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HomeMy WebLinkAbout4212 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Town Hall, 53095 Main Read P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4212: Matter of the Application of FRANK B. ZIMMER. Special Exception under Article III, Section 100-31B(12) for permission to establish new Horse-Riding Academy. Location of Property: 29525 Main Road, Orient, NY; County Tax Map Parcel No. 1000-13- 2-7.8. The subject premises contains 17.54 acres located in the R-80 Zone District, is presently improved with barns and utilized as a horse farm. At a Meeting of the Zoning Board of Appeals held on February 2, 1994, the following action was taken: WHEREAS, the Board has carefully considered all testimony and documentation submitted into the record concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question as well as the surrounding zoning districts and land-use districts; and WHEREAS, an Unlisted Action Class and Negative Declaration determining no adverse effects to the environment under the N.Y.S. Environmental Quality Review Act (SEQRA) has been determined by the Board of Appeals with respect to this project; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicant seeks a Special Exception under Article III, Sections 100-31B(12) of the Zoning Code which provides and authorizes by Board of Appeals approval a riding stable or academy. 2. Submitted under this application for consideration are a survey amended June 10, 1986 and a sketch of a survey map showing the existing stables, paddocks, turnout ring, indoor arena, outdoor ring, pasture areas, parking, etc. 3. It is noted for the record that: Page 2 - Appl. No. 4212 ~atter of FRANK ZIMMER (ZIMMER FARM) Decision Rendered February 2, 1994 (a) the existing use of the premises and buildings, is presently allowed agriculturally as a horse farm on 17-1/2 acres with accessory uses incidental to the horse farm such as riding and training of the horses (without charge or profit); (b) the subject premises is located in Orient, Town of Southold along the north side of the Main Road (State Route 25) and is identified on the County Tax Maps as District 1000, Section 13, Block 2, Lot 7.8; (c) running along the westerly side of the property is a private right-of-way extending north as access to other lots. 4. It is the position of this Board that: (a) the riding stable(s), or academy, as proposed, will be in conformity with the Zoning Code as applies to this Agricultural-Conservation Zone District; (b) the amount of land applied to this proposed use is more than adequate and will lend to the efficient and safe circulation for vehicles and pedestrians as well as maneuverability of the horses, stable equipment, and vehicles on the site, and appropriately located customer and employee parking areas which are established by the site plan regulations through the Planning Board and Building Inspector. (c) lighting presently does not adversely affect neighboring areas and will continue to be shielded, except for necessary security and safety purposes. 6. In considering this application, the Board also finds and determines: (a) the use as a riding stable or academy for profit will not alter the essential character of this agricultural area and is in harmony with and the general purposes and intent of zoning; (b) that these uses will not be harmful aesthetically or be substantially adverse to public health, welfare, safety, convenience, or order of the town; (c) that the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (d) the use is in harmony with and will promote the general purposes and intent of zoning; (e) that all structures, equipment and material are presently and will remain readily accessible for fire and police protection. The Board has also, among other considerations, considered subsections (A) through (P) of Article XXVI, Section 100-264 of the Southold Town Zoning Code. i Page 3 - Appl. No. 4212 Matter of FRANK ZIMMER (ZIMMER FARM) Decision Rendered February 2, 1994 Accordingly, on motion by Member Wilton, seconded by Chairman Goehringer, it was RESOLVED, to GRANT a Special Exception, for a proposed Riding Stable and Riding Academy SUBJECT TO THE FOLLOWING CONDITION: Lighting at night shall be permitted for security and safety purposes and such additional lighting not adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Wilton and Villa. This resolution was duly adopted. lk RARD P. GOEHRINGE~, CHAIRM~N / RECEIVED AND FILED BY ,~ SOUY~iCLD ~'~'~-'~- d' ~' ~ Town C!crl:, Town cf ~' APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOVFN OF SOUTHOLD ADDITIONAL HEARINGS Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, FEBRUARY 2t 1994, commencing at the times specified below: 4. 7:45 p.m. Appl. No. 4212 - FRANK B. ZIMMER. Special Exception under Article III, Section 100-31B(12) for permission to establish new Horse-Riding Academy. Location of Property: 29525 Main Road, Orient, NY; County Tax Map Parcel No. 1000-13- 2-7.8. The subject premises contains 17.54 acres located in the R-80 Zone District, is presently improved with barns, and is utilized as a horse farm. 5. 