approved survey. 4. Is there a depression or sloping elevation_ rear the area of proposed construction at or below five feet above mean sea level? NO 5. Are there any patios,concrete barriers, ulkheads or fences that exist that are not shown on the survey that you are submitting? NO Please show area of the structures on a diagram if any exist or state none on the above line. 6. Do you have any construction taking place at this time concerning your premises? If yes,please submit a copy of your�byilding permit and survey as approved by the uilding Department and please describe: 1"QPH G O KK {9 04)t 7. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to obtain copies of them. 8. Do you or any co-owner also own other land adjoining or close to this parcel? If yes,please label the proximity of your lands on your survey. 9. Please list present use or operations conducted at this parcel and the ro osseedd use �t"� { 1. (ex:existing single family,proposed:same with garage,pool or other or vacant proposed office with apartmentsabove,etc.) -litho ' if ature Ad Date JUL 1 . 2G 4 pq s,. 3 -..: -_ .......;.. .. _,r'a'..>.,t ., ..:,.,� �..,,... ..._,�.�>. T'..,,.�..-, .,.., ....: �.`,,E:_ra....... ,.. .- -.: -.,.a --.a•. ;tet �, �,_ $ � s c a tttx z su. # , -., .,.:.,, z r, � � ., a, v:. n ,, .. .,,.v,..•rr _.,, �, 4. -. ,,w�" .. .. :.i... ` .. .,-. ,. ., -, ,..-,, ,.. '�...,t 'c A...ay' c, 'moi. VWTia, -72 CO Sw in -n e,: be in cer 1, cate ` y x a a N 4 'i 2�1 of r y r t Y r x _ - r NEW (3) l-3/4'x7.25" OR (4) 1-314'X5.5" GP LAA 2.0 L VL EXI5TING HALL FRANINO, TYP. - NEIN 6X6 WOOD P05T5. ��!® � ,U ®� PppEp,�S GUT BACK EX/5TING kiALL �' - �I I F _ FR,4MING .45 SHOWN FOR THE - - �I I� - lNST/�LL�TION OF NEW COLUMNS AND BEAM A5 5HOWN. 12X12 POURED GONGRETE P/ER5 ON 24X24XI2"DP POURED GONG. FOOTING. PRo.ECr ftR.E NSA PRo.ECT« DRAWN Ff Nemschick Silverman Architects FRAMI/1GJCMEMATIC /iA 15-1777 Lcr '...the business ofARCHITECNRE.' YHOWALTLR FARM , DRAWI NOt 160 MAIN STREET,SUITE 200 MATTITUCt(/1Y KA1 .0 SAYVILLE, NEW YORK 11782 DATE SCALE J Phone: 631 563 2130 Fax: 631 563 2139 www.nsarch.com F "CCFV=fWDB �" AK=J ANCMBtaPL 1/16/14 AJ/10TED JUL 1 42014 ` , PINDAR VINEYARDS LLC a New York limited liability company GRANTOR, TO SHOWALTER FARMS LLC a New York limited liability company GRANTEE BARGAIN AND SALE DEED WITHOUT COVENANTS AGAINST GRANTOR'S ACTS District: 1000 Section: 108.00 Block: 04.00 Lots: 001,003 and 001.004 County: Suffolk Town: Southold Return by Mail to: Peter McGreevy, Esq. McGreevy&Henle, LLP 131 Union Avenue Riverhead,New York 11901 LXF/D928467v i/M0637 I O/CO049930 THIS INDENTURE, made the day of December, 2013 between Pindar Vineyards LLC, a New York limited liability company, having an address at 591-A Bicycle Path, Port Jefferson Station,New York 11776 ("Grantor"), and Showalter Farms LLC, a New York limited liability company having an address at 1015 Orchard Lane, Southold,New York 11971 ("Grantee"). WITNESSETH: That the Grantor, in,consideration of Ten ($10.00) Dollars paid by the Grantee, does hereby grant and release unto the Grantee, the heirs or successors and assigns of the Grantee forever ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York and being more particularly bounded and described on.Schedule A annexed hereto and made a part hereof TOGETHER with all right, title and interest, if any, of the Grantor of, in and to any streets and roads abutting the premises to the center line thereof, Being and intended to be the same premises as described in deed made by Agnes B. Graboski, recorded 09-09-99, Liber 11988 page 152. TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises, TO HAVE AND TO HOLD, the premises herein granted unto the Grantor, the heirs or successors and assigns of the Grantee forever. AND the Grantor, in compliance with Section 13 of the Lien Law, covenants that the Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The words "Grantor and Grantee" shall be construed as if they read"Grantors and Grantees"whenever the sense of this indenture so requires. LXF/D928467v1/M06371 OIC0049930 2 IN WITNESS WHEREOF,the Grantor has duly executed this deed the day and year first above written. In presence of: PINDAR VINEYARDS LLC a New York limited liability company By: - Name:4erodotus Damianos Title: Managing Member STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) On the 50' day of December in the year 2013, before me, the undersigned, personally appeared HERODOTUS DAMIANOS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ---- jary Public AORMTV.GUIr,0 N P"b"C.SState of NOW York Qvl RIed in a sk count, n►09,Qian E LXF/1)928467v1/M063710/C0049930 3 SCHEDULE A A11 that certain plot,piece or parcel of land,situate, lying and being at Mattituck,Town of Southold,County of Suffolk and State of New York, bounded and described as follows: PARCEL 1 BEGINNING at a point which is the southwesterly corner of the premises about to be described,which said point is distant the following two(2)courses and distances from a monument on the northerly side of Main Road (State Route 25)distant 1,190+ feet westerly from the corner formed by the intersection of the easterly side of Elijah's Lane with the northerly side of Main Road (State Route 25): Course 1. Running along the northerly side of Main Road, South 76 degrees 45 minutes 37 seconds West 244.00 feet, Course 2. Thence North 34 degrees 24 minutes 53 seconds West 298.33 feet to said point of BEGINNING. RUNNING THENCE from said point of beginning along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two(2)courses and distances: 1. North 34 degrees 24 minutes 53 seconds West 26.67 feet; 2. North 36 degrees 09 minutes 45 seconds West 2672.93 feet to land now or formerly of Long Island Railroad; RUNNING THENCE along said Iand now or formerly of Long Island Railroad,North 46 degrees 14 minutes 21 seconds East 336.89 feet to land as shown on the Map of Elijah's Lane Estates, Section 3 filed 10/8/96 as Map Number 9913; RUNNING THENCE along said land on said map and along land on the Map of Elijah's Lane Estates, Section 2, filed 10/8/96 as Map Number 9912 the following eight (8) courses and distances: 1. South 40 degrees 09 minutes 50 seconds East 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East 423.50 feet; 3. South 34 degrees 42 minutes 50 seconds East 492.40 feet; 4. South 38 degrees 31 minutes 50 seconds East 643.60 feet; 5. South 37 degrees 02 minutes 50 seconds East 566.37 feet; 6. South 37 degrees 36 minutes 50 seconds East 297.63 feet; 7. South 36 degrees 32 minutes 50 seconds East 162.95 feet; 8. South 38 degrees 30 minutes 50 seconds East 101.20 feet to land of New York State (Recharge Area); RUNNING THENCE along land of New York State South 51 degrees 30 minutes 17 seconds West 170.98 feet to a monument; RUNNING THENCE westerly through land of Agnes B. Graboski, which line is also the northerly side of Parcel 11,South 76 degrees 45 minutes 37 seconds West 230.30 feet to the point or place of beginning. SUBJECT TO an Agricultural exemption assessment pursuant to Article 25-AA of the Agriculture and Markets Law. and PARCEL II ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being at Mattituck,in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the northerly side of Main Road where the same is intersected by the.South West comer of land of New York State(Recharge Area)and the South East corner of the premises about to be described herein;said point being also distant 1190 feet more or'less westerly as measured along the northerly side of Main Road from the corner formed by the intersection of the easterly side of Elijah's Lane with the northerly side of Main Road; RUNNING THENCE from said point or place of beginning along the northerly side of Main Road,South 76 degrees 45 minutes 37 seconds West 244.00 feet to land now or formerly of Edward F. Rutkoski; RUNNING THENCE along said land now or formerly ofEdward F.Rutkoski and along land now of Henry Rutkoski and Helen Rutkoski North 34 degrees 24 minutes 53 seconds West 298.33 feet; RUNNING THENCE easterly through land now or formerly of Agnes B.Graboski North 76 degrees 45 minutes 37 seconds East 230.30 feet to a monument set on the Northwest corner of land of New York State(Recharge Area); RUNNING THENCE along said land of New York State(Recharge Area)South 36 degrees 49 minutes 33 seconds East 303.55 feet to the point or place of beginning. FORM NO. 4 t TOWN OF SGUTHOPD", SU'1LDl'NG bNPARTMENT' Office:; of the SuildinQ I pest"oma Ral.1 JUL 14 2014 Ron�holcl, N.Y. PRE EiritTINd GER!rfr1,'ATE OF, OCCUPANCY Nos Z- 26679 Date;: ,09 139;9 • THIS CERTIFIES that 'the building DWELLIfiJ6 & ACC'ES86Rt Location of Property 1862,5 M1KIN, RD MATTI2[LCIC (HOUSE NCS,j (STRLET) (H�11YEZ') County Tax. Map. No. 47388:9 Section 208 Slack 4094 Lot 0,01.001. Subdivision Filed Map No. Lot No-. conforms substantially. to the: Requirements far a ONE EA_K LX D,"LLT00 built prior to APRIL 9, 1957 pursuant. 'to which, CERTIPICATE" OP ACCUFANCY NW49ER Z- 26679 elated'. SEPTEMSRR 13, 1999 was issued, and conforms to all of. the. requirements' of 'the applicable provisions of the l:aw., The occupancy for whirl► this certificate is issued is ONE FAMILY DWELLING WITkx COVRAND FRONT FMCK AND,ACCEESORT The certificate is issued to .ANNE.^ R_ NRABOWSItI (OAR ` of the aforesaid,'building BIIFFOLY, COUNTYDEPARTMENT: OF WMLTf hPPR0VAL. 1L/A 0LICTRICAL CERTZP"IGFiTE `O* PLUMBERS CERTIFICATION DATED NlA. t *PLEASE: SEE ATTACHED INSPECTION REPORT.. B TI°LDINO DEPARTMENT. TOWN'OF SMITHOLD HH73I09:CODE INSPECTION REPORT LOCATIONc 18:6.25 IMN,RD MATT=CX SCIBDIVISTON': _ MAP NO.. -- Lar fs.} ?VM OF OWNER (g}.-8=S 0, GRABMSXI OCCUPANCYz SINGLE=PA KIJ& ,AGtNPS:,8. GRA9flW32(i:. ADkIITTBD Big: Id&okSS��T A4000PANT'LD BY: YfEY AVl S+AATiB' SVRl►. CO: TAX MAP NO.:z:; 148._-imI,,1 SOURCE OF R$QVBST: LARK POLIS_ &TWMYS DAzI'E; 65A,31§4 Toll OF COOSTRUCTION s WOOD FRANK, _ _- #- BTORTES: .3.:2 # EICIT&:, 3;. FOMATION. STOWE OACKI-la''M TOTAL ROOMS.t 1ST'FLR.z 2ND FLR:.::. 3RD FI.Al TQ BATNROC T(5} :: _1yQ TOILET ROOM(s} o UTILETY Po(*($) PORCH TYPE, PI2ONTCOYSIZ,per DECK TYPE i PATIO TYPE.. S12E$ZBWAXt Y=REPLACE. 2 * CARA6$ DMMSTIC HOTWAT$R z;�Y,S _ TYPE'HEATER> :faFL ATR"DIT50NT:9., TYPE HEAT: . :OTL NAM AIRt:. - HOTWATER;b X O"t'HSR.:r FIREPLACES: I. OPERAI'SONAL. & 1 CLOSED`:0" ACCESS,URy R UC UMS GARAGE, TYPE OF CONT.x 2,CAR WOOS FRAME'- MRAGETW.E EARN F,TRtfC"PUR S9PI71ING POOLr; GUEST, TYPS CONST.: OTHERS . _ , . V'IOIiATIONSz CHAPTER,4S N.`Y. STATS UN$FQFIRE F'R.KVEIORt� $ I CODE CODEsi _— EACATIOF# :! oESCRIPT101i 1... ART. ! :S62C sUR1 1� OF OP TY` 51TIkATE, MATTITIXK n � j W tom_ S: /ti6 �13. YlaKl �y i hnk. l I 5 1 4 x+4 DehdU , AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 2. Address of Applicant: 1 3. Name of Land Owner(if o er than Applicant): 4. Address of Land Owner: 5. Description fp posed ` 1 t 12 Pro' ' 6 Location of Property:(road and ax ma number) 7. Is the parcel within 500 feet of a farm operation? es {}No 8.. Is this parcel actively farmed? es {}No 9. Name and addresses of any owner s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. Y hZ14 Fv o 5 2 MA'1v* N . lion 2. CZ - . 2. yJ 11 D - 3. 42W1,49 MAW 4j- vrvwr 5. 6. (Please use the back of this page if there are additional property owners) tur, ' ant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions f r Completing f Part I -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor information Name of Action or Project: Shortialter Farm Project Location(describe,and attach a location map): .0.6 so ainrd,MattlW& NY 11952 _.._....... Brief Description of Proposed Action: The placement of three horse barns[(2)10`x 24`and( )24'x 30`] approximately 5ftQ feet from the Main Road and 25 feet frorri the western sate boundary:. ;See attached letter datW.6420.14 Name of Appiicant&Sponsor: Telephone: 53 734 2440 Ray Nemschiclt, RA E-Mail:: r nemschickns arch.com _...._...... Address: - 3,31905.1-Mal'n Rb d is Cit /PO: 9 7 9 777777-77M .9 State: Zip Code- Cutchogue NY 1:195. 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES !. administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NOXES If Yes,list agency(s)name and permit or approval: Building Dept.�� 3.a:Total acreage of the site of the proposed action? w`acres b.Total acreage to be physically disturbed? 0.50 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 24'13 acres �y. 4. Check all land uses that occur on,adjoining and near the proposed action. []Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial gResidential(suburban) ❑Forest Agriculture []Aquatic ❑Other(specify)u..................... ❑Parkland ....._..._...._...... .� Pagel of 4 ............................................................................ 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? D 7ff 1 0 b.Consistent with,the,adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? : 0M .......... 7. Is the site of the proposed action located'in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: .............................................................. .......................................... ..................................... a.Will the proposed action result in a substantial increase in traffic above pre sent levels? NO I YES X. b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ................................. .................... .......................... 0 ............ ..................... ........ 10. Will the proposed action connect to an existing public/private water supply? ..NO YES If No,describe method for providing potable water:,—.-..,-,-........................... ............. ......... .............................................-.................... . . .... 11.Will the proposed action connect to existing wastewater utilities? NO YES .... .. .......... If No,describe method for providing wastewater treatment: Not required .................... El .................................. 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? RX: 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain T N-d' F YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres.- ........................ ...................................... ......................... ................. ......................... 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: im 0 Shoreline El Forest LjAgricultural/grasslands EJ Early mid-successional El Wetland F-1 Urban 0 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES : 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? rX__'N0 [:]YES Ell ❑ 1 . b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? _1N0 BYES If Yes.brieflv describe: _J70-600,Trenth'...::.... ............... ............. ............... ............... ........................................................................ ............ Page 2 of 4 JUL 14 2014 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? ' If Yes,explain purpose and size: ..............._......_ _ .W.�.__ _ _..._ _._..___. ...... . .........-- �. 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe _ _ _...__....................._.._..._... _..._.. _ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: _ ... _ _........................._. .............._....77 _.....__. .............. I AFFIRM THAT THE INFOR 1 PROVIDED BOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor �.�.....�. .�'� Date ;::..._�_t!�T�� Signature-,,,;,_,. µ Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the,following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adoptedland use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? (� 3. Will the proposed action impair the character or quality of the existing community? (LJ 4. Will the proposed action have an impact on the environmental characteristics that caused the I'—► establishment of a Critical Environmental Area(CEA)? 5 Will the proposed action result in an adverse change in the existing level of traffic or (-� affect existing infrastructure for mass transit,biking or walkway? E__j _..:_.: _ _. 11. ............ 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable ener o ortunities? 7. Will the proposed action impact existing: a.public/private water supplies? Q b.public/private wastewater treatment utilities? El F 8. Will the proposed action impair the character or quality of important historic,archaeological, architept«ral or,aesthetic resources?. 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, El waterbodies,groundwater,air quality,flora and fauna)? U ............. Page 3 of 4 JUL 14 2014 s _. ___ No,or M oderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage �' ' problems? (� 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility,geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. QCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Southold-Board of Trustees _ Name of Lead Agency Date President ---- _._µ._ _. _..... -------- _._. ......__ ...... _ .... Print or Type Name of Responsible Officer in Lead Agency "Title of Responsible'Officer ....._ mn� _ _ .__ Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) C PRINT, Page 4 of 4 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) r residing at I �7 (Print property owner's name) (Mailin Address) do hereby authorize _..•. (A ent) O to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. tl er's Signature) (Print Owner's Name) . per AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The ournose of this form is to provide information which can alert the town of uossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: (Last name,first name,middle initial,unles you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this ay o` ,2014 Signature Print Name -•.m' JUS 14�o�4 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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. 2. 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 benefich&and adverse effects- o �e coastal area which incl :all'of"Southold':T`own 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus + h ari .' cr. .16eldtted&,&.det�iil lit berth i std tton suuRortine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#, JUL 14 2014 PROJECT NAME Shovualter.Farms The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board M Building Dept. 0 Board of Trustees LJ 1. Category of Town of Southold agency action(check appropriate'response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity, agency regulation,land transaction) (b), Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: The ptaetment of three horse barns[(2110' and(1)24'x 30'] ap]araMately Soo feet front the Main Road and 25 feet from the western sate boundary. See attached letter dated 6.2014 18625 Main Road,;Ma., ''W- NY 11952 Location of action: 2418 Site acreage: __ Agriculture/':Reisdentiai Present land use: AC/R40 Present zoning classification: 2. 