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HomeMy WebLinkAbout6778 e' s �- 5��. I BOARD MEMBERS *pF SOSouthold Town Hall !/ly Leslie Kanes Weisman,Chairperson � Ql0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes #[ Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �Q i� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �y00UNTY,�� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631)765-1809•Fax(631)765-9064 ^^ uu d� 2'3a DU, 1 1 % '4 a4ut oQnwA 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 SEQRA 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 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. 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 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. 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. 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 a minimum of once per week. with the l4erse Fafm Gr-azifig and Pastur-e Management Plan submitted by Shewaher-Famis, , da4ed Nevember 21, 2013. 9. This Special Exception Permit incorporates the terms of the Land Preservation Committee Approval dated jantiary 8,2 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, Dames, 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). eslie Kanes Weisman, Chairperson Approved for filing f�, /� /2014 BOARD MEMBERS ySouthold Town Hall Leslie Kanes Weisman,Chairperson SSV j53095 Main Road•P.O.Box 1179 � Q! Southold,NY 11971-0959 Eric Dantes #[ Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'YCQ�My,N Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD aAd hAd-, a SLP Tel.(631) 765-1809•Fax(631)765-9064 N,cklf %uat&ho1dZnYe4r 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 II 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 /� /l0 /2014 X10.00 r DRAINAGE CALCULATIONS 05E NATERIAL AREA (5.F) X RUNOFF COEF = E00V DRAIN DE516N X DE51ON RAINFALL = DE5167N VOL. (6.F.) 4 STALL PRE-FAB CLEAN SAND ROOFING A5PHALT 3 5TALL BARN : 720 5.F. X 1.0 X O./6 = 11..2 6.F REQUIRED / 144.0 G.F. PROVIDED - BARN LIGHTING SCHEDULE CLEAN Eie ND 5HINOLE 2 5TALL BARN : 240 5.F X 1.0 X 0.16 = 38.4 c.F. REQUIRED /60.0 G.F. PROVIDED 5HOULO B --0 fULLY 2 .00 TYPIG�L A (SEE SPEC) LDED FIXTURE X15TIN& A5PHAL T D 0 Z E ROASUPFAGEy SHEILDED PAR FLOOD OQ O [3 (SEE SPEC) PARKING PROVIDED{:�. .i:•..• X 1111NO TO DE 00 '•'•• ��_•• •�:~°4••• •�'�' 4 , � C3TE• ALL LIGHTING o0 a o 0 ooa a I SPACE PER 1000 65F 4 SPACES i ^� - A MOTION ACTIVATED. Doo'�Qo00 0°0 ° GLEAN ORAVEL FILL. � ' o� O 00 0 0 I SPACE PER EMPLOYEE 4 SPACES {� B o FILTER CLOTH O F Qo a a o°o°oo ° a °° TOTAL = b 5PAGE5 .J� } °o o ° = UNEXCA VA TD 501Lnow Z3 — . Nk Qp0©�O ° �� ir ' n rnt �e - Q o° Q 00 D 0 p �* btwearp 0 O SZ 'III'IIIII y Iai f Q Ill!!= I r t5 f O w 24" DEEP X 18" WIDE GRAVEL INFILTRATION TRENCH DRAIN C7= A N L7E TVP. EA DARN) 56AL.E= N.T.5. gq Ilk a� 9 .v 4 t � � ra ;, �i c. . �Yat�itrq�•t Aibnse �"!�;ag,;`._: ke �-=r/ AL ;P/ 0 P/ /A N �L OCA T/0N MA 56ALE = N.T.5. 56ALE = I" = 40'--0�„ Map of "Eli oh's Larne Estates, Sect. 3" Filed"Ell as File # ggl3 Map of "Eli oh's Lane Estates, Sect. 2" Filed I�-08-clb as File # gg12 .Iwo' m S tr - 9 3 .0 9 Development Development J 54000115011E Rights Sold Rights Intact x 20.00 Acres 4. 18 Acres 40.51 ' 536031 '50"E 423.30' S34°42'50"E 4q2 1 HIRE ice. 643.60' 55-7002'50"E I o I II .40 ON P/L 535051 '50"E366.3-1 536052'50"E 538 30 30 E p53-7°36'30"E 2�f-7.63' 6-7.36' I __ __ 162.�f3 101 .201 –'--•--•--•--.--•--•- -•--•--NEW FENCING (TVP) cSJ I Lana of I — Q� New York State 0 dRedwge Arad ki o .9 `\1 j i Ln �0 N ' I PADDOCK AREA 536 04q'33"E 303.33' \! PERMEABLE DUSTLESS �– ' PAVING AND UN-OBSTRUCTED – o ` 15-0" W ACCE55 TO T j � ; �o \� I PROPOSED BARNS / 8-5TALL 3-STALL ' STRAW BALE , BARN BARN EXISTING SINGLE'� O I R- 0 DWELLING OV 4 0 2460.441 / UTDObR TRAIIJING AREA -- --� __ - -- - ---- -__---- I I : PERMIABLE SAND 5URPAC6:; • MAILING ADDRESS: PLANNING BOARD MEMBERS *fjF StiP.O. Box 1179 DONALD J.WILCENSKI ��V` Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERSTown Hall Annex PIERCE RAFFERTY G • Q 54375 State Route 25 JAMES H.RICH III 'tel ^ate (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDORyCQ(IN����. Southold, NY Telephone: 631 765-1938 www.southoldtowimy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD 0 MEMORANDUM IIECEI EU To: Leslie Weisman, ZBA Chairperson E30ARD OF APPEALS Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman, Members of the Planning Board 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-401 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. OFFICE LOCATION: MELISSA A. SPIRO '*0f soyo Town Hall Annex LAND PRESERVATION COORDINATOR �� 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 CA Facsimile(631)765-6640 '��! �Q MAILING ADDRESS yNuIM, P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION4 TOWN OF SOUTHOLD �/� n/` /k' lig 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 j f1� 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, Melissa Spiro Land Preservation Coordinator MS:md cc: Planning Board Building Department Zoning Board of Appeals Page 3 of 3 OFFICE LOCATION: MELISSA A. S PIRO '*0 so Town 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 ' `tel �� MAILING ADDRESS yCOUNN P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD '%7 TY RECEIVE To: Leslie Kanes Weisman, Chairperson BOARD OF Zoning Board of Appeals ANPEAL From: Melissa Spiro �� Land Preservation Coordinator Date: December 2, 2014 Re: Revised Land Preservation Committee approval for Showalter Farms, LLC SCTM #1000-108.-4-1.4 On November 25, 2014, the Land Preservation Committee made revisions to an approval granted on January 7, 2014 (letter dated January 8, 2014) for Showalter Farms, LLC. The attached December 2, 2014 letter contains the November 25, 2014 revised approval. Please re-open the Zoning Board of Appeals hearing to add to your file the Land Preservation Committee's revised approval as described in the December 2, 2014 letter. attachment 08/0512014 09:31 631-853-4044 S �._ PLAHING DEPT PAGE 02 6At 0 I • COUNTY OF SUFFOLK Steven Bellone S OLA COUNTY F.XF,CUTTVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissione and Environment August S2014 Town of Southold , Zoning Board of Appeals 53095 ..Main Road P.O.Box 1.179 Southold,NY 11971.-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections 14-1.4 thru A 14-25 ofthe Suffolk County Administrative Code, the following application, submittcd to the Suffolk County Planning Commission is to be a ..atter for local determination.as there al pears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval, Applicant Munici al He Number Windsong Cove, LLC 6776 Keating. A& Sharp C 6777 Showalter Farms, LLC 6778 Very truly yours, Sarah Lansdale Director. of Planning Theodore R. Klein TRK/cd Senior Planner H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL 4WY,4th F1■P.O.SOX 6100■HAUPPAUGE,NY 11788.0099■(631)a63.5791 �v )V "x FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT G SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL i . 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 t.3 County Tax Map No. 1000- Section 108 Block 4 Lots 14 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. Si nature 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. A-G --yam ZONING BOARD OF APPEALS ` RECEIVED TOWN OF SOUTHOLD,NEW YORK Phone(631)765-1809 (631)765-9064 0-7-79 APPLICATION FOR SPECIAL EXCEPTION Ju.. 1 1 1014 Application No. Date Filed: TO THE ZONING BOARD OF APPEALS,SOUTHOLD,NEW YORK: BOARD OF APPEALS Applicant(s), l ` �• 1 �, '( QQII// I� L d� l' }�-� of Parcel Location: House No.1LI4 Street 1'I kW ry. Hamlet M 1 1 t Q c Contact phone numbers: &�, i !3W 41M SCTM 1000 Section Block Lot(s) .4 Lot SizembZone District hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE,ARTICLE'I ,�SECTION r 'SUBSECTION 1Z for the following uses and purposes: �-�1.61�y a• IV�j NJ'•t as shown on the attached survey/site plan drawn to scale.Site Plan review vi IS or[ ]IS NOT required. A.1/Statement yyof Ownership and Interest: V VIPC r, *.�WkVfierZ is(are)the owner(s)of property known and referred to as !ao hI P-,R F'Arq,4 J (House No.,Street,Hamlet) identifiedon the Suffolk County Tax Maps as District 1000,Section�,Block ,Lot T"J and shown on the attached deed. The above-described property was acquired by the owner on � ri ; 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 f'1(J D 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. i COUNTY OF SUFFOLK) ss.: l STATE OF NEW YORK) Sworn to before me this day opdu ,2014- . LAWRENCE E.SI VERMAN U&ar,y Pofic) Notary Public,State of New York Reg.No.01514977025 Clualitied in Suffolk County Commission Expires January 22,2Qpr RECEIVE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD,NEW YORK a 1 C n 14 Phone(631)765-1809 (631)765-9064 APPLICATION FOR SPECIAL EXCEPTION BOARD OF APPEALS Application No. 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: 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: W� t-►Nvi� til tzl(sUr to a 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: SCG ZoM*, 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: W� RUL, L'l ft A*fD r", 1 w-, Vial T4-, GOM 1' V 0117 . F. All proposed structures, equipment, and material shall be readily accessible for fire and police protection BECAUSE: lr�� Dc� P�oVtn�� � I��o`lv►Ilr� ���-!�5 12�0� ro PNU, N6I7615" X12 JGn1i . G. The proposal shall comply with the requirements of Chapter 236, Stormwater Management BECAUSE: APPLICANT'S PROJECT DESCRIPTION APPLICANT:�I�c� 1`6+4ql DATE PREPARED: 41 VED 1.For Demolition of Existing Building Areas 6779 t _ Please describe areas being removed: BOARD F APPEALS 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: IH.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: ��t V.Purpose of New Construction 2 10 X 1� X G 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): tlkr - t bl V I PFK r Please submit 8 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 July 10,2014 NEMSCHICK SILVERMAN ARCHITECTS P.C. the busi eC&jVC0ITEC JRE." Southold Zoning Board of Appeals (Q -7��'4ppp Southold Town Hall Annex 1;� /�0 54375 Main Road P.O. Box 1179 Southold, New York 11971 BOARD OF APPEALS Re: Showalter Farm Application 18625 Main Rd. Mattituck,NY SCT M: 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 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 ' k Ray Nemschick,AIA Principal 33105 MAIN ROAD • CUTCHOGUE, NEW YORK 11935 • 631 734 7007 telephone • 631 734 7347 facsimile • www.ns-arch.com RECEIVED (p��� QUESTIONNAIRE SPECIAL EXCEPTION FOR FILING WITH YOUR ZBA APPLICATION �OA D OF APPEALS 1. Has a determination been made regarding Site Plan review? Yes - - 0 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 thereproposals 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? fid 5. Are there any patios,concrete barriers,Pulkheads or fences that exist that are not shown on the survey that you are submitting? 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 building permit and survey as approvedby the uilding Department and please describe: 1' n6 f'?ft4FMMP_- 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 parcelA_0 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-proposesdd ' R16 i� 1 1• (ex:existing single family,proposed:same with garage,pool or other or vacant proposed office with apartmentsts a�etc.) /""�z �-I 0.10i y! tlth0 ' d ' ature a d Dat 0 • , AGRICULTURAL DATA STATEMENT RCEIVE® IS ZONING BOARD OF APPEALS 77g n TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any specigni0F AP site plan approval,use variance,area variance or subdivision approval on property within an agricultural PEALS 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 1. Name of Applicant: 2. Address of Applicant: I MAI 3. Name of Land Owner(if o er than Applicant): 45;(ki-imAorltz, 4. Address of Land Owner: a 5. Description of Proposed Project:( .( 6. Location of Property:(road and Tax ma number) ' bt0- 109) 7. Is the parcel within 500 feet of a farm operation? b&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. W Y4 So 5 t X Wmt* 2. CZ Lai • lof>, 2. *2 '115, 0� 3. L MA q,, 4. L i ) Loi' - I'll. ? yI 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. RECEIVED 617.20 a loIP, Appendix B Short Environmental Assessment Form BOARD OF APPEALS Instructions for Com letin Part 1 -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 Pro ect 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 Road and 25 feet from the western site boundary. See attached letter dated 6.20.14 Name of Applicant or Sponsor: Telephone: 631 734 2440 Ray,Nemschick, RA "'E-Mail: nnemschick@ns-arch.com Address: 33105 Main Road , Cit /PO: State: Zi Code: Cutchogue NY Zip Cod 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 AZIPPA, 3.a.Total acreage of the site of the proposed action? 0.50 _acres b.Total acreage to be physically disturbed? 0.50', w acres c.Total acreage(project site and any contiguous properties)owned M.- or controlled by the applicant or project sponsor? acres ...._........--.-...................._._............... .... �.............. ._._..._._.Y---__.........�._� 4. Check all land uses that occur on,adjoining and near the proposed action. M Urban [:]Rural(non-agriculture) [-]Industrial ❑Commercial Residential(suburban) ❑Forest Agriculture ❑Aquatic ❑Other(specify):,. ❑Parkland Page 1 of 4 RECEIVE t 5. Is the proposed action, (1 .i NO YES N/A a. A permitted use under the zoning regulations? ❑ El b.Consistent with the adopted comprehensive plan? BOARD OF APPEALS X' 6. is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? F 0 ....-..m..........._.........__....................... .._._._._..........._.._...._........ .... __ .. .�.�........... � .. �► 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 —...... __... ..................._ M 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO 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 1_! 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: ........................_...- ...................:._...................................:. .... X II 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: M I� 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment Not required 12. a.Does the site contain a structure that is Iisted on either the State or National Register of Historic NO YES Places? X ❑ b. Is the proposed action located in an archeological sensitive area? x 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO I YES wetlands or other waterbodies regulated by a federal,state or local agency? }( El 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: UJ Li w......:..: .... 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: C1 Shoreline El Forest Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed tNO by the State or Federal government as threatened or endangered? El 16.Is the project site located in the 100 year flood plain? 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? X�NO YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes briefly describe: ❑NO 3YES Gravel Infiltration Trench Page 2 of 4 • 18. Does the-p roposed action include construction or other activities that result in to NO YES water or other liquids(e.g,retention pond,waste lagoon dam)? If Yes,explain purpose and size ���r+, Lt r r}..1. .................................... ................................ ._.. ....... ......... .:,....._ _ _.w,.. ...... 91 19. Has the site of the proposed action or an adjoining property been the locER;P rf alh`or' "closed NO _ YES solid waste management facility? If Yes,describe ("-1. 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 El 11 I AFFIRM THAT THE INFOR I PROVIDED BOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor �'� Date 6. ��• 1 .:...:,:W __......— _.............................._...................._.... ............._.. .._.................................... 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 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 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? E 1 3. Will the proposed action impair the character or quality of the existing community? EJ 1:1 4. Will the proposed action have an impact on the environmental characteristics that caused the i—"l establishment of a Critical Environmental Area(CEA)? _ 5. Will the proposed action result in an adverse change in the existing level of traffic or D affect existing infrastructure for mass transit,biking or walkway`? _.W. _ ......__.__... .....� _._W... .--- ._._....._....._..........._....__.............._ 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate Q ' reasonably available eneM conservation or renewable ever y o ortunities? El 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? El 1, _ ....... -_..._..........._.... 8. Will the proposed action impair the character or quality of important historic,archaeological, (� architectural or aesthetic resources? LJ 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 ' Q 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. El "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. Town of Southold-Board of Trustees .. ...................................... ......._......, _- .................................................. ....u... Name of Lead Agency (late President ..... ......... ... ...... ._ _ _..................... .. ,....,.____ ................_.. .. _ . ..-.. ......... _....._.. ...... 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 Froin Responsible Officer) PRINT Page 4 of t RECEIVED 779 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary t{o avoid same. L-i Ar YOUR NAME : f" 14m�5qll6i�- jLast 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 X1Trustee 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 q ,20_14 Signature Print Name APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to nrovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same.. YOUR NAME 7nc ^� L' �� d --�— (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) RECEIVED TYPE OF APPLICATION: (Check all that apply) IIIIIVJJ77 9 Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion ®� APPEALS Approval of Plat Mooring SOARD 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 w 'ch 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 a pplicant/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 C'� Submitted day of ,20 � Signator / Print Name C 1 1 t LLx-� e Ar RECEIVED 0 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS 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 si dficant beneficial and adverse effects upon the coastal areawhich includes all of Southold To 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 each answer,must be agtain6d, in detail Big" both suor'tain ,and non- _a 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# PROJECT NAME IShowalter Farms The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board ED Building Dept. [N Board of Trustees 1. Category of Town of Southold agency action(check appropriate'response): (a) Action undertaken directly by Town agency(e.g.capital t 1 construction,planning activity,agency regulation,land transaction) F (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)24'x 30] approximately 500 feet from the Main Road and 25 feet from the western site boundary. See attached letter dated 6.20.14 RECEIVED 18625 Main Road; Mattituck NY 11952 Location of action: Site acreage: 24.18 BOARD OF APPEALS 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: (a) Name of applicant: Ray Nemschick,RA 33105 Main Road Cutchogue NY (b) Mailing address: (c) Telephone number: Area Code 1631 734 7007 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes El NoEl 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. FT Yes F No ❑ Not Applicable Preserving open space and local farming practices'-See Attached letter dated 6.20.14 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 No 0 Not Applicable QE�Rm�- * RFCEIVE[? M, tji Ell r4 G1 BOARD OF APPEALS E F1 Id I 7r ISSUED TO Pit*40ftAw DATE .) -► 1—I 14 ADDRESS 18` 5 IQcutt � lY1a�'ftlGk • This notice must be displayed during construction and returned to Building Dept, to get a certificate of occupancy upon completion of work. BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N.Y. co )t? 3 ,w)S a f ' RECEIVED (q-77g PINDAR VINEYARDS LLC l, A , 201 a New York limited liability company BOARD OF APPEALS 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 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"). t 71 WITNESSETH: BOARD OF APPEALS 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/M063710/0049930 2 IN WITNESS WHEREOF,the Grantor has duly executed this deed the day and year first above written. RECEIVED In presence of: 7th PINDAR VINEYARDS.LLC J U L 67 7K ?014 a New York limited liability company BOARD OF APPEALS By: dew Name:7 erodotus Damianos Title: Managing Member STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) On the 5'" 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 pbfi1�ate ii N Yaek Qvmifi dein 06 4912187 tuf o k County t�rt►Eaeton Expi� LXF/D928467v1/M063710/C0049930 3 • RECEIVED 0 Alt, SCHEDULE A uAkp OF APPEALS Aufti c ,Tll that certain plot,piece or parcel of land,situate, lying and being at Mown 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,I90+ 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; S. 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); 7`a/ BOARD OF APPEALS 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 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 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. ren tan•I-Oa SM-,wa•,•uJ a.r.b.4•na rn�.ar anlW Ona,Mr Nu6,WAr tppu4r coos urYru serosa Naalaaa Twi aNTaW1N�-Y W/MTMJMNt wows M WO ar YCaTlaf ONLY. TRANSPER TAX dn<,am hundred lad nlne ty-slnar 51,5-s.00 we wDemRp e,ade 0,e 70th day el Au0.uec BETWEEN w raAno4Xi, residing at 18625 Msin Road. Mactituc , New York 11952 L((q n ol,Ac Ern pan,and , a limited liability company. Y y pT NDAR VINti'YA',(1$�S having its principal place of business at lI7 Main Street, Port Jefferson, New York 11777 pony of,h,acaond P.M. TEN and 00/100---------—- wrmssM, 0/100-----------ryri'pIFssM,chat the Pony el,he firs,Par.in eonaiden,ion pl ----- paid IawIW mune,of the Gnhed Sutra. by 0w Party el,he ecmnd pm.d—herchy cora,and rtkau unb thr Pare•of,he eeennd pan:,he heirs er aurceaaer.and ayitr,+of,Fe parry el,he ucond Pan forever. PARCEL`cemin Pl.!.P;.,or Paael of land.a�wlslOUHfka0s0wRRaMaXRBtf1m01sY I84a1a08laE ahw,t, ty;"a,d beinr X%X*at Mattituek, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: NECINNING at a point which is the southwes`erly corner of the _ to be described, which said point is distant the following two 72) courses and distances from a monument on the premises about n Road (State Route 25) distant 1,1901 feet northerly aide of Mai westerly Efrom theLcornerane formed ormedn...herlyby the nside of main f easterly MainRoad (State .1de of Route 251: Ph0."EL 1 Course 1. Running along the northerly side of Main Road, South 76 degrees 45 minutes 77 seconds West 244.00 OPCe X.ATK,X feet, seconds West 298.33 1000 Course 2. Thence North 14degrees sE24 minutes 57` feet to said point - A0. 04.00 NING 00 RVNNIhC ]'HENCE from said point of beginning along len now o formerly of Henry Rutkoaki and Helen Rutkoski the following two (2) t.,,,,0U I-on1 Courses and distances: 1. North 74 degrees 24 minutes 57 seconds West 26.67 feet: 2• North 76 degrees 09 minutes 4Sseconds West d2672 97 fest to land now or formerly of LongIsland RUNNING THENCE along said land now or formerly of Long Island Railroad, North 46 degree ef1E111 ahs esLane21 sEatates,a5ecst 3ione 7 filed 9 feet to land as shown on the Map S 10/9,96 as Map Number 9911; nd RUNNING THENCE along said land on said map l0/s/96ona map dNumber on e Map o: Eli;ah's Lane Eetstcs, oettion 2, ed 9917. the following eight (a) courses and distant^-e: , _•. .,.:. REC IVED 77 JlA I I BOARD OF APPEALS 1. South 40 degrees 09 minutes SO seconds East 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East 423.50 feet.- 3. eet;3, South 34 degrees 42 minutes So seconds East 492.40 feet; 4. South 38 degrees 31 minutes 59 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 So seconds East 162.95 feet; _ 0. 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 t7 seconds west 170.98 feet to a monument; RUNNING ='HENCE westerly through land of Agnes B. Graboski, which line is also the northerly side of Parcel II, South 76 degrees 4S minutes 37 seconds Nest 230.30 feet to the point or place of beginning. 3UBJECT TO an Agricultural exemption assessment pursuant to Article 25-AA of the Agriculture and Markets Law. BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first part by deed dated March 13, 1952 and recorded in the Suffolk County Clerk's Office on October 22, 1952 in Liber 3425 Page 444. — p�$CEL II ALL that certin 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 Sufolk a:,d State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road where PARCEL I1 the same is intersected by the South west corner of land of New York State (Recharge Area) and the South East corer of the premises about 3� to be described herein; said point being also distant 1190 feet mora 01s�. 1000or less westerly as measured along the northerly aide of !Iain Road Sec. 108.00 frog the corner formed by the intersection of the easterly side of Elijah's Lane with the northerly side of Main Road; 81k. 04.00 BUNKING THENCE from said point or place of beginning along the Lot 001.002 northerly side of Main Road, South 76 degrees 45 minutes 37 seconds Nest. 244,00 feet to land now or formerly of Edward P. Rutkoski; P.UNNING THENCE. along said land now or forcerly of Edward F. Rutkoski and a'_org landow or formerly of Henry Rutkoski and Helen Rutkoski North 34 degrees minutes 53 seconds west 298.33 feet; RUNNING THENCE easterly through lard now or formerly of Agnes B. - Graboski North 75 degrees 45 t;inutes 37 seconds East 230.30 feet to a monument set Cr, 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 <9 minutes 33 seconds East 303.55 feet to the point or place of beginning. RESERVIN3 to the Party of the First Part the exclusive poccession and the use and enjoyment of the above described premises for and during the natural lifetime of the Party of the First Part. BEING AND INTENDED To BE part of the same promises conveyed to tht party of the first part by deed dated March 13, 1952 and recorded in the Suffolk. County Clerk's Office on October 22, 1952 in :,fiber 3425 Page 444. • �,'t J �1. RECEI��� `ZO14 gOp�,� �o� �:QQFALS i F. �j I I; i I RECEIVL•D 1i988F9152 Fi': rF RECORDED bhimbtl afpagts I -cr o 9 7)99 p ,... 