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: Ray;Nemschick,RA 33105!Main Road Cutchogue NY (b) Mailing address: (c) Telephone number: Area Code O t?31 734 ©� (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes El. No ll If yes, which state or federal ageW C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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. YesNo Not Applicable preserving.open space and focal farmin g practices-See Attached letterda#ed 6 20:14 Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section III—Policies Pages 3 through 6 for evaluation criteria E Yes El No EJ Not Applicable i Nemschick Silverman Architects P.c. . . . the business of ARCHITECTURE." F L-� ° I Y A, View from Main Rd View from entry to farm 33105 Main Rd • Cutchogue, New York 11935 9 631.734.7007 telephone • 631.734.7347 facsimile www.ns-arch.com View West of farm property View North of farm property 33105 Main Rd • Cutchogue, New York 11935 • 631.734.7007 telephone • 631.734.7347 facsimile www.ns-arch.com J Nemschick Silverman Architects P.c. the business of ARCHITECTURE." F F. I 6 - V , View from Main Rd K 9rr" t. View from entry to farm 33105 Main Rd • Cutchogue, New York 11935 631.734.7007 telephone • 631.734.7347 facsimile www.ns-arch.com ' II Ms View West of farm property t , View North of farm property 33105 Main Rd • Cutchogue, New York 11935 • 631.734.7007 telephone 9 631.734.7347 facsimile www.ns-arch.com l + Project \ f ^x 3�y4.18acreReserve Parcel x = i• w _ iV _ A f _ — V � Y - at Jr 1 cow r r y Jnrt� I x. . V �-- il I .�Ia.92D 14 Google' - I ,4 21 1 Gto rt 2014 Europa Technologies�•' .�1, oo � Tour Guide A jj 1941', Imagery-Date 9/19/2013 40°59'58.31"11 72°30'S5.36'S''W elev 3o It eye all xiQ23 It KEN s A r , • - �I W A � 4 F t * x h a v. 3", - Rfs.* x t 4 t i a „8 ♦ �p .e y� �• � VTg '� .a��' �r1♦ rte.. � ate`'!f. �TE�R� �sy_ a='¢ r •� � V s � r w .. {a _ _ _ � a� r r• r ��' '. -mak '�4 .l: • y . t googol Mill 11 Wl Aim IF rt� � �a y . . n ,.: - w t1 f FML LED cat# ® HUBBELL DECORATIVE FLOOD Job Type Outdoor Lighting Approvals SPECA 17ONS PRODUCT 1MAGE(S) kdonded use: Installation: , Compact flood with wide beam NEMA 6 x 6 •Traditional Yz"x 14 NPS threaded adjustable distribution for lighting applications such as safety/ knuckle mounting security,facade,area,or signs;operating tempera- ture of-3TC to 40'C "r •Meets DesignLights Consortium(DLC) qualifications •Rugged die-cast aluminum housing with •Lighting Facts dark bronze finish •IP65,Listed to UL1598 for use in wet locations w •High impact UV stabilized acrylic outer lens protects LEDs and allows for deaning/debris wY removal For more information visit •dented housing isolates LED module from driver, dNJ/www.hubbebAcbor min/respuroes/vrarramv/ c us maximizing product life and performance •Visor and vandal shield available DIMENSIONS — LED T•14 high powered LEDs deliver 4285 lumens •5100K CCT,67 CRI tical •Wide flood NEMA 6 x 6 distribution for Q general purpose flood and facade lighting •120-277V operation,50/60Hz(PC version 120V only)53w,1050mA,81 LPW A B C W1 W •IP66 and RoHS compliant driver 6.68" 9.63" 4.53" 8.5 lbs. •0-10V dimming driver 169 mm 244 mm 115 mm 3.8 ka SHIPPING INFORMATION CERTIRC47/0 MIS77NGS thinific, ON length Width Height V tagntg I FIL 14(Single carton i pc.) 3.81 11.81" 9.45°caia ' 1IFNL,14(MWtercWW2pcs.)I7.61 1 19.69" 1240" 8.46" caft t ORDERING INFORMATION FML-14 1/2"thread 2805 Wide 53 1050mA 120-277V 5100K 4285 81 8.51(18) FML-14-PCI 1/2"thread 2805 Wide 53 1050mA 120V 5100K 4285 81 8.5 ACCESSORIES/REPLACEMENT PARTS-order separately FML-SPC Polycartionate lens(Replaces existing acrylic outer frame RAL-VIS011114(I( Top/Bottom visor(rap holes in lens frame for field installation SW7961AC Acrylic lens wl gasket 93047971 50w Driver1050mA 20739119264 Knuckle mount Dads Bronze finish.Contact factofy for additional finishes 1 Specity finish coW to match rrxbre,e.g.DB-fine. Top or Bottom Visor Mount Detail FRAME&LENS �. FML-SPC FML-VISOR—3/4 View Front View mu8s® Hubbell Outdoor Lighting•701 Millennium Boulevard•Greenville,SC 29607•Phone:864-678-1000 Outdoor Lighting rwwrau LL Due to our continued efforts to improve our products,product specifications are subject to change without nofice. Outd 0 2013 HUBBELL 01,700013 LIGHTING,AN Rights Reserved•For more information v1s1t our we&Ae:www.hubbellautdoar com •Prhded in USA M14-SPEC 2114 PERFORMANCEDATA LLWIN41REAMNSVT TEWSWWRE FACTOR(LATS 5K AMBIENT TEMPERATURE LUMEN MULTIPLIER (5100K iiommid,67 CRI) 01C I 321F 1.02 DRIVE FIELD 101C 501F 1.01 DISTRIBUTION4 OF CURRENT SYSTEM 201C 681F 1.00 LEDS I (MILLIAMPS WATTS TYPE NEMA H XV LUMENS LPW CANDLEPOWE 251C 771F 1.00 1_7T__j 1050mA 53W W 1 6 X 6 108 X 107 1—=I 81 1 26064!1 1 301C 86'F 1.00 Lumen vaiues are tram photometric tests performed In accordance with IESNA LM-79-08.Data Is considered to be representative of the configurations shown. 4010 1041F 0.99 Actual performance may differ as a result of end-user environment,application and inherent performance tolerances of the electrical components. 5010 1221E 1 0,98 Use these factors to determine rekUve lumen output for average ambient temperatures from 0.50°C(32.122'0. PROJECTED LUMEN MAINTENANCE ELECTRICAL DATA HOURSOPERAIING POWER AMBIENT TM-21-11 Calculated L70 4 Of LE US DRIVERS (n]Al (V� �Aj,ip�,) TENw, 0 25,000 50,000 60.000 100,000 (HOUIS) i4 1 1050mA 120 0.43 53 401C/1041E 0.99 0.91 0.85 0.84 0.76 >137,000 277 0.19 53 PHOTOMEWICS For additional photometric Information and IES downloads,visit our web site at www.hubbelloutdoor.com W W ,e• 4� 3a' ,tr 15' LIGHTING FACTS fighting facts ►ww amour et •) 4234 w•w• 52.5 tmwme P•r 1r/tNt feHMerryyrl 80 c.1«As•m«y ...yM....,ca,. 89 I ..w�.,:nru�nv'.;..cnm k-•hr:.,w:.R..,..,..r..lw..:t.. ®® Hubbell Outdoor Lighting•701 Millennium Boulevard•Greenville,SC 29607•Phone:864-678-1000 „ ... M Outdoor LL Due to our continued efforts to improve our products,product Outdoor Lighting P P< P specifications are subject to change without notice. 0 2013 HUBBELL OUTDOOR LIGHTING,NI Rights Reserved•For more information visit our website:www.hubbWMutdoor com •Printed in USA FIL14-SPEC 2114 r H 15316 B Job Name: Warehouse Shade Type: -- z Collection Quantity: HI-LTTE MFG. CO., INC 13450 Monte Vista Avenue Chino, California 91710 Telephone:(909)465-1999 Toll Free:(800)465-0211 Fax:(909)465-0907 web:www.hilitemfg.com e-mail:sales@hilitemfg.com --- ' 15" 6 1/4" 16" 18" FINISH-Multi-stage pretreatment procedure using REFLECTOR-Heavy duty,spun shade, materials of polyester/polished powder coat, baking aluminum 6061-0 and/or 1100-0,galvanized 22 gauge, enamel liquid, raw metals,and galvanized finishes. steel 20/22 gauge,copper 032/040 and brass 032/040 Standard Finishes are:91(Black), 93(White), construction. Dependant on finish. 95(Dark Green),96(Galvanized), BR47(Powder Coat Rust), BK01(Black Texture), SOCKETS/LAMPS -Available in: GN20(Powder Coat Patina). Incandescent Upgraded Finishes are:29, 66, 82, 90, 92, 94, 97, -rated 200 watt max/120 volt, medium base. 99, 100, 103, 104, 105, 110, 112, 113, 114, 115, Compact Fluorescent(CFL) 117, 118, 119, 120, 127, 128, 129, 133, 134, -rated 13/18/26/32/42/57 watt max/120/277 135, 136, 138, 139, 140,01, 11,22, 25, 33,77, volt, GX24Q base. 89• Metal Halide(MH) (Custom finishes available). -rated 35/50/70/100/150/175 watt max/120/208/240/277 volt, For interior finish of fixture refer to color chart on medium base,4KV socket. pages 344-348. High Pressure Sodium(HPS) -rated 50/70/100/150 watt max/120/277 volt, MOUNTING - Wall Mount. medium base. Light-Emitted Diode(LED) ACCESSORIES-CGU(Cast Guard and Glass), -rated 20w or 30w LED. See LED specifications LCGU(Large Cast Guard and Glass),WGU(Wire for complete part number. Guard and Glass), LWGU(Large Wire Guard and Glass),ARN(Acom Globe), LARN(Large Acorn Globe) and WGR(Wire Guard)available. C UL DS MADE IN THE U.S.A. Suitable for wet location. LISTED Nemschick Silverman Architects P.c. . . . the business of ARCHITECTURE." e E .4 View from Main Rd IN Ir- View from entry to farm 33105 Main Rd • Cutchogue, New York 11935 • 631.734.7007 telephone • 631.734.7347 facsimile www.ns-arch.com I View West of farm property y ftAgO View North of farm property 33105 Main Rd • Cutchogue, New York 11935 9 631.734.7007 telephone • 631.734.7347 facsimile www.ns-arch.com APPLICANT/AGENUREPRESENTATI VE TRANSACTIONAL DISCLOSURE FORM The Town of Southol 's Code of Ethics vrohibi conliicts of intereston the earl o f town officers and emolovces,The purpo�of this fq i_!s to pr Ovide information which can alert the town of n)ssibk conflicts of tnterrst and allow it to_i.lee whatever acct tis rry to avoid same. YOUR NAME: (Last name,Inst name,-o le initial,unless you are applying in the frame of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Varia= — -- Trustee — Change of Zone Coastal Erosion — Approval of plat Mooring Exemption from plat or official map _ Planning _ .-- Other (if"Other',name the activity.) Do you personally(or through your company,spouse.sibling,parent,or child)have a relationship with any officer or employee of the'1'own of Southold? "Relationship"includes by blood,marriage,or business ihtetest."Business interest"means a business, including a partnership,in which the town officer ar etuployee luas even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5°%of the shares. YES _ NO __--X — if you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater titan 5'f of the shares of the corporate stock of the applicant (when the applicant is a corporation); —.—B)the Iegal or bentrcW owner of any interest in.a non-corporate entity(when the applicant is not a corporation); C)an officer,aiirector,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day ofJOQ?- 20G Signature ! I Form TS 1 Sout�"iold Planning Department St lReport Site Plan Application Work Session — Completeness Date August 4, 2014 Prepared By: Brian Cummings I. Application Information Project Title: Showalter Farm Applicant: Date of Submission: June 20, 2014 Tax Map Number: 108.-4-1.4 Project Location: 18625 NYS Rt. 25 Hamlet: Mattituck Zoning District: A-C / R-40 II. Description of Project Type of Site Plan: Agricultural Acreage of Project Site: 24.18 acres (4.18 R-40/AC development rights in tact; 20 acres development rights sold A-C) Building Size 1200sf total III: Analysis 1. Proposed: a. One (1) 24' x 30' (720sf) 3-stall Portable Horse Barn b. Two (2) 10'x 24' (240sf) 2-stall Portable Horse Barns c. Outdoor training area/permeable sand surface d. Permeable dustless paving and un-obstructed 15' wide access road to the three (3) barns 2. Pursuant to the Notice of Disapproval issued June 20, 2014, Special Exception is required pursuant to §280-13 B (12) "Stables and riding academies." Staff: ZBA hearing set for Thursday, August 7, 2014 3. SEQRA: this is a Type II action under SEAR because it is an agricultural site plan 4. Parking: a. Storage barns : 1 stall per 1000sf i. 1200/1000 = 1.2 or 2 required ii. Four (4) provided b. One stall per employees i. 4 employees = 4 stalls c. Eight (8) stalls provided 1 5. Drainage: a. Four (4) 24" deep x 18" wide gravel infiltration trench's proposed along the sides of the three (3) barns 6. Lighting: a. Two (2) shielded Par flood lights b. One (1) fully shielded fixture c. *All proposed exterior lights to be motion activated* 7. Bulk Schedule Code Requirements for A-C zoning district: a. 25' side yard setback provided to the west (20' Code minimum) b. Lot coverage: i. 20% maximum ii. 0.36% existing iii. 0.48% proposed IV. Referral comments: 1. Public hearing tonight 2. Town Engineer 1. Existing site conditions indicate an existing dirt driveway that is considered too narrow for two-way traffic. The site plan has indicated new parking and two-way traffic at the entrance from State Route 25. A State DOT Curb Cut Permit should be required. Staff: This item needs to be clarified by the Applicant. The existing curb cut is narrower than the curb cut shown on the proposed site plan. If just people boarding their horses on site are coming for lessons then the widening of the curb cut may not be necessary; whereas the introduction of the public in addition to the owners boarding their horses would warrant the widening of the curb cut. Please clarify the specifics of the proposed operations on site. 2. Stormwater calculations have been provided for the proposed barn roof surfaces and the drainage design for these buildings meet the minimum requirements of Chapter 236 for stormwater management. 3. Additional drainage calculations will be required for the new driveway/road access and parking area. There is approximately six (6') feet of pitch from the existing barn down to State Route 25. All stormwater generated by the access driveway and parking area must be contained on site. 2 4. The driveway running along the proposed outdoor training area has been indicated as a fifteen (15) foot wide, "permeable dustless paving." How will this driveway be constructed? Construction details and drawing sections will be required to show how this pavement will meet the minimum requirements for Permeable Pavement. 5. Erosion & Sediment controls will be required throughout the duration of this Construction Project. This item should be shown & noted on the site plan. 3. LWRP 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. 4. Architectural Review Committee (ARC) At their July 24, 2014 meeting, the Committee reviewed the proposed project and approves of it as submitted. 5. Mattituck Fire District The Board of Fire Commissioners reviewed the proposed site plan and recommends that all drives and entry ways meet Southold Town Code (280- 109c) 6. Fire Marshall There is adequate fire protection for the site, no comments or concerns with the proposed site plan. V: Staff Recommendations 1. If the applicant can provide answers that satisfy the Board at this work session regarding the concerns of the Office of the Town Engineer, then all site plan requirements listed in §280-133 of the Town Code have been met and it is recommended that the above referenced site plan application be scheduled for determination by the Planning Board. 2. Consider a potential determination tonight, if no issues are raised by the public at the hearing. 3. If the public does raise issues, it is recommended to wait to make a determination until such time as those issues can be fully examined and resolved as necessary. 3 4. If a determination is made tonight, it must include conditions that Special Exception must be obtained from the ZBA and a Use Certification from the Chief Building Inspector. 4 0 • Southold Planning Department Staff Report Site Plan Application Work Session — Completeness Date July 7, 2014 Prepared By: Brian Cummings I. Application Information Project Title: Showalter Farm Applicant: Date of Submission: June 20, 2014 Tax Map Number: 108.-4-1.4 Project Location: 18625 NYS Rt. 25 Hamlet: Mattituck Zoning District: A-C / R-40 II. Description of Project Type of Site Plan: Agricultural Acreage of Project Site: 24.18 acres (4.18 R-40/AC development rights in tact; 20 acres development rights sold A-C) Building Size 1200sf total III: Completeness Review See attached checklist for Site Plan Requirements. IV: Analysis 1. Proposed: a. One (1) 24' x 30' (720sf) 3-stall Portable Horse Barn b. Two (2) 10'x 24' (240sf) 2-stall Portable Horse Barns c. Outdoor training area/permeable sand surface d. Permeable dustless paving and un-obstructed 15' wide access road to the three (3) barns 2. Pursuant to the Notice of Disapproval issued June 20, 2014, Special Exception is required pursuant to §280-13 B (12) "Stables and riding academies." a. Land Preservation Committee approval is not required for the three (3) proposed portable horse barns; the riding arena is proposed to be located on the reserve area where development rights are intact. 3. SEQRA: this is a Type II action under SEQR because it is an agricultural site plan 4. Parking: 1 • • a. Storage barns : 1 stall per 1000sf i. 1200/1000 = 1.2 or 2 required ii. Four (4) provided b. One stall per employees i. 4 employees = 4 stalls c. Eight (8) stalls provided 5. Drainage: a. Four (4) 24" deep x 18" wide gravel infiltration trench's proposed along the sides of the three (3) barns 6. Lighting: a. Two (2) shielded Par flood lights b. One (1) fully shielded fixture c. *All proposed exterior lights to be motion activated* 7. Bulk Schedule Code Requirements for A-C zoning district: a. 25' side yard setback provided to the west (20' Code minimum) b. Lot coverage: i. 20% maximum ii. 0.36% existing iii. 0.48% proposed 8. Brief History: a. This site was issued a stop work order due to the construction of the portable horse barns without a building permit. b. Advertisement of summer training camps, horse boarding and training was promulgated and then submitted to the Planning Department; these uses are not compliant until site plan approval has been obtained. V: Staff Recommendations 1. Accept the application as complete and begin referral process to relevant/interested agencies. 2. Set the public hearing at tonight's, July 7th public meeting for August 4, 2014. 2 �► �� bc, SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION FORM Site Plan Name and Location Site Plan Name: LSO q&aS FV M Application Date: Suffolk County Tax Map#1000-1-0-b—-4-A Other SCTM#s Street Address: l" "Wi Hamlet: Amt a-- Distance to nearest intersection: MET YYt!�C 41! jukS (Ak.kn_ Type of Site Plan: New Amended Residential Zoning District Z'7 _ Owners/Agent Contact Information Please list name, mailing address, and hone number or the people belely Property Owner 5��/ TNt 5 L1r.�' T JUN 2 0 2014 Street �y � �(��/� City /W►�u-�V State (� Zip-11-1-J i Home Telephone `��v� Other Applicant Street City State Zip Home Telephone Other Applicant's Agent or Represent tr�ivett Contact Person(s)* Street City �,ltt- ��C State_ Zip Office Telephone Other� l��► *Unless otherwise requested, correspondence will be sent only to the contact perso nn o ed here. Site Plan Application Form 211812010 Site Data Proposed construction type: _New Modification of Existing Structure Agricultural �( pp�� Change of use Property total acreage or square footage: `+ 1Cj ac/sq. ft.— 1 i Site Plan build-out acreage or square footage: ac./�s' ft� Is there an existing or proposed Sale of Development Rights on the property? Yes No If yes, explain: . 