1'ONRF.NS 07 50 y 3 3u M, 39 %erial. Ccnificalta ^- --=•-.•' CLLb.ti OF :UFFOL6 C4;',JY Item Of.a06380 LkeJ/Alungle Inslrunrnl Utd/A1r .-Tax 51anq, R,—ing I Filing Simps FELS rage/Filing Fte 1_ blwlgagt Alm. handling =.• I.Ibsic Tu Tp•Sla S __ I.Additional Tax Nmmi- _ Sub Total CA-31 H(County) _� Sb Tmd 30-- SpcMasil. EA-5217(M-) -_�S - or �rT' St-/Add. x.l'T,S.n L(A'0/yFa' TOT.WTO.TAX Cmmn,of Gl. 1 Oj}`- .ly' '7a I7rv17own_qul Comxr_ IIeW lw AVMtlionmem_ AMIsO .• / Tnmftr l'.. Cenificd Cory Y yq?� m swio.Tax — 'Ilrc puptny cowzcd by Ibis mortgage is w Reg.Cupy rill be imp,—d by a not or Ivo family _-^5ub Total ) -- dweRing only. U:Irr Y's wN0 URAND 1'01 At. /�^ _ If NO•sct appupri;m uz cLusc nn pagr M -oflhls bman.Irla. Red Itnpcny'llz Sen•ice Agency VpiHcaliml f Cnm)nunity l'rCAmation Pund �.CK IXu. Scrlinn hlnck lata Gnnal9cmlinn Anloum$-,UJjkojp Damp 1000 !06.00 0"0 001.001 C/'!'T'nR RERIVED lmlaa.tu x �`�/ Vacanl I-d 7 alisfadioxs/Divhargca/Rckares Liu Irmpcnr0-m Mailing Ad es RF.C'oRD&RETURN TO: $EP 091999 11) _ Lark 6 Fol ca. Esgs. C1:1.°`AUNrrY TDy.0. Box 973 i P�;:`.!lv.6TION Cucchoguc, NY 11933 3•UN0 a Title Company Information Co."'- Ch" o Tlt le Ing. Co. V-a g90MOfAig Suffolk County Recording&Endorsement Page Thi.ingc form%lticlofllxaaxhW BARGAIN b SALE DEED mgde M: (srl�u�YlYrlsor•)r�slxunUxrl ACNES B. ORABOSKI • 111 pebd3cl,hReie is sibminl in S9 R�I•'OI.KC(x1,YlY,NIiW 1'(11tK. TO in Ox'Pnumhip or SOUTHOLD FINDAK VINEYAR95 LLC In NII VILLAGE Or IIANIllirbf RATTITUCIC I:OXL'4S111RU9Ml1Sl'01?•IYI`0(Xt PRINMU IN M AXINKL LY PRIM lU IUXXXUXNG UR FILM 1.!1- (OVER) RECE�VED BOARD OF APPEALS FORM NO 4 i!) --� TOWN OF SOUTHOLD W BUILDING DEPARTMENT - Eu C:=) a Office of the Building Inspector ,., r-. Q Town Hall CLLJ L- Southold, N.Y. Ce PRL EXISTING Q CERTIFICATE OF OCCUPANCY co • No., Z- 26679 Date: 09113/99 THIS CERTIFIES that the building; DWELLING & ACCESSORY Location of Property 18625 MAIN RD MATT.ITUCK (HOUSE NO.) (STREET) HAMLIST) County Tax Map No. 473889 Section 108 _ Block 0004 Lot 001.001 Subdivision Filed Kap No. Lot No,. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z 26679 dated SEPTEMBER 13, 1995 wax; issued,; and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH COVERED FRONT PORCH AND ACCESSORY BARN.* The certificate is issues! to AGNES B. GRABOWSK (OWNER) of the aforesaid. building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL. CERTIFICATE No. pjA, PLUMBERS CERTIFICATION DATED N/A t *PLEASE SEE ATTACHED INSPECTION REPORT.. BUILDING DEPARTMENT TOWN OF SOUTHOLD V) J HOUSING;:CODE INSPECTION REPORT Q ON :�. a 9A62S.MAIN.R7] MATTIT[?CX � O < rL LOCATIONS Q SUBDIVISION: MAP NO.s LOT (s) Lu U V� O MM OF O'iiiWR (S) Ar=NEs a_ CRAHOWSlaQ LLi OCMANCY: SINGLE FAMIr.Y AaNES:$._ GRABOWSKI � � < Q ADMITTED SY.:; j(rCTOR GRAHO MIT ACCOWAN19D BY: o co , KEY AVAILABLE SUFF. CO. TAX.MAP NO.s' 108,-4.1.1 SOURCE OF RIIQUEST: LARK & POL3!5. ATTORNEYS DATE; 09/13/99' �r.nac. ';TYPE OF CONSTRUCTION: WOOD FRAME # STORIES. 2.0. # EXITS:, _4 VOtrMATIONs STONB CELLAR: 1/4 _ C#AWL SPACE s 114. TOTAL ROONSs IST FLR.: 2ND FLR. 3RD FLR.i _0 BATHROOM(S) -. 1.0 TOILET ROON(S) : 0.0 UTILITY ROOM(8) : PORCH TYP8- FRONT COVERED DECK TYPE: PATIO TYPE;: BREEZEWAY FIREPLACE: 2 * CARA6Ea DOMESTIC HOTWATER: YES TYPE HEATERS Our• AIRCONDITIONING: TYPE ASAT: OIL WARM AIRS; HOTHATER: X> OTIM: PIREPLACAS 1 OPERATIONAL 6 i CLOSED OFF ACCESSORY STRUCTURESS GARAGE, TYPE OF CONST.t 2 CAR WOOD FRAME STORAGE, TYPE CONST.s: BARN STRUCTURE SW3XWNG POOL:; GUEST, TYPE CONST.: , OTHER VIOLATIONS: CHAPTER'45 N.Y. STATE UNIFORM FIRE PREVENTION 4 BUiLviNG CODE; LOCATION ! DESCRIPTION f AAT.: I SEC. l { 1 ._ t i I t I 1 ;' t 5URVEY OF PROPERTY SITUATE: MATTITUGK TOM OF 5OUTHOLD owl 51JFFOLK GOUNTY, htY J j At " .e G,9LTIFtED Tom. W F,r' O A6WSS.. I dta. ,.�1•' � c�C. �'..' A.9NL7 9•G41AEfSrv5Kf. � �• Q r KGF PaM�. i it-It t �k s, u^•, Detail ` 5c.alo�h"= RECEIVED (a 719 11.11 t 1. 1014 BOARD OF APPEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, �` JY1lJrZ�Iv residing at �7 (Print property owner's name) (Mailin Address) do hereby authorize (A ent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. S-1 Af--� per's Signature) (Print Owner's Name) f RSC*ED, �'7 F ApPEA�'' Nemschick Silverman Architects P.c. BOp,R� . . . the business of ARCHITECTURE." F - f , P View from Main Rd ,4 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 f s x RECEIVED � 'JUL 1 1 t , BOARD OF ,APPEALS View West of farm property 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 VN OF SOUTHOLD► PAPER 'Y RECORD CAe STREET -,` 'h �VILLAGE DIST. SUB. LOT r N E ' r i.r: +t.") S/ W TYPE OF BUILDING r. ARM comm. MICSt„ Mkt. Value )TAL DATE REMARKS -7 Do S C:7 �.F ( C) G l -0-0 0 A&- cco lac�b a l l 17 -a _DING CONDITION z � �t CA S 3ELOW ABOVE i T clue Per Value Acre `s L FRONTAGE ON WATER Ii RECEIVE . FRONTAGE ON .ROAD DEPTH +� BULKHEAD aPPEALS BO KI) U1 DOCK KECEIVEI- CALOR: TRIM C LA A .................... ill�l, II I w . _T .. 11-1 -7-4� --- -------- oda --------- ------- -1 J - ----- Foundation Both Dinette Basement' a Floors K. Fart. Walls uj a 0 4 S Interior Finish LR, Fire Place Heat DR. 77/ ad Type Roof YP Rooms 1st Floor BR. Recreation Room Rooms 2nd Floor FIN. B Dorm er brNeway u.� 4 TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET VILLAGE DIST. SUB. LOT ACR. REMA KS +_ 2- t2 C( �L Z(n 3: - - t/ �a4D --rosAi u di TYPE OF BLD. PROP. CLASS TOTAL DATE RECEIVED (.77 3 d - BOARD OF APPEALS FRONTAGE ON WATER HOUSE'ILOT t Z 5 2 p BULKHEAD TOTAL CE LOC ATIO MELISSA A.SPIRO 1 '� OF Town Hall Annex N. LAND PRESERVATION COORDINATOR 54375 Sate Route 25 melism.spiTo@tawn:southotd.ny.us (comer of Main Rd k Youngs Ave) Southold.New York Telephone(631)765-5711 Facsimile(631)7656640 MAILING ADDRESS: 1 ( P.O.Box 1179 Southold.NY 11971-0959 , l ' DEPARTMENT OF LAND PRESERVATION TOM W OF SC UTHOLD January 8,2014 DECEIVED 07 Chris S Joanne Showalter I1 (its 1015 Orchard Lane Southold, NY 11971 '� OF APPEALS Re. Proposal for Showalter Farms LLC $ �A SCTM#1000-108.4-1.4 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 surrey dated November 20, 2013 showing proposed improvements and your e-mail of January 6, 2014 which includes your Horse Farm Grazing and Pasture Management Plan and.a National.Resources Conservation Service (NRCS) Prescribed Grazing Plan dated iecemir 5, 2013. The recorded easement for this property allows land within the easement area to be used for the purpose of agricultural production. Sectlon 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 reviewlapproval does not override the need for review/approval by other-Town.Departments or agencies. 1 Your proposal for uses/improvemehin.the Easement area as presented in the above mentioned documents is for the property�wtiich i1;subject to easement to be used for boarding, breeding, raising and trainirig of approximately 30 horses. The.proposed improvements within the Easement area are: 1. Four(4)separate Stall Stables; a. Two with 2 stab 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 comer of the Easement Area as shown on the survey dated 111201201'3. ` 2. A courtyard as shown (handwnttf n)on the survey which will include cement walkways between the buildings. I 3. An area for sacrifice paddocks, as shown (handwritten)on the survey, to the east of the proposed bam stalls. _ . RECEIVED - CCJI BOARD OF APPEALS 4. A gross training area of approximately 156.5' by 74 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 instilled in the future. 6. Electric and water trenching to irr�lprovements and to paddock areas.These improvements are not shown on thei suryi y, 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. The Committee passed a motion on January 7, 2,014 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 that.;LandPreservation Committee review and approval is not required for farm irrigation systems ind fent#ng 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. I The Committee's approval of the usesfirn ov `ants within the easement does not mean that such uses will be approved or permitted Eby other,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 Iapplicale 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.ieaseint area. If you should have any questions, please do not hesitate to contact me. Sincerely, 44OLO Melissa Spiro Land Preservation Coordinator MS:and attachments cc: Planning'Soard Building Department o�Og3FF01,rc0 ELIZABETH A. NEVILLE,MMC h� l/y Town Hall,53095 Main Road TOWN CLERK o= P.O. Box 1179 COD Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 5 .F Fax(631)765-6145 MARRIAGE OFFICER '!'� O`' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �� `�►� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 16, 2014 RE: Zoning Appeal No. 6778 Transmitted herewith is Zoning Appeals No. 6778 Ray Nemschick for Showalter Farms - The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Copy of Building Permit for Pindar Permit#38617 Dated February 11, 2014, Twelve Pages of Deed Between Pindar vineyards to Showalter Farms LLC Dated December 5, 2013, Four Pages of Deed Between Agnes B. Garaboski to Pindar Vineyards, LLC Dated August 30,. 1999, Pre Existing Certificate of Occupancy No. Z-26679 for One Family Dwelling with Covered Front Porch and Accessory Barn Dated September 13, 1999, Housing Code Inspection Report Dated September 13, 1999, Survey Showing Property, Authorization Letter from Joanne Showalter to Ray Nemschick to Represent them in This Matter, Two Pages of Photos of Property, Three Pages of Property Record Cards, Two Pages Letter from Department of Land Preservation to Chris & Joanne Showalter Dated January 8, 2014, Framing Schematic Dated January 16, 2014 Prepared by Nemschick Silverman Architects, Survey of Property Showing Property as it Exists Dated July 7, 2014 Prepared by John C. Ehlers Land Surveyor, Plot and Location Map Prepared by Nemschick Silverman Architects Dated June 20, 2014, Two Pages of Plans Showing Elevation and Building Sections Dated June 30, 2014 Prepared by Engel Architects, * * * RECEIPT * * * Date: 07/15/14 Receipt#: 174917 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6778 $1,200.00 Total Paid: $1,200.00 Notes: Payment Type Amount Paid By CK#288 $1,200.00 Showalter, Farms Name: Showalter, Farms P O Box 1244 Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID:6778 10/22/ 014 110:34 6312231259 BENNETT AND READ L f� !i t� — ; PAGE A02/02 13ENNETT & READ L, P + I READ, ATT012N>hf S AT L.^W j '+ 631-283-9696 631-283-126 9 (FACSIM! LE) lr 11 i a, �l WWW-BENNETTANDREAD. GOM JQHN� HENIvETT ' p GAROL L. S P.v l NDMILL LAavE WL ARLEX;u /� OUT]I1 i N$W YORK 118ea-4aa1 B,ft1LEYI0 LAR'p((N ( y KIZ4BE t 1�LYA. JU1715.'afaounsal ����a�E�� I { I I (1('; 22- Via F csi ile 4- First Class Mail October 22,2014 504RD OFAPPEACS I; r. She hen P Kiely, Esq. ' OC ice'o T P , , ;f the Town Attorney � ;� 14 I ; J down'I Ta11 Annex 54375IRol; e 25i .n A�ttorr ' o 0. Box'11179 tfice outholdNY 11971' �I I et: Sl !welter farms,LLC— Zoni>r1g Board of A e • 1865 NYS Rt, 25, Mattituck pP ea A lice #6`778 I''� Sc #1100#1000-108-4-4.1 ; e�Mr X ely: fl`� I� I' ! I Our office represents Showalter Farms, LLC with respect t +' 'I �yesterday afternoon, please accept this corresponden a as ons ntgre t nd the tt�� + a iod for vhlch the;Zoning'Board of Appeals has to render a decision t' ' ,Ip 01'4. he' e xl't eti11 0 ' ; vember 6, I ( g irk, R t hould 1 you bave any questions with respect to the foregoing,plc se,do he litate' '''�� nderslgned. q i� ontact the ezy truly yours, ENNETT&PAD, LLP `! f '! i 1 aileY C. L � 1 Ic: o anxle andClris Showalter I 1 Z,,I d t ientslShowgter,Chria&109hmlland uzdcorrapo,dtnaV do ZDA qucbt adjournmenl,docK r t �;) ' j � �iftl it it 1011012014 10:57 6312831259 BENNETT AND REAL: LLP PAGE 01111 FAx 'T''RAN'SMISSION � 10 BENNETT&READ 212 Windmill Lane Southampton NY 11968 631-283-9696 Fax: 631-283-1259 To: Town of Southold Zoning Date: October 10, 2014 Board of Appeals Fax #: (631) 765-9064 Pages: 11, including this cover sheet. 'From'. John Bennett – Subject: 'Showalter Farms,LLC Sent by: IBailey Larkin — Comments: Please see the attached correspondence. IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL (631) 283-9696 IMPORTANT : 'Phe within facsimile transmission is a CONFIDENTIAL COMMUNICATION. As such,it is intended to be viewed and read only by the individual or entity named above. If you are not the intended recipient so named,you are PROHIBITED from reading this transmission. You are also notified that any dissemination,distribution or copying of this transmission is strictly PROHIBITED. If you have received this communication in error,please notify us immediately by telephone and return the original transmission to us via the U.S.Postal Service. Thank you. 10/10/2014 10:57 6312831259 BENNETT AND READ LLP PAGE 02111 SENNETT & READ, LLP ATTaRNExs A.r Lnw 1531 P-83.9696 631-283-1259 (FAC51MILE) W W.BENNSTTANIDRFAD.cor1 JC>11Iv J. BENNETT 212 w1NDMILL LANE c-AIROLE L. READ solrrl-Am PTON. NEW YORK 11968-4.841 MYLES F.VARLEY Il BAILEY G. LARKIN KIMBERLY A. UVDD-gwwml Via Facsimile October 9, 2014 Mr, Stephen K.iely, Esq. Office of the Town Attorney Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold,NY 11971 Re: Showalter Farms, LLC Zoning Board of Appeals Application#67781 Site Plan for Showalter Farms, LLC 18625 NYS Rt. 25, Mattituck SCTM: #1090-108-4-4.1 Dear Mr. Kiely: Our office represents Showalter Farms, LLC with respect to the captioned matter. We have been advised that the Zoning Board of Appeals and/or the Phuiniang Board intends to condition the special exception approval requested by Showalter Farms, LLC such that the grant would be extinguished upon transfer of the subject property. We respectfully submit that that this proposed condition is not permissible, as the grant of a special exception approval runs with the land and cannot be extinguished through the transfer of property. The proposed condition is analogous to St Onge v Town of Colonie Zoning Board of Appeals, 71 N.Y. 2d 507, 527 N.Y.S. 2d 721 (Ct. of,Appeals, 1988),wherein the Zoning Board of Appeals conditioned approval to operate a real estate business such that the variance was temporary and the right terminated upon transfer of the property. The Court of Appeals stated: In St. Onge, the condition imposed on the variance granted by the Town Zoning Board in 1977 clearly relates to the landowner rather than the use of the land. By its teams, the condition purports to terminate the variance automatically if any persons other than the original applicants use the property as a real estate office. This is precisely the type of personal condition proscribed by Matter of Dexter v. Town Board, for it foe-uses on the persons occupying the 10/10/2014 10:57 6312831253 BENNETT AND READ LLP PAGE 03/11 BENNETT & READ, LLP ' 1 property rather than the use of the land or the possible effects of that use to the surrounding area. As this condition bears uo relation to the proper purposes of zoning,,, therefore? it was properly ruled invalid. Id at 517 (Emphasis added; internal citations omitted). We therefore respectfully submit that the Zoning Board of Appeals cannot issued its approval subject to the condition that the right to operate the proposed equestrian stables and riding academy at the captioned premises terminate upon transfer of the subject property. It was further indicated that the Zoning Board of Appeals was considering conditioning the subject grant on limiting horseback riding on farm roads to only the horse trainer. We respectfully submit that any horseback riding on the property outside the riding ring should be considered part of horse "training,"whether performed by a trainer or a horse owner, This property has received approval by Land Preservation for the purpose of"board, breeding, raising and training," As such, we request that the subject approvals not be conditioned, as has been indicated. The Zoning Board of Appeals has also indicated that they intend to limit the number of horses at the subject property. We respectfully submit that the number of proposed horses permitted an a property is regulated under New York State Agriculture and Markets Law and, therefore, should not be further restricted by the Town Zoning Board of Appeals. In addition, the Planning Board has provided draft conditions of approval, dated September 11, 2014. Condition a. would permit only"emergency personnel"to utilize Noah's Path(also known as Theresa Drive), We respectfully request that said condition be amended to read, "No ingress/egress permitted over Noah's Path (also known as Theresa Drive), except in the event of an emergency." This proposed amendment to the condition of approval would similarly limit access to the property, but would permit private vehicles to utilize this access point in the event of a true emergency (i.e, significant personal injury or the like). Condition b. states "[n]o horse shows/large events." Town of Southold Code Chapter 205 specifically addresses"Public Entertainment and Special Events." Said section provides a specific procedure for obtaining approval for the special events. While the Planning Departmentt may be involved in the"inter-departmental coordinated review" of a request for Special Event Permit, as noted on the Special Events Instructions and Application, the Planning Board is not listed as an involved agency, nor do they seemingly have the authority to overrule the provisions of Chapter 205 of the Town Code, In Sandy International, Inc. v. Korman et al., Index No. 14437/89, the Village of Southampton Zoning Board of Appeals.conditioned issuance of variance approval to require that the any further improvements to the premises must be reviewed by the Board—regardless of whether the proposed improvements were permitted as of right and thus otherwise solely reviewable by the Building Department. This Court held that the condition "purported to extend the jurisdiction of the respondent Board to matters which are within the jurisdiction of the Building Inspector and over which the respondent Board has no original jurisdiction. It was,therefore,-ameasoxnable, arbitrary, capricious and in excess of the jurisdiction of the respondent" Id at page 5 (internal citations omitted). A copy of said decision is attached hereto. In the instant proceeding, we respectfully 10/16/2014 10:57 5312831259 BENNETT AND READ LLP PAGE/04/11 1 1 V '), BENNETT 8c READ, LLP submit, the Planning Board may not condition Site Plan approval such that our client's right to apply for and obtain Special Event ,Approval, pursuant to Town Code Chapter 205, has been extinguished. Accordingly,we request that the proposed condition be amended to read"No public horse shows/large events without a Special Event Permit." We further submit that the holding in Korman applies to the Zoning Board of Appeals' intended condition requiring that Showalter Farms, LLC must return to the Zoning.Board of Appeals in the event an indoor riding ring is proposed. The Town Code does not specifically define "riding academy"or"stables." It must be remembered that zoning laws are in derogation of common law and are to be construed in favor of the property owner. See Turiano v. Gilchrist, 8AD 2d 953, 190 NYS 2d 754 (1959), Allen v Adami, 39 NY 2d 275, 383 NYS 2d 565 (1976), Arceri v Town of Islip ZBA., 16AD 3d 411,NYS 2d 149 (2005). As such,we respectfully submit that no restriction can be placed'on whether the special exception grant addresses indoor or outdoor activities. In the event Showalter Farms, LLC does submit an application with the Town for approval to construct an indoor riding ring,provided the riding ring complies with all applicable dimensional regulations (i.e. setbacks,height, etc.), no further review by the Zoning Board of Appeals is required. We respectfully request that all necessary approvals be granted at this time, without imposition of the above discussed conditions. If you would like to discuss these issues fuAher, please contact my office and we can schedule a meeting. Respectfully su d, a BENNETT Z /b1 Cc; Joame and Chris Showalter Town of Southold Zoning Board of Appeals Town of Southold Planning Board Z:OientslShowzher,Chris&losnn619W VW(OrrespondemvV toZBA mquaet ndjournme t,dua 1011012014 10:57 6312831259 BENNETT AND READ LLP PAGE 05111 MEMORANDUM SUPREME COURT, SUFFOLK COUNTY TRIAL TERM PART 22 In the Matter of the Application of, SANDY INTERNATIONAL, INC. , BY: McINERNEY J. S.C. Petitioner, For a Judgment pursuant to Article DATED: December 5, 1989 78 of the Civil Practice Law and Rules, -against- INDEX NO. : 89-14437 ELISE KORMAN, KEVIN GUIDERA, RICHARD McMAHON, HARRY MARMION and RONALD HILL, constituting the Zoning Board CDISPSJ of Appeals of the Village of Southampton, Respondents . BENNETT & O'SHEA, ESQS. DAVID J. GILMARTIN, ESQ. Attorneys for Petitioner Attorney for Respondents 212 Windmill Lane 320 Hampton Road, Drawer WWW Southampton, New York 11968 Southampton, New York 11968 In this Article 78 proceeding, petitioner seeks a judgment reversing and annulling a determination of the respondent Board of Zoning Appeals dated June 26, 1989 , which inter alis, denied petitioner's application for permission to construct an addition to a single family residence and denied petitioner's request to remove a condition on the further development of petitioner's premises previously imposed by the respondent Board. The petition is granted and the June 26, 1989 decision of the respondent is reversed and annulled. Petitioner is the owner of a single family residence located on the southeasterly corner of Bishop' s Lane and Bernadine Street in the Village of Southampton, New York. The subject property is currently I, 10110!2014 10:57 6312831259 BENNETT AND READ LLP PAGE 06/11 PAGE 2 SANDY V. KORMAN INDEX NO. 89-14437 improved with a 1 1/2 story single family dwelling, a swimming pool and outside decking. The premises are located in a district zoned R-20 which requires a minimum lot area of 20, 000 square feet and a lot width of 120 feet. Petitioner's lot is 17, 1.82 square feet and has a width of 108 feet. In 1987, petitioner applied to the respondent, Board of Zoning Appeals, for a variance to permit petitioner to locate off-street parking in the front yard of the premises . That application was granted by the respondent Board by decision dated February 5, 1987, subject to the following two conditions : ( 1) that the parking area be limited for space for two vehicles in an area 20 feet in depth by 1B feet in width, the width to be measured along Bernadine Street; and (2) that there be no further improvements to the subject premises without being reviewed by this Board. In 1989, petitioner sought to enlarge the eating area of the dwelling by the construction of an addition to an area now covered by decking, above grade, on the south side of the dwelling. The proposed addition consists of a one story, 216 square foot enclosure of the westerly portion of the existing deck. The .issuance of a Building Permit for the construction of the proposed addition was denied by the Building Department of the Village of Southampton allegedly due to the existence of the condition previously imposed which prohibited further improvements to the premises without Board review. Petitioner then submitted an application to the respondent Board which is the subject of this proceeding. Therein, petitioner requested the following relief: ( 1) permission, as required by the February 5, 1987 decision of the Board, to construct the proposed addition; (2) an order requiring the Building Inspector to issue a building permit pursuant to 5116--19(3 ) of the Village Code since the proposed addition would not increase the degree of nonconformity; (3) a variance pursuant to 9116-26 of the Village Code upon practical difficulties and (4) that the condition requiring Board review prior to the construction of any further improvements to the premises Previously imposed by the Board in its February 5, 1987 decision, be removed. On August 22, 1967, respondents held a public hearing on petitioner' s application at which no opposition was interposed. Thereafter, on June 26, 1989, the respondent rendered its written decision denying petitioner's application. In its decision dated June 26, 1989, the respondent Board found 1 10/10/2014 10:57 6312831259 BENNETT AND READ LLP PAGE 07/11 f PAGE 3 SANDY V. KORMAN INDEX NO. . 