0,o ( tt, tqF, Does the parcel(s) meet the Lot Recognition standard in Town Code§280-9 Lot Recognition? Y)(N_ If"yes", plain( nd attach any necessary documentation-title report, subdivision approval, etc.) W2 i�MOW Building Department Notice of Disapproval Date: la Is an application to the Southold Town Zoning Board of Appeals required? Yes No X. If yes, have you submitted an application to the ZBA? Yes No If yes, attach a copy of the application packet. Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. List all existing property uses: ��O List all proposed property uses:jb&/F::- � Other accessory uses: Existing lot coverage: 6.42(0 % Proposed lot coverage: % Gross floor area of existing structure(s):4� & sq. ft. Gross floor area of proposed structure(s): (� Parking Space Data: #of existing spaces: 4j #of proposed spaces: J.Q Loading Berth: Yes No Landscaping Details: Existing landscape coverage: �% Proposed landscape coverage:A-% Wetlands: Is this property within 500' of a wetland area? Yes No YMaybe I, the undersigned, certify that all t above information is true. Signature of Preparer: i Date:�l i 2 Site Plan Application Form 2/18/2010 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: June 20, 2014 TO: Ray Nemschick (Showalter) 160 Main Street, Suite 200 Sayville, NY 11782 Please take notice that your application dated June 3, 2014 For permit for a horse barn, storage barns, and riding arena(including an as built structure) at Location of property: 18625 Route 25, Mattituck NY County Tax Map No. 1000 - Section 108 Block 4 Lots 1.4 Is returned herewith and disapproved on the following grounds: The use is subject to site plan approval from the Southold Town Planning Board and Special Exception approval from the Southold Town Zoning Board of Appeals pursuant to Article III 280-13 B (12). You may now apply to these agencies directly. (0 Authorized Signa Cc: File, ZBA, Planning Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. AUTHORIZATION (where the applicant is not the owner) ` 1 i residing at (print owner of property) (mailing address) - ----do hereby authorize R4 (G(� i ► (Agent) to apply for permit(s)from the Southold Board of tees on my behalf. ee rgnature) t ' PINDAR VINEYARDS LLC a New York limited liability company GRANTOR, TO SHOWALTER FARMS LLC a New York limited liability company GRANTEE BARGAIN AND SALE DEED WITHOUT COVENANTS AGAINST GRANTOR'S ACTS District: 1000 Section: 108.00 Block: 04.00 Lots: 001.003 and 001.004 County: Suffolk Town: Southold Return by Mail to: Peter McGreevy,Esq. McGreevy &Henle, LLP 131 Union Avenue Riverhead,New York 11901 LX F/D928467v 1/M063710/C0049930 THIS INDENTURE, made the day of December, 2013 between Pindar Vineyards LLC, a New York limited liability company, having an address at 591-A Bicycle Path, Port Jefferson Station,New York 11776 ("Grantor"), and Showalter Farms LLC, a New York limited liability company having an address at 1015 Orchard Lane, Southold,New York 11971 ("Grantee"). WITNESSETH: That the Grantor, in.consideration of Ten ($10.00) Dollars paid by the Grantee, does hereby grant and release unto the Grantee, the heirs or successors and assigns of the Grantee forever ALL -that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York and being more particularly bounded and described on.Schedule A annexed hereto and made a part hereof. TOGETHER with all right, title and interest, if any, of the Grantor of, in and to any streets and roads abutting the premises to the center line thereof, Being and intended to be the same premises as described in deed made by Agnes B. Graboski, recorded 09-09-99, Liber 11988 page 152. TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises, TO HAVE AND TO HOLD, the premises herein granted unto the Grantor, the heirs or successors and assigns of the Grantee forever. AND the Grantor, in compliance with Section 13 of the Lien Law, covenants that the Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The words"Grantor and Grantee"shall be construed as if they read"Grantors and Grantees"whenever the sense of this indenture so requires. LXF/D928467v1/M063710/C0049930 2 IN WITNESS WHEREOF,the Grantor has duly executed this deed the day and year first above written. In presence of: PINDAR VINEYARDS LLC a New York limited liability company By: Name: erodotus Damianos Title: Managing Member STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) On the 5h day of December in the year 2013, before me, the undersigned, personally appeared HERODOTUS DAMIANOS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. L1 ' ary Public 11b13F.RTV.C;Ulro Now Pttbtie.State of Now yoek NM 4812187 M?uA1N#9d in Suffolk County salon E , Expires!�� of �� LXF/D928467v1/M063710/C0049930 3 SCHEDULE A All that certain plot,piece or parcel of land,situate, lying and being at Mattituck,Town of Southold,County of Suffolk and State of New York, bounded and described as follows: PARCEL 1 BEGINNING at a point which is the southwesterly corner of the premises about to be described,which said point is distant the following two(2)courses and distances from a monument on the northerly side of Main Road(State Route 25)distant 1,190+ feet westerly from the corner formed by the intersection of the easterly side of Elijah's Lane with the northerly side ofMain Road (State Route 25): Course 1. Running along the northerly side of Main Road, South 76 degrees 45 minutes 37 seconds West 244.00 feet, Course 2. Thence North 34 degrees 24 minutes 53 seconds West 298.33 feet to said point of BEGINNING. RUNNING THENCE from said point of beginning along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two(2)courses and distances: 1. North 34 degrees 24 minutes 53 seconds West 26.67 feet; 2. North 36 degrees 09 minutes 45 seconds West 2672.93 feet to land now or formerly of Long Island Railroad; RUNNING THENCE along said land now or formerly of Long Island Railroad,North 46 degrees 14 minutes 2I seconds East 336.89 feet to land as shown on the Map of Elijah's Lane Estates, Section 3 filed 10/8/96 as Map Number 9913; RUNNING THENCE along said land on said map and along land on the Map of Elijah's Lane Estates, Section 2, filed 10/8/96 as Map Number 9912 the following eight (8) courses and distances: I. South 40 degrees 09 minutes 50 seconds East 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East 423.50 feet; 3. South 34 degrees 42 minutes 50 seconds East 492.40 feet; 4. South 38 degrees 31 minutes 50 seconds East 643.60 feet; 5. South 37 degrees 02 minutes 50 seconds East 566.37 feet; 6. South 37 degrees 36 minutes 50 seconds East 297.63 feet; 7. South 36 degrees 32 minutes 50 seconds East 162.95 feet; 8. South 38 degrees 30 minutes 50 seconds East 101.20 feet to land of New York State (Recharge Area); RUNNING THENCE along land of New York State South 5 t degrees 30 minutes 17 seconds West 170.98 feet to a monument; RUNNING THENCE westerly through land of Agnes B. Graboski, which line is also the northerly side of Parcel U,South 76 degrees 45 minutes 37 seconds West 230.30 feet to the point or place of beginning. SUBJECT TO an Agricultural exemption assessment pursuant to Article 25-AA of the Agriculture and Markets Law. and PARCEL II ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being at Mattituck,in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the northerly side of Main Road where the same is intersected by the South West comer of land of New York State(Recharge Area)and the South East corner of the premises about to be described herein;said point being also distant'1190 feet more or'less westerly as measured along the northerly side of Main Road from the corner formed by the intersection of the easterly side of Elijah's Lane with the northerly side of Main Road; RUNNING THENCE from said point or place of beginning along the northerly side of Main Road,South 76 degrees 45 minutes 37 seconds West 244.00 feet to land now or formerly of Edward F. Rutkoski; RUNNING THENCE along said land now or formerly of Edward F.Rutkoski and along land now of Henry Rutkoski and Helen Rutkoski North 34 degrees 24 minutes 53 seconds West 298.33 fes; RUNNING THENCE easterly through land now or formerly of Agnes B.Graboski North 76 degrees 45 minutes 37 seconds East 230.30 feet to a monument set on the Northwest corner of land of New York State(Recharge Area); RUNNING THENCE along said land of New York State(Recharge Area)South 36 degrees 49 minutes 33 seconds East 303.55 feet to the point or place of beginning. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: June 20, 2014 TO: Ray Nemschick (Showalter) 160 Main Street, Suite 200 Sayville, NY 11782 Please take notice that your application dated June 3, 2014 For permit for a horse barn, storage barns, and ridingarena rena(including an as built structure 2at Location of property: 18625 Route 25, Mattituck, NY County Tax Map No. 1000- Section 108 Block 4 Lots 1.4 Is returned herewith and disapproved on the following grounds: The use is subject to site plan approval from the Southold Town Planning Board and Special Exception approval from the Southold Town Zoning Board of Appeals, pursuant to Article III, 280-13 B. (12). You may now apply to these agencies directly. i JUN 2 0 2014 - ------------ --- -- ------------ orized"I"!Sign Cc: File, ZBA, Planning Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. FOR INTERNAL USE urv�Y L! U uu� 9. 20>>4 PLAN USE DETERMIN tii.r c onatio • ' Date Sent:______ Date: Project Name: ct Address: I g 6_ Probe strict: - _ Zoning Dik( 0lot_ — . Count Tax{flap No.:1"0Q Suffolk Y - . Request` S.. DI If nese S Vuf V76W �—_ (Note: Copy of B- 11 Pe mit Application and supporting documentation a�to proposed use or uses should be submitted.) Initial Determination as to whether use is Permitted• - Initial-Determination as to whether site plan is required:_ _ Signature of Building Inspec or Planning Department(P.D.) Referral: eceived: f_J Date d en F { P.D. Date R Com ents• V jou( LW1111S, CSC Signa#ure of ' arming Dept.-Sta viewer Final Determination Date:. Decision. R e„t„ati irP of Rriildino InsnPctnr TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined 920 Contact: Approved ,20 ^ Mail to: Disapproved a/c APPROVAL $$„ _. Phone: Expiration ,20 Building Inspector 2014 PLICATION FOR BUILDING PERMIT Date June 2 , 2014 qop,!?J o1 sOuiT600 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,hour' code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. lyjq4--� (Signature of applicant or name,if a corporation) 33105 Main Road Cutchogue, NY 11935 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder architect Name of owner of premises Chris and Joanne Showalter (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 18625 Main Road (Route 25) Mattituck, NY 11952 House Number Street Hamlet County Tax Map No. 1000 Section 108 Block 4 Lot 1.4 Subdivision Filed Map No. Lot (Name) d 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy undeveloped land b. Intended use and occupancy horse stables P0 4-b 3. Nature of work(check which applicable):New Building ✓ Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost $5000 Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front NA Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front NA Rear Depth Height Number of Stories 60'/36' 60'/36' 220'/200' 8. Dimensions of entire new construction: Front 307 247 24' Rear 30'/247 24' Depth 24'/ 10'/10' Height 22722713712'/ 12' Number of Stories 1 9. Size of lot: Front 375.31' Rear 336.89 Depth 2495' 10. Date of Purchase Name of Former Owner Pindar LA6 11. Zone or use district in which premises are situated R-40 Residential 12.Does proposed construction violate any zoning law, ordinance or regulation?YES NO ✓ 13. Will lot be re-graded?YES NO ✓ Will excess fill be removed from premises?YES NO ✓ Chris&Joanne 1015 Orchard Ln 14.Names of Owner of premises Showalter Address Southold. NY 11971 Phone No. Name of Architect Ray NemSchick Address 33105 Main Road Phone No 631-734-7007 Name of Contractor Address Cutchogue, NY 11935 Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO ✓ * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C.PERMITS MAY BE REQUIRED. b.Is this property within 300 feet of a tidal wetland? * YES NO * IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF 5tli' tt,�) Stl�'7 �42 &6 .1-L being duly sworn,deposes and says that(s)he is the applicant ame of individual signing contract)above named, (S)He is the Aqw— (Contractor, Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swo before me this day of 201q otary Pu /-Signature of Applicant LAWRENCE E.SILVERMAN Notary Public,State of New Yak eg.No.01 S14977025 Cualified in Suffolk County Commission Expires Januiuy 0.06 Map Of "E11Iah's Lane Estates, Sect. 3" c Filed 10-OS-ab as File # qq 13 Ma of "Eli ah's Lane E5 11 ° Map 10-08-Qb as Rale #�cggl2t� 2 ,A5' AA J in r- — N r Ln X4 .64 0°0cf'50"E J _..1 Z 536°31 '30"E 423.30' 53404-215011EWIRE J 4�f2.40' ON ;P/' 538°31 '30"E 643.6 S -7°02'3 66.37' . UTILITY 1538"Jo5n WIRE FE. X 2''"' ".W x 7' VAST X X — Xic2.95' 101.2a X X Inr—- , Land of Inn New York State r INDOOR RIDING AREA (Recharge Area) x GLEA . y, Development '1 HORSE BARN 20 STALLS sips 9904938t 1323-41.5i 5' 20. 662-0 , Rights Sold , `t' ---- - ° 8o601-011 �°s ZOO Acres � $ �� 200=o" O= 220'-O" R-40 PARCEL/ ADDITIONAL PARKING 8S If Aw rti� OUTDOOI? TRAI � ® Wall 246 0.44' OUTDOOR RIDING AREA ,° ••'"• 2 i 2.49' N36°O�f'43"W 2672.cf3' Reserve Area N84'24W-W s o0 Development Wghts Intact 4.18 Acre5 6�j NEW ACCESSORY 5TR 4,11 RES Land now or formerly of. Henry Rutkoski 4 Helen Rutkoski FLED UNDER R-40 ZONE a PARCEL INFORMA TION +V,h&7ER FA?M5 LLC SECTION: 106 16625 MAIN ROAD(ROUTE 25) BLOCK: 4 MATTITUGK, NY 11452 LOT 1.4 20 ACRE5 " 3 STALL 24'-0" PR71 BARN INCA AREA 4 OU � 7 AN V24'-0 20'-O" 24'-0" 26--Q,-- SCALE _ l" _ /00' 2 STALL h P RTA&E BARNS � 1-- Lu AV AR �r/ AL _51 AN 2 SCALE _ l" = 40'--O" SEAL: REVISI NS/SUBMISSIONS: DRAWING TITLE: BRED AqC D DESCRIPTION: W NE�iscy�� JTM R-AA (P� 02=3086 P� CAD FILE NAME: O OF N Edi P.15-1777\20- Desi n\10- 120513 PP 4 PROJECT TITLE: DATE: NSA PROJECT : Nemschick Silverman Architects P.C. J?1OWALTi=RrARM 06/02114 15-1777 •...tabu* .d r _ --— - - MAIAROAD SCALE: DRAWING NO.: MA►T IMICK/1Y ,0,/'/yOTCD 430 Green Way, Cutchogue, New York 11935 _....._.... --._-.- ---.--....__._. -.- ---.-.-.-. ._-- --.-._._ ._ __...._.._._- .--.-____-. --._-._._ _K- 1`7.4--.__-- --- .-.--.__-. — -..-____-- -. _-- _ _.___ — ---.....__-. ..- -------.-._..__........ DISTRICT SECTION BLOCK LOT DRAWN BY: Phone : 631-734-7007 Fax : 631-734-7347 . PLAN NORTH7l l,/L� 7r 1a # a COPYRIGHT 2013 NEMSCFICK SLVERMAN ARCHITECTS P.C. 7r C Map of "Eli ah's Lane Estates, Sect. 3" Filed 10-08-qb as File # gg13 Map of "Eli ah's Lane Estates, ° Filed 10-08-qb asFile, # ga12t. 2 445' O J N AA X40°Og'50"E ° �' 9 ' �' p J -9 x s 3 .01: ��-O.�a - - - - - - -- '� I 'S0"E 423.50' 534° � �� 1NIRE fid 42 50 E 482.40' 01 P&�. SE °31 '50"E 6 43.6 ' S °02'5 '� 1,5663T ELEG. UTILITY 1NIRE FE. —X—X— 2r,.c3� G7.3C Z- 12) VEST --X—X— '71 — — Xic2.ss loi.2a X X f New York State INDOOR RIDING AREA Necharge Area) m .x ----- � GLEA I \0 662-0 ALL RIVe p ghts d i �� m rH/0/R5C-'5ARN 20 STALLS 536-49'33!3 . 5- I'D 20.-00 Acres I 200-O O- 220-O , R-40 PARCEL/ 4 STOR,tiGE / I — — — — — —1 ADDITIONAL PARKIN& e ® Well 2460.44' OUTDOOR TRAINING AREA r006 N _ _-------__ /--------------_-- --� OUTDOORRIDIN& AREA O GN+1'' —Z .. 212.4V 36°08'45"W 2672.85' Reserve Arca N34'24'53w 3 .00 • Development R&jhts Intact 4. 18 Acnes NEW AGGE550RY 5TRUGTURES Land now or formerly of: Henry i?utko5kl 4 Helen Rutkoski FILED UNDER R-40 ZONE a PARCEL INFORMATION 5 VkOLTER FARN5 LLC SECTION: 106 18625 MAIN ROAD(Ra'ITE 25) BLOCK: 4 HATF1 NCK, Nr 11852 LOT 1.4 20 ACRE5 24'-0" 3 SrAU " PORTABL.E BAA I NO AREA 4 OU 241-011 26L,111 (D4 SCALE = P' _ l00' 0 4 Z STALL N A-WTQXEa4M6 V! PSR 5r1AL -51 AN 2 56ALE_ l" = 40'--O" SEAL: REVISIONS/SUBMISSIONS: DRAWING TITLE: DATE: DESCRIPTION. ��PED AAcy� J ITE PLA/'1 � o W. Mscyi��n S� 29086 JpQ CAD FILE NAME: OF NES P:13-1777\20- Desi n\10- \120513_1?124 PROJECT TITLE: DATE: NSA PROJECT : Nemschick Silverman Architects P.C. ,/rowaLTrA rARri 06/02/14 13-1777 •...the bi 1mw of ARC EarntA .' -� —-- -"- M SCALE: DRAWING NO.: --- � MAT'll'TUC,t�/'d 430 Green Way, Cufichogue, New York 11935 _ ... --- ---. __-- -------- — _ ----- ---- - - — ---- -- ._..._... _ ------._..._._........_ �!nOTI`D ./0% Phone : 631-734-7007 Fax : 631-734-7347 DISTRICT: SECTION: BLOCK: LOT: DRAWN BY: yl? ..m h ttp://wvvw.n s-a rcF�.co m PLAN NORTHe COPYRIGHT 2013 rEMSCFICK SLV92MAN ARCHITECTS P.C. # 7r�1 7l�t # jib D FOR INTERNAL USE ON* I JUN 19 2014 E PLAN USE DETERMINATION BLDG. DEPT. TO'VP, "F; UTHOLD n► � f �� Date Sent:______ Date: 6 Project Name: projectAddress:Address: - - - 00� © _ _ Zoning District Suffolk y Count Tax Map No-J0 -- Re west' N IV -� lut � - ''- (kation and supporting documentation'a$to (Note: Copy of Buildirtg Permit App -proposed use or uses should be submitted.) Initial Determination as to whether use is permitted: - - �� Initial Dete.rminativn as to whether site plan is required:_ , Signature of Building Inspee or Planning Department(P.D.) Referral: P.D.]Date Received: -Date Com ent v jou( "_q ` t Sta viewer Signature of tinning Dep . Final DeterrttinaOn Date: f= Decision: eimnat,irP Inf Rttiiidina In;nPctor 0 0 *rjf S Town Hall Annex Telephone(631)765-1802 54375 Main Road CA Fax(631)765-9502 P.O.Box 1179 Southold,NY 11971-0959 "Ouff N' BUILDING DEPARTMENT TOWN OF SOUTHOLD STOP WORK ORDER TO: Showalter Farms LLC 1015 Orchard Lane Southold, New York 11971 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 18625 Route 25, Mattituck TAX MAP NUMBER— 1000-108.4-1.4 Pursuant to Section 144-8A.0) & 144-13A(3) of the Code of the Town of Southold, New York, you are hereby notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: Construction without Planning Board Approval and a Building Permit CONDITIONS UNDER WHICH WORK MAY BE RESUMED: When a Building Permit has been issued DATE: June 5, 2014 Peter Doherty Code Enforcement (cert. mail) a% i ',J� '01, Y', 4 411 I N pAY Yo rtis> Towns Southold. ' "*50.00 ORDER OF ,.. Fifty and 001100 Ot LABS r Town of Southold. D MEMO 18625 Main Road 115004 2 790 1:0210000211: 84 ? SO i 584 16 Slim Building Inspector JUN PLICATION FOR BUILDING PERMIT Date June 2 . 2014 INSTRUCTIONS 10,v," f) SvJTHU a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housi code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. 