89-14437 that the petitioner' s lot was nonconforming due to its 17, 182 square foot area and its width of 108 feet, both of which were less than that required in an R-20 zone. The board then denied petitioner's application for removal of the prior condition prohibiting further improvements to the premises without board review. The Board stated its underlying reason for the imposition of such condition was that "this particular parcel presented a unique situation wherein, several times previously, construction had taken place on the parcel which was then presented to the Board as a basis for granting variance relief. " The Board found "that the imposition of the condition was warranted in 1987 and appears to be warranted at this time. " The Board further found that the petitioner had not demonstrated Practical difficulties sufficient to warrant the granting of the relief requested under 9116-26 of the Village Code. The Board made no reference to or findings with respect to petitioner's application for an order directing the Building Inspector to issue a permit to the petitioner as of right pursuant to §116-19 of the Village Code. Petitioner then commenced this proceeding pursuant to CPLR Article 78 demanding a judgment reversing and annulling the June 26, 1989 determination of the respondent Board, upon the ground that such i' determination was affected by an error of law, illegal, arbitrary, capricious and not supported by substantial evidence. Petitioner contends that the 1987 condition imposed by the respondent Board requiring review of any further improvements to the premises was illegal, void and ultra vires, as it contained no limitations and did not relate to the petitioner's application for variance for off-street parking then before the Board. Petitioner further contends that, but for the imposition of such condition, it would have been entitled to a building permit as of right, pursuant to 5116-19 of the Village Code, since the proposed addition complied with all set back requirements and would not increase the nonconformity of the dwelling. In its answer, the respondent Board .interposed two affirmative defenses . Respondent first asserted that the petitioner failed to demonstrate practical difficulty and was not entitled to a variance. Second, the respondent asserted that insofar as the petitioner seeks judicial review of the imposition of a condition in the 1987 decision of the respondent Board, the same is barred by the statute of limitations since no review of that decision was sought within 30 days after the filing thereof . The Court shall first consider the respondent Board's contention that review of the condition imposed by the February 5, 1987 decision is barred by the Statute of Limitations . Village Law §,7-712(3) , 10110/2014 10:57 6312031259 BENNETT AND READ LLP PAGE 08111 y� PAGE 4 SANDY V. FORMAN INDEX NO. 89-14437 provides that a person aggrieved by any decision of the Board of Appeals may apply for relief therefrom in an Article 78 proceeding commenced within 30 days after the filing of such decision in the Office of the Village Clerk. It is not disputed that this proceeding was commenced within 30 days after the filing of the June 26, 1989 decision denying the subject application. The issue raised by the respondent is whether the petitioner could, by requesting removal of the restriction imposed in the 1987 decision of the Board, collaterally attack the validity of such condition imposed in 1987, without running a-foul of the 30 day Statute of Limitations prescribed by S7-712 of the Village Law. Resolution of such issue requires a determination of the nature of petitioner' s application for relief from the previously imposed condition. Unlike their town counterparts, city and village boards of appeals are without statutory authority to review, upon a rehearing, their previous orders, decisions or determinations . See, Village Law 57-712; General City Law §$9; Cf. Town Law §276(6) . Nevertheless, it has long been established that city and village boards may rehear an application upon a showing of changed circumstances (Reed _v.,.--Bd. of Sta d rds, 255 N.Y. 126, 174 N.E. 301) , and may consider a new application concerning the same subject matter and premises for different. relief. See, 2 Anderson: New York Zoning Law and Practice, 525: 38, 3rd Edition. Moreover, it has been established that a city or village zoning board of appeals is authorized to reconsider its prior determination of a variance application where, in granting the variance in the first instance, it exceeded its jurisdiction. Thox Ind stri s v. zoning Board of Awls, 148 A.D.2d 457, 538 N.Y.S .2d 610; Young isr el of Scarsdale v. Bd. of Standards & ApReal8, 39 A.D. 2d 51, 331 N.Y. S.2d 105. It follows then, that a condition imposed on a grant of a variance by a city or village zoning board of appeals, which was in excess of the Board's authority to impose, would likewise be subject to reconsideration by such Hoard. See, Malena v. Commerdinger, 233 N.Y.S.2d 549 . Dere, the petitioner made a new application for different relief by requesting that the respondent Board remove the condition it imposed in .its 1987 decision granting petitioner a variance for off-street parking. In support thereof, the petitioner collaterally attacked the prior condition as ultra vires . Under such circumstances, the respondent board had the authority to reconsider its prior decision. Thor Industries v. Zoning Board of Appeals, supra; Ma ena v. Cgmmerdjaggr, supra. The respondent Board did, in 18/1812014 18:57 6312831259 BENNETT AND READ LLP PAGE 09/11 PAGE 5 SANDY V. FORMAN INDEX NO. 89-14437 fact, reconsider the validity of the subject condition it imposed in 1987, confirmed it, and rejected petitioner' s request for its removal. Indeed, much of the June 26, 1989 decision of the respondent Board is devoted to its reasons for the imposition of the subject condition in 1987, and its findings as to its continued validity in 1989 . Accordingly, review of the validity of the condition imposed by the respondent's February 5, 1987 decision, which was confirmed in its June 26, 1989 decision, is not barred by the 30 day statute of limitations . Turning now to the merits, the Court finds that the condition imposed by the respondent Board in its 1987 decision, confirmed in its June 26, 1989 decision, was arbitrary, capricious, unreasonable and in excess of its authority. It is well established that a zoning board of appeals may impose reasonable conditions upon the grant of a variance so long as they are directly related to and incidental to the proposed use of the property. St. tinge v. Donnovan, 71 N.Y- 2d 507, 527 N.Y. S.2d 721 . The Board may not, however, impose conditions which are unrelated to the purposes of zoning (Matter of Dexter v. Town B ard, 36 N.Y.2d 102, 365 N.Y. S.2d 506) or which are entirely outside the scope of the application before it. Allen v. Hattrick, �.. 87 A.D.2d 575, 447 N.Y. S.2d 741 . Here, the subject condition is, on its face, overbroad, excessive and unreasonable. It neither furthered the purposes of zoning nor was related to or within the scope of the application before the respondent Board at the time of its imposition. It purported to extend the jurisdiction of the respondent Board to matters which are within the jurisdiction of the Building Inspector and over which the respondent Board has no original jurisdiction. See, Village Code 5116-27; §43-5; IQuzoun V,-.,Deutsch, A.D. 2d , 543 N.Y.S.2d 528 . It was, therefore, unreasonable, arbitrary, capricious and in excess of the jurisdiction of the respondent. The June 26, 1989 determination of the respondent Board, confirming the validity of the condition and denying petitioner' s request to remove it was likewise arbitrary, capricious and unreasonable and must be annulled. The June 26, 1989 decision of the respondent Board failed to address or include findings with respect to the petitioner's request for an order directing the Building Inspector to issue a building permit for the construction of the proposed addition. Petitioner claims that it was entitled to a building permit as a matter of right even if the existent building was deemed, nonconforming since the proposed addition would not increase the degree of nonconformity. Village Code 116,19(3) provides that a nonconforming building devoted to a conforming use may be enlarged, reconstructed or structurally c 10/1012014 10:57 6312831259 BENNETT AND READ LLP PAGE 10/11 PAGE 6 SANDY V. KORMAN INDEX NO. 89-14437 altered provided that the degree of nonconformity shall not be increased. In addition, 5116--19 (5) permits the alteration or enlargement Of an existing structure used for a conforming use but ; located on a nonconforming lot, whether or not the building is conforming with respect to lot coverage and minimum yard requirements, provided that the degree of nonconformity is not enlarged. It thus appears that petitioner would be entitled to a building permit under either 8116-19(3) or 913.6-19(5) if the proposed construction was in compliance with all applicable laws, ordinances, rules and regulations. However, it is the Building Inspector and not the respondent Board, who must initially determine whether the petitioner's plans and proposed construction are in compliance with the laws, ordinances and the rules and regulations governing building construction or alterations . Village Code 643-5 . Petitioner has alleged that the reason that the Building Inspector refused to issue the building permit and referred the petitioner to the respondent Board was because of the existence of the prior condition prohibiting further improvements without Board review. Nothing in the record indicate; that the Building Inspector reviewed petitioner's submissions pursuant to S43-5 of the Village Code for compliance with laws, ` ordinances and rules . Since the respondent Board has no jurisdiction to originally determine whether or not a building permit should issue, the Court declines to direct the respondent Board to order the Building Inspector to issue petitioner the permit requested. Rather, the petitioner must resubmit his plans for the proposed construction to the Building Inspector for his review thereof in accordance with 543-5 of the Village Code. The building inspector must then issue the permit to the petitioner unless their is clear evidence that the proposed construction does not comply with all laws, ordinances or rules and that a variance is required. Finally, the respondent Board's denial of petitioner's application for a variance upon practical difficulties must be reversed. The respondent Board was without jurisdiction to determine the variance request since the Building Inspector had not reviewed the petitioner' s plans pursuant to 543-5 of the Village Cade and had not determined, that a variance was required. The Building Inspector required the petitioner to apply to the respondent Board for approval of its plans to construct the proposed addition under the prior condition prohibiting further improvements without Board review. Since the prior condition was invalid, the proceedings referred to the Board by reason of such condition, were a nullity. Accordingly, the Board' s finding that the petitioner is not entitled to a variance is annulled. i 10/10/2014 10:57 6312831259 BENNETT AND READ LLP PAGE 11111 PAGE 7 SANDY V. KORMAN INDEX NO. 89-14437 In view of the foregoing, the June 26, 1989 decision of the respondent Board of Zoning Appeals is reversed. Petitioner may submit his plans for the proposed addition directly to the Building Inspector. Settle judgment. J.S.G. r 1 10101/2014 12:29 6312839 BENNETT AND READ LLP PAGE 02102 XJ I I BENNETT & F?EAb, LLP V ATToRrrF-Y-3 ,AT L.Pw 631^283-9686 0,31-283-12-59 (FAGsi iLF) www.13FNNETTANOREAD,00M JOHN J. BENNETT 212 v✓INDMILL LANE GARt7LF 1. READ SOUTK40APTON. NEW YORK 11868-4841 MYLES P.VARLEY II H.AILEY G. LARKIN K1M5ERLY A. JUDD.ofcouwse( Via,Facsimile October 1, 2014 l j 1 Towr1 of Southold Zoning Board of Appeals 53095 Main Road OC I Southold,New York 11971 BOARD aFgpPEgtS Re: Showalter Fm LLC #6778 18525 NYS Rt. 25, Mattituck SCTM: #1Q00-108-4-4.1 Dear Chairperson Leslie Kanes Weisman and Members of the Board: Our office represents Showalter Farms,LLC with respect to the captioned matter. We respectfully request that the Board adjourn decision on this matter until our office has had the opportunity to discuss conditions proposed by the Planning Board with the Town Attorney's Office. We request that this matter be held over on the Board's agenda until the next scheduled public hearing, /ReSpectfulltted, T Chris Showalter Stephen Kiely, Esq. 7,:1GlientslShowthtr,Chris$loannaind uselcorrespotidencelLt to ZBA tewaea adjournmtnt.d.cx 1616112614 121:2)9 631283 9 BENNETT AND REAAD LP PAGE 61162 FAx TRANSMISSION A BENNETT&READ nit Windmill Lane Southampton NY X1968 631-283-9696 Fax: 631-283-i259 To: Town of Southold Zoning Date: October 1, 2014 Board of Appear Fax #: (631) 765-9064 Pages: 2 ,including this cover sheet. From: John Bennett. Subject Showalter Farms,LLCW - -- -- _ - i Sent by_- Bazley Larkin -— - - ---- Comments: Please see the attached correspondence .requesting an adjournment of the Board's decision. IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL (63t) 283-9696 IMPORTANT NOTICE: The within facsimile transmission is a CONFIDENTIAL COMMUNICATION. As such,it is intended to be viewed and read only by the individual or entity named above. If you are not the intended recipient so named,you are PROHIBITED froze reading this transmission.. You are also notified that any dissemination,distribution or copying of this transmission,is strictly PROHIBITED. If you have received this communication in.error,please notify us immediately by telephone and return the original transmission to us via the U.S.Postal Service. Thank you. • August 20,2014 Lucille M Sullivan PO Box 329 Southold,New York 11971 631-252-3687 n�o«aaP¢ir1lC�optonline.net RECENED Mr. Donald Wilcenski,Chairperson ,AUG 2 p 2014 Town of Southold Planning Board 54375 Main Road PO Box 1179 ZONING BOARD ,OcFA r l Southold,New York 11971 V Re:Showalter Farms, LLC 7 Dear Mr.Wilcenski: We take this opportunity to further clarify points he tonin board wrat the btt'c meeting en response regarding hat we coped you on referenced property and the points made m t g August 9,2014. It is evident that the planning board is convinced that based on information provided formation and conveys tons with Robert Somer the Showalters and their representatives,as well as in of the NYS Department of Agriculture&Markets;that ohis ducedapplication by Heathe�Lanuld za in Apal,2014 and the ered in phases and expedited. After reviewing the e-mail that p letter sent by Mr.Somers to Scott Russell,Supervisor on April 4,2014,with all attachments we would like to make the following points: First, Ms. Lanza states in her e-mail"They(the Showalters)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 tha 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, ridir lessons,etc.),and will turn the whole thing into the agricultural operation they envision." it is obvious from the actions of the planning board that the board has already determined that the Showalters have already surpassed their original representations to the planning board because they have been required to make a special exception application to the Zoning Board of Appeals. The question becomes if the application they have made regarding that application is complete. We hav, made our thoughts on that clear in both our oral statements and our letter to that board. The application is clearly not complete. The question to this board is do you consider an application to t board in phases now that their intentions are clear to all parties involved. Advertisements have beer made that reveal their intentions and it is obvious by Ms. Lanza's comments that they have already made it clear to this board that it is their intention to build an indoor riding arena,which is consisten with the advertisements made to the public. Their site plan should be considered in its entirety,the clearly no intent to use this farm personally,and it appears that they do not even intend to reside or this property. The project in entirely commercial in scope and should be considered as such. Second, I am grateful for the existence of the NYS Department of Agriculture&Markets and am enviou.- of Mrs.Showalter's ability to invoke Mr.Somers support. It is obvious that this town,as well as many others,has the propensity to"overreach"when it comes to evaluating many farming operations. That does not seem to be the case as it applies to this application. The facts of this operation are that this property has never before been used as a commercial horse boarding operation or commercial equine operation and 20 of the 24 acres of this property are encumbered by a land development easement which contains a definition of riding academy that is more restrictive that the one that is contained in the Agriculture and Markets guidelines. Page 3 of the Guidelines for Review of Local Zoning and Planning Laws states that"The Department(Ag&Markets)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. " Further on page 5 it states"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 Department understands, however,that in some cases,a publi, 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." At the heart of our objections to the board considering this application for approval as it stands at this moment is that"the nature of the proposed activities"does not seem to have been accurately represented by the applicant. The fact is that since this property has never before been operated as a horse farm any preparations made for tha use constitutes land disturbance and should be subject to the requirements of a SWPPP. At the zoning board public meeting we went through a detailed estimation of the land disturbance of proposed outdoor riding arenas(one of which has already been constructed without approvals), indoor riding arena, 15 parking spaces(required by Land Preservation committee),driveways and potential barns thz handily total more than two full acres and would therefore require a SWPPP to be in place. In addition the indoor riding arena would require Suffolk County Department of Health approval. When these and other statutory requirements are in place the planning board should review this application without delay,as Mr.Somers has indicated should be done. My final point is that Guidelines for Review of Local Laws Affecting Commercial Horse Boarding Operations and Commercial Equine Operations states: "The Department has consistently viewed the raising, breeding, boarding and sale of horses as "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 operation,which are not open to the general public,are also part of the farm operation. 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 30S-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." We will be the first to stand in line and support a change to the Town of Southold Zoning law that wouk remove riding academy from the special exception uses and include it as an allowable use under Article III,Section 280,as we have always held that it is difficult,if not impossible to operate a commercial equine facility without providing the services that constitute a riding academy under the current zoning laws. That being said,the particular piece of property in question has a development right easement or 20 of its acres that defines riding academy and precludes the operation of a riding academy(by that definition)on it. That easement was purchased by the town for$1,220,000,and clearly has to be abide, by, regardless of the NYS Department of Agriculture and Markets position,in perpetuity. That is all the more reason why this board must consider the following: • The entire scope of the proposed operation • If it is possible to physically fit that operation on 4 acres of property that remains with fully intact farming rights along with a residence • If the proposed operation physically fits on the 4 acres is it feasible to operate the proposed operation or will it likely"dribble"over onto the 20 acres of DRS property. We thank the planning board in advance for considering the concerns of fellow land owners in the Towi of Southold and are confident that decisions are being made that uphold and respect the farming rights of owners that have abided by guidelines issued by both the NYS Department of Agriculture& Markets and the zoning, planning and land preservation laws of the Town Southold. Sincerely, Lucille M Sullivan Brian S G Cc: Ms. Leslie Kanes Weisman,Chairperson Zoning Board of Appeals Melisa Spiro, Land Preservation Coordinator 08/18/2014 14:57 FAX 16314771075 JERNICY,-MOVING f�jG011GG1 Zoning Board of Appeals PO Box 1179 Southold, NY 11971 lX l 631-765-1809 RECEIVED August 1$,2014 BOARD OF APPEALS 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. Re ands, Lynn ernick August 18,2014 Town of Southold Planning Board PO Box 1179 BOARD OF APPEALS Southold, NY 11971 Joanne and Chris Showalter Showalter Farms LLC 18625 Main Road 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 (DRI)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. RE: INDOOR RIDING ARENA. Although we had discussed the potential for building an indoor-hams multiple meetings with Land Preservation and with members of the Planning Department,for a n13number ofPPEALS 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. We t ank the 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 �l 00\� J North Fork Environmental Council 12700 Main Road .� PO Box 799 North Fork Mattituck, NY"952 Environmental Council Phone: 631.298.8880 Fax: 631.298.4649 HE, t Web: www.NFEC1.org b—7� 15 August 2014 RECEIVED Attn: Southold Planning Board Southold Zoning Board of Appeals Southold Town Hall Annex PO Box 1179 BOARD OF APPEALS Southold, NY 11971 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? • • � l 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, William Toedter president, NFEC on behalf of the NFEC Board of Directors EAST EAIVESTOCR & HORSEMEN' S ASSVIATION PO BOX 102, PECONIC, NY 11958 J "Serving livestock owners,enthusiasts,and the animals they love" � 77 � Ron Chuvalas,President RECEIVED East End Livestock&Horsemen's Association PO Box 102 Peconic,NY 11958 August 14,2014 Southold Zoning Board of Appeals BOARD OF APPEALS 54375 Main Road Southold,NY 11971 Ref: Showalter Farms,LLC Dear Board, At the ZBA's August 7,2014 hearing on the Special Exception permit for Showalter Farms,LLC it was suggested by the Board for neighbors and Showalters meet to discuss,face to face,concerns and questions about the property's use.The East End Livestock&Horsemen's Association saw a need to help the community come together on this issue and approached both parties(Showalters and the neighbors)to arrange a private meeting.Both parties agreed and here is the outcome of the meeting as seen by our members who monitored the meeting. The meeting was held on Wednesday,August 13,2014 at the Mattituck-Laurel Library,Main Road,Mattituck,NY from 6:30 pm to 8:00 pm. In attendance were Chris and Joann Showalter,Ray Nemschick,and 27 neighbors from Gabriella Court (adjacent to the east side of the property)and Main Road directly across from the property.Monitors from EELHA included Bernadette Deerkoski,Rocky DeViilo,and me. As all meetings of this type,where a person is concerned for their neighborhood and/or their quality of life,minds are made up before hand and regardless what is said or pointed out they will never be changed.The meeting could have gone a lot longer and everyone was given the opportunity to ask questions.The greatest concern,that we as monitors saw,was keeping out traffic in the Gabriella Court.Concerns of protecting their children from increase traffic flow and additional noise were the main topics with the Tresa Lane being the most vocal point at becoming an access entrance to the farm.At present,as pointed out by the Showalter's to the neighbors,this is not in their plan but really will be a decision by the Town of Southold if it requires additional access.This is a point that should be taken under consideration on behalf of the neighbors in any future site plans. Overall,the parties were brought together and a good number of the neighbors are in favor of the project but just needed to have their questions and concerns addressed by the Chris and Joann Showalter.Were all issues cleared up and answered to everyone's liking,no,but in the end I think the neighbors have a better understanding of what is going on. As far as the EELHA is concern,from what we know and have experienced as an organization and individuals,especially between neighbors who have issues,we support the Showalters and feel a decision by the ZBA granting the Special Exception permit is in order so the process can continue for this project. Sincerely, � - Ron Chuvalas President,EELHA 0 • Toth, Vicki From: Lehnert, Bill <wjl@lndinc.com> Sent: Monday,August 18, 2014 1:35 PM Ej To: Toth,Vicki 'AKE 14 Subject: Showalter Farms Hi Vicki, 30ARD OF APPEALS 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 Sincerely, Bill Lehnert Sales Manager LND, INC. 3230 Lawson Blvd. Oceanside,NY 11572 (P) 516-678-6141 (F) 516-678-6704 i Toth, Vicki From: Julie Allen <jlfogartyl20@yahoo.com> Sent: Monday, August 18, 2014 1:22 PM To: Toth, Vicki �aECEI�EL, Subject: Fw: Showalter Farms "IOARD OF APPEAL,, On Monday, August 18, 2014 1:09 PM, Julie Allen <jlfoaarty120(c�yahoo.com>wrote: Dear Ms. Lanza, am writing to you on behalf of Chris and Joanne Showalter's plans to operate a horse farm in Mattituck. As a resident of Southold (not Mattituck) and not being a direct neighbor to the property in question, I can't speak to the "obstruction of views", "concern about heavy truck traffic" etc. objections that some people have voiced. I can speak to the character of the Showalters and their desire to operate a horse farm. I have known Chris and Joanne since our sons attended preschool together and became fast friends. Our daughter's are friends as well and in the same grade. Their daughter Lucie's love of horses and riding is the catalyst for this business venture: not some grand "scheme" to make a huge profit . A horse farm is in step with the type of businesses that should be encouraged in this rural area. It's disappointing to read articles in the Suffolk Times that seem highly antagonistic toward anyone wanting to start ANY type of business. My daughter used to ride horses as well and some of the comments/concerns stated regarding a horse farm seem woefully uninformed. It also appears that some of the loudest objectors are the ones with an agenda. I wanted to let you know that there are people who are in support of this venture even if we don't get quoted in the paper. I hope you will take this into consideration when reviewing their request. Thank you so much for your time, I appreciate it. Sincerely, Julie Allen Southold, NY i RECEIVED Toth, Vicki From: Mark Szynaka <mszynaka@yahoo.com> 30ARD OF APPEALS Sent: Saturday, August 16, 2014 8:54 AM To: Toth, Vicki Subject: Showalter Farms LLC's application to operate a horse farm/riding academy at 18625 Rte 25, Mattituck, NY Hi Vicki, am resending this email as I forgot to include a subject on the first email and was not sure if it would get opened. Dear Vicki, I am a Southold town resident and friend of the Showalters. Both our 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. I don't know much about zoning and can't speak to the nature of their zoning variance, if any, they are requesting but I do know the family and I believe their intentions to adhere to the zoning rules are true and that they are really focused on the work in what is being called phase 1 to move their business forward. Please consider this information when reviewing their submission for the request before you. Best Regards, Mark Szynaka 1400 Calves Neck Road Southold, NY i Toth, Vicki From: Angelat1219 <ange1at1219@ao1.com> Sent: Saturday,August 16, 201411:33 AM To: Lanza, Heather;Toth, Vicki �( Subject: Showalters Farms iOARD OF APPEALS 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 Toth, Vicki From: M Costello <mandmbermuda@yahoo.com> Sent: Sunday, August 17, 2014 1:07 AM �ql�cUVED To: Toth, Vicki Subject: Showalter Farms LLC 186525 Rte 25 Mattituck, NY Dear Ms. Toth, %)ARD OF APPEALS 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. I 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 i Toth, Vicki From: Martha <mjw1344@aol.com> Sent: Monday,August 18, 2014 10:30 AM To: Toth,Vicki DECEIVED Subject: Showalter farm 3OARD Of APPEALS 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 Toth, Vicki From: marguerite kitz <margueritekitz@gmail.com> Sent: Sunday, August 17, 2014 11:13 AM To: Toth, Vicki Subject: PLEASE open for Showalter Farm Appeal on or before August 18th 1/ U-A August 8, 2014 RECEIVED 30ARD OF APPEALS Dear Zoning Board of Appeals members, 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 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 same holds true if you are a Dressage rider you would not go to an English school. If Showalter Farms fails to open then the students who would like English ridinglessons will have to o elsewhere most) up-island) or maybe o nowhere at all. Which g (mostly p ) Y g 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. �'Jjq RECEIVED Sincerely, 30ARD OF APPFALS Marguerite and Chuck Kitz 110 Eastside Ave. Mattituck, NY 11952 z August 18, 2014 Planning Board PO Box 1179 30ARt)ORAPPEALS 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 0 T J Dear Members of the Board 30ARD OF APPEALS 15 Aug 2014 The site plan proposed by Showalter Farms LLC is incomplete at best and appears to contain contradictions within Southold Town Law and NYS Ag and Markets Law. The Special Exemption being sought is consistent with Chapter 280. The bulk of the 24.18 acres is protected by Agricultural Lands Preservation, Chapter 70. Section 70-2 states that the land be used "in bona fide agricultural production". Horse breeding would be included within this purpose. Section 70-3 states that agricultural production is "not to be used for retail merchandising of livestock or livestock products". The general public paying for riding lessons is considered a retail business as would individuals paying to train and board horses. This would exclude over 82 percent of the total property. The remaining 18 percent has its development rights intact and is shared between R-40 and AC zoning. The proposed site plan includes buildings constructed without building permits.The outdoor training area which appears to have also been constructed without permits is of such a size that it alone comes close to the 25 percent threshold contained in NYS DEC 617.4 b6 and b8 should require an Environmental Quality Review as per Chapter 130-5. NYS Ag and Markets law does not make specific mention of Development Rights Sold property as "right to farm" Mr. Damianos specifically mentioned that a riding academy was a prohibited use when he sold the development rights.Why should the town want or be able to contradict the seller's wishes. The apparent inability to use the majority of the property as retail commercial business should exclude this farm from a Special Exemption. Respectfully Submitted Christina Oman Douglas Pearsall 815 Gabriella Court Dear Members of the Board `` Aug 15 2014 Re: Showalter Farm Written Comments 40ARD OF APPEALS I am not against a horse farm. After months of listening to the building going on, I finally found out from a farm hand who hardly spoke English that a horse farm was going in. I was happy to hear that. When I received a registered letter in the mail, I just figured it was a technicality and it did not seem like a commercial business was going in behind me and it still appeared to be a "farm". It wasn't until my neighbor pointed out "phase one" and told me a huge building was going to be constructed right behind our houses. Literally, it felt like someone punched me in the stomach and I instantly wanted to cry. As an artist, I want things to stay beautiful and open. Enclosed you will see my beautiful view. It might not be waterfront, but I think it's beautiful. Now imagine an indoor riding arena where the Showalters "concept" architectural plans from 6/2/14. This building would be my view for 7 months out of the year. This is not a farm! My neighbors brought up lots of things I never thought of. The smell, rats, flies, speaker noise, water pollution,traffic issues, children's safety, loss of dark skies just to mention a few. As a mother, now I have to think of"phase' 2 or 3 or .......? Will Theresa Drive need to be opened and our quiet neighborhood will become a shortcut. Neither the Planning Board nor the Showalters will guarantee its continued closure. As a Southold "Townie", I want the North Fork to remain the beautiful open rural place that it is. I want this to be done the right way. It should not be 'expedited' because the property owner wants it done. And for the property owners to plead ignorance about needing a building permit for work already done when they hired an Architect, give me a break. Sincep,ely Your Christifia, 815 Gabriella Ct Showalter Farms http://www.lehnertcon uction.com/LC Projects/1300- Projects/1301 ... 110 RECEIVED Showalter Farms 19ARD OF APPEALS LOCATION : Mattituck, N.Y. PROJECT DESCRIPTION: Convert existing garages & barns to horse stables as part of a larger equestrian project. Existing Barn Existing Garage Project Photos : As of 3-31-14 4 j p�r 4 Front of Barn 1 of 1 8/18/2014 11:53 AM August 16,2014 Town of Southold Planning Board PO Box 1179 Southold, NY 11971 ������'� 30ARD OFAPPEAt.e, 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, Cc:Zoning Board of Appeals August 16, 2014 ;DECEIVED Town of Southold Planning Board PO Box 1179 30ARD OF APPEALS Southold, NY 11971 'YI'aro Ina 1 1 41 Puy OrGq ar 1�-� 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 :RECEIVED .y (i b Town of Southold Planning Board 30ARD OF APPEAL!3 PO Box 1179 Southold, NY 11971 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 C.P August 16, 2014 RECEIVED Town of Southold Planning Board 30ARD OF APPEALS PO Box 1179 Southold, NY 11971 C-7mor�/ 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 AECEIVED V Town of Southold Planning Board PO Box 1179 :30ARD OF APPEALS Southold, NY 11971 M,g�t' K1 tti5L 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, lJ Cc:Zoning Board of Appeals `J\ • • �( August 16, 2014 RECEIVED Town of Southold Planning Board :`OARD OFAPpEALS PO Box 1179 Southold, NY 11971 430 M y��l�w �- R�► Mo,kLocA , �QY IHS2 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 1 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 30ARD OF APPEALS Southold, NY 11971 AVA PC Box )09 SooAoU 4 NY 119 i 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 v� August 16,2014 RECEIVED Town of Southold Planning Board i 1 'J PO Box 1179 ;3�UARD OF APPEALS Southold, NY 11971 _A2/ �1y71 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 46� August 16, 2014ECEED Town of Southold Planning Board PO Box 1179 30ARD OF APPEALS Southold, NY 11971 91c� n v ge-61 106 .2x, ice$ � p7` 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 tT' � August 16,2014 < BOARD CTFAPPEALS Town of Southold Planning Board PO Box 1179 Southold, NY 11971 k--re I'_'- /' , /gqo 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 August 16, 2014 RECEIVE( Town of Southold Planning Board PO Box 1179 Southold, NY 11971 30ARD OF APPEALS baa /,A/ �Q , MAIL"ru-c--it _ - 1 0 RE: Showalter Farms LLC#6778 Application for approval to construct two 2-stall bams 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 Sincere) Y -1 PI J 1L Cc:Zoning Board of Appeals August 16,2014 -7� �ECEIVEG Town of Southold Planning Board PO Box 1179 Southold, NY 11971 BOARD dE,gpPEAI.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 Sincerely, Cc:Zoning Board of Appeals Toth, Vicki From: joanne maguire <mcgi11524@optonline.net> Sent: Monday, August 18, 2014 9:35 AM To: Toth, Vicki Subject: Showalter Farms, LLC I don't need a crystal ball to know that if Phase One is approved for the Showalter Farms, LLC, Phases Two and Three will be foregone conclusions. The traffic, landscape, and use for farming of the protected farmland on that property will be forever changed. While it may be too late for Southold, I read with great interest the article in NEWSDAY's 8/6/14 edition about the Town of Southampton beginning to buy additional development rights off farmers and imposing stricter rules that ensure the land for which development rights were sold actually be USED TO GROW FOOD! Allowing a variance for a horse farm for the benefit of a wealthy family(which I understand may be an acceptable use of the property at this time)on property that was paid for by the Town to keep it "open" and in farming is an abuse of this protected property. I plead with the Zoning Board of Appeals to do what's best for the Town of Southold and deny this application and to protect a parcel of land that was purchased to help keep farming on Long Island. Looking to the future,Southold Town should also consider following Southampton's lead of imposing stricter rules and not relaxing them. Thank you,Joanne Maguire 4270 Oregon Road Cutchogue 11935 AVEC BOARD Oh,n���ACS i Karen Murray RIVED 9350 N. Bayview Road Southold, NY 11971 631-765-5227 August 14, 2014 �30A 'D OF APPEALS Southold Town Zoning Board P.O. Box 1179 Southold, NY 11971 To the Zoning 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 give Chris and Joanne a special exception to use their property as a stable and a riding academy. Sincere)y, August 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 7� Toth, Vicki From: Lisa Lehnert <drlehnert@optonline.net> Sent: Sunday,August 17, 2014 8:43 PM To: Toth, Vicki Subject: Showalter farms Dear Ms.Toth, 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 iPhone Sent from my iPhone 1X \� HON. JOSEPH SAWICKI;JR. I S3S LIGHTHOUSE RD. JSOUTHOLD, NY 1 1971 RECEIVED AUG 18 (? BOARD OF APPEALS August 14,2014 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold,New York 11971 Re: Application of Showalter Farms, LLC Dear Chairperson Kanes Weisman And Members of the Southold Town Zoning Board of Appeals: We adamantly support the above 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 Toth, Vicki From: James Gilvarry <mottogilvarry@yahoo.com> Sent: Friday, August 15, 2014 1:13 PM To: Toth, Vicki Subject: Re: SCTM#1000-108.4-1.3 &1.4 "FIVED August 15, 2014 SOARD OFA,ppEA[S Zoning Board of Appeals Southold Town 54375 Main Road Southold, NY 11971 Dear Ms. Weisman, 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 Zoning Board of Appeals. In an effort to be brief, I will share my main concerns, which I hope the Zoning 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. i Quality of Life: At the pubic hearings and the library meeting, the age�Tst for the Showalters has stated that the residents of Gabriella Court "knew they were buying land next to a farm." I could not 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 stated 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 v'c��A 0 Q "RECEIVED August 15,2014 Delivered by Hand BOARD OF APPEALS Town of Southold Zoning Board of Appeals 54375 Rte 25 PO Box 1179 Southold, NY 11971 RE:Showalter Farms LLC#6778 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 280-138(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 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 ha not been an easy process,and we look forward to seeing you at the Special ZBA Meeting schedule ugust 21, 2014. Si erely, anne an hris ShowaIte Showalter Farms LLC AECETVED Cc:Town of Southold Planning Board i i(; i it !t; BOARD OF APPEALS 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 - C� 18800 Main Road' ` 00(owy 3AW075 Main Road' 4 18900 Main Road i Bob Rutkowski i Dennis Schlesinger ECETVED 7 245 Gabrielle Court 3 315 Gabriella Court 30ARD OF APPEALS 365 Gabriella Court 10 375 Gabriella Court /, 11 5 Gabriella Court � � l 12 520 Gabriella Court 13 665 Gabriella Court- � _ ��tvul� l'�t�✓� � A 670 Gabriella Court _ rl 5 815 Gabriella Court :� ' _ ►>raot , owner *k I Pro„x 6 .1 D wAA e 2 Irr20%t' k4wyc St nak1.f'4e- Pirin�- Nance S�qnA-�ur� 16 820 Gabriella Court 17 965 Gabriella Court4y-wye 18 970 Gabriella Court `(� n ( 19 , �1 Gabriella Court e vin, / MC1 VamCLO C. r 20 1270 Gabriella Court y� ?&75 Gabriella Courtlqw wtneQn tar'A PPEAtS ?2 1425 Gabriella Court ?3 1570 Gabriella Court ?4 1575 Gabriella Court ?5 1715 Gabriella Court - - - -- c ?6 1720 Gabriella Courti . (j�'(Y11+r�S "� �Gt v+n i G�►, 2 `��;,,,, r ,� ?7 1865 Gabriella Court ?8 70 Gabriella Court �- �Lr i d�� t���y� Q - 19 2015 Gabriella Court ) )'0 2060 Gabriella Court ! t1 2210 Gabriella Court .2 2315 Gabriella Court 1���� �`' �����`' � G� C9��'�-'�''� 3 2370 Gabriella Courtj�� �- Nance si ►�,_ 34 2465 Gabriella Court �s Ric 1 S Rc� JQsr ("Jq • AECEIVEC' xl 13DARD OFAPPEALS • i ' lu l A Dear Neighbor presiding at LE You arecordjally- invited to atte,n an informational.rmgeting to discuss-the deu�elopment of our farm (S owatter Farina) in our n ig,hbo-hood The.,mep4n,g ,will.b the Met a r l re=--ibrary Mattit-ve DIY 17 f,035 On Weddy Ae ust 1'3, 2014 Fib m' V:�fiO"'8.00;PM The;meejnc.g u ijlAa.e mo te-0 by n s,, Rr r t of the fast;Bhd ani. lss .Cr�ti'on. ©tier rname of �l;l ►w�i h: � --b .rn'atendahge, We vvill,disouss.our ptans.for ttie agriwt4d . ent,af pur.prk a n.-address any quests or odncerns yon rnw`ha�e reg l ear trove farmx boated:fit 1M25 atrr Iad,.lattu k, h+l � Oease n ey athisG is a p # e meat �iAth 4 r a Ilk'A h e ►W�,- :riot open to ths�general;Pjw iC r th�ss Seating is limnited.so we ask the allowing,of ail attendees: yousyor. -b ;ryetosinto theBring this originalin-itaionwith le, equir attende a log as the:horneow ei ofythe prc�bertY lia�d.���ar$ • Blease limit a#te does to only two per h sehol&Alo,'Ch�t n.please We look fonNard to seeing you at the meeting Joanne=and Chris Showalter i STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS Division of Land&Water Resources 10B Airline drive 518.457.2793 Albany,New York 12235 to 0 0 Fax.518457.3412 IECEFIVEI) February 17, 2012 Hon, Peter Parsons, Supervisor WARDOFAppFALS 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 tom Farm Dear Supervisor Parsons: As indicated in my January 4, 2012 letter to former Supervisor Duffy, the Department received a request from �,41110OW Farm, for a review of the Town of Lewisboro's Zoning Code for compliance with Agriculture and Markets Law (AML) §305-a (1). 41�11111111 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 plan (§220-44) approved by the Town's Planning Board. 4� 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. 4011W 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,41001111M Farm cannot qualify for an agricultural assessment because AML §301(13)requires that 10 horses, regardless of ownership, be boarded on the farm. • RECEIVED Hon. Peter Parsons, Supervisor Town of Lewisboro BOARD OF APPEALS Page 2 It is unclear how the Town classifies ; Farm's operation. Town Zoning Code §220-2(B) defines "ranching" as the "(bjre'eding, 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 ad may be carr on one darL2= Many commercial orse oar ng 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. Them have 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,41~farm 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 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 § RECEIVED Hon. Peter Parsons, Supervisor Town of Lewisboro BOARD OFAPPEALS 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 4� 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 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 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 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 dONOW 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. 42011M 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. *RECEIVED 0-119 \lj[, I ,d Hon. Peter Parsons, Supervisor CARD OF APPEALS Town of Lewlsboro 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 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 4 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: ,JIMM111 Farm Patric a eckham, Chairman, Westchester County AFPB John Rusnica, Associate Attorney, Dept. of A&M August 12,2014 To Zoning Board of Appeals, 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. �'� RECEIVED AUG 15 2014 ZONING BOARD OF APPEALS ANNETTE COLLINS-FERRARA -77 665 Gabriella Court RECEIVED Mattituck, NY 11952 AUG 15 2014 ZONING BOARD OF APPEALS 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! 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,/4"t" . 6L_� �Yl ANNETTE COLLINS-FERRARA Enc. C: Southold Town Planning Board SCTM#1000-108-4-1.4 ofv��v �� �kf • • 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,SPE.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 RECEIVED AUG 15 2014 July 30, 2014 ZONING BOARD OF APPEALS 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-14-2014 16:02 P.01/01 ,/ • HON. JOSEPH SAWICK150. r Or� 53S LIGHTHOUSE RD.I� I SOUTHOLD, NY 11971 August 14,2014 Southold Town Zoning Board of Appeals P.O.Box 1179 , Southold,New York 11971 Re: Application of Showalter Farms,LLC Dear Chairperson Kanes Weisman And Members of the Southold Town Zoning Board of Appeals: We adamantly support the above 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. Morse 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 finther 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 Sawick' Jr. Maryann Sawicki TOTAL P.01 knrlq -c August 9, 2014 RECEIVED Lucille M Sullivan AUG 13 2014 1375 Ackerly Pond Lane Southold, New York 11971 ZONING BOARD OF APPEALS 631-252-3687 Dressagegirll@optonline.net 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 ire 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 • 4-0 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 RECEIVED x> August 14, 2014 4 :1101/1 William Barker BOARD OF APPEALS PO Box 728 Mattituck,NY 11952 (516) 982-6576 Zoning Board of Appeals Town of Southold 53095 Main Rd PO Box 1179 Southold,NY 11952 RE: Showalter Farms, LLC I own 18575 & 18375 Main Road, the two properties to the west of Showalter Farm LLC. My daughter Lyndsey Barker-Dimon lives in the dwelling at 18375. We have attended both the Planning Board meeting and the Zoning Board of Appeals meetings. The issue at hand is not with a horse farm, but the dishonesty the Showalter's have shown up until this point. When I received the certified mail, and looked at the Showalter Farm site plan, half of what is proposed is already there. The three stall 2400 portable barn arrived in the spring. After speaking with the building department, we were told that the Showalter's did not have permits in place and a stop work order issued. The Showalter's have not been honest in the past and we do not believe that they will be honest in the future. How are we to believe that in the future the Showalter's will not construct a larger indoor arena without permits? They have done it once, they could do it again. The business aspect of a Riding Academy next to my property concerns me. Added traffic on Main Road of large pick up trucks and trailers trying to enter and exit the farm: the driveway does not seem wide enough for two way traffic entering/exiting the farm. If the riding academy holds shows, where will the cars be parked? Along Main Road, making it unsafe for us to pull out of our driveways, or even blocking the entrance to our driveways? The site plan only has parking for eight vehicles. We are also concerned with the fact that the Showalter's do not live on the premises. Currently the house is occupied with"farm hands". The amount of cars at any given time is more than the proposed eight parking spaces. Will the people living at the house be working on the Showalter Farm?At present, we do not believe the occupants are working for the Showalter's. Who will be there to supervise the farm if there is an emergency with the horses after business hours? What training or education do the Showalter's have in running a horse farm/riding academy? This leads us to believe that again,the Showalter's have been dishonest with the rumors of a tenant leasing the property. For the last six months,we have listened to the noise of skid steers and trucks working on the property in the early morning hours and until dark most nights. The ground shaking so terribly that the house shook as if there was an earthquake. Majority of the work was done before or after business hours. Again,this is dishonest. The contractors that worked at the property are also held accountable for doing the work without proper permits. All while the Showalter's are enjoying the peace and quiet of their waterfront home. The site plan is not clear as to how much of the land will be dirt, gravel or grass. During the winter months, with a strong north wind,the loose dirt could potentially create a problem. I know in the past if the farmers did not lay a cover crop,the dust clouds and debris can do a lot of damage to a home, getting into attics and windows. After reading the article in the Suffolk Times on August 7,we are concerned even further. Mr. Showalter stated that he knows nobody likes change. This is not about change. It is about the fact the Showalter's have been dishonest from the beginning. We hope that as fellow community members, the Board will take all points into consideration. This is a potentially large business being built in a residential section of Main Road. Regards, 1�1c L'n 11�` RECEIVED William Barker BOARD OF APPEALS Lyndsey Barker-Dimon Toth, Vicki From: James Gilvarry <mottogilvarry@yahoo.com> Sent: Wednesday,August 06, 2014 8:59 AM To: Toth, Vicki Subject: SCTM#1000-108.4-1.3 &1.4 Hello, Ms. Toth, I had a few questions regarding the request for a Special Exception for the Showalter Farms property in Mattituck. I was hoping to better understand the situation before the Zoning Board of Appeals public hearing that is scheduled for tomorrow at 11:15. If needed, I can come in person to meet with you or another employee today, but I will list my questions here in case you are able to answer them via email. 1. If a Special Exception is granted, will Showalter Farms be permitted to build on all 24 acres, or will the 20 acres with development rights sold still be protected in any way? 2. If they will be allowed to build on the 20 acres that were protected, are their limitations as to what can be built on those acres? 3. If a Special Excpetion is given, will all activities be allowed on all of the acres, including riding lessons, contests, horse shows, special events, fundraisers, weddings, large tents, etc.? 4. Are there certain conditions an applicant must meet in order to qualify for a Special Exception? What would cause the town to allow protected farmland to be used for another purpose? My goal is to be well-informed with the correct information, and I appreciate your assistance. If necessary, I can come to Southold Town Hall today (Wednesday) to ask these questions in person. Please let me know if that would be better. I'm sure your office is very busy, so I apologize for the haste. If I don't hear back by midday, I will make plans to come during business hours today. Thank you very much for your time and service to our town, Anne Gilvarry i Toth, Vicki From: Toth,Vicki Sent: Wednesday, August 06, 2014 10:03 AM To: 'James Gilvarry' Subject: RE: SCTM#1000-108.4-1.3 &1.4 Attachments: Showalter Farm.pdf Dear Ms. Gilvarry— The application before the Zoning Board is ONLY for a special exception to operate a riding academy on the front parcel (lot 1.3) which consists of 4.2 acres. It is not permitted to take place on the back parcel (lot 1.4) which consists of 20 acres. See below my answers to your questions. If you need further assistance please call or come into the office and I will be glad to help you. I have attached for your convenience a shortened version of the covenants and restrictions on the 20 acre portion of the property. I printed out the entire document and if you would like to pick it up, please let me know. Vicki Toth Zoning Board of Appeals Town of Southold 631-765-1809 631-765-9064 (fax) From: James Gilvarry [mailto:mottogilvarryC&yahoo.com] Sent: Wednesday, August 06, 2014 8:59 AM To: Toth, Vicki Subject: SCTM#1000-108.4-1.3 &1.4 Hello, Ms. Toth, I had a few questions regarding the request for a Special Exception for the Showalter Farms property in Mattituck. I was hoping to better understand the situation before the Zoning Board of Appeals public hearing that is scheduled for tomorrow at 11:15. If needed, I can come in person to meet with you or another employee today, but I will list my questions here in case you are able to answer them via email. 1. If a Special Exception is granted, will Showalter Farms be permitted to build on all 24 acres, or will the 20 acres with development rights sold still be protected in any way? They will be permitted to build barns for boarding horses and construct fences for grazing areas. The covenants and restrictions filed on the 20 acre parcel will remain in place in perpetuity. The Zoning Board is only reviewing the front portion containing 4.2 acres. i 2. If they will be allowed to build or�'the 20 acres that were protected, afteir limitations as to what can be built on those acres? Yes, there are covenants and restrictions on the 20 acre parcel. I printed a copy if you would like to have it. 3. If a Special Excpetion is given, will all activities be allowed on all of the acres, including riding lessons, contests, horse shows, special events, fundraisers, weddings, large tents, etc.? The special exception, if granted, will only permit a riding academy on the front parcel (lot 1.3). The Zoning Board may place conditions that prohibit horse shows, etc. 4. Are there certain conditions an applicant must meet in order to qualify for a Special Exception? Yes, it is spelled out in the Town code. What would cause the town to allow protected farmland to be used for another purpose? For agricultural purposes and boarding, grazing and training horses falls into that category. Not riding academy, horse shows, etc. My goal is to be well-informed with the correct information, and I appreciate your assistance. If necessary, I can come to Southold Town Hall today (Wednesday) to ask these questions in person. Please let me know if that would be better. I'm sure your office is very busy, so I apologize for the haste. If I don't hear back by midday, I will make plans to come during business hours today. Thank you very much for your time and service to our town, Anne Gilvarry 2 SVFFUj� OFFICE LOCATION: MELISSA A.SPIROOy� CSG Town Hall Annex LAND PRESERVATION COORDINATOR �.