1 (Signature of applicant or name,if a corporation) 33105 Main Road Cutchogue, NY 11935 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder architect Name of owner of premises Chris and Joanne Showalter (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 18625 Main Road (Route 25) Mattituck, NY 11952 House Number Street Hamlet County Tax Map No. 1000 Section 108 Block 4 Lot 1.4 Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy_undeveloped land b. Intended use and occupancy horse stables 3. Nature of work(check which applicable):New Building ✓ Addition Repair Alteration - Demolition Removal Demolition Other Work 4. Estimated Cost $5000Fee (Description) 5. If dwelling, number of dwellingunits (To be paid on filing this application) Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front NA Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front NA Rear Depth Height Number of Stories 60'/36' 60'/36' 220'/200' 8. Dimensions of entire new construction: Front 307 247 24' Rear 307 247 24' Depth 247 10'/101 Height 227227137 127 12' Number of Stories 1 9. Size of lot: Front 375.31' Rear 336.89` Depth 2495' 10. Date of Purchase Name of Former Owner Pindar 11. Zone or use district in which premises are situated R-40 Residential 46 12. Does proposed construction violate any zoning law, ordinance or regulation?YES NO. ✓ 13. Will lot be re-graded?YES NO ✓ Will excess fill be removed from premises?YES NO ✓ Chris&Joanne 1015 Orchard Ln 14.Names of Owner of premises Showalter Address Southold, NY 11971 Phone No. Name of Architect_Ray Nems .hick Address 33105 Main Road Phone No 631-734-7007 Name of Contractor Address Cutchogue, NY 11935 phone No. ------------ 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO ✓ * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAYBE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OFt[LL) being duly sworn,deposes and says that(s)he is the applicant (Name-of individual signing contract)above named, (S)He is the_--,Agw (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Swo before me this day of 20 �y otary 1'u Signature of Applicant LAWRENCE L a1LVERMAIJ hlotary Public,State of New Yodc Reg.No.01 S14977025 Cd p Suffolk County CO�rmisi1on sion +'os�ypy 2.245 1 f E" A w4I o�rt e t al. So €. f at to As hlley Holzer: Imroving Your Horse's Balance in the i r Flying Change,, q . ,a �1 r� � 1 � t i t E " M tier's Day Feature: A4iaAni Horse Show Moms! " f t aEASTPORT 140 East Moriches Blvd. P.O. Box 127 C' p ar - Eastport, •4 TM rr i AML Hunters Creek East Ri 'ing Club �wN.n Trainers. Sal Gandolfo Jr. and.Danielle Gandoyo We are excited to announce our relocation to a new26 acre .. equestrian facility in fVlattituck, N.Y. 'Dur new facility will feature two state of the art.outdoor. rings, an inatoorrarg a, but terw,+derbym r f;fefd,,b► y . ._. ".,bridle path around p ropert , . a round pen, arge gdd, ock;, and newl�rnfsh+ dstalls. 11ea�roufd like to x tha ik"i ft ristx ph an panne Sfro + lter dor mrakrng thrs new venture ossit fe c► us an� r OW cik W-drhd =5 . � xc . ` r * 6 uces� cluture�vtunewa►c�lt . itewuld a�fsok�e g u man' haniofour Ecfiets fvr thieircotinu+ed sctpp }, VIM 77, AE st W �offei fess ns fnr childre nd aid I �regirr e *'^�.t �^ arnceel� rf+ c�rnr�"# ' sfo+ rr arrntn. Yer � x>? ,�€ sand s�idents pre nc�wberng accepted `I�e arlso hpveua r k gra 3 ra r ` NO for es nnc aptos or:sa arrr l ilea a d acre nc cc rt n - vt cttls/gntellts �" = ' 4 c IN s OWN _ qj z i a u u t a , , a &moi Sid rTCt, 1-"/A7r5 1 - T _ Elam ixnteCSe' B�IOii iUIli g ''visit as 16n Facebouk.Ht+ Cre+ 42 Today's Equestrian May 2014 t F lb Lanza, Heather From: Finnegan, Martin Sent: Monday, April 21, 2014 11:03 AM To: Lanza, Heather Subject: owa e Ok. I agree. Under the recent guidelines and based on bob Somers letter they'd be entitled to the streamlined site plan review and special exception review would be considered unreasonably restrictive.They are definitely in an Ag District right? From: Lanza, Heather Sent: Wednesday, April 16, 2014 11:27 AM To: Finnegan, Martin Subject: FW: Showalter farm Importance: High FYI. We still need to talk to Ag& Markets about the memo. I think we just need to move that use out of Special Exception to be consistent.That use wasn't added to Ag& Markets protected uses until the recent past. From: Lanza, Heather Sent:Wednesday,April 16, 2014 10:42 AM To:Verity, Mike; Rallis, Damon; Conklin, Pat Cc:Cummings, Brian A. Subject:Showalter farm Importance: High Mike, Damon and Pat, Brian and I met with Mr.Showalter and his agent Ray Nemschik to review their plan for horse stables in Mattituck. Upon reviewing their overall plans for the immediate future as well as the near future, it would seem most efficient to process this in two phases. Their most immediate need is to build some stables for their own horses, but are being kept elsewhere,which is costing them a lot of money.The first phase would be for the horse stables currently proposed to be viewed as accessory to the residential use.The stables have already been sited by the Land Preservation Committee,there isn't much else that Planning would accomplish in this phase.They stated that they would not be inviting the public to the property in this first phase (we could get that in writing from them). I am suggesting that they could do this first phase without a site plan. The second phase will follow shortly after,according to the applicant, and will involve a site plan and Special Exception review.This is the part that includes the riding academy(an indoor riding ring, riding lessons,etc.), and will turn the whole thing into the agricultural operation they envision. We didn't realize all this until after the Notice was completed and we met with them in pre-submission. i yr What do you all think of this idea? Heather Heather Lanza,AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O.Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heather.lanza(Wown.southold.ny.its 2 FORM NO. 3 47� oke NOTICE OF DISAPPROVAL W'� DATE: April 10, 2014 TO: Nemschick Silverman Architects (Showalter Farms) 160 Main Street, Suite 200 Sayville, NY 11782 Please take notice that your application dated March 19, 2014 For permit to construct horse stables at APR 102014 Location of property 18625 Main Road (Route 25), Mattituck County Tax Map No. 1000 - Section 108 Block 4 Lot 1.4 Is returned herewith and disapproved on the following grounds: The proposed construction requires site plan approval from the Southold Town Planning Board. You may pply to this agency directly. orized Si ure CC: file, planning Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. FOR INTERNAL USE ONLY SITE PLA N USE pETERMINATION Initial Determination I Date Date: I_-= G Project Name: Project Address: J0�5 C . - _ _ Zoning Count Tax Map No.:1�000= /D _ -- � 1 Suffolk � Request: C:OryJ APR �1 5 (Note: Copy of B.uiidirtg Permit App ll and supporting docu entati �anttaara proposed use or uses should be submitted.) . initial Determination as to whether use is permitted: Initial-Determination as to whether site plan is required: Signature Planning Department(P.D.)Referral: Date of Commen P.D. Date Received:A-1 1 t: __�____/�/--�_ C mments: Qnrn fn�- Si ure of Planning Dept.-S Reviewer f ...,� notar ina�ion l� al ..et j. Date. l 11-: Decision: _r o.,aAinn Insnpr1or t2' 1 ' IWI lop C _ A Siad. 1Ux12' s Io 1 4'DutCh Door 4'DA:h Door CONTRACTOR CUSTOMER DRAWN BY: Q3Vld S, Pt ma 1411$ DATE:March 3,2014 1 PAGE:I of PLAK4)ESCRIPTIOH Kaulblds County S &Gae os Strowa#er Farras T24 I dletrtr�a R a€t 1511 t Larte 19 x 24'SW Row Bam RsJqe,NY 11961 Swami,IVY 11971 Roor Plan Sca e:3%,=1' 12 12 5,4- 4,14 ,4 CONTRACTOR CUSTOMER DRAWN BY: David _ FLAN NO:14114 DATE:March 3;201 A PAGE:i df PLAWDESCRWTI©N Kaufolds Countri Sheds&Gazebos Showaiter F 724 Road 1015 Orchard Lm* IT x 24'Shed Row Sam Rimae,NY 11961 Southr,Ad,Nit 11971 Side Ekwabm Scaw,v. IT 24` cownu GTOR CMT<AWR DRAWN BY; Llavid fTAN NO:14114 DATE:March 3,2014 1 PAGE 1 of-. PCRRi-0ESGRiPT}CHt Ka€�fS Cr ary SMS$Ga--'P t1c melte F Y 1t?'x 24'She stow Sam,24 �r€ y Rami fiQ1�� Lane Rfte,NY 11961 Southold,NY 11971 Rear Elevation Sca -IV i r i CONTRACTOR CUSTOMER DRAN/N @Y: DaV1d& PLAN NO:14114 OATEa March 3,2014 PAGE:1 of. PLAN-0ESCRIFT*N Kauldids Wintry Sneds&Gazebos Showalter Farms � '�zd'S t�fld Row 6a . 724 diddle retry tori! 10 t 5 Orad Lane Fort Flevat Ridge,NY t 1961 S ,W 11971 Scale:'A'=V yvnvrpiVlgKi1H 000 - . EST EDS.OF ACI 301 t 30 °E 1 a W FM AM C80. K NO CALL.cm-omDE ?I'�rTp AB FL1fJ.Akle VlO - Vl ' bfC d-ISR --- — FEET ASM AlO6,GRADE 0. VT U LM IW.MR N•. L 11 F. .LAP uWP.MIK V. 2 IF.OR 4 HrWR UXa ! ,4 Wsil•I& STALL Im STS I 33 01°81 Ea BY. 180 psi FMT TO EMEND UP 9TUR .N*jN0?MMFASTEND. D3 NDRID (TYPJ >zGA,ca.v.A1YLE F CON81F3K nm NCL PASTIER 15Y 6"-GM 4EP FGR ALL LOADW3 MODEL fA33 m/.(4)10d S SITE SAIM.CONIRAGTOR I D2 D2 NAILS TO POET 4(4)10d W LK LOADS QAIOUi WUL8 To MAyg Tyr. 80E(2)AT EA MAW POST T 4x4 UD.FN*T Trq PURPOSE OF ASNOTM rlu MANER OTMR TWAN TFIE I N (a IRF•6 Wrn4OUT THE KWTTEN ttyy m Pz"TE=. ALSO TN16 I J f rT ne uaTT 4 PER I Wpu ON ATO.PEMm UP EiTUOI K STALL n �I�a► ,� D3 (I0'xi2') 0CLA2') 1 T( 77�- - I0'-0• 10'-0• �� ` MODULAR 8AIW4 MODULAR MAW 30'-0' i s . c,�.,,i�a..� ��',,_,�,�� ' �.� `tom-�--� � �-5�u.,t•� � � OLA_ Cf) 'z3 O � 0 � I • i,. - � c� rr ll � a 4-1 c z � cf) • Y z � ' M s: t U1 . 1 Rli dOD- FRONT " ELEVATION r4 0) U U v U IL i t RAFTERS ATTAR ON SITE VY Um I°L.YYR EA EOE GF RAFIT3Z FAE1�1 t: 0 WROC.ME TIE (10)vi%aww CAOMI BT FAElE11 EA COLJ.AR 1E W. 4M MOM (6)13d FM ERWK4U .6PALTOVER VP PL"P.FASOM w%Ed NAL,E 6'OL-EDGE EPACM 4 G ' t' Ir Or-MW EPACHS. ,� N 13/m w ME L a/,(1073 VP QALY-MO a&R bT P RAPIER 0*0 or "W NALb AT EA POET - i .TYPE K"ALUM tA1RER(ate -- 1 2"WK GIM a*me W. L ' FAEOtA Mr) 6 ? 2x6 R 6YP WADER x DOOR f3)QdI&1 N4L6 ROEp) ' POE VENIt3� 131414 V4'26E LVL 1314"V4'2E;LVL W(10)3 V4•GALY.IM 3-PLT:ati P06T d.(10)3 V4'G&Y.)70 ICM SIAt'K)4 U SEA PM � � ENANK NArb�EA POET NAISLE WAY Pr (3)ed NACA EA GIRT 4 Elm A4= b*Dau 2x4 CWC GOefb ani"MACE FAET!!R EfT 6M'EON IGC7C 8Gi41� r NA6,A TO POET•(4)Wd E 1iFitf hd1 CWC KIpC BOARDB NA6b TO FLATE TYPO PEEA>f RYPC4 J F.T. Cr?ADE �EO7 W AT EA km T eE/w(Ti'PJ fy Afi'RO)C�' AMC"aRA= 4x4+011-UK MW—*E IMMAL EEcm NL V x IW=IS I Zr-M M YA1QE6 /� PLAN FDR 61io • 10'-0" -0' 10'- " VALONNs n--EC fO�) 1 R.xn-in COMTRACTQR CUSTOMER DRAM BY: David S, FLAN mo:14114 DATE:March 120'11 PAGE_1 of: ++ss do&,.js-�^+ Po �^�.�y�y c+ pp� �+ �i }�� ��++ 3y V *yyyy._ YMA"ESCRIPTION Kaufo€ds Country 3&Ga�zeioga S1'1L"�wifter rarms �6:+Y.M1 1L' ��Fg�'a€E 724 Ptt ddle Country Road 10,115 Orchard.Lang X 0' Rine NY X 1961 Southold,NY 11971 y i F • 4ie f-- CONTRACTOR CUSTOMER ORAWN BY: David& PLAN NO:14114 uATE:Mar&3.2014 PAGE 1 at- PLAN-DESCRIPTION Kaufolds Got tri Sheds&Gazed Shawalter Farris 724 M*He Coistry Roo 1015 Orcoard Lane 10'x 10'Rt -I RjdgeNY 11961 Southold,NY 11571 Front Elviation Scale:Y2"=1 12 4�_ • p� • CONTRACTOR CUSTOMER DRAwm BY: David S. PLAN Nd:14114 DATE:Marcn 3.2G14 _ PAGE:1 of, PLAN-OESCRIPTK>N afoWs Ct ntry Souls&Gazed l ha aker Fams 724 M Ct t°y load 1015 ward Lane I0'x 19`F ur4n Rim,IVY 11961 SMhold,NY 11971 Side Elevabor 41 CONTRACTOR CUSTOMER DRAWN BY- DaVid S_ Pt AN No:14114 DATE:Mar '3,2014 PAGE:1 of: PLAN-0EScftwrn IN 724 e" Road 1015 Orc wij Lane # 1 1' un- Ridge,NY 11961 d,NY 11971ex Elevation Stag: "=i' Ob 0 TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631)765-1802 DISAPPROVA4Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved 20 Mail to: Disapproved a/c ` Phone: Expiration Bui2inct . MAR ? 4 2014 APPLICATION FOR BUILDING PERMIT _ � Date March 18 , 2014 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months. Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housin code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. ( ture of applicant or name,if a corporation) 430 Green Way Cutchogue, NY 11935 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder architec Name of owner of premises Chris and Joanne Showalter (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 18625 Main Road (Route 25) Mattituck, NY 11952 House Number Street Hamlet County Tax Map No. 1000 Section 108 Block 4 Lot 1.4 Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy undeveloped land b. Intended use and occupancy horse stables 3. Nature of work(check which applicable):New Building ✓ Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost $5000 Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business,commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front NA Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front NA Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front 307 247 24' Rear 307 247 24' Depth 247 10'/10' Height 137 127 12' Number of Stories—1 9. Size of lot:Front 375.31' Rear 336.89 Depth 2495' 10. Date of Purchase Name of Former Owner. Pindar 11. Zone or use district in which premises are situated A-C Agricultural- Conservation 12. Does proposed construction violate any zoning law, ordinance or regulation?YES NO ✓ 13. Will lot be re-graded?YES NO ✓ Will excess fill be removed from premises?YES NO ✓ Chris&Joanne 1015 Orchard Ln 14.Names of Owner of premises Showalter Address Southold. NY 11971 Phone No. Name of Architect Ray Nemschick Address 430 Green Way Phone No 631-734-7007 Name of Contractor Address Cutchogue, NY 11935 Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO ✓ * IF YES, SOUTHOLD TOWN TRUSTEES&D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES,D.E.C. PERMITS MAY BE REQUIRED. 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OFPAV ) being duly sworn,deposes and says that(s)he is the applicant ame 6f individual signing contract)above named, (S)He is the A6aE (Contra tor,Agent,Corporate Officer,etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief,and that the work will be performed in the manner set forth in the application filed therewith. Swo Tibefore me this day of11 1 201 otary c V16Wature of Applicant LAWRENCE IL SILVERMAN Notarryy Public,State of New York Reg.No.01 S14977025 Qualified in Suffolk County Oormdwoon Expires Januwy 92.906 A , °s B , "'600 00 •*" r" I �� ,�( Gf iwe e.:u�*' r t t m r h6 w` � � dpedt 4Nd a p c v_, t �.'�nr�*.a� ' T k` `' t�'+ 1 ` Town of Soutttwd. � G 0 MEMO 111004 1800 1:0 2 &0000 2 W: 84 ? SO & S84 16S11' t (r� Building Inspector J r� i i Ul M R 1 9 2014 i APPLICATION FOR BUILDING PERMIT --- -- Date March 18 , 2014 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months. Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions,or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws,ordinances,building code,housin code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ( ture of applicant or name,if a corporation) 430 Green Way Cutchogue, NY 11935 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder architec Name of owner of premises Chris and Joanne Showalter (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 18625 Main Road (Route 25) Mattituck, NY 11952 House Number Street Hamlet County Tax Map No. 1000 Section 108 Block 4 Lot 1.4 Subdivision Filed Map No. Lot (Name) . J f ie existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy undeveloped land b. Intended use and occupancy horse stables 3. Nature of work(check which applicable):New Building V/ Addition Alteration Repair Removal Demolition Other Work (Description) ` 4. Estimated Cost $5000 Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business,commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front NA Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front NA Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front 307 247 24' Rear 307 24'/24' Depth 247 10'/10' Height 137 12712' Number of Stories 1 9. Size of lot: Front 375.31' Rear 336.89 Depth 2495' 10. Date of Purchase Name of Former Owner Pindar 11. Zone or use district in which premises are situated A-C Agricultural- Conservation 12. Does proposed construction violate any zoning law, ordinance or regulation?YES NO 13. Will lot be re-graded? YES NO ✓ Will excess fill be removed from premises?YES NO ✓ Chris&Joanne 1015 Orchard Ln 14.Names of Owner of premises Showalter Address Southold, NY 11971 Phone No. Name of Architect Ray Nemschick Address 430 Green Way Phone No 631-734-7007 Name of Contractor Address Cutchogue, NY 11935 Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO ✓ * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES,D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey,to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OFPW �Wmah'ojx�) being duly sworn,deposes and says that(s)he is the applicant ame 6f individual signing contract)above named, (S)He is the JA6aE (Contra tor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Swo before me this day of 20 via', otaryc ature of Applicant LAWRENCE&SILVERMAN Notary Public,State of New Yolk Reg.No.01S14977025 Oualified in Suffolk County Carndsslon Expires January 22,206 yr RC CELS1- STATE OF NEW YORK DEPARTMENT OF AGRICULTURE&MARKETS 10B Airline Drive,Albany;NY 12235 518-457-4188 www.agriculture.ny.gov Andrew M. Cuomo Richard A. Ball Governor Acting Commissioner April 4, 2014 Honorable Scott Russell, Supervisor Town of Southold 53095 Main Road APR - 7 2014 PO Box 1179 Southold, NY 11971 Re: Agriculture and Markets Law Section 305-a(1) Review Concerning the Administration of the Town's Zoning Code With Respect to the Operation of a Commercial Equine Operation on Showalter Farms, LLC Dear Supervisor Russell: The Department received a request from Joanne Showalter to review the Town of Southold's Zoning Code as applied to her farm operation. Ms. Showalter stated that Showalter Farms, LLC, is a start-up commercial horse boarding and equine operation that will board, train, raise and breed performance horses. She stated that they also plan on offering riding lessons to the public. Ms. Showalter indicated that her property consists of 24 acres, of which 20 acres are encumbered by a conservation easement. On January 8, 2014, the Town of Southold's Land Preservation Committee issued a letter to Chris and Joanne Showalter identifying activities and uses permitted on the 20 i encumbered acres. Ms. Showalter stated that riding lessons will only occur on the four acres that retained their development rights in compliance with the easement and the Zoning Code. In prior reviews, the Department has determined that while property burdened by a conservation easement is subject to the easement, the Department may still review the Town's administration of its Zoning Code with respect to the farm operation. In Ms. Showalter's request to the Department, she stated that plans were filed with the Southold Town Building Department to construct 8 horse stalls on her property. The Building Department indicated that in all probability, her building permit application will be denied and sent to the Town's Planning Board and the Zoning Board of Appeals if the activity is considered a "riding academy" under Town Zoning. Ms. Showalter stated that the Zoning Code allows a "riding academy" as a "special exception" use. i i Y Honorable Scott Russell, Supervisor Town of Southold 21Page I have enclosed a copy of the Department's Guidelines for Review of Local Zoning and Planning Laws and Review of Local Laws Affecting Commercial Horse Boarding Operations for your review. In general, the Department has not supported the application of special exception use permits for farm operations located within a county adopted, State certified agricultural district. The Department has supported site plan review as long as the review is streamlined; similar to the process identified in the Review of Local Zoning and Planning Laws guideline. Prior to conducting its review, the Department would like to discuss the identified issues with you and Town Attorney Martin Finnegan. Please contact me at (518) 457- 3738 to schedule a conference call. If Mr. Finnegan, Esq. has any questions, he should contact Danielle Cordier, Senior Attorney, at (518) 457-2449. Sincerely, 0 om s, h. Manager, Agricultural Protection Unit cc: Martin Finnegan, Esq., Town Attorney Joanne Showalter, landowner Donald Wilcenski, Chairperson, Town of Southold Planning Board Leslie Kanes Weisman, Chairperson, Town of Southold Zoning Board of Appeals Melissa A. Spiro, Land Preservation Coordinator Ken Schmitt, Chair, Suffolk County AFPB Danielle Cordier, Esq., Counsel's Office, Dept. of A&M Division of Land&Water Resources Phone: (518)457-3738 Fax: (518)457-3412 ! 