� .rte 54375 State Route 25 melissa.spiro@town.southold.ny.us .G (comer of Main Rd&Youngs Ave) N = Southold,New York Telephone(631)765-5711 y. Facsimile(631)765-6640 �1, • �� MAILING ADDRESS: P.O.Box 1179 41 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 8, 2014 RECEIVED Chris & Joanne Showalter 1015 Orchard Lanef�jj :3 1Q1d Southold, NY 11971 Re: Proposal for Showalter Farms LLC BOARD OF APPEALS SCTM #1000-108.4-1.4 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 survey dated November 20, 2013 showing proposed improvements and your e-mail of January 6, 2014 which includes your Horse Farm Grazing and Pasture Management Plan and a National Resources Conservation Service (NRCS) Prescribed Grazing Plan dated December 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 review/approval by other Town Departments or agencies. Your proposal for uses/improvements within 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' 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. . i *0 Ji 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 surrey, 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. The 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. 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, 440,c4" . Melissa Spiro Land Preservation Coordinator MS:md attachments cc: Planning Board Building Department Spiro, Melissa From: Joanne <joanne@ozpt.com> Sent: Thursday, November 21, 2013 4:41 PM To: Spiro, Melissa Cc: Chris Showalter Subject: Showalter Farms LLC Pasture Management Plan Attachments: Pasturemanagementplan.docx Dear.Melissa, Chris asked me to forward this document to you which describes our plan for the farm in.Mattituck that we are purchasing from.Pindar.. We hope to.close the first week in December if all goes well. Anyway,the attached document describes our basic plan for the property,which.we submitted to NCRS in late October. NCRS is scheduled to visit the property on Dec 5th and.we are diligently working with.them to get their feedback and/or recommendations on our farm management plan with respect to soil and water conservation. Eventually, we plan to put approximately.30 animals (probably 70%ponies, 30% horses) with the intention of boarding, breeding, raising and training them. It is our intent to provide elite level training to both the equine and human populations. We will.use a.combination of the current facilities on the 4.2 acres of DRI property (barn and garage)for housing horses as.well as the 20.0 acres of DRS property for paddocks, growing hay and placement of the portable prefabricated stall. barns (2-4 stalls in each). A limited number of run-in sheds (approximately 4).will also be utilized, likely in.the front paddocks. On.DRS land we plan to put the following: • Two 4-stall portable barns 0 Two 2-stall portable barns • Four run-in sheds 0 A paving stone courtyard connecting these barns • A grass training ring • A water spigot for watering horses • Electricity hook-ups for security • A manure dump trailer (to be emptied at least every 2 days) • Perimeter fencing around the entire property to protect the horses and additional fencing to divide the paddocks into smaller areas (approx. % acre each) i • 3-4 "sacrifice" paddocks made of grass and/or other natural bio0 radable materials (e.g. (� woodchips) • A dirt farm road of approximately 15 feet in width, running along each side of the property to service the farm as well as for horse training purposes Parking is expected to be on the DRI land. Let me know if you have any questions. Thanks Melissa. Sincerely, Joanne Showalter Showalter Farms LLC Cell: 631-848-9852 << >> 2 v� Showalter Farms LLC Horse Farm Grazing and Pasture Management Plan November 21,2013 Property: 18625 Main Road (Route 25), Mattituck, NY 11952 Current Owner: Pindar Vineyards LLC,currently Under Contract for sale to Showalter Farms LLC Description of Property: 24 acres, 20 acres DRS,4.15 acres reserved—DRI NOTE. Equine activities listed below on both DRS and DRI parcels,as barn locations are in both areas ............................................................................................................................................................................... Expected#Horses/Ponies on property...............30 horses(1.25 horses per acre stocking rate) #of Acres of Paddocks............................................10-15 acres(will vary.with#of animals) #of Acres of.Planted Hay/other ag products.......5-10 acres Expected. Pasture Mix Planted.Paddock Size........%acre each, approx.40 in total.(on 10 acres) # of sacrifice paddocks(no grass)..........................6 (size approx. 15'x 15')—located near barns. --Note:Sacrifice paddocks used for turnout during wet weather or winter months to preserve planted pasture. Paddock Rotation.......................................................20 paddocks used while 20 rest—avg.2 week rotations Paddock Expected Use..............................................9 hours/day(approx.8AM-5PM). Horse/Pony Expected.Turnout.................................3 hours/day/horse or.pony/day(average) Supplemental.Hay/Grain..........................................Yes. Add'I feed.expected 3x/day. Wash stalls....................................................................2-3 outdoor wash stalls Outdoor Training/Riding Ring..................................200ft x 100ft(DRI). Composed of sand,drainage stone and other natural and/or recycled materials Parking..........................................................................15 spaces on gravel,.1-2 handicapped spaces asphalt, or according to Southold town code requirements. Employee Facilities....................................................portapotty toilet to be on site. Manure plan: Manure to be removed from stalls 2-3x daily and placed in manure dump trailor. Dump traitor to be emptied every 2 days and manure given to local vineyard/landscapers. Current relationships with Macari, Harbes and Landscape Adventure. Dump traitor likely to be located behind barn on DRS land. Pico Pos •p . . .. . Q N&Jti oft r D , e too.� .• ,, � .%evey ata �VroLoau�- Y2— �t�oo Celt f # All - . P • Mg• "0000' 1 s j AL 1p '�D • fwd' # '� k fi 001M A . �:• .. :J �-: _ • SII rS ..;'�� kas i Spiro, Melissa From: Joanne <joanne@ozpt.com> Sent: Monday,January 06, 2014 3:43 PM To: Spiro, Melissa Cc: Chris Showalter Subject: Showalter Farms LLC NRCS Pasture Management Plan Attachments: 061523Scan5C6A1F.PDF Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 JAN - 62014 Southold,NY 11971 Tel:631-765-5711 DEPT. LAND e-mail: Melissa Spiro etown.southold.ny.us PRE5 TVATIO" Dear Melissa, Attached you will find a copy of the prescribed grazing management plan developed by the Natural Resources Conservation Service(NRCS)for Showalter farms LLC located at 18625 Main Road,Mattituck,NY 11952. The plan indicates that we have more than sufficient land to manage an expected initial horse population of 30 head. The NR r ha 13. ac s o addocks would be re wired for an ini is stocking r t 0 or n our r s at least 15 acres available for Paddocks which assumes 4-5 acres are used t and up to ZO available acres, Total property acreage oft the farm.is 24.15 acres Oncludinit.4.15 acres of development riltht3 Intact land The NRCS plan assumes that each horse will be on pasture for an anticipated maximum of 12 hours per day,7 days per week. As indicated in the Showalter Farms LLC Farm Grazing and Pasture Management Plan from November 21,2013,which was previously submitted to your committee,and is also attached herein, horses will be turned out to pasture for an average of 2-4 hours daily, not 12 hours,which reduces the demand put on the pasture. Further, supplemental hay and grain will be provided to the animals prior to being turned out to pasture. As noted in the December 5,2013 NRCS Prescribed Grazing Plan (page 2),this supplemental feeding will limit the horse forage intake from the pasture. Additional NRCS recommendations includes the number of separate pastures,assuming the size of each pasture is 2,5 acres The MRCS recommends a total of approximately five 2.5-acre pastures,which allows us to use each pasture for approximately 7 days before rotating onto the next pasture. This plan allows each 2.5 acre pasture to remain ungrazed for a minimum of 15 days in the spring and fall and 30 days in summer to ensure that the grasses regrow sufficiently high and with sufficient time for the replenishment of plant root reserves. The NRCS plan also allows for each of these 2.5 acre pastures to be divided into smaller paddocks,if necessary,to keep horse populations separate. We plan to divide each pasture into smaller paddocks(up to 15 per pasture)averaging 0.25-0.50 acres in size. The NRCS further indicates that it is the height of the forage that will ultimately determine when each paddock is ready forarazing, with an approximate height of 6 inches recommended for grazing to begin and to end when.the forage height reaches approximately 3 inches. Additional "sacrifice" paddocks, not included in the 13.3 acres of pasture above will be created near the barn areas. These small sacrifice paddocks will be made of natural materials (native soil,woodchips or other natural porous biodegradable materials)with no intention of growing vegetation in these paddocks. The sacrifice paddocks will be used during times when regular paddocks are either too wet or icy to be used by the horses to protect the grasses growing in the paddocks, and/or to prevent injury to the livestock. i We have no major concerns regarding the recommendations by the NRCS with regard to their Prescribed Grazing plan. Further,we will be working hard to improve the Ph balance of the soil through active management with the application of Lyme and potentially other lacking natural nutrients to improve the yields of the pasture and hay crops. Irrigation is also anticipated to improve yields assumed in the report,and is expected to be part of our farm management plan in the coming months. If you have any further questions with regard to our intended use of the preserved land for our farm, please do not hesitate to contact me. Sincerely, Joann 5howaltv-r 9imetor of financQ,Mark ting &-9dministration Maitland oustralian phpiothgrapg e5Qminars (MOpe5) pO d`3oX 124* cutchogu¢, Icy 11935 T¢l: 631-298-5367/faX: 631-298-3810 i Showalter Farms LLC Horse Farm Grazing and Pasture Management Plan November 21,2013 Property: 18625 Main Road*(Route 25),Mattituck,NY 11952 Current Owner: Pindar Vineyards LLC,currently Under Contract for sale to Showalter Farms LLC Description of Property: 24 acres,20-acres DRS,4.15 acres reserved—DRI NOTE.- Equine activities listed below on both DRS and DRI parcels,as tiam locations are in both areas ............................................................................................................................................................................... Expected#Horses/Ponies on property...............30 horses(1.25 horses per acre stocking rate) #of Acres of Paddocks..........................................10-15 acres(will vary with#of animals) #of Acres of Planted Hay/other ag products.......5-10 acres Expected Pasture Mix Planted Paddock Size.........''/.acre each,approx.40 in total(on 10 acres) # of sacrifice paddocks(no grass)..........................6(size approx.15'x 15')—located near barns. —Note.Sacrifice paddocks used far turnout during wet weather or winter months to preserve planted pasture. Paddock Rotation...............................»............,.........20 paddocks used-while 20 rest—avg.2 week rotations Paddock Expected Use..............................................9 hours/day(approx.SAM-SPM) Horse/Pony Expected Turnout...............................3 houis/day/horse or pony/day(average_) Supplemental Hay/Grain..........................................Yes. Add'I feed expected 3x/day. Wash stalls...-..........................................................2-3 outdoor wash stalls Outdoor.Training/Riding Ring..................................200ft x 100ft(DRI). Composed of sand, drainage stone and other natural and/or recycled materials Parking..........................................................................15 spaces on gravel,1-2 handicapped spaces asphalt, or according to Southold town code requirements. Employee Facilities.................................................portapotty toilet to be on site. Manure plan: Manure to be removed from stalls 2-3x daily and placed in manure dump traitor. Dump traitor to be emptied every 2 days and manure given•to local vineyard/landscapers. Current relationships with Macari, Harbes and Landscape Adventure. Dump traitor likely to be located behind. barn on DRS land. United States Department of Agriculture t ^ k0v NRCS . Natural Resources Conservation Service Riverhead Feld Office l 423 Griffing Ave.Suite 110 ; t Riverhead,NY 11901 Tel.(631)7272315 ' Fax(631)7273160 Ms. Joanne Showalter J Showalter Farm LLC 1015 Orchard Lane Southold,NY 11971 December 27,2013 Dear Ms. Showalter: Enclosed is a copy of the.Prescribed grazing plan for your farm. The-plan•indicates that you have-sufficient land to handle the stocking rate of 30 horses. The plan shows that you would need a total of 13 acres to handle this stocking rate-and you have a total of 15 acres available. The calculations are based upon-a 7 day residency period and that each pasture will remain ungrazed for a minimum of 15 days in the spring and fall and 30*days in the Beat of the summer. This allows for the grasses to regrow as well.as replenishing plant•root reserves. If you have any questions regarding this plan please contact our office. Sincerely, Allan-S. Connell Conservation Specialist Helping People Help the Land An Equal Opportunity Provider and Employer Rzo�«s UNITED STATES DEPARTMENT OF AGRICULTURE N-RCS cK k � �ro NY Prescribed Grazing Plan- Date Decein6er-5,.2093 Rotational Stocking Method County Suffolk Planner [tate.Grazlnd ave•Robeits Job Title S Landowner/Operator Showalter Farm LLC Fanri.Name Showalter Farms LLC E-Mail "cs uash I:co Phone Numtier(s) Home/Cell 01-$4$- 5 . Address Farm"Location hitain•Road Mattitudc, 1"aic Address Map:108-02-1.1 City,State,ZIP Code kouthold,-KY 11971 The purpose of this plan is to outline-the necessary farm practices required for-the establishment of a prescribed grazing*management plan as a component of an integrated whole farm management system.This plan identities the most appropriate stocidng method,establishes an Initial stocking tate and pfescn"ties the-frequency,intensity, timing and duration of grazing,browsing and/or mechankal'harvest criteria,to achieve the•stated goals and resource. management objectives. Recommended faccil tating practices required to achieve the successful implementation of this.plan are identified and criteria established. , r Current Farm Status (inti :f*r tmrturooh bmak use�Si.T'EgdT, The.farm is in the process of.being purchased;There lean easgmedt oti the majority of the land restricting the use to ' agriculture.purposes.The.15A.cre.tield lays ih Wong rectangle oman.North-South'axis with•the southem'port'on being dosest.to the term buildings.Approximately-half of the•8eld at the southern and Is-in established orchardgrass.There is a"portion of the middle:of the'lleld that ls•a,depression.Which'cuts the field Ir half.A'lanewa'y will need to be established to cross to the-far.portion of.the field.-The*Northem•Portion of the field will need to'be planted to grass.Kentucky Bluegrass would'be a good:choice fora grass to.seed.It-Win Total Dlgestable Nutrients than other.grass, though it yeilds less*forage than other grasses..K.entucky Bluegrass ls.a•rhdomatous grass allowing it to withstand closer grazing and the hoof action of horses better than bunchgrassgs such'as orchardgrass,.Gmothy and others.Soil Analysis will•need to'be preformed to determine the pN and nutrisht requirements.The plants already growing there (goldenrods And-other forbes)are shorter-than what you would expect and potentially caused by lack of•nutdents and/or lbw"pH..See areal photo and maps. :. = NRCS-NY Prescribed Grazing Plan 1223/2013 •Plan Information 1 7 AMIL Current Farm Goals The new owners are interested in using the land for pastudnghumout paddocks for horses.A horse barn and arena will be constructed on!he portion of-land not-in the Land Trust.The owners are interested in constructing•a center laneway- extending as far as-needed for pasturing the horses.The remainder-of-the land will.be used•to grow hay.The farm will ' have up to-36-horses W&up•to half the horses tkirned onto pasture at-any one time..Each paddock will be large enough for one horse to limit the amourit'horses-may Injure each other while.they are-in the•paddocks:-in the winter there will be an'additional scaefte area. Pqrpose of Plan ' is pian is to establish the amount o!land need to pasture graze.30.-horses with an average wreight'vf 8001bs Per ' horse.The forage supply and animal demand are derived for the minimam'amount of-pasture needed for 15 horses,as a herd in ons paddock instead of separate•paddoaks pei ipclMduat Horse. Each paddock•vA'be•subdtvided•into 15 smatler•paddocks to-avoid injury to horses:from other horses.Each individual horse Will-be on pasture for a'maximum of 12 hours per day with the potential of 2 horses per.paddock in a 24 hour period.Thus 30 horses'w ill-be on.pasture sized for 15 horses.Realiiing that 2 horses grazing.12 hours.each-cad consume-potentially more forage than 1 horse grazing the same»mount•of time.To offset this in the forage supply/demand calciulations.the!.crass will tie'!ed irr the bam.before•being turned out on pasture limiting_the.arho'unt of forage-intake from the It The calkwlations.are also done for a"7 day-rotation and each'posturg will remain ungraztned for a minimum of*15 days.in the spring and f it-and 30 day's In.the•heat of the summer.This allows for the•grasses to regrow as•weli as.reptenshing plant•root reserves. NRCS-NY Prescribed Grazing Plan 12/23/2013 Plan Information 2 RCSSOMet ca�umt� • UNITED STATES DEPARTMENT.OF AGRICULTURE + Landowner/Operator Showalter Farm LLC County Suffolk Date December 5,2013 A.RESOURCE DATA AND INVENTORY - . • Approx Grazing Seasori Dates Southam-A 'I 20-November 1 Livestock , s Stoddng Weight per Worksheet IQnd Number Livestock Class .Animal or-Pair Number,- ; Horses' 30 • "Mature 800 1 t Forage Base Pasture Grass Species Condition Leguine Species Condition Other Species Prevalence 1 Orchard rass Excellent- -2 3 4 a Grass Species Condition Legume S `es Coition OtherSpecies Prevalence . r Other Land Gras's S ecies -,.Condition Legume S eci Condition Other Crop Condition -.2 4 NRCS-NY Prescribed Grazing Pian 12/23/2013 Resource Data and;inventory j Land Resources. . IMPORTANT NE DTE:List the four(4)most prevalent soil types under the specific corresponding worksheet number..If less than four (4)soil types,record the soil type with the,greatest number of acres in#1,and equally split the acres of the secondry soil type in #2,#3 and#4..If only one(1)soil type,divide the total acreage by four and'place equal values in#1,#2,#3 and#4. Unless actual measured yields•are available,use estimated yields from NRCS soils data available from the Web Soils Survey or Soil Data Viewer,New York Agricultural Land.Ciassificstion data,or the Comell University Species Selection Tool located at www.forages.org. Rotational,Stocking,Worksheet_(1) :•Rotational Stockii4ftrksheet(2) Soil Map Unit Number of Acre Forage Yield Soil Map.Unit Number of Acre - Forage Yield Symbol• (tons/year) Symbol (tonslyear) , 1 HirA 3.0. 2 'RdA ` '-4:0 2.5' 2 3 HaA 5.0 2.5 3 , 4 HaA 5.0 2-5 .4 TOTAL ACRES . %OF TOTAL ACRES THAT CAN . .%*OF TOTAL ACRES THAT CAN AVAILABLE: ' . BE HARVEST&MECHANICALLY: TQTAL ACRES AVAILABLE: BE HARVESTED tOfiCHANICALLY. 15.0 Q0 Roiatlonal Stocking•Workehebt(3): - . Soil-Map Unit Forage Yield S mho! wmber of Ac to ear . z• 41. %OF TOTAL ACRES THAT CAN TOTAL ACRES AVAILABLE: BE,lfARVESTED MECHANICALLY: 0.0 , NRCS-NY Prescribed Grazing Plan 12/23/2013 Resource Data and Inventory 2 ccep a ee s. Infrastructure Is Improvement Not Applicable ' Barnyard Access. Laneways Access Routes Fence Water Supply ` Source and Location ' Environmental Risk ' Quantity ' ` Quality Distribution'Capability Dispensing Capability ' Additional Rgsource Concerns Air.Quali y/Wind - Stream Crossings ' Cultural Resources Widlife Concerns Existing Management System Shade Soil Nutrient Status.(ph,N,P,K Other. 2 .. r 3 ` NRCS-NY ' -Prescribed Grazing Plan 12/23/2013 Resource Data and Inventory. 3 NnW:.d Rasa ras 6NRCS� •^ °^ UNITED STATES DEPARTMENT OF AGRICULTURE S�rvit! Landowner/Operator Showalter Farm LLC County Suffolk • Date December 5,2013 B.WORKSHEET FOR USE WITH THIk ROTATIONAL STOCKING-METHOD Step 1a. Estimate The Forage Demand The forage demand is the amount of forage dry matter(DM)required to feed a group of livestock for one day. it is calculated based on the rule of thumb that grazing,animals require an amount of forage DM equal to about 2.5 to 3.5%of their body weight per day. 'For lactating animals use 3.5%;and growing stock use 3.0%of body weight. For all other classes of livestock,except equine and pigs,use 2.5%of body"ight. For equine,use 5.0%to allow-adequate exercise area-,this is not-the actual intake.For pigs,use 2.0%to allow for rooting behavior-this.is not the actual intake:Do not adjust daily forage demand in step 1 b.below for horses or Pigs. Average LactationLbyD #Animals Forme - Weight/Animal Status Demand 800 0.03 24 30 720 . 0 - 0 0 0 , 0 .0 0 0 0 0 0 •0 Unadjusted Dar7y Forage Demand= 720 Step 1 b. Adiust Daily Forage remand Adjust Daily Forage Demand as a result.of supplemental feed use by deducting the pounds of suppielilental feeds on a dry matter basis from the daily forage demand: If supplemental forages are provided,they are substituted on a pound for pound basis.K supplemental grain 13.%4 the substitution rate is one pound of grain equals.5 pounds of forage. Use the table to the right"Typical Dry Matter Contents"to select a value or enter-the farmer's estimated value. This sten is primarilyfor dairy ca„le.Afth=h bee;cattle.sheep and aoats May•be sunolemented be tial Do nit gree br horses or ohis- Lbs.Forage As Lbs.Dry Matter ^ Fora e e %DM Fed Fed . Hay 90:00% '•'13.3333 12.00 0.00 0.00 0.00 ' Total lbs forage DM su plemented 13.3 1 MOO. -This is the Forage Su lenient Lbs.Grain As Lbs.Dry atter Grain We %DM Fed Fed High Moisture Grain 0.00 Grain-Meal or Pellets 0;00 Total lbs,grain sup mented 0.0 0.00 _ This is the Grain Su le'ment Total-number of =usted nd to be animals - °dam;=: i=c e c si!e�r!1�i hc,ca;:rttete 3 atl!m it r:o 7*' su plemented 30: ota/Dry Matter , Supplemented Fora a+Grain Su ements= 12.00 Unadjusted Daily Total Dry Matter This is the Adjusted Daily Forage Demand minus N) Supplemented equals(-) Forage Demand 720 360.00 .360.00 er groups un Juste an y o a ar orage .dei-nand or.a forage demand 360.00 2roups Pasture Intake%Total Intake 50.0 E All producers must have a minimum of 30%pasture ` intake as apercent of total intake: NRCS-NY Prescribed Grazing Plan 12/23/2013 Rotational Stocking Worksheet(1) 1 Adak §t6g 2, Selecl Rgsideripy Period - 1 7 jDay3 K."J '---'One half to 1-day residency periods are recorhmeitded for lactating dairy cows. Residency periods of 2 to 7 days may be used for all other livestock. To maximize harvest efficiency,use shorter residency periods.If the cell turns RED you must shorten the residency period. Step 3, Es mate the Forage Suppiv ' This is the amount of forage dry matter that is estimated to be available for grazing after a 15-day growth period in the spring and a 30-day growth period in the summer and fail. Forage Availa 11ity Estimates Hay Weld Tons/DW/Acm/Year. -5.5 5 J 4.5 4 .3.5 3 2.5 Forage Availabr&ly- + ' Lbs/aM/AcraMotatio 2200 2000 1800 1600 1400 1200 • 1000 .'.-'These values are for planning purposes only.They reflect average yields for pastures rated EXCELLENT on the resource inventory and data page when growing conditions are not limiting,soil fertility is maintained to soil test recommendations,and pH-is not'less than 5.8. f=or pastures rated GOOD, reduce yield by 0.5 T/A;for pastures rated POOR,reduce yield by 1.0 T/A. Use the'above table to convert hay yields in Tons/DM/AcreNear to Forage Availability in LbsIDM/Acrefrotation. $oil Map Unit Symbol' 1 HaA 2 v RdA 3 HaA 4 ` HaA Number of Acres 1 1.0• -2 4.0 _3 '5.0 4 5.0 F Yield ear 1 2.5 2' 2.5 3 2.5. . -4 2.5 F2ran Sup& 1000.00' 2 1060.00 •3 1000.00.' 4 1000 Lbs/DMlAcreJRptation ' Itep 4.Determine Paddock Size by dna__ ofs I lupe. ` Paddock size is based on meeting the forage demand of the livestock for the designated residency period. Acres Paddocc'Shve Sok Map Unit Forage Forage Su Requiredlday Residency. Symbols Demand Supply (deinand+ .Period (�)�ueslday su X Residency) HaA 360.00 1000.00. 0.4 7. 2.5 RdA M00 .1000.00 0.4 7%- 2.5 . HaA 360.00 1000.00 '0.4 7 2.5 HaA . 360.00 1000.00 0.4 7 2.5 �atermine the Number of Paddocks ' Days of rest required t Number of ' per paddock during Divided by Period Residency Equals PIus,1. Equals Paddocks the summer 30 7 4.285714286 1 5.285714286 Step 6. fNumber of Acres Needed This calculation uses the average paddock size of the most peevalent sol type from•Step 4.• Paddock Notes: Paddock Size Multiplied by Number of Equals Acres Needed- Paddocks 2.52 .5.285714286 13.3200333 ' .......r Ouring spring and early summer,only about 40 to:60%of the.plarined acres will be required for grazing. The:remaining 40 to 60%should be mechanically harvested or planned to be grazed by another group of livestock following their own prescribed•grazing•manage pent plan. This landowner has' 0 .of total-acres that can be harvested Step 7.Evaluate the Balance Between Forage Supply and Forage•Demand- Number of Acres Divided by Number of Equals Available Acres Needed 15 13.3200333. 1.126123311. This number MUST;equal t or greater to ensure an adequate balance betoveen.the forage supply and the forage demand. If it does not the box is ' red and you must identify the appropriate management actions required to balance the forage supply with the forage demand(i.e.increase supplementation, increase the number of acres,or reduce animal numbers.) NRCS-NY Prescribed Grazing Plan , 12/23/2013 Rotational Stocking Worksheet(1) 2 N S CI n°w CarscrwNon`K UNITED STATES DEPARTMENT OF AGRICULTURE Service NEW YORK PRESCRIBED GRAZING PLAN DEFINITION, INDICATIONS FOR-USE, IMPLEMENTATION AND OPERATION,GRAZING SCHEDULE AND MAINTENANCE FOR RO 1 Al.-ON4`LLY gf OC KED PAS i i. RES CONSISTING OF COOL SEASON FORAGES DEFINITION + The rotational stocking method is a method of livestock deployment that utilizes five or more grazing units or paddocks that are alternately grazed and rested during the time period in which grazing is allowed. The size and number of paddocks or grazing units utilized is dependent on the level of managerial control desired,the productivity of the pasture and the number of livestock. Individual paddocks are generally grazed one at a time,with the order based on the readiness of paddock to be grazed rather than following a numerical sequence or a specified number of days between subsequent grazing periods.-Livestock occupy each paddock long enough-to harvest the existing vegetation,but should not stay so long as•to regraze plants a second time during a single occupancy period. After each paddock has been grazed to the desired stubble height(which depends on the plant species present and management objectives)the livestock are moved to a fresh paddock.Grazed paddocks are allowed to regrow to a desired height before again being grazed. The rotational stocking method provides a greater opportunity for managing the quality,quantity and harvest efficiency of pastures than does the continuous stocking method.However,development costs for fence construction,provision of water and increased management are generally higher with this method. That aside,because rotational stocking methods tend to provide enhanced levels of control over both the animals and the plants,less forage is wasted which,in tum, means that livestock productlort(meat,milk and fiber)on a per acre of pasture basis is maximized. Another advantage of the rotational stocking method is that through maintaining better control of the frequency.Intensity, timing and duration of the grading events,deeper rooted,more drought tolerant and higher•yielding forage species may be utilized. While these plants do not tioid up well under continuous grazing presiure,under rotational stocking management,they can remain productive and persist for many years. INDICATIONS#OB USE M - Use of the rotational stocking method may be indicated when a resource inventory identifies a farm operation as a lactating dairy herd,a farm operation that-is grazing with a less intensive style of management and is running short on feed or length of grazing.sesson or any type of livestock operation looking to maximize production on a per acre of pasture Rotational stocking methods are ndt recommended.for livestock operations when a resource inventory identifies that the forage supply is In excess of the forage demand and the farm opeFator indicates there is no demonstrated need to harvest the forage that is in surplus to their grazing needs. s IMPLEMENTATION AND QpERATIOIV The planning procedure outiined on the Prescribed Grazing Management Planning Worksheet For Use With The Rotational Stocking Method(MRCS,PGM-3A)estimates the amount of acres of pasture that will be required for the herd or flock during late summer and fall with a 30 day rest interval between grazings. In years of normal or near normal temperature and precipitation,this means that during the first 60 days of the season,the number of acres indicated would be nearly twice that which would be needed for grazing. To ensure that this forage is not wasted and to maintain pastures at their highest quality,the following implementation procedure is recommended. Allocate the pasturd into two separate management units based on their first intended use. Designate the land on which grazing will.begin in the spring and whose primary means of harvest will be through grazing as Management Unit 1. Generally,this will be the Mand with the driest soil conditions and where the forage will be ready to graze the soonest or land that is too steep,rocky or otherwise not harvestable through mechanical means. Designate the land on which the first use or harvest will be through mechanical means as Management Unit•11. This land is part of the pasture acreage calculated on the PGM-3A but is not*needed for pasture during the first 60 days of the grazing season. Generally,this land will be flatter,further from the barn or holding facility and offer no obstacles to mechanical harvest. As a general consideration,Management Unit I should contain about 40%of the planned acreage with Management Unit II the remaining 60%- Prescribed Grazing Plan 12/23/2013 NRCS-NY Rotational Instructions 1 Grazing should•begin on Management Unit I when forage heights reach approximately 3 inches.(SEE GRAZING ' SCHEDULE BELOW). Continue moving livestock to new paddocks until one-of the previously grazed paddocks has regrown to a.height of approximately 6 Inches and is ready to be grazed again.At this point,stop adding paddocks that have not been grazed once already:It is time to start the second rotation. Keep in mind;the paddock that was grazed first,the first time around,may not be the paddock that will be ready to be grazed first in the second rotation. Whichever paddock that recovers to a'height.of 6 inches the quickest is the next paddock to graze. The remaining'ungrazed paddocks or-land in the system should now be designated as-part of Management Unit II. All.of the land in Management Unit II should'be harvested mechanically by the end of the second rotation or.the start of the third. This should generally occur around the second or third week of May depending on the year and:location. Although taking an early cut of-hay may result in a tower harvested yield,the quality of the forage is much higher.In addition,taking an early harvest allows for regrowth to occur while moisture and temperature conditions are generally more fav6rable than they are later in the year. ' Waiting longer to harvest,in order to obtain a'higher yield,-sacrifices the quality of feed and may also limit the regrowth . potential. • .. , Depending•on the growing condiiioris,plant species'and management level applied;by the end of the fourth rotation,most of the land planned for use in.the system will tie utilized for grazing. However,in-some instances,this will not be theicase. In situations where there is still more forage available.than can be consumed through grazing,an additional harvest of some of the land in Management Unit II may be desirable. ' Fencing To ensure that both the structural integrity of the brazing system as well as management flexibility are maintained,a combination of both permanent and temporary fencing materials are recommended. R The kind and"amount of fence utilized should be of sufficient high quality and durability to facilitate control of the intended livestock. See NRCS Fence Standard 382 for guidance. Laneways Laneways should be constructed to facilitate livestock movement-to and from pasture,between paddocks or to the water supply. Width should be no wider than necessary to-expedite Westock•movement or if they are to be used for.both Nves{ocik and machinery.passage,they should be wide enough to accommodate the largest pieewof machinery anticipated. Ensure that the travel surface'remains firm. Where problems with wet conditions and mud exist,geotexUle fitter fabric,gravel and Nmestone dust or other similar•matddals may be required. In other-situations the use of culvert ` pipes or bridges may be necessary. , Water Water should be made available to Ilvestocfk')mhile in the pasture In an'ample quantity and*ample quality to meet their - nutritional-requirements and be provided in such a manner as to not cause environmental coricem or degradation. As a general consideration,water for lactating dairy cattle should be provided within 200 to 300 feet of where the cows are grazing. AN other livestock should have water provided'within 800'to 1,000 feet.'Water lines should be*placed in protected areas along or beneath fences,and where they cross gate openings or other unprotected areas additional Supplemental and Contingency Feeding Plan. t To-ensure that deflciences in feed quality,quantity or availability are riot limiting livestock performance,itis recommended that a qualified nutritionist be consulted to evaluate your feeding program."Consult your local Cornell Cooperative Extensio&..or Natural Resources Conservation Servile office for assistance. In case adverse growing conditions limit pasture yields and quality,.tt is recommended that an alternative feeding strategy be developed. This might include such things as planning to add additional grazing land to the system,buying additional feeds,or reducing livestock numbers. y Pasture Seeding Pastures should not be seeded or renovated-until there 13A prescribed grazing management plan in place to facilitate the control of livestock and soil-fertility has been amended to soil test recommendations. The next step is the addition of an adapted legume. Once a legume has been introduced into the pasture,generally there is a greater difference in yield,quality and animal performance due to management than there is due to changing the grass species. ' If the addition of a grass is desired,ensure that it is-adapted.to the soil drainage class and fertility status. Prescribed-Grazing'Plan 12/23/2013 NRCS-NY Rotational Instructions 2 AdIlk GRAZING SCHEDULE Timing and Frequency of Grazing Spring Grazing should begin iri the spring:on the first.paddock that reaches approxiinately 3 inches in height and'is dry enough to support-livestock without undue punching of the soil: Paddocks should be grazed again when the forage'reaches 4 to 6 to inches for•low growing species of grasses and legumes and 6 to 8 inches in height for tall growing species. This willgenerally occur between 8 and'15 days from the date livestock exit the paddock. . - Summer and Fall , Grazing should occur in the summer or fall on.paddocks or fields that were previously grazed;clipped 6•r mechanically harvested whenthe height of the forage reaches4to 6 inches for low growing,speges of grasses and legumes and 6 to 8 inches for tail g;6wing spedes. This will generally occur between 15 and 40 days from the date the forage was last harvested. Intensity of Grazing ' Spring The first grazing in the spring should leave low growing species of grasses and legumes with a 1 to 2 inch residual stubble - height and tall-growing species with a 2 to 2%inch residual stubble height. Summer and Fall Reskluil stubble heights need tobe.adjusted upwards when.gra4ng during the summer and fail,depending on. temperature and'moisture conditibns.'•Generally.residual stubble heights under normal early summer condildns should be sirn#ar to those outlined for spring gr�azirip.,However,as tempaiatures•increase and moisture levels dedease;short growingspedes of grasses and legumes should not be grazed lower than 2 to 3 inches and talhgrowi ig-species should not be grazed-to residual stubble heights of less than 3 to 4 inches. Duration of Grazing _ The duration(length of time)-livestock have access to an individual paddock-is controlled'by selecting an appropriate resldency.period to meet-the identified mariagement objedives. . The selection of an appropriatexesidency period is based on livestock occupying a paddock long enough to consume the. existing foiage but,generally,not so long that there is time W.theforage to regrow aind'be.grazed a second''time during a single occupancy period, The exception to this rule occurs when-severe grazing is.prescribed to eliminate undesirable plant species or to regain vegetative control-of pastures-that have grown past their.prime in•yuality. Sping- Because plant growth Is exceptionally fast in the spring,residency periods should°be kept as short as possible.-For lactating livestock.such as dairy sows,dairy goats•and dairy sheep,•one half of one day to.1 day is recommended. For all other livestock 2 to 4 days should be considered maximum'. Summer Plant growth slows to about one half of what it is in the spring. As-a result,residency periods•can be.eidended to as long as 7 days for-livestock other than the lactating livestock previously identified. In order to meet the.higher nutritional demands of lactating dairy,livestock,it is recommended that residency periods remain one half to 1 day. As a general consideration,for all kinds and classes of livestbck,the shorter the residencyperiodi the greater the forage. utilization. The longer the residency period,the greater the reduction in forage utifization`due to trampling,matting and fouling with urine and fecal material. Prescribed Grazing Plan 12/23/2013 NRCS=NY -Rotational Instructions 3 MAINTENANCE Clipping Pastures Pastures*should be clipped-to-control weeds and to return the forage base to a vegetative condition. It is recommended that all pastures be clipped-or mechanically harvested by the start of the third rotation. Generally around the last week of May or the first week of June under normal growing conditions. Fertility and Nutrient Management All pastures should be soil tested at least once in every 3 years and fertility levels be'adjusted to the recommended-levels according to the needs of the plants and whole farm nutrient management plan. See NRCS Nutrient Management Standard 590 for guidance. y Weed Control 4 While some weeds can be grazed or eliminated through grazing and clipping,others will need to be sprayed with an 'approved herbicide. , For persistent weed problems,consult your local Cornell Cooperative Extension office for site and weed specific recommendations. ADDITIONAL INFORMATION a a a t ' Prescribed Grazing.Plan 12/23/2013 NRCS-NY Rotational Instructions 4 x zr MAILING ADDRESS: PLANNING BOARD MEMBERS (f rjf SP.O.Box 1179 DONALD J.WILCENSKI � x Southold, NY 11971 Chair > OFFICE LOCATION: WILLIAM J.CREMERS ., Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III ►mt 4 (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ��'OU �� 0 Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 2014 V1 Mr. Ray Nemschick, R.A. 33105 NYS Rt. 25 Cutchogue, NY 11935 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 September 8, 2014 where the Planning Board discussed the above-referenced Site Plan Application and determined the following: 1. Provide additional parking on the Site Plan to accommodate for the existing dwelling. 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. 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. 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 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; V Showalter Farm Page Two September 11, 2014 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. The Planning Board will complete their review as soon as possible after the Zoning Board of Appeals has issued its findings and decision. 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 Le July 10, 2014 NEMSCHICK SILVERMAN ARCHITECTS P.C. Revised August 5,2014 the business of ARCHITECTURE." Southold Zoning Board of Appeals Southold Town Hall Annex 54375 Main Road1770 Oq� P.O. Box 1179 C������E� Southold, New York 11971 Re: Showalter Farm Application 18625 Main Rd. Mattituck, NY !3 OAR D OF APPEALS SCTM: 1000-108-04-1.3 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 Nem4diizk Ray Nemschick,AIA Principal 33105 MAIN ROAD • CUTCHOGUE, NEW YORK 11935 9 631 7347007 telephone • 631 7347347 facsimile • www.ns-arch.com ZBA needs time 'to think' a*proposed horse farm I Suffolk Times Page 1 of 4 <!--[if It IE9]><!fendif]--><!_-[if It IE8]><![endif]--> times Review Our Sites Subscribe e buf f olk Ti mtq. 000 00 News Government Police Education Sports Opinion Community Obituaries Ede,itr. Wineries Real ftMte Directory Featured Story ZBA needs time`to think'about proposed riding academy by Grant Parpan 08/08/20148:OOAM Tweet f s a stop-wor'ko7cr has b.^tn ist�ed,:+Y(fre y�owalte�F2nrrs property on/a;tin Ro;�dii�A4.;t!itucd dPie�r this bars ovas rF.ir?fed dnd anorherpra-fab barn u�ss delrvered bzfere the oianer.circ..-nir�d huildin 4lfrmit5 erste pGu�aE fuoval,tvwn ofJic ials said. If Thursday's public hearing before the Southold Town Zoning Board of Appeals is any indication,Showalter Farms'proposal to open a riding academy on Main Road in Mattituck might take longer to receive approvals dldn it once seemed. ZBA chairperson Leslie Kanes Weisman opted to keep open the public hearing on a proposed special exception to operate the academy after more than a half-dozen neighbors spoke out in opposition to the proposal. Of particular concern for residents was an advertisement placed in the May 14 issue of Today's Equestrian that boasted more features on the farm than what is currently being proposed,and language in the site plan description that calls the proposal"phase one." While the proposed site plan currently before the Southold Town Planning Board calls for three barns and an outdoor riding ring on four unpreserved acres of the property—the development rights on the other 20 acres were purchased by the town in 2011—the advertisement includes language about an indoor arena and an obstacle field. http://suffolktimes.timesreview.com/2014/08/50976/zba-needs-time-to-think-about-propose... 8/8/2014 ZBA needs time 'to think' a*proposed horse farm Suffolk Times Page 2 of 4 Ray Nemschick of Cutchogue,the architect for property owners Christopher and Joanne Showalter of Southold,told the Planning Board Tuesday that the advertisement was placed without his clients'knowledge by lessees of the property.Mr.Nemschick said Thursday that no lease was actually in place yet and that he believed the advertisement was irrelevant to the proceedings before the board. But Ms.Weisman said the ad"has cast some doubt on this process." "There's a perception that people are unsure about this application,"she said,citing questions from residents over how the academy will run,by whom and how all of the amenities featured in the ad might be introduced in the future on just four acres of unpreserved land. She said that considering those concerns,the hearing should be left open Suffolk Times Newsletter Sign U while the ZBA"sorts this out." g p "There's a lot going on here and I think the board might need to think - some more,"Ms.Weisman said. She did,however,acknowledge that the state Department of Agriculture and Markets has already stated in a letter to the town that it believes a special exception is not necessary for the property in a right-to-farm town.Ms.Weisman said the town,as a local jurisdiction,has still opted to require a special exception. "But ag and markets is a very powerful organization in the State of New York,"she said. The Showalters were both present at the meeting but did not speak, answering questions instead through Mr.Nemschick.Several speakers expressed frustration about the lack of a dialogue between neighbors,with one man accusing the farm owners of"not being transparent." When reached by phone following the meeting,Mr.Showalter said he and his wife are looking to set up a meeting with the residents of Gabriella Court,as one of his neighbors suggested during Thursday's meeting. northforker "This way we can outline for everyone what's going on,"he said."We're going to try to have someone mediate that for us.We're currentlylooking Advertisement g �""' `"°'� , Advertisement to find a location and a date for it.We'll do it in the evening,so people do not have to take off from work." Ms.Weisman told the audience she felt better line of communication will. Live music on shelter island Aug.7 improve the process. thru rs Listen "It's much better for everyone's sake when the larger picture is before everyone,"she said. Advertisement Mr.Showalter said after the meeting that he felt Ms.Weisman did a Advertisement "sterling job"chairing the meeting and he felt the board treated the farm owners fairly. He said ultimately the phasing of the project comes down to economics. F Last end artists display work atJamesport Jamesport Manor hm Jamesport "The property was in a great state of disrepair when we bought it,"he said."We're in the process of rehabbing the northern paddocks,which have been fallow for eight to to years. "I can assure you we're not looking to do anything nefarious.We can't afford to do any second phase right now." The ZBA will continue the hearing at its next meeting,which is scheduled for 5 p.m.on Thursday,Aug.zt. gparpan@timesrcview.com Showalter Farms LLC,Southold Town,Southold Zoning Board of Appeals < Previous Post Next Post> Triathlon event nets$10,000 for CAST Paula Thorp,every inch an Italian, nonprofit group chosen as grand marshal for Saturday's Cutchogue parade Simi liar Articles . " Fishers Island crowd applauds proposed affordable http://suffolktimes.timesreview.com/2014/08/5 0976/zba-needs-time-to-think-about-propose... 8/8/2014 • BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �o SOF SO!/ryl 53095 Main Road-P.O.Box 1179 � Q O Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer ell- George Town Annex/First Floor,Capital One Bank George Horning � ,�a�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �y00UNTY,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 7, 2014 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, AUGUST 7, 2014: 11:15 A.M. - SHOWALTER FARMS, LLC. #6778 - Request for Special Exception under Article III, Section 280-13B(12) for equestrian stables and riding academy, located at: 18625 Main Road (aka NYS Route 25) Mattituck, NY. SCTM#1000-108-4-1.3 & 1.4 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(&-Town.Southold.ny.us Dated: July 14, 2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net July 14 , 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, August 7 , 2014 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before July 21St: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than July 28th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later July 30th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before August 5, 2014. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. 0. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS -� SOUTHOLD, NEW YORK r`1't:._��= AFFIDAVIT In the Matter of the Application of OF MAILINGS LLC (Name of Applicants) S CTM Parcel # 1000- 108 .L' -1.3 * i.y COUNTY OF SUFFOLK STATE OF NEW YORK I, 1: g4rAorCj Ne[A6ChjdL residing at110004%A 54� &4e-200 , S101,Vok Py New York, being dulydeposes and says that: sworn, p y at. On the 22 day of•�J 1 , 20 l I personally mailed at the United States Post Office in , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners own on the current assessment roll verified from the official records on file with the (Assessors, or( ) County Real Property Office for every property which abuts and is across public or private street, or vehicular right-of-way of record, surrounding the appl' is ' operty. (Sign ure) Sworn to bef re me this da of '(, 41 , 20 4 LAWRENCE E.a1LVERMAN Notarryy Public,State of New York Re .No.OIS14977025 CZualified in Suffolk County llc) Commission Exom January 92,90.6 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. • `a • CERTIFIED MAIL,,, RECEIPT CERTIFIED (DomesticLn Only, • Insurance Coverage Provided) (DomesticLrlOnly, . 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L.l!_lL.l��ct � - --- - --- ------- ----------- �-- PS Form 3800.June 2002 See Reverse for InStrUCII(I EW Postal Postal CERTIFIED MAIL,,, RECEIPT Ln (DomesticLn CERTIFIED MAIL,,, RECEIPT Only; Coverage Provided) Cr (Do1:0 WONmestic Provided) rr !C$1.1 ' ImAL USEfru Postage 9 0782 r rage $ $1.19 E3 Postage 0782 Certffled Fee $3,30 12 0 Certified Fee $3.30 12 l� Return Receipt Fee Postmark C7 �Q (Endorsement Required) $2.70 Here (Endorsement Required) $2.70 Postmark Restricted Delivery Fee O Restricted Delive (Endorsement Required) $0.00 rr-q (Endorsement'iv ry ed �.� $ $7.19j7/22/M14m �- Total Postage&Fees ul Total Postage&Fees $ $7.19 07/22/2014 M nt To 1 lC' �t-- �nnl�e` rY1L'1�a Street Apt o.;� or PO Box No. Street Apt.No.; _ ---- r` !_�_1._J 1 or PO Box No. l `1- — `�L.__ --------------- I PS Form :r.+4200C, 6 1 - G _ r, 108-4-7.41 (Delivered) Derek McLean CQ� 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 U.S. Postal Service,,, U.S. Po- NCERTIFIED MAIL,.I RECEIPTCERTIFIED MAIL,,., RECEIPT O (Domestic Mail I No Insurance Coverage • •) (Domestic Mail I No Insurance Coverage • •-• For delivery information visit our website • information •- site at www.usps.com D' • H 1USE `1 1 n m a r%-� Postage $ $1.14 0782 fti Postage $ $1.19 0781 C3 Er certified Fee $3.30 12 p certified Fee $3.30 12 p Postmark C3 Postmark C3 Return Receipt Fee Here O Return Receipt Fee Here (Endorsement Required) $2.70 p (Endorsement Required) $2.70 C3 Restricted Delivery Fee p Restricted DelNery Fees r:l (Endorsement Requlred) $0.00 0 (Endorsement Required) r•9 M Total Postage&Fees $ =7.14 07!22/2014 p To P &Fees $ $7.14 7/22/2014 u'I fir _ t - Box No. – df-s— c--e ------------- CPS Form 3800.June 2002 See Reverse for lnstruction� PS For,,) — MM 3800.ALIC)LIS1 2006 See Reverse for Instruct-, • • Postal CERTIFIED MAIL,,, RECEIPT CERTIFIED MAIL,,,, RECEIPT Ir (Domestic Mail Only;No Insurance Coverage Provided) Cr (Domestic Mail Only;No Insurance Coverage Provided) CEI r-3 Ir 1. ,n m 1 „t Ir Postage $ $1.19 0782 r'U Postage $ $1.19 0782 Er C3 certified Fee $3.30 12 o certified Fee $3.30 12 O Return Receipt Fee Postmark p Return Recelpt Fee Postmark M (Endorsement Required) $2.70 Here p (Endorsement Required) $2.70 Here C3 (EndorsemeDnt Required) $O.OQ Q Restricted Dellvery Fee $0.00 (Endorsement Required) E3 Totes Postage&Fees $ $7.19 07/22/2014 -21 Total Postage&Fees $ $7.14 07/22/2014 r� --------------------------- ----- ac sneer,APr. -- ----------------- f , ,� o,P�B�r,�. 