0 Guidelines for Review of Local Zoning and Planning Laws Background and Objective As communities adopt or amend zoning regulations, potential conflicts between farm operations and local land use controls may increase. This, coupled with continuing exurban development pressures on many of the State's agricultural communities, increases the need to better coordinate local planning and the agricultural districts program, and to develop guidelines to help address conflicts which may occur. Proactively, guidelines can aid in crafting zoning regulations by municipalities with significant farming activities. Zoning and Farm Operations: Practical Limitations and Problems Farms are host to several discrete but interdependent land uses which may include barns, commodity sheds, farm worker housing, garages, direct farm markets, silos, manure storage facilities, milking parlors, stables, poultry houses and greenhouses, to name but a few. The typical zoning regulation, in addition to establishing minimum lot sizes and separations between uses, often prohibits more than one "principal" structure on each parcel of record. Many zoning devices, then, are unable to distinguish between on-farm structures as part of a farm operation from the same building when it is used for an independent, freestanding use. The minimum separation and "yard" requirements of zoning are designed to avoid over concentration, maintain adequate spaces for light and air, and to reduce fire hazard in more urban environments. The application of such requirements to suburban and rural communities and farm operations often results in the unintended regulation of farm operations and uses not as an integrated whole, but as separate improvements. The rapidly changing nature of the agricultural industry does not always allow zoning and the comprehensive planning process to keep pace. This can result in the application of outdated regulations to contemporary land uses and gives rise to potentially unreasonable restrictions. Local governments may run afoul of the letter and intent of the Agricultural Districts Law by limiting the type and intensity of agricultural uses in their communities and by narrowly defining "farm" or "agricultural activity." This j is sometimes problematic even in municipalities with a significant base of large, , "production" level farming operations. Inadequately defined terms also give rise to conflict between the zoning device and farm operations. Because of the inherent nature of zoning, there is essentially no discrete administrative authority to waive its standards, even when those standards are at i variance with the community's land use policy and what may be deemed its "intent." A municipal zoning board of appeals may, consistent with specific tests found in Town, Village and City Law, vary the use and area standards of a zoning regulation, and reverse or affirm determinations of the zoning administrative official. Such a remedy: i.e., an area or use variance, may, however, in and of itself be considered "unreasonably restrictive" if it is the only means available to establish, expand or improve a "farm operation" in a county adopted, State certified agricultural district. These and other limitations and problems that can lead to AML §305-a violations may be avoided in the first instance by sound comprehensive planning. The Town Law, 1/26/10 1 I Village Law, General City Law and the Agricultural Districts Law are designed to encourage coordination of local planning and land use decision making with the agricultural districts program. Agricultural Districts and County Agricultural and Farmland Protection Plans: Their Influence on the Municipal Comprehensive Plan and the Zoning Process The preparation, adoption and administration of a municipal comprehensive plan and zoning regulation are not independent actions of local government, but should be part of a well thought out, seamless process. A zoning regulation is, in the final analysis, simply a device to implement the community plan and, in fact, "... must be in accordance with a comprehensive plan... " [Town Law §272-a (11)(a)] The State Legislature has codified the intent, definition and content of the comprehensive plan (Town Law §272-a, Village Law §7-722 and General City Law §28- a). In so doing, the Legislature has given significant status to "agricultural uses" in general, and State certified agricultural districts and county agricultural and farmland protection plans created under Agriculture and Markets Law Articles 25-AA and 25-AAA in particular. Town Law §272-a (9) requires agricultural review and coordination with the comprehensive planning process: "A town comprehensive plan and any amendments thereto, for a town containing all or part of an agricultural district or lands receiving agricultural assessments within its jurisdiction, shall continue to be subject to the provisions of article twenty-five-AA of the agriculture and markets law relating to the enactment and administration of local laws, ordinances, rules or regulations. A newly adopted or amended town comprehensive plan shall take into consideration applicable county agricultural and farmland protection plans as created under article twenty-five-AAA of the agriculture and markets law." (The same language is found in Village Law and General City Law.) Thus, the statutory influence the Agricultural Districts Law and the Agricultural and Farmland Protection programs have on the comprehensive planning process and zoning regulations is significant. State certified agricultural districts and county agricultural and farmland protection plans are community shaping influences in much the same way as existing and proposed *infrastructure; wetlands, floodplains, topographical features; cultural, historic and social amenities; economic needs; etc. are viewed. The Agricultural Districts Law is a valuable planning tool to conserve, protect and encourage the development and improvement of the agricultural economy; protect agricultural lands as valued natural and ecological resources; and preserve open space. In addition to AML §305-a, limitations on local authority in Town Law §283-a and Village Law §7-739 were enacted to ensure that agricultural interests are taken into consideration during the review of specific land use proposals. Town Law §283-a (1) and Village Law §7-739(1), as recently amended by Chapter 331 of the Laws of 2002, require local governments to "...exercise their powers to enact local laws, ordinances, rules or regulations that apply to farm operations in an agricultural district in a manner which does not unreasonably restrict or regulate farm operations in contravention of the purposes of article twenty-five-AA of the agriculture and markets law, unless it can be shown that the public health or safety is threatened." The recent amendments make the Town and Village Law provisions consistent with AML §305-a regarding showing a threat f 1/26/10 2 r • to the public health or safety. AML §305-a, subd.1 is not a stand-alone requirement for coordination of local planning and land use decision making with the agricultural districts program. Rather, it is one that is fully integrated with the comprehensive planning, zoning and land use review process. Application of Local Laws to Farm Operations within Agricultural Districts In general, the construction of on-farm buildings and the use of land for agricultural purposes should not be subject to site plan review, special use permits or non- conforming use requirements when conducted in a county adopted, State certified agricultural district. The purpose of an agricultural district is to encourage the development and improvement of agricultural land and the use of agricultural land for the production of food and other agricultural products as recognized by the New York State Constitution, Article XIV, Section 4. Therefore, generally, agricultural uses and the construction of on-farm buildings as part of a farm operation should be allowed uses when the farm operation is located within an agricultural district. Town Law §274-b, subdivision 1 allows a town board to authorize a planning board or other designated administrative body to grant special use permits as set forth in a zoning ordinance or local law. "Special use permit" is defined as "...an authorization of a particular land use which is permitted in a zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such requirements are met." Agricultural uses in an agricultural district are not, however, "special uses." They are constitutionally recognized land uses which are protected by AML §305-a, subd.1. Further, agricultural districts are created and reviewed locally through a process which includes public notice and hearing, much like zoning laws are adopted and amended. Therefore, absent any showing of an overriding local concern, generally, an exemption from special use permit requirements should be provided to farm operations located within an agricultural district. The application of site plan and special permit requirements to farm operations can have significant adverse impacts on such operations. Site plan and special permit review, depending upon the specific requirements in a local law, can be expensive due to the need to retain professional assistance to certify plans or simply to prepare the type of detailed plans required by the law. The lengthy approval process in some local laws can be burdensome, especially considering a farm's need to undertake management and production practices in a timely and efficient manner. Site plan and special permit fees can be especially costly for start-up farm operations. Generally, farmers should exhaust their local administrative remedies and seek, for example, permits, exemptions available under local law or area variances before the Department reviews the administration of a local law. However, an administrative requirement/process may, itself, be unreasonably restrictive. The Department evaluates the reasonableness of the specific requirement/process, as well as the substantive requirements imposed on the farm operation. The Department has found local laws which regulate the health and safety aspects of the construction of farm buildings through provisions to meet local building codes or the State Building Code (unless exempt from the State Building Code') and Health Department requirements not to be unreasonably restrictive. Requirements for local building permits and certificates of ' A discussion of the New York State Uniform Fire Prevention and Building Code follows below. 1/26/10 3 i C occupancy to ensure that health and safety requirements are met are also generally not unreasonably restrictive. Site Plan Review for Farm Operations within an Agricultural District Many local governments share the Department's view that farm operations should not have to undergo site plan review and exempt farms from that requirement. However, the Department recognizes the desire of some local governments to have an opportunity to review farm operations and projects within their borders, as well as the need of farmers for an efficient, economical, and predictable process. In view of both interests, the Department developed a model streamlined site plan review process which attempts to respond to the farmers' concerns while ensuring the ability to have local land use issues examined. The process could be used to examine a parcel's current characteristics and its surroundings in relation to any proposed activities on the farm and their potential impact to neighboring properties and the community. For example, municipalities could specify that farm operations located within specific zoning districts must submit to site plan review. Municipalities may also elect to exempt farm operations, located within a county adopted, State certified agricultural district, from their site plan review process. The authorizing statutes for requiring site plan review are quite broad and under "home rule" muncipalities retain signicant flexibility in crafting specialized procedures (e.g., the selection of a reviewing board; uses which trigger submission of site plans; whether to have a public hearing and the length of time to review an application). Town Law §274-a and Village Law §7-725-a define a site plan as "a rendering, drawing, or sketch prepared to specifications and containing necessary elements as set forth in the applicable zoning ordinance or local law which shows the arrangement, layout and design of the proposed use of a single parcel of land... ." These sections of law further outline a list of potential site plan elements including parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses as well as additional elements. Many municipalities have also added optional phases to the site plan review. While a preliminary conference, preliminary site plan review and public hearings may assist the applicant earlier in the review process and provide the public an opportunity to respond to a project, they can result in a costly delay for the farmer. For the sake of simplicity, the model site plan process and the following guidance presume that the planning board is the reviewing authority. Site Plan Process The applicant for site plan review and approval shall submit the following: 1) Sketch of the parcel on a location map (e.g., tax map) showing boundaries and dimensions of the parcel of land involved and identifying contiguous properties and any known easements or rights-of-way and roadways. 1/26/10 4 • • Show the existing features of the site including land and water areas, water or sewer systems and the approximate location of all existing structures on or immediately adjacent to the site. 2) Show the proposed location and arrangement of buildings and uses on the site, including means of ingress and egress, parking and circulation of traffic. Show the proposed location and arrangement of specific land uses, such as pasture, crop fields, woodland, livestock containment areas, or manure storage/manure composting sites. 3) Sketch of any proposed building, structure or sign, including exterior dimensions and elevations of front, side and rear views. Include copies of any available blueprints, plans or drawings. 4) Provide a description of the farm operation (existing and/or proposed) and a narrative of the intended use and/or location of proposed buildings, structures or signs, including any anticipated changes in the existing topography and natural features of the parcel to accommodate the changes. Include the name and address of the applicant and any professional advisors. If the applicant is not the owner of the property, provide authorization of the owner. 5) If any new structures are going to be located adjacent to a stream or wetland provide a copy of the floodplain map and wetland map that corresponds with the boundaries of the property. 6) Application form and fee (if required). If the municipality issues a permit for the structure, the Code Enforcement Officer (CEO) determines if the structures are subject to and comply with the local building code or New York State Uniform Fire Prevention and Building Code prior to issuing the permit. Similarly, the Zoning Enforcement Officer (or the CEO in certain municipalities) would ensure compliance with applicable zoning provisions. The Department urges local governments to take into account the size and nature of the particular agricultural activity, including the construction of farm buildings/structures when setting and administering any site plan requirements for farm operations. The review process, as outlined above, should generally not require professional assistance (e.g., architects,engineers or surveyors) to complete or review and should be completed relatively quickly.' The Department understands, however, that in some cases, a public hearing and/or a more detailed review of the project which may include submission of a survey, architectural or engineering drawings or plans, etc., may be necessary. The degree of regulation that may be considered unreasonably restrictive depends on the nature of the proposed activities, the size and complexity of the proposed agricultural activity and/or the construction of buildings or structures and whether a State agricultural exemption applies. Time Frame for Review and Decision 2 Please see discussion of Agricultural Exemptions below. I 1/26/10 5 0 �► Town Law §274-a and Village Law §7-725-a require that a decision on a site plan application be made within a maximum of 62 days after receipt of the application or date of a public hearing, if one is required. Town and Village Law authorize town boards and village boards of trustees to adopt public hearing requirements and local laws often provide planning boards with the discretion whether to hold a public hearing. The Department recommends that if the municipality requires construction of farm buildings and structures within a state certified agricultural district to undergo site plan review, that the review and decision be expedited within 45 days, with no public hearing. The Department recognizes that the Town Law allows municipalities to determine which uses must undergo site plan review, the time frame for review (within the 62 day maximum), and whether to conduct a public hearing. A protracted review of most agricultural projects could, however, result in significant economic impacts to farmers. The process outlined above affords the community an opportunity to examine a proposed agricultural project and to evaluate and mitigage potential impacts in light of public health, safety and welfare without unduly burdening farm operations. Of course, the "process" must also be adminstered in a manner that does not unreasonably restrict .or regulate farm operations. For example, conditions placed upon an approval or the cost and time involved to complete the review process could be unreasonably restrictive. Agricultural Exemptions State Environmental Quality Review (SEAR) - Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with "generally accepted principles of farming" are designated as Type II actions which do not require preparation of an Environmental Assessment Form (EAF) and are not subject to compliance with State Environmental Quality Review (SEQR). 