2C�----Y�GII�--- I O --- --------- to ZI ar-1-2a-L Si LQ Postal Postal Service— CERTIFIED . • CERTIFIED .D (Domestic Only;No Insurance Coverage Provided) p (Domestic Mail ICoverage ru ra f .D Ir IF Ul F'19C I A L U S Em 1-1-VIAL USE. C3 $1.19 0 fu Postage $ 0782 ru Postage $ $1.19 0782 Er C3 Postmark O Certified Fee $3.30 12 Er certified Fee $3.30 12 O Return Receipt Fee $2.70 Here O Return Receipt Fee Postmark p (Endorsement Required) p (Endorsement Required) $2.70 Here 0 ReaMcted DelNery Fee �.� O p Restricted Dalivery Fee 0 (Endo rd Required) (Endorsement Required) $0.00 r` = Total Postage&Fees $ $7.19 7/22/2014 Total Postage&Fees $ $?.19 07/22/2014 C3 O r 7b -- ----------- lam 11 ra r,Apr:T7o f l �/�` r-9 s4reer,�pt -(--------------------------------- r,-- - - - ------- .tA�1.4 p -- ------ - --- ---- —--------- - ----------------- Form:3800 ALIgLISI 1006 See Reverse for nslrucfioii� PS Forly, 3800 August 2006 See Reverse for instructi-11111111 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 Postal Postal Service,�, aCERTIFIED , RECEIPT M r-� CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; . Insurance Coverage Provided D- (Domestic Mail Only; m Ade livery 1 n 1 o n� r` Postage $ $1.19 0782 0782 Postage $ $1.19 C3 Certified Fee 43.30 12 C3 Certified Fee $130 12 o Postmark p Postmark 0 Return Receipt Fee Here C3 Return Receipt Fee Here C7 (Endorsement Required) 42.70 (Endorsement Required) $2.70 Q C3 Restricted Delivery Fee Restricted Delivery Fee (Endorsement Required) $0.00 rR (Endorsement Required) $0.00 rrtTotal Postage&Fees $ $7.19 07!22/2014 o Total Postage&Fees $ 47. 07/72/2014 19 u7 - t a � orr�tNo. J 171- or PO Box No. or PO Box No. t ----- ---- - �--- ----- -- - ------------------ cny, re -----J 1 Y.6_661J4���Cs._. . 1------------------- PS Form 3800.AUgUst 2006 See RevClSe for illStrUdiorl PS Form 3800,June 2002 See Reverse for Insti.ctio,& - PostalU.S. Postal Service,,, U.S. CERTIFIED MAIL,,, RECEIPT CERTIFIED MAILI,.I RECEIPT .. • . . ..• . .•. o .. • 117 m u7 Lrl D, Q' 1 I,l PA 1 oma^ Postage $ $1.19 0782 ru ti Postage $ $1.19 0782 Certified Fee Certified Fee $3,30 12 C-3 Postmark 12 Postmark O M Return Receipt Fee Postmark O Return Receipt Fee $2.70 Here t O (EndorsemenRequ Here p (Endorsement Required) ired) $2.70 O Restricted Delivery Fee Restricted Delivery Fee $0.00 0 (Endorsement Required) $0.00 0 (Endorsement Required) r_ r` 47.19 07/22/2014 _. Total Postage&Fees $ $7.19 07/22/2014 = Total Postage&Fees $ p O X Z-FuW a a -- `earco_Q l�t... 2. `` --------- j ---------------- .... ��/meq i I� p I I/ t , - ,4.l!_�!1 c -------- POS xNoi.11�s!ll� _ - _[_j_S�l_`�l � r� --PO Box No t--J---- GPS Form :rr rr. PostalPS Form 3800.August 2006 See Reverse for InStrUCtil 11 1 F Postal m . CERTIFIED MAIL,!, RECEIPT• Er (Domestic Mail Only;NO Insurance Coverage Provided) (Domestic Mail Only;No Insurance Coverage Provided) For delivery it Er rrMOT6 1 •M-OW 1. Postage $ $1.19 0782 ru Postage $ $1.19 0782 O D" C3 Certified Fee $3.30 12 O Certified Fee $3.30 12 Postmark O Return Receipt Fee C3Return Receipt Fee Postmark (Endorsement Required) $2.70 Here O (Endorsement Required) $2.70 Here O Restcted Delivery Fee 0 Restricted Delivery Fee r (Endorsement Required) $0.� 0 (Endorsement Required) $0.00 Total Postage&Fees $ $7.19 07/22/2014 O Total Postage&Fees $ $7.19 07/MM14 Ln� Zr10 // fit o_ l�Cr1.._� �Cd � rlL!_- S ltif r - � - r .0d-------------- t,apt.rib.: t 1vo:;._.__... -------------- or PO Box No. _ or PO Box No. 75 State. ( �� City,S /Pr4 PS rr June 2002 Po CERTIFIED MAIL,,., RECEIPT CERTIt-iED MAIL,r., RECEIPT (Domestic Mail Only;No insurance Coverage Provided) (Domestic Mail Only;No Insurance Coverage Provided) 11 Ln Ln or e ivery information visit our website at www.usps.com 137 D-. Ln 1 L fu Postage $ $1.19 0782 npt Postage $ #1.19 0782 11-117 certified Fee $3.30 12 1--3 Certified Fee $3.30 12 I3 Postmark C3 Postmark C3 Return Receipt Fee Here Return Receipt Fee Here $�� C3 (Endorsement Required) $2.70 p (Endorsement Required) p Restricted Delivery Fee Restricted Delivery Fee (Endorsement Required) $0A p (Endorsement Required) $0.00 p $7.19 �" Total Postage&Fees $7.19 Q7/ f201(t Total Postage&Fees $ /22/2Q14 C3 p Sent To UtTo (� � _- _ 1"ar. --- -- 1IY. f oNIl'ol.',', --------`�— C C 0 or PO Box No. r� P+ -- ----------------- PS Form 3800 See Reverse for iristructiolls so PS Form 3800.ALIqLlst 2006 See F—, Instruct-, ',i NDER: COMPLETE THIS SECTION OMPLETE THIS SECTION ON DELIVERY n ■ Complete items 1,2,and 3.Also complete A. Sign m item 4 if Restricted Delivery is desired. 1 ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. g �eceoed by(Pr(nted Name) C. Da of D livery ■ Attach this card to the back of the mailpiece, `�..0 or on the front if space permits. ?'S D. Is delivery address different from item 1? Q Yes r, 1. Article Addressed to: If YES,enter delivery address below: D ' Dula t 1�►(1eO 2-gLo5 Gab`I C 110 000( 3. Service Type o a Certified Mair o Pd Mail O Registered C3 Reim Receipllor Mwohandise O Insured Mail O Collect on VAlvery 4. Restricted Delivery?(Extra Foo= ❑Yes 2. Article Number 7 011 0470 0000 9205 9481 (Transfer from service labep Ps Form 3811,July 2013 Domestic Return Receipt . r t-NDER: COMPLETE THIS SECTION COMPLETE ■ 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 wAnted Name) C. D to of ell ry ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery ddress different from item 1? 13 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No F�enry � I�e�en l�u�-K�s�i �+���,�� �y l IGS • 3. Service Type O Certified Made O Priority Mail Express"' 0 Registered E3 Return Receipt for Merchandise ❑Insured Mall O Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7011 0470 0000 9205 9665 (Transfer from service labeq PS Form 3811,July 2013 Domestic Return Receipt ENDER: C 'LETE THIS SECTION ■ 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 by(Printed Name) C. D to of pelivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. -r�o l y � 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No 1 ► lG +VC� y l l 3. Service Type ❑Certified Mails ❑Priority Mail Express'" 0 Registered 17 Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7011 0470 0000 9205 9757 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt SECTIONSENDER: COMPLETE THIS •MPLETE THIS SECTION ON. ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. �U �r ` 13Agent X ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. R eived by(P kited Name) C. D to of livery ■ Attach this card to the back of the mailpiece, 7 or on the front if space permits. D. is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No tifnrt,i � I—le)en I�v+�ds�I 44V� n\-i f 3. Service Type D certified Mails o priority Mali apmsC 0 Registered O Return Receipt for Mwhhandise ❑Insured Mail 17 Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7011 0470 0000 9205 9788 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt i-NDER: ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. . 13Agent X ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. ReceiveR�e ) . C. D to of D live ■ Attach this card to the back of the mailpiece, 4 or on the frontif space permits. D. Is delivery address different from item 1 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 3. Service Type 0 Cw#W Mails ❑Priority Mail Express' D Registered 0 Retum Receipt for Merchandise O Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7011 0470 0000 9205 9573 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt '-,ENDER: COMPLETE TH/b SECTION ■ Complete items 1,2,and 3.Also complete kA.:Z1gn4tUyqet item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse 11Addressee so that we can return the card to you, Received by LoPfinted Name) C. Dat of Deli e ■ Attach this card to the back of the mailpiece, D { or on the front if space permits. O� D. Is delivery address different item 1? Ye 1. Article Addressed to: If YES,enter delivery address below: s00 r)jQIcK n� I [� 3. Service Type ❑Certified Mail® ❑Priority Mail Express' ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7211 2472 2222 9205 9627 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt 77, SeNDOMPLETE THIS SECTION • SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. i natu item 4 if Restricted Delivery is desired. wy�� ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. MI. e'v ���eci¢y(Printed&, C. Date of Delivery ■ Attach this card to the back of the mailpiece, �-t-�,�r�C.� or on the front if space permits. D. elivery address different from item 1? ❑Yes 1. Article Addressed to: V} ,entsolive'X address below: ❑No ?o—tlox Eno _ ' MQ4 j I V c r- ' ` r 1 13. ice Type j ❑C9-rlWMaIP C!Priority Mail Express- 0 Registered 0 Retum Receipt for Merchandise ❑Insured Mail O Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7211 2472 2222 9225 9467 (transfer from.service label) z PS Form 3811,July 2013 Domestic Return Receipt •ER: COMPLETE THIS SECTION •MPL--TE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also completeA. i a item 4 if Restricted Delivery is desired. 7 Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. eived d N e) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. ICJ D. Is delivery address different from item 1? 13 Yes 1. Article Addressed to: ES,enter delivery address below: ❑No S�5 Cbr �ell� e.� mc�41+ucy- 3. Serv' eType g1dertifiedMahe dPriority Mail Express- ❑Reglsbved ❑Return Rwelpt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 3112 0000 7 316 4006 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt a.. SECTIONSENDER: c TETE THIS ■ Complete items 1,2,and 3.Also complete11 nature 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. 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. 1. Article Addressed to: IX Is delivery address different from item 1? ❑Yes 0 YES,enter delivery address below: ❑No 11�f'an JI-17n jr fl)'2C(/7`I/-V /`— 7 3:Service Type 0 certified Mair D Priority Mail Express O Registered 0 Retum Receipt for Merchandise. 0 Insured Mall 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 3110 0000 7 316 3955 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt a SENDER: • • ■ Complete Items 1,2,and 3.Also complete A. Sigplature item 4 if Restricted Delivery is desired. � 13 Agent ■ Print your name and address on the reverse X () 1 ❑Addressee so that we can return the card to you. Received by(Printed game) C. Date of Delivery ■ Attach this card to the back of the mailpiece, 4; or on the front if space permits. V C - ✓l't D. Is delivery rellv� t from item 1? 13 Yes 1. Article Addressed to If'r£$ipe ss below: ❑No Collin - 1-errgr X10 Charles (S�reed Vx 'L e I I I 3. ervice Type y ❑cowed Mpile 13 Priority Mail Express, Rei 0 Retum Receipt for Merchandise 4r�n Mall 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑yes-41 2. Article Number 7005 3110 0000 7 316 4037 (Transfer from abMce label) PS Form 3811,July 21113 Domestic Return Receipt sCOMPLETE ■ Complete items 1,2,and 3.Also complete A. Signatilre 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 by(Prints Name) 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 different from Rem 1? ❑Yes If YES,enter delivery address below: ❑No CI© Noro) Co, Irl 559 3. Service Type Cowed 0 Certified Made O Prbrlty Mail Express' 0 Registered 0 Rstum Receipt for Merchandise O Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7011 0470 0000 9205 9771 (Transfer from service lat s Ps Form 3811,July 2013 Domestic Return Receipt .ER: COMPLETE THIS SLCTION ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. -)b ❑Agent X` ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printe Name C. Date of Delivery ■ Attach this card to the back of the maiipiece, An" c vox or on the front if space permits. [S e ive different from item 1? Oyes 1. Article Addressed to: �f YES,enter c)eli ry address below: ❑No Noe 04v X14 1 � R -( ❑�q 3 ❑Certified Mair No*Mall F.xpr�s'" ❑Registered C3 Retum Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 3110 0000 7 316 3986 (transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt SECTIONCOMPLETE THIS DELIVERY -'LNDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete X Sig ur'?,`e LA ❑Agent item 4 if Restricted Delivery is desired. Addressee ■ Print your name and address on the reverse so that we can return the card to you. B ec ve/d by(P' ted me) C. o slivery ■ Attach this card to the back of the maiipiece, rte or on the front if space permits. D. Is delivery address different from item 11 13 Yes 1. Article Addressed to: / If YES,enter delivery address below: `I4 No �GrbGtl-A 14 �vCc /is 15 7,5 (1W/-/ /va'/e i/ //9��� 3. Service Type J 0 Certified Mair ❑Priority Meg Express ❑Registered ❑Rstum Ret■ipt for Merchandise ❑Insured Mall ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ?005 3110 0000 7 316 3924 (transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt SECTIONSENDER: COMPLETE THIS COMPLETE ■ Complete items 1,2,and 3.Also complete 7Skignat ,,'� 13Agent item 4 if Restricted Delivery is desired. ❑Addressee ■ Print your name and address on the reverse so that we can return the card to you, B. eived by(Printed Name C. D eof4D I�ve ■ Attach this card to the back of the maiipiece, �F,,�L t Z-I or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 3. Service Type [3 Certified Mail® 0 Priority Moil Express' (a T— ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7011 0470 0000 9205 9801 (Transfer from service labeq PS Form 3811,July 2013 Domestic Return Receipt COMPLETE ■ Complete items 1,2,and 3.Also complete A. na item 4 if Restricted Delivery is desired. ❑ nt ■ Print your name and address on the reverse X Addressee so that we can return the card to you. 13 eceived by(Prints ams) j C. Dat of De e C1 ■ Attach this card to the back of the mailpiece, o a '7 / or on the front if space permits. D. Is delivery address different from item 1? 13 Yes AAE31. Article Addressed to: If YES,enter delivery address below: No (�mo G-�trocc-'i l-7 o-p CK L4�- 3. Service Type 'Ma ISI c' �� "q��j��-. ❑Certified Mail® b Priority Mail Express'" i r 1 E Registered D Retum Receipt for Merchandise ❑Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7011 0470 0000 9205 9689 (transfer from service label) Ps Form 3811,July 2013 Domestic Return Receipt SECTIONoLNDER: COMPLETE THIS ■ Complete items 1,2,and 3.Also complete Z=q 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. by(Printed Namp) C. T elivery ■ Attach this card to the back of the mailpiece or on the front if space permits. I, ' a Is delivery address different from item 1? I❑Ye 1. Article Addressed to: If YES,enter delivery address below: ❑No Chep } o�MCAn St,D2o �Aam ?oacC 3. Service Type ❑Certified Mails E3 Priority mail Express' 0 Registered 0 Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 011 0470 0000 9205 9 719 (transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt SENDER: COMPLETE SECTION • ■ Complete items 1,2,and 3.Also complete ature item 4 if Restricted Delivery is desired. E}}}f...������l�J ❑Agent ■ Print your name and address on the reverse ❑Addressee cvdso that we can return the card to you. ed,by(printed Name) C. Date f Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. V. s ery dress different from item 1 s 1. Article Addressed to: If YES,enter delivery address below: ❑No Cher j� f %vya ilic Wo 10nD Road _ Uchoop ' 3. ServiceType ,q V l n- ❑Certified Mail® 0 Priority'Mail Express LJ ❑Registered O Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ?011 0470 0000 9205 97 2 6 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt COMPLETE THIS S . . DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse E3 Addressee so that we can return the card to you. B. Received by(Printed Nam) C. to of elivery ■ Attach this card to the back of the mailpiece, r CJ or on the front if space permits. D. Is delivery address different from item 17 13 Yes 1. Article Addressed to: / If YES,enter delivery address below: ❑No Mart- - arK � �a�iiciCc Z�Cctn i�/�r %-Iisbr� � /7 3. Service Type E' T ❑Certified Mail® 0 Priority Mail Expressd' 0 Registered O Retum Recelpt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ?005 3110 0000 7 316 3900 (Transfer from service label) a-ifs PS Form 3811,July 2013 Domestic Return Receipt SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. ig ature item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. ceived 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 Were from Rem 1? ❑Yes 1. Article Addressed to: If YkS,enter delivery#ddress below: 0 No 0 BCX -70q 29 11 ' 3. Se e EyRe{ c n I I Gam- 0 Cal ✓ 0 Priority Mail Express'" 0 Registered 0 Retum Receipt for Merchandise O Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes Article Number 7011 0470 0000 9205 9610 ramdbr from service labeo jrm 3811,July 2013 Domestic Return Receipt TOWN OF SOUTHOLD �.� ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK -tms LLc AFFIDAVIT OF In the Matter of the Application of POSTING ShwoAlkr (Name of Applicants Regarding Posting of Sign upon Applicant's Land Identified as SCT�arcel 10�0- Q1 r • V • COUNTY OF SUFFOLK) STATE OF NEW YORK) I_ + ' 1 c I, � ��I.CL residing at 60 Ma�n APet. ')u t�P, New York, being duly sworn, depose and say that: On the day of J V , 2014, I personally placed the Town's Official Poster, with the date of h aring and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way (driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7) d s prior to the date of the subject hearing date, which hearing date was shown to be � J (Signature) Sworn to before me this Day of� , 201�- 1j./ LAWRENCE E.SILVERMAN Notary Public,State of New York Reg.No.01S14977025 oualified in Suffolk County (N tart' u ic) Commission Expires January 22,20L5 * near the entrance or driveway entrance of my property, as the area most visible to passerby. ILIM LMLI' � I UL1,111 r� r 7011 0470 0000 9205 952811952 0007 g 00081250-12 V� I " r Nemschick Silverman Architects P.c. 160 Main Street Suite 200 �` pp Sayville, New York 11782 ❑ UNDELIVERABLE AS ADDRESSED ATTEMPTED NOT KNOWN IENT LlNO MAILCRECEP ACLESS . TURN ❑ TEMPORARILY AWAY I � v RE ❑ NO SUCH NUMBER ❑ REFUSED TO SENDE ❑ NO SUCH STREET ❑ VACANT IN DISPUTE ❑ ILLEGIBLE ❑ BOX CLOSED ❑ UNCLAIMED ' I ❑ MLNA- UNABLE TO FORWARD 000007245-1N 07/26/14 rte; RETURN TO SENDER UNABLE TO FORWARD UNABLE TO FORWARD RETURN TO SENDER � � �� ����`��� �y3� � ''`� � ``P {iiillliil{Lilliilllliiilihiil�illlliill{illllli+llirliJl I II �fl yr z ...v... A III I I'� i I ' I ,I,i illl�ul�p.. � I ',I I, i•.I�� I�i�,a;� l f'LI��I Ii �I��I'I. �f I+ � x I I I 3y �x �f I! I P i P COMPLETE • A.COMPLETE S SECTION • DELIVERY i ■ Complete items 1,2,and 3.Also complete 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 by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, li or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No i `rm sI { mn de n q u C� II �3�s 6rl�ll� (( -( 3. Service Type v w �� 6 ` ❑certibed Map C]Priority Mail Express ❑Registered 0 Rehun Receipt for Mwdmdise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) p Yes 2. Article Number 7011 0470 0000 9205 9528 (rmnsfer from seance k"D _ PS Form 3811,July 2013 Domestic Return Receipt E � I I iIII I ' f II f I 'I .III nl I I I I I ' I l �' -„I II 'III l 7011 0470 0000 9205 9924 1000 &mum �? 1 0008r�9 IIIA r. a h° s r Y. r Z x 5 v� t'"='s-• � �.,s'.€e�S`y2 Y � r'':��i:i ya.'�`LRq' 15* ,. Nemschick Silverman Architects P.C. 160 Main Street Suite 200 Sayville, New York 11782 w e` ❑ UNDELIVERABLE AS ADDRESSED �� ❑ TTEMPTED NOT KNOWN FFICIENT ADDRESS MAIL RECEPTACLE - r AWAY Pax r� i N RETUR NIXIE E 00 0 r 007 2 RN TO 4 5� qzx DER 0 R 7 - EN 2 - ; TOS / 4 � I 1 4 A I _ UNABLE T° FORWARD 111 it �l RETURN TO F`oRW�p II ^, ill i 1 ! �Illt�,Ili�„Ill�ill�i!l�6a�lll�,,ill�, �� Cpl . If„IILl�Ilrl�lll�f�11 �,�� i llrill� �11 �� �ril� lflll � ►1I � � I �I I p III li I I I , I I in, l I dd I SENDER: DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent I ■ Print your name and address on the reverse X 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery r ' ■ Attach this card to the back of the mailplece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No 3. Service Type I _ ,��/ o cert d mar O Rb*mw Express~ D Reps UW a Realm Receipt for Mw dwan O Insured Mail O Coiled on Delivery ti 4. Restricted Delivery?(Exile Fee) O Yes 2. Article Number 7011 0470 0000 9205 9924 (Transfer from service We# j Ps Form 3811,July 2013 Domestic Return Receipt e � 2: .I i, �s h� :`�fit• "��� ��� :. � � � � �� � I I tY I Y• p e _ °4� I I w + k. 'III, � � ' � Ivy I� � � I I 0 0 � NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : SHOWALTER FARMS LLC # 6778 SCTM # : 1000- 108-4- 1 . 3 1 . 4 OVARIANCEN SPECIAL EXCEPTION REQUESTN: EQUESTRIAN STABLES & RIDING ACADEMY DATE : THURS . , AUG . 79 2014 11 : 15 AM If you are interested in this project, you may review the file(s) prior to the Shearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 �;I s �r `J f #11808 V STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 31St day of July, 2014. LEGAL NOTICE SOUTHOLD TOWN i ZONING BOARD OF APPEALS THURSDAY AUGUST 7,2014 Principal Clerk PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the fol- y lowing public hearings will be held by a �p thin da of the SOUTHOLD TOWN ZONING 1U0 A.M.-ANDREW KEATING y BOARD OF APPEALS at the Town and COLLEEN SHARP #6777 - Re- Hall,53095 Main Road,P.O.Box 1179, quest for Variance from Article XXIII Southold, New York 11971-0959, on Code Section 280-124 and the Build- THURSDAY AUGUST 7,201 . ing Inspector's June 3, 2014 Notice 9:30 A.M.-KAROL FILIPKOWS- of Disapproval based on an applica- KI N6748SE—(adj.from PH 7/10!2014) tion for building permit to construct 1:30 P.M. - ALEXANDER NDE r OFI Applicant request a Special Exception accessory garage, at: 1) less than the CHRISTINA VOL NAS:AS TR R#6774 - Request under Article IX Section 280-4113(2). code required front yard setback (for NOTARY PUBLIC-STATE ( for Variances from Article XXII Sec- The Applicant is the owner request- waterfront property) of 35 feet, lo- tion 280-116 and Article III Section ing authorization to operate a con- cated at:700 Ruch Lane (adj. to Ar- No. 01V06101 280-15 & 15B and the Building In- tractors' yard. Location of Property: shamomoque Pond) Southold, NY. Qualified In Suffoll spector's June 10,2014 Notice of Dis- 41250 County Road. 48 (aka North SCTM#1000-52-2-28.1 My Commie:.... _. . approval based on an application for Road and Middle Road)Southold,NY. 10:50 A.M. - NORTH FORK IN- 11:30 A.M. - KIMOGENOR sb building permit to re-build a single SCI'M#1000-59-10-5 VESTORS.LLC.#6775 - Request for POINT. INC. (Brennan) #6771 - Re- family dwelling with pool surround, 9:45 A.M. - MICHAEL RANSON Variance from Article IV Section 280- quest for Variance from Article XXIII cabana and legalize an"as built"stor- #6753 — (adj. from July 10,2014 PH) 18 (Bulk Schedule) and the Building Code Section 280-123 and the Build- age building with deck,at;1)less than Request for Variance from Article Inspector's June 25, 2014 Notice of ing Inspector's June 5,2014 Notice of the code required bulkhead setback of XXII Section 280-116B and the Build- Disapproval based on an application Disapproval based on an application 75 feet for all structures,2)"as built" ing Inspector's March 17,2014 Notice for building permit for additions and for building permit for demolition and storage building and deck at less than of Disapproval based on an applica- alterations to existing single family construction of a new single family the code required rear yard setback of tion for building permit for"as built" dwelling,at;1)less than code required dwelling at;1)a nonconforming build- 15 feet,3)accessory pool cabana pro- accessory structures(shed/deck),at;1) single side yard setback of 15 feet,lo- ing containing a nonconforming use posed in location other than the code less than the code required bulkhead cated at:3475 Wunneweta Road (cor- shall not be enlarged, reconstructed, required rear yard, located at: 805 setback of 75 feet, located at: 8740 ner Little Peconic Bay) Cutchogue, structurally altered or moved, unless West Road (adj. to Peconic Bay)Cu- Peconic Bay Boulevard(adj.to Great NY.SCTM#1000-111-8-17 such building is changed to a con- tchogue,NY.SCI'M#1000-110-7-4 Peconic Bay)Laurel,NY.SCTM#1000- 11.00 A.M. - SPENCER DRAY- forming use.The existing cottage is a The Board of Appeals will hear all 126-5-2.1 TON #6772 - Request for Variances non-conforming building with a non- persons or their representatives,desir- 10:00 A.M.-THOMAS and KATH- from Article XXIII Section 280-124 conforming use,located at:50 Jackson ing to be heard at each hearing,and/or LEEN BURKE #6763 — (Adj. from and the Building Inspector's June 28, Street (Adj. to Great Peconic Bay) desiring to submit written statements PH July 10,2014) Applicant requests 2013,renewed May 23,2014,updated New Suffolk,NY. SCTM#1000-116-6- before the conclusion of each hear- a Special Exception under Article III, July 9, 2014 Notice of Disapproval 24.1(Cottage#4) ing. Each hearing will not start earlier Section 280-13B(13).The Applicant is based on an application for building 1:15 P.M. - WINDSONG COVE than designated above. Files are avail- the owner requesting authorization to permit for additions and alterations LLC.#6776-Request for Variance from able for review during regular busi- establish an Accessory Apartment in to an existing single family dwelling, Article III Section 280-15 and Section ness hours and prior to the day of the an accessory structure,located at:1570 at;1)less than the code required front 280-1050 the Building Inspector's May hearing. If you have questions,please Bray Avenue (corner Fourth Street) yard setback of 40 feet,2)less than the 30,2014,Amended June 26,2014 Notice contact our office at,(631)765-1809,or Laurel,NY.SCTM#1000-126-7-26.1 code required side yard setback of 15 of Disapproval based on an application by email: Vicki.Toth@Town.Southold. 10:20 A.M.-WALTER BELANCIC feet,located at:1120 Jacksons Landing, for building permit to construct acces- ny.us. #6769-Request for Variance from Ar- Mattituck,NY.SCTM#1000-113-6-1 sory pool house, pergola, in-ground Dated:July 14,2014 ticle III Section 280-15 and the Build- 11:15 A.M. - SHOWALTER pool and deer fence, at; 1) accessory ZONING BOARD OF APPEALS ing Inspector's May 29,2014 Notice of FARMS. LLC. #6778 - Request for pool house,pergola,in-ground pool in LESLIE KANES WEISMAN, Disapproval based on an application Special Exception under Article III, p for building permit for "as built" ac- Section 280-13B(12) for equestrian location other than the code required CHAIRPERSON cessory shed, at; location other than stables and riding academy,located at: rear yard,2)8'deer fence proposed in 54375 Main Road(Office Vicki Toth the code required rear yard,located at: location other than side and rear yard, q Y 18625 Main Road(aka NYS Route 25) located at:3770 Private Road#1(adj.to 53095 Main Road(Mailing/USPS) old Hill Road #1000-70 Road)South- Mattituck, NY. SCTM#1000-108-4-1.3 old,NY.SCTM#1000-70-4-35 &1.4 Long Island Sound) East'Marion,NY. P.O.Box 1179 SCTM#1000-22-3-4 11808-1T 7/31 Southold,NY 11971-0959 Office Location: O�*rjf SQ(��yOl Mailing Address: Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 •51kSouthold,NY 11971-0959 At COMM http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631)765-9064 RNECOWED MEMO U TO: Land, Preservation JUL 14 2014 FROM: Leslie K. Weisman, ZBA Chairperson EP— N 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 �0��0� s�(/jyQl 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Eric Dantest Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �Q i� 54375 Main Road(at Youngs Avenue) Kenneth Schneider e'oulm Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMO ((� v t TO: Planning BoarduJUL 14 2011 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 280-1313(12) Ehlers Land & 1.4 Surveyor Your comments are requested 1 week prior to hearing date. Thank you. Encls. Office Location: Oj�QF $Q(��yOl Mailing Address: Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 GAO • Q Southold, NY 11971-0959 i �y�OUNTY,�� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 July 14, 2014 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6778 Owner/Applicant : SHOWALTER FARMS LLC Action Requested: Equestrian stables and riding academy. Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) (X) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie . eisman &L ZBA ayers(* By: Encls. S OFFICE LOCATION: l MELISSA A.SPIRO ��0� �f!/jyO Town Hall Annex LAND PRESERVATION COORDINATOR �� �� 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 'Ol �� MAILING ADDRESS: ycouff 1,��C` P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION .4-�-71 TOWN OF SOUTHOLD RECEIVED F ji TO: Leslie K. Weisman BOARD OF APPEALS ZBA Chairperson FROM: Melanie Doroski Land Preservation Committee Secretary DATE: July 15, 2014 RE: SHOWALTER FARMS LLC ZBA #6778 Attached you will find a copy of letter dated January 8, 2014 that was sent to Chris & Joanne Showalter granting Land Preservation Committee's approval to proposed uses/improvements within the Town's Development Rights Easement Area identified as SCTM #1000-108.-4-1.4. If you require further information or clarification of this approval, please contact Melissa Spiro, the Town's Land Preservation Coordinator, upon her return to the office on July 21, 2014. ©fe� � OFFICE LOCATION. MELISSA A.SPIRO *0f soyo Town Hall Annex LAND PRESERVATION COORDINATOR 1�� 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 �� MAILING ADDRESS: yenUNT`I,� P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD / 96�/s RECEIVED TO: Leslie K. Weisman, ZBA Chairperson ,; 1 ;i Zoning Board of Appeals -BOARD OFAPPEALS 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 1� 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)-Q) 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; 0 0 *�p� 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. RECEIVE® BOARD OF APPEALS NEW(3) 1-3/4'5(7.25" OR (4) 1-314'X0.5` GP LAN 2.0 L VL EXI5TING HALL FRAMING, M (VIF) NEW 6X6 HOOD P05 T5 j 7R. GUT BACK EX15TING HALL - - 91 IF = -- FRAMING A5 5HOWN FOR THE IN5TALLATION OF NEW GOLUMN5 1 I (1 AND BEAM A5 5HOWN. 11 II - - -h LL 12X12 POURED GONGRETE PIER5 ON 24X24XI2" DP POURED GONG. FOOTING. 5GAL6 3A6"_ l'-O' Nemschick Silverman Architects PROECT'E NMPRCXECTw IDPAVIMBY., ...Use business UARCHREGTURE.' FRAMOGJCpF1MATIC /1 A 1-5-1777 ECF F NIA JFIOWALMR FARM DRAVW.NQ 160 MAIN STREET,SUITE 2YKA-1 .0 SAYVILLE, NEWYORK 11788 ri at=Tf=y,� r MAT1lTUC1(,/1Y 2 DALE SCALE Phone-. 631 563 2130 Fax: 631 563 2139 www.ns-aroh.com "ccrman��M� ."onecnrn 1/16/14 A/' iOT[.D ti r GENM& NOTES - NY ACAUM - BUILi3M 11-0. ONSTRIC RE: TU MENOTES APPLY TO ALL DRAWINGS L PER NY CODE SECTION 02 EXCEPTION 2,THIS BUI DWs CLASSFIES AS AN L FOUNDATIONS DESIGNED FOR A66M 3000 PAF ALLOW.NET SOIL BEARING. ��Z�E® T l AGRICULTURAL STRUCTURE APD IS NOT FMIRED t0 MEET ANY CODE, CONTRACTOR TO VERFI. OWNER TO PAY FOR SOIL TESTS AND EXCEPT MUST CONFORM TO ELEC,REM OF NEC,INCL GFIC FOR REDESIGN 4 INCREASED CONSTRUCTION COSTS F SOIL NADEQUATE. � O RECEPTACLES 4 GRIMMNG OF CONC.SLAB AT ANM,4L.USE AREAS. STEP FENS.AT UTIL--NO UTI.BELOW FTG.w/o ARCH.APPROVAL ���� � � 2014 CV � o 2. PROVIDE EROSION PROTECTION AS REQ'D.BY ALL GOVERNING AUTHORITIES. 2. DESIGN LIVE LOADINGS AS FOLLOWS: -SNOW: 201% -SEISMIC USE GROUP: I BOARD O F A PPFA 3.PROVIDE P.T.IUD.WI•ERE IN CONTACT W/EPDM ROOFINCs,Fi.,ASHING, -WIND: 120 MPH lEx�.,IURE G) -SITE CLASS: D � r T, WATERPROOFINCs,MASONRY,CONCRETE OR F_ARTH -SEISMIC RESIST:WD.FRAME Cid M CD CN 4.ALL WOOD FASTENERS,RANGM,ETC,N CONTACT w/P.T.ITU.TO -UEATWERINIS- SEVERE RECEIVE MN G90 GALV,OR GREATER AS READ BY FASTENER 3. DEAD LOADS AS FMLOW5: o O ^ 4 MFR FOR TYPE OF P.T.CHEMICAL USED AIND/OR ENVIRN TENT O . -WOOD ROOF w/.SHINGLES: 10 PAF ` 1 S. ASPHALT ROOF SHINGLES TO BE UL CLASS A FEERIGLASS,LAM.STRIP SHNSALES 4. PLACE FILL 4 BAGTCFILL N MAX 8'LIFTS. COMPACT EA,LAYER UNDER SLABS � Cd `I O AS MM.BY TA WD,CERTANI'EED,GAF,OR EQ PROVIDE ICE 4 WATER SHIELD 4 FOOTS DRY DENSITY MR%%. DO NOT BUILD ON IFVMTRMT14 SOIL � � � 0. � FROM GOTM BACK TO 24'PAST THE MOE FACE OF ALL DCL WALLS, WITHIN 24 INCHES OF VALLEYS AND AS RECOML BY SHINGLE MFR RK 5. CONC,WOTO MEET TO ALL PROVISIONS OF LATEST ED5 OF ACI 3014 318, � 6. STALL PARTITIONS TO BE I x 8 OAK VERTICAL NCL FREEXNCs 4 HOT WEATHER PROVISIONS. rM I CEMENT PER ASTM C50 C/) SOLD 4' UP TO -0'AFF.Y-0 V4'POWDERED STEEL MAX I IN.STOPS PER ASTM C33. SLUMP 4 N-/-'I N NO CALC.04LORIDE • }4 '--' GRILL TO BE FASTENED ABOVE UNLESS NOTED OAIL CONCRETE TO HAVE 26-DAY MR COMPRESSIVE STRENGTH AS FOLLOWS: Wl Wl b O � N ►--� W x O O 1. EXTERIOR"IN I TO BE LINED ON INSIDE w/. -3000 PSI ALL LOCATIONS Lo AIR ENTRAIN CONCRETE AT EM.HORIZ SURFACES:6%+/- 15x. -`' — — — — I x 8 OAK V1.RTICAL.BOOR TO CLC REUF.TO MEET ASTM A615,GRADE 60. WJIIF TO MEET ASTM AIS5,GRADE 65. �I PROVIDE COVERING OF RENF.PER IBC TABLE 190'1.11 LAP REUR MR 24'. W SY 50L LEGEND PROVIDE CORNER BAR ro MArCN CONTN RENF. LAP WWF.MN 8'. 2 \6, We VERTICAL WHITE oo „��XX CONC,TO 13E MOIST CURED OR PROTECTED w/ME BRANS. ,4.1 PINE BOARD 4 eArreN W 6. ALL STRUCTURAL WOOD r0 BE GRADED-MIN.SPR OR n HEM-FIR UN,O. SIDING(rYPJ Dl �'-0'x8'-0' O -- -IDINICs DooR 1. EN G3RD.UID.PRODUCTS TO HAVE FOLLOWING STRI9 THS: I STALL •I STALL 03 LVL: Poo 2900 PSI MSR-LbE:Fb= 1800 PSI (10'x129 I (10'x129 LSL:Fb -2325 PSI HYY.MSR-LSE:Fb■;2250 PSI D2 4'x'1' SLIDING STALL DOOR 1-JOISTS= TJI SIZE 4 SERIES AS INDICATED OR EQ BY. GLULAMIS: a-RATED SYP,Fb -2400 PSI,ks?S0 PSI e POST TO EXTEND UP BTWN. NOTE ALL MULTI-PLY BEAMS 4 CMM NS,ARE MUM,Nor MECIN.FASTENED. D3 HORS.(TYPJ 12 GA.GALV.ANGLE D3 � APPROX GRADE D3 4'xT' DUTCH DOOR w/.WDUU & COMRACIOR IS RESPONSIBLE FOR ALL MEANS bF CONSTRUCTION,NCL FAS'TNER 15Y SIMPSON PROVIDING GUYS,BRACING,4 SNORING AS REQUIRED FOR ALL LOADING MODEL A33 w/. l4) 100 N M CONDITIONS TFROUCsFNOIIT CONSTRUCTION AND JOB SITE SAFETY.CONTRACTOR D2 D2 N�,4fL8 t0 P�LATTE4TYPt E0d � � U � U �CCD CNI N 28044N SLIDING UJDUL IS Nor r0 STORE MATERIALS IN EXCESS OF DESIGN LIVE LOADS WTHOUT Wl (GRILL + STALLS) APPROVAL OF ARAa1. SIDE l2)AT EA.MAIN POST 3 � M NOTE0F PLAN 1,h71F'1L.�G: I 4x4110.POST T'YP. I } � =d I SECTION NUMBER � ( 61 I j � �RON T ELEVATION � � 5 `'N SWEET SECTION IS LOCATED. THIS DRAWING WAS DONE FOR� SOLE PURPOSE OF ASSISTING r I � � � � '� y � )E: J4N STRUCTURES IN CONSTRUCTION OF THE BUILOMG. IT SHALL O -� SCALE: 1/4"■ 1'-0" L c CO ' DETAIL NUMBER NOT BE USED BY ANY PERSONS M ANY,MANNER OTHER THAN THE I , EMPLOYEES 4 DEALERS OF J4N STRUCTURES WITHOUT THE WRITTEN J cc rn SHEET DETAIL IS LOCATED. PERMISSION OF J4N STRUCTURES 4 THE ARCHITECT. ALSO THIS J $-F--ELEVATION BULLET DRAWMXa SHALL NOT dE COPIED WITHOUT THE UURITTPN PERMISSIOIN I J POST TO EXTEND UP BTM 1 w 0, °O � OF J4N STRUCTURES 4 THE ARCHITECT. HDRS.(TYPJ n a a STALL *2 STALL 04 ' D3 (10'x12') (10'x12') D3 N © cz rsa o O O � N LLqe I= rn Wl Dl Wl b' Z o c C-0 O c� 70 O o MODULAR BARN MODULAR IBAM4 +^x 30'-0” 10 ��3 10 FRONT ELEVATION bd0 VERTICAL W4NITE N NOS r PWS BOARD 4 BATTEN 1-` SOIPICs IrYPJ FLOOR FLAN ALL FR x Moo E P N. DIA. ' PILLAR x 36 DEEP (UNrOJ �.� WALE: 1/4 V-0" J APPROX GRADE I I I I I I I I w � � � � U U u U Row � z � � � � b A RAFTERS ATTAGI-E7 04,51-M .—. ' - won"PLYIIP- EAELEVATION SDE�iRAF1ER FASTENI REAR � E GA NUINCAPE TE i (10)1x%5/8'CROWN ST U� AGF"T SNFKsM FASTENER BY SI PSOINI FASTEN EA.COLLAR TIE w/. �.� SCALE: 1/4"■ I'-0': -SEE NOTES MODEL WSA (6)Od RUNG SHANK NAILS SEAL Be FELT OVER! �lk '`IRC •60 Lit �EDGE�NG•/.8d NAL5 G 18 GA FI RICANS tE O�h� Fkoy FNC�r�� 12'OG FIELD SPACING . (U 13/4"x9 U4'1lDE LVL FASTENER BY SI'PSON 3.15 u/.(10)3 V4 CsALY.U20 MODEL M � 2x6 q MRAFTERS+16'OAC. 04"NAILS AT Ea POST I ' (3)120 NALS-tOENAIFD +EA RAFTER TO TOP CONTINUOUS 9r� 23435 PLATE CONNECTION RIDGE VENT OF NE TYPE K'AW'L TOP OF_ FEADER SHINGLE ROOF GUTTER(80J � 2x4 OAK GIRTS 2x4 SPF TOP PLATE 111-1,1113 24 PINE WD. bu 2x4FASTENOA C HND FASTEN TO PLT THIS DRAWING IS THE PROPERTY FASCIA�J L2x8 N SYP FE.4DER DOOR w/(3)120 NALS(TOW) 120 NAILS+160 OLS 12 GA.GALV.ANGLE Or ENGEL ARCHITECM IT MAY NOT a 13/4'x9 U4'247E LVL 4x4 POST FASTNER BY SIMPSON BE REPRODUCED IN ANY FORM IM E VE NTED 13/4'x9 U4 2�E LVL. 3-PLY�2x1,POST d.(10)3 U4'GALN 120 bcl0 VERTICAL WHITE MODEL OA33 w/.(4)l0d WITHOUT THEIR PERMISSION. DO 11/.(10)3 V4 GALY.U2® N(Ti SCALE DRAWING. CONTRACT(TI2 Sam SHANK NAILS+TA POST SHANK NAILS+EA POST PINE BOARD 4 BATTEN OAK KICKED. NAILS t0 POST 4 (4) 10dSHALL VERIFY ALL CONDITIONS SIDING(T YPJ FASTEN o/. NAILS TO PLATE TYP. do DIMENSIONS ON SITE PRIOR bd0 VERTM 01TE (3)ad NAILS FA GIRT 4 SKID, P.T.6x6 GRADE EA.SIDE (2)AT EA MAIN POST TO PROCEEDING WITH THE WORK. PINE BOARD 1 BATTEN a AISLE U1A'1' BEAM (TYP-) PROJECT N0. SONG(TYPJ FASTEN d. 4x4 POST e e e STALL FLOOR 2x4 PLATE FASTENED 13324 (3)8d NALS EA GIRT 4 SKO Ibca OAK '- TO GRADE BEAM w/ 6M MANAGED 8Y (2) 120 NAILS + 16" O.C. 2x4 OAK BRACE >z GA kV.ANGLE _ KICK BOARD FRAMM AWA,E D. KUL INA 2x4 OAK GIRTB FASTNER BY SH'80N c EA HND BY Sil F'SON FASTEN EA.SND v/(3)12d NALS(TOED) MODEL IA33 at.(4)ION � ICK BOARDS NAILS 10 POST 4(4)10 P.T.bx6 GRADE MODEI A34 VERT bO a4K KNAILS`TO PLATE TYP. BEAM Mr.) R. ENEDI' DRAWN BY EA SIDE(2)At EA MAN POET 4x4x3/16' THS.HURRICANE 'v PT.6x6 GRADE 611 BRACKET - SECURE w/. ° REVISIONS BEAM(TYPJg�1, w/.(2)3/4" DIA.BOLT'S _ YY (U INTO GONG.MIN.1' � Ul 4 (i)TO 6x6 a v a APPGRADE , A1,E at4C T 4x4x3/16 W HURRICAINE l Ild SEE DETAIL BRACKET-SECIM w, ° ROX. 3'x 1/4'BOLTS I I u CONC.FTG.VARIES Car-Ra vAM -SEE PLAN FOR SIZES ! .4 -SEE PLAN I/A.1 FOR SIZES d ° '� I I APPRIM GR4DE I I ! ° we vmc&wHrm I, DATE `— PINE BOARD 4 BATTI9N j U SONG(TYP) U U.. _-..._. _.-.. ___.,_ �_ DECEMBER 21, 2013 Im-m Im-m ;!`�•�� ���._.._�_. _._'.._..__.._�.....__ ._-._'.' DRAWING TITLE FLOOR PLAN I 2 SIlTE �TU,}i - c �l�14 EXTER. E L EV. SEC 511DE YAT ( OIi CTION _ _ SHEET NO.5UILDINC5ECTION -1 ;`Fl. 3/8SCALE: 3/4"■ 1'-0" SCALE: I/4"■ 1 -0" SAME ASOPP SCALE: 01 1 I • I i i I '25 YR.ASPHALT SHINGLE ROOF TOP OF FADERS hi ALUM.DOWNSPOUT �A BY OWNER (`/�� RECEIVED SIDI�1TICAAL PINE WD. 14, I JUL�I1 I APPIROX.GRADE �. ARD OF APPEALS Wl - - - - --- - FIN.PLR_ 10000, W4ER& NOTES - NYr41C�RICIY.TIJR BU_� I ON �71 IiA:IV 11.it�G% I ` I 24'-0" THESE NOTES APPLY TO ALL DRAWINGS: L PER NY CODE SECTION 1012 EXCEPTION 1,T1415 BUILDING CLASSIFIES AS AN L FANDATIONS SIGNED FOR ASSUMED 3000 PSP ALLOAL NET SOIL BEARING CONTRACTORo VERIFY. 01WR TO PAY FOR SOIL TESTS AND A,1 AGRICULTURAL STRICTUFE AND IS NOT REQUIRED TO MEET ANY CODE, FOR REDESIGN14 INCREASED CONSTRUCTION COSTS IF SOIL NADEGIJ,TE EXCEPT MUST COWI.W TO ELEC.REGITS.OF NEC, I I STEP FDNB.AT IITIL.--NO UTIL BELOW FTG.w/o ARCH.APPROVAL- I 2. PROVIDE EROSION PROTECTION AS REQ'D.8Y ALL GOVERNING AUTHORITIES. � I 1. DESIGN LIVE LOADINGS AS FOLLOWS 3. PROVIDE PT.WD."RE IN CONTACT W/EMMROOFMG,FLASNING UP -SIM 20 P5F - SEISMIC USE GROW. i e Di 2 FRONT ELEVATION FJG MASONRY CONCRETE OR EARML -WIND: 120 M 1(EXPOSURE C) -SITE CLASS: D I Wl waTERPRooF STA *I WD.FRAME it I 4.ALL WOOD FASTENERS,HANGERS,ETC.IN CONTACT w/P.T.0D.TO ! - SCALE: 1/4" = I'-0" -SEISMIC RESIST: RECEIVE MIN.G90 QALY,OR GREATER AS READ BY FASTENER �� -�` :�� I (10'x12') 3. MFR FOR TYPE OF P.T.CHEMICAL USED AND/OR ENVIRONMENT. DEAD LOADS AS FOLLOWS: 5. ASPHALT ROOF SHINGLES TO BE UL CLASS A,FIBERGLASS,LAM.STRIP SHINGLES -WOOD ROOF w/.SHINGLES. 10 PF I I S YR ASPHALt CD AS MFRD.BY TAMIGO,CERTAINTEED,GAF,OR Ea PROVIDE ICE 4 WATER SHIELD 4. PLACE FILL 4 SAWILL IN MAX V LIFTS COMPACT EA LAYER WER SLABS I I SHINGLE ROOF4% " F OF ALL EXT.WALLS 4 FOOTINGS DRY DENSITY MR 95x. DO NOT BUILD ON LNDERSTREW04 SOIL t_OP OF I-E ADERSW FROM GUTTERS BACK TO 24 PAST THE INSIDE ACE V I I — WTTHIN 24 LACHES OF VALLEYS AND AS RECOh1 BY SHINGLE MtR 13014310, OAK ICKBOARD w/. T '�� W N 04 3. CONC.WORK TO MEET TO ALL PROVISIONS OF LATEST EDS.OF AC 6. STALL PARTITIONS TO BE I x 8 OAK VERTICAL INCL li4E NG 4 HOT WEATEER PROVISIONS. TYPE I CEMENT PER ASTM CW POWD COATED GRILL SOLID UP TO 4'-0"APR V-0 V4'POWDERED STEEL 0 I 3 GRILL TO BE FASTENED ABOVE UNLESS NOTED ONL MAXIM.STONE PER ASTM C33. SLUMP 4 M+/- I M. NO CALC.CHLORIDE � CONCRETE TO HAVE 28-DAY MIN.COMPRESSIVE STRENGTH AS FOLLOWS: b I ALUM.DOWNSPOUT L x 1. EXTERIOR WALLS TO BE LNED ON INSIDE w/. -3000 PSI ALL LOCATIONS � I I •— �Q •VZ Z • M CONCRETE AT EXi.HORIZ SURFACES:6x+/-15x. BY OWNER d I x 8 OAK VERTICAL FLOOR TO CLC. AIR ENTRA I 4x41 WD.POST TYP. REW.TO MEET ASTM A615,GRADE 60. WWF.To MEET ASTM A05,GRADE 65. C O N 1.0 PROVIDE COVERING OF REINF.PER IBC TABLE 19011J. LAP REIN MIN.24". VERTICAL PINE WD. � �Np �^ I D PROVIDE Coli ER BARS To MATCH CONTM.REMF. LAP WAF.MIN.8. I I L •c a N S 1 1 WL LEG CONG TO BE MOIST c�RED OR PROTECTED w/ht 41�E. I SIDING-1 TYP. 6. Go ALL STRJC p*&WOOD TO BE GRADED -MIN.SPA OR n EEM-FIR UNA. I I APT'I�OX.GRADE L cc M Dl 4xl' DUTCH DOOR 1. EWGRD.IW. ; S To HAVE FOLLOWING sTRENGTHS: a Dl { ~ Fb■ PSI MSR-IbE:f1�■ 1800 PSI I Wl LVL= N J FIN.FLR 10000' LSL:Fb ■ 23 FSI HVY.M6RA9E:Fb■2250 PSI - '- LLI NOTE ALL ML -PLY mam 4 COLUMNS ARE GLIA*,NOT MECH.FASTENED. I I { Wl 28"x24" SLIDING WINDOW I OC STALL '"2 I � 24'-0" 0 cd s. CONTRACTOR Is RESPONSIBLE FOR ALL MEANS OF CONSTRUCTION,MCL PRoVIDNG CuI a,BRACING,4 SNORING A5 RE6AJIRED FOR ALL LOADING i (10x12') O CONDITIONS CONSTRUCTION AND JOB SITE SAFETY.CONTRACTOR ` T*"='T I SECTION NUMBER IS NOT TO STOKE MATERIALS IN EXCESS OF DESIGN LIVE LOADS WITEIOICT I I I �I �'' � .-� SHEET SECTION IS LOCATED. ,4PF'ROV'a" AR'H I / I O 1�'' N 1' 3 REAR ,ELEVATION �' �' '11 DETAILNIJMBER 114 r L -� - - - - - - - --dw ^, d' Aa OCA Wl A.1 N SHEET DETAIL IS LOCATED. SCALE: 1/4" ■ V-m" �1 O O $ i LEVATION BULLET '� �_ -0 NOTE; ' ALL POOTING8 TO BE 18" DIA 1xb WHITE PINE 0 O_ '� # FLAN PILLAR x 3b ADEEP IUNa BDFASCIA . OOR A,1 SCALE: 1/4" = 1'-0" toP OFHEADEta'S ti N I (TRIM*EACH CORNER ® (1� �1 M_ ALUM.DOWNSPOUT BEYONDCZ BY OWNER (Y APPROX.GRADE 4. w FIN.PLR, 1000' jLmmmj. (� 4-j i bN24"x5/8" TW,PLYWD.GUSSET, VERTICAL PINE WD. cd ASPHALT SHINGLES FASTEN w/.(10)16 GAA 1/2" STAPLES SIDING TVP. 2x6 N SYP • EA PLYWD.TO RAFTER CONNECTION U RAFTERS • 16" OAC. 24° (GUSSEt • EA SIDE OF RAFTER) 150 FELT PAPER OVER 2x4 wl OR BTR SPF COLLAR TIE 1//. WNAIL SHEATHING, NAILS A END w/.(6) 16d 4 G A f5L� ELEVATON $E�w/. Sd NAILS 4 OCG. • EDGES 4 8 oz.Twfa UT LVL I-FADER �Y ,~ SmL18 GA HURRICANE TIE elle AR 1xb PINE WD. ``` 12 FASTENER BY SIMPSON ,4.1 SCALE: 1/4" = 1'-0' OPPOSITE SIMILAR ��5� FtOY FNC 4x4 POST EA SIDE FASCIA TYP.--N,, � 4 +/- OF +/_ MODEL 413 �, F� OF DOOR FOR GIRT w • HDR SUPPORT 1 3/4'x9 1/4" LVL 2.OE, 2WVFb,FASTEN to POST w/.(10)16d NAILS 1 3/4"x9 1/4" LVL 2VE, �9 ?5435 2qg=r1b,PAEM TO E!= b lF OFwl.(102 ISCI NAILS N5� (e 3 4x4 01 GYP POSTS THIS DRAWING IS THE PROPERTY 2x4+Z TR OAK GIRTS TYP. FASTEN PARTITION GRILLS w/. • 24" O 3) 12d NAILS = l2)3/8"4x2 1/2"'LAG SCREWS WI ENGEL ARCHITECTS. S N. NOT BE REPRODUCED IN ANY FORM WITHOUT THEIR PERMISSION. DO �► TO EA POST 12 GA GALV. ANGLE NOT SCALE DRAWING. CONTRACTOR FASTNER BY SIMPSON do DIMENSIONS ON SITE PRIOR EA IXIO VERTICAL WHITE 0 4x4 POST SHALL VERIFY ALL CONDRIONS IxIo VERTICAL WHITE PINE BOARD 4 BATTEN f MODEL OA33 w/. (4) 10d TO PROCEEDING WITH THE WORK. PINE BOARD 4 BATTEN SIDING TYP.(3)ed NAILS SIDING TYP.!3)8d NAILS EA GIRT OAK KICKED. IVNAILS t0 POST 4 (4) 10d NAILS TO PLATE TYP. PROJECT NO. w EA GIRT 74 P.T.bxb GRADE ` EA SIDE (2)AT EA MAN POST 14153 BOOR 1x8 OAK 2x4 OAK BRACE Ol 0 INCA 4"x24" STL.CORNER BRACKET KICK BOARDS (3)12d NAILS,TOED,EA END BEAM (TYPJ OF V4" PLATE STEEL,FASTENED ; o 0 2x4 PLATE FASTENED MANAGED BY TO EA SKID w/.(2)3/8"4 BOLTS 2x4 42 OR BTR OAK GIRTS C STALL FLOOR TO GRADE BEAM w/ E. ENCsEL (TYP.4 COWERS) • 24" oz,(3)12d NAILS - EA END 1x8 OAK (2) 12d NAILS • Ib" O.G. DRAWN BY 4 BOT. TE,FASTENED 12 GA GALV.ANGLE KICK BOARD \ SKID / 12d NAILS,4" O.G. FASTNER BY SIMPSON P.T.6x6 n OR BTR SYP a R. ENEDY MODEL A33 w/.(4) 10d GRADE / \ REVISIONS NAILS TO POST 4 (4) 10d I w NAILS t0 PLATE TVP. I 4x4x3/ib' THK.HURRICANE .. a . EA SIDE l2)AT EA MAIN BRACKET - SECURE w/. ° 4x4 POST FIN.PLR. _ (1) INTO CONC.MIN.1" - - - - - - - -- [ I w/.(2)3/4" DIA BOLTS 4 (1)TO 6x6 SYP c 4 P.T.6x602 OR BTR I I ° ° 3 lRO GRADE BEAM TYP I I Q z �J+ (-1 A �_ " 4'-0" f I I CONC.FTG.VARIES E� 41-0" 4 0 CONC.FTG,VARIES -SEE PLAN 1/AI FOR SIZES, 4 ° .4 JUN - 6 2014 DATE -SEE PLAN I/Ai FOR SIZES 101-011I I a "' JUNE 3, 2014 IT-O" 7r -t — a E1�,r DEPT. DRAWING TITLE T PLAN EXTER. ELEv. SECTION I SHEET NO. 5ECTION -� FOOD' INCA IDTL. BALL F -'AM INN SECT I O� � �� I �1� INC� SCALE: i/2"= 1'-0" ,4.1 SCALE: Il2"= 1'-Q1" ,4.� SCALE: 3/4„- '1'-0” DRAINAGE CALCULATION5. 115E MATERIAL AREA (5.F) X RUNOFF 60EF. = E00V. DRAIN DE5167N X DE5I67N RAINFALL = DE516N VOL. (C.F.) 3 STALL CLEAN 5AND ROOFING A5PHALT 3 5TALL BARN : 720 5-F X 1.0 X 0-16 = 115.2 6.F REQUIRED/144.0 6.F PROVIDED PORTABLE BARN LIGHTING SCHEDULE 5HOULDER /AREA. 5HINGLE 2 57ALL BARN : 240 5.F X 1.0 X O.lb = 38.4 C.F REOUIRED/60.0 C-F PROVIDED 2 .00' -0 FULLY SHIELDED FIXTURE TYPICAL A (SEE SPEC) EXlS TlN6 A5l'HAL T GRADE ROAD 5URFAC SHEILDED PAR FLOOD B (5EE 5PEC) PARKING PROVIDED Q -0A OTNOTEONLL LIGHTING ACTIVATED TO BE 0 0 o I SPACE PER 1,000 65F 4 SPACES m foo °o°° ° o op GLE�4N 6R/�VEL FILL. 0 1 5PAGE PER EMPLOYEE 4 SPACES y o 0 0 0 o o a FILTER CLOTH 0 0 0 0 0 Q B o °°o a o o — TOTAL = 8 5PAGE5 U) 24.00' 28. 7.x' ° a °opo — UNEXG VA TED SOIL B ►t* zs QDo o0a pD pp� , Nlfzn0roVin eras7'' 0 D 0 - Q D o 0 0° —11111 1im,nrnr jj� o p o p o o rarGnuvgNwey 0 RECEI1/ED ap —_ 201 ..., Q �= Q QP-7 JULY 1 201 25. : 0 m_ UF- T 2 STALL PORTABLE ®ARCS OF APPE/4LY ,L L A IN ETA I � cy W BARN S / 5CALE = N.T5. Nfaaa6"a[j�aR'€a7t^x ` •. su°�`" � ; , 24" DEEP X 16" WIDE GRAVEL d: f INFILTRATION TRENCH DRAIN - (TYP. EA BARN) L OCA 7/0NMA)m I� �I/" I �I SCALE= N.T.5. 5CALE = I„ = 40,-0" Map ofEN-08-clb, ahs Lane Estates, Sect. 3" Filed as File # qq 13 Map of "Eli oh's Lane Estates Sect. 2" Filed 1 -08-clb as File #� ggl2 �r N In - s r- o Development Development -9 540°0,1'50"E g .� '� Rlght5 Sold Rlght5 Intact 556 °31 '50"E 423.50' x 20.00 Acres 4. 16 Acres wo 140.51 ' 534°42'50"E 4142.40' o��. 538°31 '50"E 643.60' 53-7002'50"Eo3250E 538 03050E 53-1°36'50"� 2,1x.63' 6-7.36' 5 iL 566.3-7 36162.145' I01 .20' NEW FENCING (Tlf') ---- -- -- - -- - -- _ Land ofNom York State dRedxrge Ar" ra 0 o I 536°4,1'33" 503.55' PADDOCK AREA PERMIABLE DUSTLE55 LL- -- -- __ PAVING AND UN-OBSTRUCTED 15'-0" W ACCE55 TO p ` PROP05ED BARNS / EXISTING EXI5TING �/ / P) O / O BARN BARN EXISTING SINGLE R-40 DWELLING/ o 2460.44' ' ® OUTDOOR TRANING _ __ ;-PERMIABLESAND SUR�AC� `°.;:.': ;• / ----- - ------ ---- ---L NEW FE -- - / N36°014'45"W - -- -- - - -- -- _ _ _ PARCEL INFORMATION 26-72.143' - -- -- __ __ _ N34°24'53"1n( SHOWAL TER FARMS LLC SECTION: 108 3 325'00 f ti� 18625 MAIN ROAD(RCUTE25) BLOCK. 4 P/ Development Development 6 �' MATT WK, NY IM52 LOT 1.4 �~ 24.18 AOREs Rights Sold Rights Intact 20.00 Acres 4. 18 Acres ` AL* Land now or formerly of: Henry Rutkoski 4 Helen Rutkoski Nf ®� A/V SEAL: REVISIONS/SUBMISSIONS: DRAWING TITLE: ADATE: DESCRIPTION: 5CALE = P' = 100 O° PLOT PLA/y WITH PROPO/•ED PjAR/_f CAD FILE NAME: P:15-1777\20 - C17\10 - Current\1777 site plan PROJECT TITLE: DATE: NSA PROJECT : N EMSCHICK SILVERMAN ARCHITECTS P.C. fHOWALTfR FARM 6/20/14 15-1777 the business of ARCHITECTURE." -- 18625 MAIN ROAD SCALE: DRAWING NO.: MATTITUCK, NY 11952 A„/•/TOTED 33105 Main Road, Cutchogue, New York 11935 -- -- DISTRICT: SECTION: BLOCK: LOT: DRAWN BY: Phone : 631-734-7007 Fax : G31-734-7347 m COPYRIGHT 2014 NEMSCHCK SLVERMAN ARCHITECTS P.C. 1000 108 4 1.4 http://www- ns-arch -com PLAN NORTH PROPERT ***r SITUATE : MATTITUGK TONN OF SOUTHOLD SUFFOLK GOUNT-*-r/ N-T" 01 SURVEY 11-25-2013 9� UPDATE 07-0-1-2014 0�3 \\ N SUFFOLK COUNTY TAX 000 - lob - 4 - 13 -7002014 1000 - 108 - Li - I .4 (0Y7 O JUt ATEFM TO: FARM cRMrr EAST FOE=NATIONAL TITLIS INSURANCE COWANY %S1 �6 0 NOTES: L�rA` •� (\\�' ■ MONUMENT FOUND 0 PIPE FOUND o'� o v HEDGE TOTAL AREA = 24.15 AGRES AREA SUBJECT TO DEVELOPMENT RIGHTS= 20.00 AGRE5 ° �vl AREA WITH DEVELOPMENT RIGHTS INTACT= 4.18 AGRES IS?o 9 qj Q' �6 os V°\1 Ic- . s 0 �o vo \ �o �k, o\ Ile s oma, o 0 d �� ; s .• 6 � 4 9 % 9 u ; l ment ` � Develop ; 20.00 P,creS ; ; \ \ L \ >0-` � \ Y 35IL2 '` N92+2 1k i 5 ; z / q 0 �0 a \ �s erg•' / ��� \�Fb ° 1q zi+ q 24F^4/ jy Land now or �i1 �^° / + `; • Formerly of i /`' Edward IF �utko5ki •O �1 .� / 1 ;� I,I�iO' /- 1I)ah 5 Lane i. II Main 5�I6°4�'3� Road nantharizetl alteration �tltlit en to a survey 244•O� map hearing a licensed land•%-divot's sealsis iolation of section 7209. sub-tlivisuca 2. of the New York State Education Law." Only copies from the original of this survey marked with an original of the land surveyor's reN stamped seal shall be considered to be valitl true { copi ass �j "Certifications indicated hereon signify that this ELt���0. survey was prepared in accordance With the e.- •'F.M1b t7 �s ting Code o£Practice for Land Surveys atlopted by the New York State Assoc is tido of Professional ,(\ Land Surveyors. Seitl c rta f>catibne shall run only V to the person for frfion the survey is preparetl. gy and on his behalf to the title conpany. governmen- ' ./ - a^ tal agency and lending institution listetl here,n. and to the a signees of the]ending in et itut�o n. Certifica- 'f .,'�, 1j tions%a re not transferable to additional institutions Ff K 1 y�;�•n J Y � .,'... OP 4PHIG 5GALE I"= 100' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.UC.NO.SM RIVERBEAD,N.Y.11901 369-8288 Fax 369-8287 BOARD MEMBERS �F SOuj Southold Town Hall Leslie Kanes Weisman,Chairperson ' /y0 53095 Main Road•P.O. Box 1179 �� l0 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Homing ►O �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOUNTY Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 November 7, 2014 Ray Nemschick 160 Main Street Sayville,NY 11782 RE: Special Exception 46778—Showalter Farm, LLC Dear Mr.Nemschick: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at their November 6, 2014 meeting, granting you a Special Exception Permit to operate stables and a riding academy, pursuant to Article XXV Section 280-140 of the Town Code. Before commencing any activities, a building permit and/or site plan approval may be necessary, please submit a copy of the enclosed decision to the Building Department so that they may make the necessary determination. Please also note that 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 your responsibility to contact the Building Department each year to renew your permit. 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 in the enclosed decision. If you have any questions, please feel free to call the office. Sinc(er�ely, �� $�L� Vicki Toth Zoning Board Assistant Encl. CC: Building Department SEE SEC.NO.101 FOR PCL.NO. _ SEE SEC'NO. ^ NO.101 MATCH___---- ONE NO .NO. 104 9.OA(c) 3 2.7A(c) EELLOWSMP 1 J 'A(c) a O. r 1 O iii Cv_ p - '�- -7. S-o a a Cod - f - -7, P iep3 7.18 F t o fJ l - 7. � 3.9A(c) �L V a_OF MENT RIGSOUTNOID ; (41 DEVELOPHTS) 7.17 o g - q- / L S- 9' log - O 3 750 7.16 7 2 \ $ 7.15 .,Q `/ jz 2.4A(c) �P. a cT (6 1 o O - 4- 7` 3v m 7.49 $g' 714 - -7, 3(o X7.48 4'� @ 7.1 - 7, 3 jPP QO 6 4' 3v -9 P1 7.51 d7.47 1 �- 7• 3 CJ ,.1Mc) an �O 'o LJ 7.5 ` 2 �q�3 ' 0 /. 3 l•� ?p 7.32 ,'� e.. i/ �J s Q y '4+ 7.53 � a 101 - 754 o C)/ - i al rp om 1. $ - - a. 0. ,� '`� 7.30 3 V � 20 OA 7.33 - �y (TOWNOF tD O DEVELOPMENT GHTS) RI .P '� 7.34114 g Q 7.35 ' 736 log - ( • 7.37 fi 'b9 5.9 9 7.25 7.41 T� a, 7.38 7.39 73 3 723 ��Z,P� LOA(c) {y 7.43 yf"' ♦1m1 T +`• •z • a 113 741 " ;n 1a FOR PCL.NO, FOR PCL.NO. FOR PCL NO1.OA 7 46 744 FOR PCL.NO. SEE SEC.NO. . n $ x, FOR PCL NO. SEE SEC.NO. 115-02-009.3 SEE SEC.NO. 745 s SEE SEC.N0. 115-02-005 115-02-010.2 �'+ '. SEE SEC.NO. 115-02-003 115-02-002.1 13 ¢ ' -1e4 1c1 .j Lao 3' Sz z v�xoKs (•y 0M m „ ,01 6 S 9 tv 1.9A(G aoM ,,, aw 14 a 1 N 3 d� ' n 01 23 23.3A(c) ,m� 2.OA g 11 (rOWN OF SOUTHOLD root m s M T� � � DEVELOPMENT RIGHTS) O 'g '} y4 .m 4 S $ 1O 0z2.1 xr 2 $ 1 2 3 o a la ,n leis 3 w o 33.OA(c) w n (TOWN OF SOUTROLD ,9 558,d Ulo / DEVELOPMENT RIGHTS) A ,9N 1311A(c)� 7.3A cJ ( , �.& 20p(c) •"°` g2 ln, aw ,�., ,1p e` ,� 1't 8-7 5 7 yy 25 SOF HI 19 �' �� ♦6 ~ate - gf A: e SR4 8 51A 5 U1, xx p q0 s F, o tW 0 23 > _ 0 ,2 t A • t07N�1 aoo 0 3 "', A 1.3 ,v y_ 13 A D 3 M> 8 h� '24 8A(c) 500 A m xw ,so A _ ryr, 24 roe au 'p1 8.8I.D--