6 NYCRR §617.5(a), (c)(3). [See In the Matter of Pure Air and Water Inc. of Chemung County v. Davidsen, 246 A.D.2d 786, 668 N.Y.S.2d 248 (3rd Dept. 1998), for application of the exemption to the manure management activities of a hog farmand In the Matter of Humane Society of the United States v. Empire State Development Corporation 53 A D 3d 1013 863 N.Y.S. 2d 107 (3rd Dept.. 2008) where ESDC's classification of the issuance of a grant for the construction or renovation of on-farm buildings for treatment of manure and raising livestock as a Type II action was upheld.] The SEAR regulations require localities to recognize the Type II actions contained in the statewide list. New York State Uniform Fire Prevention and Building Code -While farmers must comply with local requirements which regulate health and safety aspects of the construction of farm buildings, many farm buildings are exempt from the State Uniform Fire Prevention and Building Code ("Uniform Code"). The Uniform Code recently underwent major revisions and now is comprised of seven sub-codes (the Building Code, Fire Code, Residential Code, Plumbing Code, Mechanical Code, Fuel Gas Code, and the Property Maintenance Code). The exemption for agricultural buildings has been incorporated in the following portions of the revised Uniform Code and the Energy Conservation Construction Code, which became fully effective on January 1, 2003. • Agricultural building is defined in §202 of the Building Code as "A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other 1/26/10 6 horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public." • Building Code §101.2(2) provides an exemption from the Building Code for "[a]gricultural buildings used solely in the raising, growing or storage of agricultural products by a farmer engaged in a farming operation." • Section 102.1(5) of the Fire Code of New York State provides that "[a]gricultural buildings used solely in the raising, growing or storage of agricultural products by a farmer engaged in a farming operation" are exempt from the provisions of the Fire Code pertaining to construction but are subject to applicable requirements of fire safety practice and methodology. • Section 101.4.2.5 of the Energy Conservation Construction Code ("ECCC") exempts nonresidential farm buildings, including barns, sheds, poultry houses and other buildings and equipment on the premises used directly and solely for agricultural purposes"from the provisions of the ECCC. The above briefly highlights the agricultural buildings exemptions. Any specific questions regarding the interpretation and applicability of the revised State Uniform Fire Protection and Building Code should be directed to the Department of State's Codes Division at (518) 474-4073. Professionally Stamped Plans - Education Law §7209(1) provides that no official of the State or any city, county, town or village charged with the enforcement of laws, ordinances or regulations may accept or approve any plans or specifications that are not stamped with the seal of an architect, or professional engineer, or land surveyor licensed or authorized to practice in the State. Thus, where local laws, ordinances or regulations require that plans and specifications for private construction be accepted or approved, they may not be accepted or approved without the required seal, subject to the exceptions set forth in the statute. 1981 Op Atty Gen April 27 (Informal). However, the exceptions contained in Education Law §7209(7)(b) include "farm buildings, including barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes." As a result, plans and specifications for such buildings are not required to be stamped by an architect, professional engineer or land surveyor.3 Against this backdrop, specific guidelines for review of zoning and planning regulations by local governments and the Department can best be understood. Generic Review Guidelines Generic reviews are those of entire zoning regulations or sections of zoning regulations that impact the municipality's farm community as a class or several farm operations in the same way. Examples of actions which might result in a generic review include the adoption or administration of an entirely new or substantially amended zoning regulation that results in a material change in the use and area standards applied 3 Similar requirements and exceptions are also provided in Education Law§7307(1) and (5). i 1/26/10 7 to farm operations in a State certified agricultural district. In such cases, the Department recommends that the municipality ask itself the following questions: • Do the regulations materially limit the definition of farm operation, farm or agriculture in a way that conflicts with the definition of"farm operation" in AML §301, subd.11? • Do the regulations relegate any farm operations in agricultural districts to "non-conforming" status? • Is the production, preparation and marketing of any crop, livestock or livestock product as a commercial enterprise materially limited, resticted or prohibited? • Are certain classes of agriculture subject to more intensive reviews or permitting requirements than others? For example, is "animal agriculture" treated differently than crop production without demonstrated links to a specific and meaningful public health or safety standard designed to address a real and tangible threat? • Are any classes of agricultural activities meeting the definition of "farm operation" subject to special permit, site plan review or other original jurisdiction review standard over and above ministerial review? • Are "farm operations" subject to more intensive reviews than non-farm uses in the same zoning district? • Are "farm operations" treated as integrated and interdependent uses, or collections of independent and competing uses on the same property? • Is the regulation in accordance with a comprehensive plan and is such a plan crafted consistent with AML Article 25-AA as reqired by law? If the answer to any of the first six questions is "yes," or if the answer to either of the last two is "no," the zoning regulations under review are likely to be problematic and may be in violatiotion of AML §305-a, subd.1. Certainly such regulations would appear to be on their "face" inconsistent with the statutory requirement that "Local governments ...shall exercise these powers in such manner as may realize the policy and goals set forth in this article[Article 25AA-Agricultural Districts]." Guidelines for Site Specific Reviews AML §305-a zoning case reviews often involve application of zoning regulations to a specific farm operation. Such cases typically result from applying the site plan, special use permit, use or non-conforming use sections, yard requirements, or lot density sections of the municipal zoning device to an existing farm operation. These cases often evolve because although the zoning regulation may appear to be consistent with the agricultural districts law, its application to a specific issue or set of facts is not. In such cases, the Department recommends that the municipality ask itself the following questions: • Is the zoning regulation or restriction being applied to a use normally and i customarily associated with a "farm operation" as defined in AML Article 25- AA? 1/26/10 8 • Does the regulation or restriction materially limit the expansion or improvement of the operation without offering some compelling public benefit? • Is the regulation or restriction applicable to the specific farm operation in question or, under the same circumstances, would it apply to other farm operations in the community? • Does the zoning regulation impose greater regulation or restriction on a use or farming activity than may already be imposed by State or federal statute, rule or regulation? • Is the regulation or restriction the result of legislative action that rendered the farm operation a "non-conforming use"? If the answer to any of these questions is yes, then the zoning regulation or restriction under review is likely to be problematic and may be in violation of the statutory prohibitions against unreasonably restrictive regulation of farm operations in an agricultural district, unless a threat to the public health or safety is demonstrated. Guidance on Specific Zoning Issues The following are some specific factors that the Department considers when reviewing local zoning laws': A. Minimum and Maximum Dimensions Generally the Department will consider whether minimum and maximum dimensions imposed by a local law can accommodate existing and/or future farm needs. For example, many roadside stands are located within existing garages, barns, and outbuildings that may have dimensions greater than those set by a local ordinance. Also, buildings specifically designed and constructed to accommodate farm activities may not meet the local size requirements (e.g., silos and barns which may exceed maximum height limitations). The size and scope of the farm operation should also be considered. Larger farms, for example, cannot effectively market their produce through a traditional roadside stand and may require larger farm markets with utilities, parking, E sanitary facilities, etc. B. Lot Size Establishing a minimum lot size for farm operations within a zoning district that includes land within a State certified agricultural district might be unreasonably restrictive. The definition of "farm operation" in AML §301(11) does not include an acreage threshold. Therefore, the Department has not set a minimum acreage necessary for protection under AML §305-a and conducts reviews on a case-by-case j basis. For example, a nursery/greenhouse operation conducted on less than 5 or 10 acres may be protected as a "farm operation" under §305-a if the operation is a "commercial enterprise" as determined by the Department. 4 Please see other Department guidance documents for further information on issues related to specific types of farm buildings and practices. 1/26/10 9 For agricultural assessment purposes, however, AML §301(4) states that a farm must have "land used in agricultural production" to qualify (either seven or more acres and gross sales of an average of $10,000 or more in the preceding two years or have less than seven acres and average gross sales of more than $50,000 in the preceding two years). AML§301(4) also provides for an agricultural assessment on seven or more acres which has an annual gross sales of$10,000 or more "...when such land is owned or rented by a newly established farm operation in the first year of operation." AML §301(4)(h). Local requirements for minimum lot sizes for farm buildings raise concerns similar to those involving minimum and maximum building dimensions. A farmer may be unable to meet a minimum lot size due to the configuration of the land used for production or lying fallow as part of a conservation reserve program. The need to be proximate to existing farm roads, a water supply, sewage disposal and other utilities is also essential. Farm buildings are usually located on the same property that supports other farm structures. Presumably, minimum lot size requirements are adopted to prevent over concentration of buildings and to assure an adequate area to install any necessary utilities. Farm buildings should be allowed to be sited on the same lot as other agricultural use structures subject to the provision of adequate water and sewage disposal facilities and meeting minimum setbacks between structures. C. . Setbacks Minimum setbacks from front, back and side yards for farm buildings have not been viewed as unreasonably restrictive unless a setback distance is unusually long. Setbacks that coincide with those required for other similar structures have, in general, been viewed as reasonable. A farm operation's barns, storage buildings and other facilities may already be located within a required setback, or the farm operation may need to locate new facilities within the setback to meet the farm operation's needs. Also, adjoining land may consist of vacant land, woodland or farmland. The establishment of unreasonable setback distances increases the cost of doing business for farmers because the infrastructure needed to support the operation (e.g., water supply, utilities and farm roads) is often already located within, and adjacent to, the farmstead area or existing farm structures. Setbacks can also increase the cost of, or make it impracticable to construct new structures for the farm operation. D. Sign Limitations: Whether or not a limitation on the size and/or number of signs that may be used to advertise a farm operation is unreasonably restrictive of a farm operation depends upon the location of the farm and the type of operation. A farmer who is located on a principally traveled road probably will not need as many signs as one who is located on a less traveled road and who may need directional signs to direct the public to the farm. The size of a sign needed may depend on whether the sign is used to advertise the farm's produce or services (e.g., for a commercial horse boarding operation) as part of the farm's direct marketing, or just for directional purposes. 1/26/10 10 E. Maximum Lot Coverage Establishing a maximum lot coverage that may be occupied by structures may be unreasonably restrictive. For example, it may be difficult for horticultural operations to recoup their investment in the purchase of land if they are not allowed to more fully utilize a lot/acreage for greenhouses. Farm operations within an agricultural district should be allowed the maximum use of available land, consistent with the need to protect the public health or safety. Generally, if setbacks between buildings are met and adequate space is available for interior roads, parking areas (where required), and safe operation of vehicles and equipment, health and safety concerns are minimized. F. Screening and Buffers Some municipalities impose buffer requirements, including setbacks where vegetation, landscaping, a wall or fencing is required to partially or completely screen adjacent land uses. Often, the buffer area cannot be used or encroached upon by any activities on the lot. Requirements for buffers or setbacks to graze animals, construct fences and otherwise use land for agricultural purposes are generally unreasonably restrictive. Buffers and associated setbacks may require farmers to remove land from production or otherwise remove land from use for the farm operation. The impact on nursery/greenhouse operations is especially significant since they are often conducted on smaller parcels of land. Maintenance of the buffer also creates a hardship to the landowner. If a setback is required for fencing, the farmer may have to incur the expense of double fencing the perimeter of the property, or portion thereof, to prevent encroachment by neighboring property owners. A requirement to screen a farm operation or agricultural structures such as farm labor housing or greenhouses from view has been found by the Department to be unreasonably restrictive. Screening requirements suggest that farm operations and associated structures are, in some way, objectionable or different from other forms of land use that do not have to be screened. Farmers should not be required to bear the extra costs to provide screening unless such requirements are otherwise warranted by special local conditions or necessary to address a threat to the public health or safety. While aesthetics are an appropriate and important consideration under zoning and planning laws, the purpose of the Agricultural Districts Law is to conserve and protect agricultural lands by promoting the retention of farmland in active agricultural use. I 1/26/10 11 j Guidelines for Review of Local Laws Affecting Commercial Horse Boarding Operations and Commercial Equine Operations In 2001 the Agriculture and Markets Law (AML) was amended to include commercial horse boarding operations in the definition of a "farm operation" under AML §301(11). This amendment recognized that commercial horse boarding operations are farm operations and as such should receive AML §305-a protection from unreasonably restrictive local laws. In 2011 AML §301(11) was amended to include commercial equine operations in the definition of a "farm operation." Under AML §301(11), "farm operation" means"...the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise, including a `commercial horse boarding operation' as defined in subdivision thirteen of this section, a 'timber operation' as defined in subdivision fourteen of this section, 'compost, mulch or other biomass crops' as defined in subdivision sixteen of this section and 'commercial equine operation' as defined in subdivision seventeen of this section. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous, to each other." AML §301(13) defines the term "commercial horse boarding operation" as "...an agricultural enterprise, consisting of at least seven acres and boarding at least ten horses, regardless of ownership, that receives ten thousand dollars or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production. Under no circumstances shall this subdivision be construed to include operations whose primary on site function is horse racing. Notwithstanding any other provision of this subdivision, a commercial horse boarding operation that is proposed or in its first or second year of operation may qualify as a farm operation if it is an agricultural enterprise, consisting of at least seven acres, and boarding at least ten horses, regardless of ownership, by the end of the first year of operation." AML §301(17) defines the term "commercial equine operation" as "...an agricultural enterprise, consisting of at least seven acres and stabling at least ten horses, regardless of ownership, that receives ten thousand dollars of more in gross receipts annually from fees generated through the provision of commercial equine activities including, but not limited to riding lessons, trail riding activities or training of horses or through the production for sale of crops, livestock, and livestock products, or through both the provision of such commercial equine activities and such production. Under no circumstances shall this subdivision be construed to include operations whose primary on site function is horse racing. Notwithstanding any other provision of this subdivision, an agricultural enterprise that is proposed or in its first or second year of operation may qualify as a commercial equine operation if it consists of at least seven acres and stables at least ten horses, regardless of ownership, by the end of the first year of operation." The Department has consistently viewed the raising, breeding, boarding and sale of horses as a "farm operation" under AML §301(11). A "commercial horse boarding operation" provides care, housing, health related services and training to animals kept on the premises or on other properties owned or leased by the farm operator. Riding and training activities that are directly related to and incidental to the boarding and raising of horses, including riding lessons for persons who own or have a long-term lease (six months or longer) from the farm owner for the horse that is boarded at the farm and used for such activities, are part of a "commercial horse boarding" farm operation. Horse shows for horses either boarded at or owned by the farm operation, which are not open to the general public, are also part of the farm operation. 1/18/12 With the addition of"commercial equine operations" to the AML, riding academies and other types of commercial equine operations are eligible for protection as farm operations for purposes of AML §305-a. A riding academy generally offers riding lessons to the public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding. Eligibility for AML §305-a protection is extended to not only horse training, but also to trail riding, riding lessons, and other commercial equine activities, regardless of whether the client is boarding a horse at the farm. In general, the construction of on-farm buildings and the use of land for agricultural purposes should not require site plan review, special use permits or be subjected to non- conforming use requirements when located in a county adopted, State certified agricultural district. The purpose of an agricultural district is to encourage the development and improvement of agricultural land and the use of agricultural land for the production of food and other agricultural products is recognized by the New York State Constitution, Article XIV, Section 4. Therefore, generally, agricultural uses and the construction of on-farm buildings as part of a farm operation should be permitted uses when the farm operation is located within an agricultural district. The application of site plan and special permit requirements to farm operations can have significant adverse impacts on such operations. Site plan and special permit review, depending upon the specific requirements in a local law, can be expensive due to the need to retain professional assistance to certify plans or simply to prepare the type of detailed plans required by the law. The lengthy approval process in some local laws can be burdensome, especially considering a farm's need to undertake management and production practices in a timely and efficient manner. Site plan and special permit fees can be especially costly for start-up farm operations. Therefore, absent any showing of an overriding local concern, generally, an exemption from site plan and special use permit requirements should be provided to farm operations located within an agricultural district. However, as discussed in more detail in the Department's Guidelines for Review of Local Zoning and Planning Laws, the Department recognizes the desire of some local governments to have an opportunity to review agricultural development and projects within their borders. Therefore, the Department developed a model streamlined site plan review process which attempts to respond to farmers' concerns while ensuring that local issues are examined. Generally, farmers should exhaust their local administrative remedies and seek, for example, certain permits, exemptions available under local law or area variances before the Department reviews the administration of a local law. However, an administrative requirement/process may, itself, be unreasonably restrictive. The Department evaluates the reasonableness of the specific requirement/process, as well as the substantive requirements imposed on the farm operation. The Department has found local laws which regulate the health and safety aspects of the construction of farm buildings through provisions to meet local building codes or the State Uniform Fire Prevention and Building Code ("Uniform Code") [unless exempt from the Uniform Code under Building Code §101.2(2) and Fire Code §102.1(5)] and Health Department requirements for potable water and sewage disposal not to be unreasonably restrictive. Requirements for local building permits and certificates of occupancy to ensure that health and safety requirements are met are also generally not unreasonably restrictive. The following are some specific matters that the Department considers when reviewing a local law that affects commercial horse boarding/equine operations': ' Please see Guidelines for Review of Local Zoning and Planning Laws for further general discussion of each of these issues. 1/18/12 A. Minimum Lot Size The AML states that commercial horse boarding and commercial equine operations must be at least seven acres in size. A Town's limitation on the number of horses allowed per acre could be unreasonably restrictive. The Department considers, among other things, the impacts on a particular farm operation to determine if a density limitation is unreasonably restrictive. If pasture is to be used for sustenance, then one acre of pasture per horse is usually appropriate. If the area is to be used for a turn-out area, then five or more head may be carried on one acre of land. Many commercial horse boarding/equine operations are closed systems where they are conducted on smaller acreage, feed is brought in and manure is exported off the farm. However, some horse farms may landspread and/or compost manure on the farm (See Section I of this guideline for further discussion on manure management). Horses are exercised in various arenas, indoor and outdoor, and rotated in small rectangular fenced areas (paddocks). B. Setbacks Minimum setbacks from front, back and side yards for farm buildings have not been viewed as unreasonable unless a setback distance is unusually long. Setbacks that coincide with those required for other similar structures have, in general, been viewed as reasonable. A farm operation's barns, storage buildings and other facilities may already be located within a required setback, or the farm operation may need to locate new facilities within the setback to meet the farm operation's needs. Also, adjoining land may consist of vacant land, woodland or farmland. The establishment of unreasonable setback distances increases the cost of doing business for farmers because the infrastructure needed to support the operation (e.g., water supply, utilities and farm roads) is often already located within, and adjacent to, the farmstead area or existing farm structures. Setbacks can also increase the cost of, or make it impracticable to construct new structures for the farm operation. Requiring setbacks from property lines for riding trails may be unreasonably restrictive. If riding trails are located in or adjacent to fields that are used for the production of hay or other field crops, a minimum setback from a property line would take land out of production. In such instances, the trail would generally be located closer to the property line to reduce the amount of land taken out of production and reduce the amount of operating costs and time necessary to maintain a swath of unusable land established by a setback. C. Screening Some local laws require a landowner to screen an agricultural activity from adjacent non- agricultural uses. The Department has previously determined that a requirement to screen agricultural activities from adjoining non-agricultural uses is unreasonably restrictive. While aesthetics are an appropriate and important consideration under zoning and planning laws, the purpose of the Agricultural Districts Law is to conserve and protect agricultural lands by promoting the retention of farmland in active agricultural use. Screening requirements suggest that agricultural uses are objectionable or different from other forms of land uses that do not have to be screened. Farmers should not be required to bear the extra costs to provide screening unless it is required to address a threat to the public health or safety. D. Event Permits Local laws that require a special permit to hold public events, shows, rodeos, competitive events, etc. are, in general, not unreasonably restrictive when the event involves the general 1/18/12 public and not just those individuals who board their horses on the farm or are long-term training clients (three months or longer) of a commercial equine operation. If the event is limited to individuals, and a reasonable number of family and friends, who board their horses on the farm, or are long-term training clients of the farm who train on horses owned by the farm or on horses that the clients bring on to the farm, a special permit should not be required. E. Sign Limitations The administration of local law provisions which regulate signs may unreasonably restrict a commercial horse boarding/equine farm operation. Such farm operations may need to use signs to advertise the name of the farm and the services it offers. Paddocks and barns may not be visible from the road and therefore the farm may need to use an adequately sized on- premises sign or locate a sign(s) at off-premises locations. Whether or not a limitation on the size and/or number of signs that may be used to advertise a commercial horse boarding/equine operation is unreasonably restrictive depends primarily on the location of the operation. An operation located on a principally traveled road probably will not need as many signs as one which is located on a less traveled road and may need directional signs to direct the public to the premises. F. Farm Worker Housing Farm worker housing, including mobile homes (also known as "manufactured homes"), is an integral part of numerous farm operations. Farmers often provide on-farm housing for their farm laborers to, among other things, accommodate the long workday, meet seasonal housing needs and address the shortage of nearby rental housing in rural areas. Generally, in evaluating the use of farm labor housing under §305-a, the Department considers whether the housing is used for seasonal and/or full-time employees and their families; is provided by the farm operator (irrespective of whether the operator owns or rents the farm for the production of agricultural products); and whether the employee to be housed is engaged in the production function(s) of the farm operation and is not a partner or owner of the farm operation. The Department does not consider the primary residence of the owner or partner of the farm operation to be protected under §305-a. For further discussion see the Department's Guidelines for Review of Local Laws Affecting Farm Worker Housing. G. Noise Some local laws have established maximum permitted sound pressure levels. For example, one local law prohibited noise from exceeding a maximum decibel level, which was reduced by six decibels for lots within two hundred feet of a residence district. Such noise provisions may unreasonably restrict farm operations within an agricultural district. According to an article written by David E. Baker entitled Noise: The Invisible Hazard (University Extension, University of Missouri-Columbia, published October 1993), a chain saw has a decibel level of 120 and tractors, farm equipment and power saws have a decibel level of 100. Inside an acoustically insulated tractor cab, the decibel level is 85. This type of equipment is commonly used along and/or near property boundaries and may exceed maximum decibel levels allowed by a local law. H. Smoke, Dust Local laws may regulate smoke and other particulate matter. Such laws often prohibit measurable emission of dust or other particulate matter. These provisions may unreasonably restrict farm operations. Some measure of dust usually occurs with the tillage of land and may not subside until the area is populated with crops. Furthermore, horse operations may, from 1/18/12 time to time, have bare spots within fields that could be a cause for airborne particulate matter and dust. Horses and other livestock may roll or dig up the turf. Dust may also occasionally come from paths used by livestock and from riding rings. Particulate matter may also become airborne from mowing and other field maintenance activities. Further, the regular operations of a farm typically involve the removal of trees and brush during field clearing and maintenance; the removal or trimming of diseased fruit canes, vines, and trees; and the removal of vegetative material from cultivated wetlands, among other things. These materials are often disposed of on the farm by open burning. On-farm open burning is considered by the Department to be a practice that is part of a "farm operation" and thus protected from unreasonable local restriction. Open burning is regulated by the Department of Environmental Conservation (DEC). Local laws should allow open burning consistent with the DEC's regulations and/or guidance. For further discussion see the Department's Guidelines for Review of Local Laws Affecting On-Farm Open Burning. I. Nutrient Management Nutrient Management Practices are an essential component of any farm operation and are protected under AML §305-a from unreasonable local restrictions. Traditionally, farm operators use animal waste as a main source of nutrients for crop production. Many commercial horse boarding/equine operations may not have enough land for crop production or may have excess horse manure. Generally, manure from commercial horse boarding/equine operations is either composted and spread on fields or stored and removed off-site. In general, the Department believes that any local waste management laws should provide exemptions to allow the land application, storage, and/or composting of animal waste, for agricultural purposes on farm operations within a county adopted, State certified agricultural district. The DEC regulates most types of solid wastes pursuant to 6 NYCRR Part 360, but exempts animal waste from this regulation. The Department considers the standards and permitting requirements under the DEC's regulations in evaluating whether restrictions on agricultural land use and nutrient management practices are unreasonably restrictive in violation of AML §305-a. For further discussion see the Department's Guidelines for Review of Local Laws Affecting Nutrient Management Practices. Agricultural wastes and by-products, including manure, must be utilized or disposed of in an environmentally safe manner. It is the Department's view that it is not unreasonably restrictive for a local government to require that a commercial horse boarding/equine operation submit a plan that describes how its manure will either be used or removed from the farm (e.g. by landspreading, composting, or periodic removal). Manure should not be stored and remain on the farm for a period in excess of one year. The composting of such agricultural waste is a preferred method because it is recycled and utilized as a soil amendment to enhance plant growth for both crop production and off-farm uses (e.g. landscaping, home gardens, etc.). Agriculture and Markets Law §305-a (1) protects the on-farm composting of these materials when the composting is part of the agricultural production function of the farm, that is, the farm composts to rid the farm of its excess agricultural waste or the farm composts to create a soil amendment for crop production. For further discussion please refer to the Department's Guidelines for Review of Local Laws Affecting On-Farm Composting Facilities. J. Odor i Some local laws prohibit any land use which emits any discernible odor outside the building in which the use is conducted or beyond the lot line of the property. Livestock operations emit odors associated with the animals themselves, the feed, and livestock manure. The amount of odor that can be tolerated by an individual varies and quantities discernible to one person may 1/18/12 i not be to another. The actual odor regulation and its administration would have to be examined to determine whether or not farm is unreasonably restricted. K. Animal Control Generally, farmers are responsible for the care, safety and confinement of livestock in their charge. Farm operations must provide adequate fencing and gates to confine livestock in a safe and reasonable manner. The public needs to be protected from livestock that may cause bodily harm and/or property damage if the animals venture off the farm. Therefore, local animal control laws that require livestock to be confined and not "run at large" without restraint, confinement or supervision, are reasonable and help to protect public health and safety. Local governments should be aware that commercial horse boarding/equine farms may need to install fences with a height greater than may be allowed under a local law (e.g., certain horses may not be adequately confined by a maximum three or four feet fence). For further discussion please refer to the Department's Guidelines for Review of Local Laws Affecting the Control of Farm Animals. 1/18/12 FOR INTERNAL USE ONLY SITE PLAN USE DETERM-INATION Initial Determination �,/ ��pp Date Sent:_7._f ! /= Date:- OL �- C Project Name: project Address: 1015 6 . Suffolk County Tax Map NO.'I000---LO-l-- -=L Zoning District: Request: C�Om orting documentation al5to (Note: Copy of Building Permit App lication and supe ._..�.__.._ ._..: _._....�... proposed use or uses should be submitted.) /� �T7TO Initial Determination as to whether use is permitted: ' 'al Determination as to whether site plan is required: ' Initial Signature Planning Department (P.D.) Referral: P.D. Date Received:__�_._1---1� Date of Comment: --1--� eC)hw(s - I;s C mments: tA A- Si ure of Planning Dept.-S Reviewer Final Determination Date:--i---i- ----------- Decision: qinnattirP of Rtiildina InsnPctnr 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part l -Project Information. The applicant or project sponsor is responsible for the completion of Part.1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project:, Showalter Farm Project Location(describe,and attach a location map): 18625 Main rd,Mattituck,'NY 11952 Brief Description of Proposed Action: The placement of three horse barns[(2)10'x 24'and(1)24'x'307 approximately 500 feet from the Main'RtSad and 25 feet fromthe western site boundary. See attached fetter dated b.20.14 Name of Applicant or Sponsor: Telephone: 631 734:2440: Ray;Nemschick, RA E-Mail:. r.nemschick@ns-arch.com Address: 3-31051Main Road Cit MO: State: Zi Code Gut State. NY 11935 _......... ..._..._...._ ..................----......... 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑' may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES_ If Yes,List agency(s)name and permit or approval Building Dept. �] 0.50 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? _0.50 µacres c.'Total acreage(project site and any contiguous properties)owned _24.1$ or controlled by the applicant or project sponsor? acres ______. W... _. ---_............... 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban [:]Rural(non-agriculture) ❑Industrial [:]Commercial esidential(suburban) ❑Forest X Agriculture El Aquatic ❑Other(specify):, ... ❑Parkland Page 1 of 4 f � June 20, 2014 NEMSCHICK SILVERMAN /ARCHITECTS P.C. the business of ARCHITECTURE." Southold Planning Board Southold Town 54375 Main Road P.O. Box 1179 Southold, New York 11971 Re: Showalter Farm Application 18625 Main Rd.Mattituck, NY SCTM: 1000-108-04-1.4 PROJECT DESCRIPTION: The placement of three horse barns[(2) 10'x 24'and (1)24'x 30]approximately 500 feet from the Main Road and 25 feet from the western site boundary. All barns combined will keep 7 horses in total. All storm water runoff will be contained on site. All barns will be prefabricated and delivered thus greatly minimizing construction noise to neighboring properties. SITE USE TYPE: Developing the property for the purpose of using it as a Commercial Horse Boarding Farm Operation,which is allowed as a"Permitted Use" (see Southold Town Zoning Code 280-13),and will provide the following services: "The keeping,breeding,raising and training of horses,"and will include the care,custody and control of the horses, as well as paid private equestrian training sessions,training both the horse and the rider individually,as well as simultaneously. These services will be provided to those who are boarders(horse owners),or equine lessors(those who lease a horse/(s)),who keep and use their horse/(s)on the property. The operation will also include the production of field,garden and/or livestock crops(e.g.hay,grain,oats, etc.). This definition is in line with the NYS AML301(13),as we intend to board at least 10 horses(regardless of ownership)by the end of our first year of operation. Please note:We do NOT consider our operation to be a "Riding Academy"or"Stables",which we view as a much larger and more formal operation,offering more extensive equine services to the general publicregardless of whether the individuals receiving these services own or lease a horse from the farm. According to NYS Department of Agriculture AML305-a,a"riding academy"includes all the services included under a Commercial Horse Boarding Farm Operation,PLUS riding lessons to the general public, public trail rides,and other more public commercial equine related activities. Please contact our office should you have any questions or require additional information. Thank you. Sincerely, gay N Ray Nemschick,AIA Principal 33105 MAIN ROAD • CUTCHOGUE, NEW YORK 11935 • 631 734 7007 telephone 9 631 734 7347 facsimile • www.ns-arch.com 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? �") X b.Consistent with the adopted comprehensive plan? ❑ X 6. is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? u--tr c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X' Si. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: .._..... ............ ..,_,:.- � ..::.��:.:. .�...:._..m ......_ ......... ......... _._. _ 10. Will the proposed action connect to an existing public/private water supply? NOYES ................._..... _ .... ......................... If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Not ❑. requited '""'] _ 12. a.Does the site contain a structure that is listed on either the State or National Register of toric NO YES His Places? X ❑ b. Is the proposed action located in an archeological sensitive area? XEl 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? (Tum (`I If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres tJ L�J ..........._ __ _ _ _ _ _ ...._ _... ..._..... _ 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline El Forest 01Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X ❑ 16.Is the project site located in the 100 year flood plain? NO YES _ .. X 17.Will the proposed action create storm water discharge,either from point_ ­or n.._on-point sources? NO YES If Yes, ❑ X a.Will storm water discharges flow to adjacent properties? ENOO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes briefly describe: ❑NO EJYES Gravel Infiltration Trench Page 2 of 4 -..__�........ _ _,.•_ ......._.._._............._.....__ ...._........... ..,,.., .. _ _ ............ 18. Does the proposed action include construction or other activities that result in • the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? 1f Yes,explain purpose and size ..... ...v 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? 1f Yes describe _... ..._ _- _ _....._...... .......................... ...... ❑' _ �j 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe _ _. I AFFIRM THAT THE INFORM TION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE t A pp l icant/spons e: ` . `.,. Date __..._._"•v•4 4.:::_ ........................ Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the,following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur I. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2 Will the proposed action result in a change in the use or intensity of use of land? (� 3. Will the proposed action impair the character or quality of the existing community? El 1:1 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway`? _ _ __- -_ _ ..._.,. .. ......_...................._...---_.... 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable eneMoportunities? El El 7. Will the proposed action impact existing: a.public/private water supplies? ❑ (-(- l b.public/private wastewater treatment utilities? El . .....___....._..._.._ .__.____..............._.._ ........ ....,,_ ....._.... .__._..m..... _. 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ("') waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 , No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-terra,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 sox Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM 'b PROPERTY LOCATION: a.C.T.M.i THE FOLLOWING ACTIONS MAY REgI11RE THE SUBMISSION OF A qt Ii�ys/) �Otj (•I� STOIGA�NATER.GRADIINi,DRADIAGE AND E 09110H CONTRAL PLAN CERTIFIED BY A DESIGN PROFESSIONAL M TM STATE OF NDN YORK. SCOPE OF WORK - PROPOSED CONSTRUCTION TFEM# / WORK ASSESSMENT Yes No a. What is the Total Area of the Project Parcels? 1 Will this Project Retain All Siam-Water Run-Off (Include Total Area of all Parcels located vAtlin 2M. i Generated by a Two(2'7 Inch RanfaN on Site? strx tion the Scope of Work for Proposed Con ) (This item will include all run-off created by ska b. What is the Total Area of rand Clearing clearing and/or construction activities as well as all and/or Ground Disturbance for the proposedSite Improvements and the permanent creation of construction eCdvR�/t (s.r./Aces) 2 Does the Site Plan and/or Survey Slow All Proposed PROVIDE BRIEF PRO]ECT DESCRIPTION #%-w Ad ditW Pa--NeWws Drainage Struchues Indicating Size&Location?This Item shall Include all Proposed Grade Changes and _ t V1 ll-�-� Slopes Controlling Surface Water Flow �`�� o (0-1014 10 •�4 m 3 Dods the site Plan and/or survey describe the erosion T►'�rl and sediment control practices that will t be used to control site erosion and storm water discharges. This item must be maintained throughout tine Entire L101 Construction Period. 4 WIN titin Project Require any Land Filling,Grading or Excavation where there Is a change to the Natural G��- ✓ W t f'�L�1 Existing Grade Involving more than 200 Cubic Yards _ of Material within any Parcel? 5 Will this Application Require land Disturbing Activities Encompassing an Area in Excess of Five Thousand E] (5,000 S.F.)Square Feet of Ground Surface? jj Is there a Natural Water Course Running through the Site? Is this Project within the Trustees Jurisdiction► ❑ General DEC SWPPP Requirements, or within One Hundred(10W)feet of a Wetland or Submission of a SWPPP is raquhd ter ad construction acMdes hvdit sol Beach? disturbances of one(1)or mote acres; Including disturbances of teas than one ace that 7 WIN there be Site preparation on Existing Grade Slopes an part of a larger common plan that wB ultimately d"rb one or more acres of W4 which Exceed F(fleen(15)feet of Vertical Rise to x hhckk"construction scliNees Ywoh*g sol dMiurbences of leas mon an e(1)we where One Hundred(1007 of Horb:ontal Dance? El Be DEC has determined Bat a SPDES petmk Is required for slum wafer dksdmrges. (WNPPP-s shell aaet tlhe rknhnua Requtraraaris of the sPOES tiamwal Permit 8 Wall Driveways,Parking Areas or other Impervious for Storm Wetw Discharges from Construction activity-Pemsft No.GP440-001.) Surfaces be Sloped to Direct Sbrtn-Water Run-Off l� i.Tia SWPPP anal be prepared pdor b tie ahbmktai d tie Not.The Not"be into and/or in the direction of a Town right-Of-way? /1 submitted b the Department prior to me commencement of construction ac*Ay. 2.The SWPPP shall desefte tie aroebn and sedha t cor rd practicea and where S Will this Project Require the Placement of Material, required.post-conswckon slam wale management ptsdkes that wAl be used and/or Removal of Vegetation ardtor the Construction of arty constructed to reduce the Pollutants In storm water discharges and to swims Rem Wit in the Town Right-of:Wey or Road Shoulder — compllanoi wlth tha tens and cwrndtlons of this pemiL In addition,the SWPPP atW Area?tmdo mm wm NOT kwbmb rr ea>wkft,of mm.aary ApuwI fide nt y polemist sources of pollution which may ressoaby be effected to stied the quely of slomn water disdarges. NOTE: N Arq Annaww to bona Orn dwough tans 1s Answaed with a Chock Mark 3.AN SWPPPs that require Bre post-constmotion storm water management practice In a Box and the comtuetle n aNe dahrbance is between 0.010 S.F.a i Asa in arso component shall be prepared by a n an d Design Pof Ston rel Licter M ed In New Yaric seumow&yard 1 Abe St bmROed for Rw rx Pior is Issuance MddkV Pwmk. tier le btowledgeehie h the prhdples and practices of Storm Water lAenagenteM PHYM. A Chad:Wrk t.►)anWbr Arawwr nor each CAnoon b R***W nor a Co n kw Applweon) STATE OF NEW YORK, COUYTYOF................................... RAWK)g That i,. ......me....of..............`signin.d�D ........_t) .......... being duly sworn,deposes and says that he/she is the applicant for Pernvt, (Ke ^Dow(ren And that he/she is the :'`.I...................................................................... (owner,Contractor.Agent,Corporate Officer,elm ••) •• •• Owner and/or representative of the Owner or Owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are Ince to the best of his knowledge and belief;and drat the work will be performed in the manner set forth in the application filed herewith. Sworn to re me this; ,} ......................... .... ... .......day of... .V .........................2014 Notary Public. ....... ..............•..... ---........ ...... urs FORM - 06/10 LAWRENCE E.SILVERMAN Notary Public,State of New York Reg.No.01 S14977025 Ouallfied in Suffolk County Commission Expires January 2�,206 1 Town of Southold • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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. 2. 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 cgastal area which includes-all of"Sduitli4ld Tc 3If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. each answer mius ,bo ex laingd in &WL listirr both s off" "-and'nus- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 108 ::0 ,, 1.4 PROJECT NAME owalter Farms Sh The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board El Building Dept. 'M Board of Trustees El 1. Category of Town of Southold agency action(check appropriate'response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation,land transaction) (b) Financial assistance(e.g. grant, loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: The placement of three horse barns[(2)10'x 24"and(1)124'x 30'] approximately 500 feet from the Main Road and,25 feet'from the western site boundary. See attached letter dated 6.20.14 1 June 20,2014 NEMSCHICKJILVERMAN ARCHITECTS P.C. the business of ARCHITECTURE." Southold Planning Board Southold Town 54375 Main Road P.O. Box 1179 Southold,New York 11971 Re: Showalter Farm Application 18625 Main Rd.Mattituck, NY SCTM: 1000-108-04.1.4 PROJECT DESCRIPTION: The placement of three horse barns[(2)10'x 24'and (1)24'x 30']approximately 500 feet from the Main Road and 25 feet from the western site boundary. All barns combined will keep 7 horses in total. All storm water runoff will be contained on site. All barns will be prefabricated and delivered thus greatly minimizing construction noise to neighboring properties. SITE USE TYPE: Developing the property for the purpose of using it as a Commercial Horse Boarding Farm Operation,which is allowed as a"Permitted Use" (see Southold Town Zoning Code 280-13),and will provide the following services: "The keeping,breeding,raising and training of horses,"and will include the care,custody and control of the horses, as well as paid private equestrian training sessions,training both the horse and the rider individually,as well as simultaneously. These services will be provided to those who are boarders(horse owners),or equine lessors(those who lease a horse/(s)),who keep and use their horse/(s)on the property. The operation will also include the production of field,garden and/or livestock crops(e.g. hay,grain,oats, etc.). This definition is in line with the NYS AML301(13),as we intend to board at least 10 horses(regardless of ownership)by the end of our first year of operation. Please note:We do NOT consider our operation to be a "Riding Academy"or"Stables",which we view as a much larger and more formal operation,offering more extensive equine services to the general publicregardless of whether the individuals receiving these services own or lease a horse from the farm. According to NYS Department of Agriculture AML305-a,a "riding academy"includes all the services included under a Commercial Horse Boarding Farm Operation,PLUS riding lessons to the general public, public trail rides,and other more public commercial equine related activities. Please contact our office should you have any questions or require additional information. Thank you. Sincerely, Ray N Ray Nemschick,AIA Principal 33106 MAIN ROAD 9 CUTCHOGUE, NEW YORK 11935 • 631 734 7007 telephone 9 631 734 7347 facsimile . www.ns-arch.com 18625 Main Road;, Mattituck NY 11952 Location of action: 24.18' Site acreage: Agriculture/Reisdential Present land use: AC/R40 Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: Ray Nemschick, RA (a) Name of applicant: 33105 Main Road Cutchogua;NY (b) Mailing address: (c) Telephone number: Area Code( 31 734 7007 6 (d) Application number, if any; Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes No MJ If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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. Ell Yes Q No ❑ Not Applicable Preserving open space and local farming practices-see Attached iletter dated 20 14:: Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria Yes 1:1 No El Not Applicable 1 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 6 through 7 for evaluation criteria 10; Yes E] No ❑ Not Applicable All existing barns will be resided aliko to creato continuity with new proposed barns 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 All rainwater runoff is and:will be retained on the:site. Attach additional sheets if necessary Policy S. Protect and improve water quality and supply in the Town of,Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ll.`: Yes El' No ❑Not Applicable All rainwater runoff will be contained on site, 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. Q 1:1 rx1' t Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. I Yes Q No Not Applicable AlLiconstnxtion equipment will meet federal standards for air quality. All MEP systems will meet or exceed all Federal, State or local codes for air pollution discharge, - —" Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. l_l Yes No ❑ Not Applicable All construction debris will be disposed d properly and or recycled.All wastewater vvill be discharged into ah-S sanitary system 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. r] 41 No� Not Applicable No public land is involved. Attach additional sheets if necessary WORKING COAST POLICIV CI� Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III Policies; Pages 47 through 56 for evaluation criteria. Yes E] No F]Not Applicable all neighboring properties are residential and 4ricutural and will remain as such. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes El No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. Yes El No❑ Not Applicable The proposed actions will cs ntinue the"right to farm"ideals of southold town Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes F] No'M Not Applicable The owner,is pursuing possible solar array for electrical generation. PREPARED BY_ L TITLE IN61 M DATE � 0 . 0 0 MAILING ADDRESS: PLANNING BOARD MEMBERS �pG So(/T�, P.O.Box 1179 k DONALD J_WILCENSKI �� �l0 Southold, NY 11971 Chair AL OFFICE LOCATION: OW WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH IIIQ (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR CoUSouthold, NY Telephone: 631765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: June 20, 2014 Re: Payments Please deposit the attached check into B691: Deferred Revenue. Fee is for a Site Plan Application not yet accepted by the Planning Board. Applicant/Project Name & Tax Map Amount Check Date/No. Type # Showalter Farm Site Plan Application Fee 108-4-1.4 $500 6/20/14-#248 LR Aft. S AL Po BO CUTC Pay x v ka #a �,` . . 1:02 L4079 i2 704 ?8482 `��' 0