7:50 p.m. Appl. No. 4213 - IRWIN and AGNES FRICK. Application for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (and Section 100-244B pertaining to substandard lot sizes) for permission to construct addition with a reduction in the minimum setback at the southerly side yard. Page 2 - Additiona~earing Notice · Southold Town Board of Appeals Regular Meeting of February 2, 1994 The existing setback is shown to be approximately 11-1/2 feet, and the addition is proposed to extend 6-1/2 feet from the existing dwelling structure. Section 100-244B requires a minimum 10 ft. setback; applicant proposes a five-foot setback. This parcel of land has a total lot area of 13,940+- square feet and is located in the R-40 Low-Density Residential Zone District. Property ID: 1935 Westview Drive, Mattituck, NY; County Tax Map District 1000, Section 107, Block 7, Lot 5. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: January 21, 1994. BY ORDER OF THE SOUT~OLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x x 1004 TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Tm TO-~Ht~-ZONING BOARD OF APP£ALS, SOUTHOLD, NEW YORK: Application No. L~c~L/-~~- Date Filed: of ~ maim ~o~) ~-c 3~5~[<[~ (Residence, House No. and street)~ Ogt£tvT') j~£~ ~'md~(' I Iq~g (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with '.:~: ~::'~,'~ : ..... ~, .,;~_ ARI~CIF~- SECTtO~ Io~-~l~l~ for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): /~-r~cN~'~) A. Statement of Ownership and Interest. ~'~O~ ~ Z~f~f'~:~ is(~4me-) the owner~) of property known and referred to as zqqj_~ ~d~goa~ ~ Omt~,T~ (HouseNo., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section__, Block__, Lot(s) , which is not (is) on a subdivision Map (Filed , "Map of l/?$~8~1 i..z.-2-'/ .e, "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned ~-~0 and [ ] J.s consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ~] is vacant land. ~,~ ~Z)KT/~C ~u~Olme~ o~ COUNTY OF SUFFOLK) T~ .[~ , , , _ .~ ~i gnature } Sworn~o oefore me this ~0 day of OoocLqp~ , 19~?. c) w,m.s ~B2 ~re ~ 2 '6 '86 ~ Nota~ Public, S~te ~ TOWN OF' SOUTHOLD PROPERTY RECORD CARD FORMER OWNER N E ACR. S W ~PE OF BUILDING RES. S~S. VL,~ CO~. CB, ~ICS, ~kt. Velue ~ND I~P. TOTAL DATE R~RKS tillable FRONTAGE ON WATER ~/oodland FRONTAGE ON ROAD ~ea~tow~nd DEPTH ~ouse I~loi'-"- ., BULKHEAD 'oral I OWNER FORMER OWNER RES. I SEAS. LAND IMP. TOWN VL. TOTAL DATE AGE ILDING CONDITION COMM. CB. REMARKS MISC. Mkt. Value TYPE OF BUILDING FARM Acre Per Acre Tillable 1 Tillable 2 Tillable 3 Woodland House Plot // FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK TotoJ., COLOR TRIM Foundation Bath Basement Floors Ext. Walls Interior Finish Place Heat Type Roof Rooms 1st Floor Recreation Rooms 2nd Dormer Y OWNER FORMER OWNER .3 TYPE ( BUILDING RES. LAND SEAS. IMP. VI'ToTAL ~/Od AGE BUILDING CONDITION "NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Wood land Swampland Brushland House Plot Total FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK 454.--r~ APPEAI.,S BOARD MEMBERS Gerard P. Goehringer, Chairman ~erge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ri~h~gt C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 9. 199~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Rudolph H. Bruer. Esq. Main Road Southold. NY 11971 Re: AppI. No. q.212 - Zimmer Riding Academy Decision Rendered February 2. 1994 Dear Rudy: Pursuant to your telephone inquiry today and for your convenience, we are transmitting herewith a copy of the February 2, 19gu, Determination rendered by the Board of. Appeals concerning Mr. Zimmer's Special Exception application. Very truly yours. Liffda Kowalsk~. Clerk Board of Appeals Enclosure APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 22, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Frank B. Zimmer Zimmer Farm P.O. Box 355 Orient, NY 11957-0355 Re: Appl. No. 4212 - Special Exception for Riding Academy Dear Mr. Zimmer: Please find attached a copy of communications transmitted to our office from the Suffolk County Department of Planning which results from their review in accordance with the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area and its tributaries. You will note that the County has left this project for local (Town) determination. No other steps are necessary on your part. This copy is for your update and recordkeeping. Very truly yours, Enclosure Linda Kowaiski DEPARTMENT OF PLANNING ® ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE COUNTY OF SUFFOLK --~=1 :: STEPHEN M. JONES, A.hC.P. DIRECTOR OF PLANNING February 16, 1994 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County A~ministrative Code, the following application(s) which have been referred to the Suffolk County Planning Com~ission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Vesey (Stephen) & Schlitt (Cheryl) ~zOlland, Mary ~m~er, Frank 4210 4211 4212 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Richar_d C. Wilton Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article XIV of the Suffolk County A~ministrative Code, The Board of Appeals of the Town of Southold, Now York, hereby refers the following t~ the Suffolk County Planning C~m'~ission: ~Variance from the Zoning Code, Article , Section __Variance from Determination of Southold Town Building Inspector XX Special Exception, Article III , Section 100-31B(i2) Special Permit Appeal No: 4212 AppliCant: Frank B. Zimmer Location of Affected Land: 29525 Main Road, Orient, County Tax Map Item No.: lO00- 13-2-7.8 Within 500 feet of: Ny __' Town or Village Boundary Line 'XX Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission.to establish new Horse-Ridin§ Academy. ~opies of Town file and related documents enclosed for your review. Dated: Feb. 8, 1994 APPEALS BOARD IV[EMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 4, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Frank B. Zimmer Zimmer Farm P.O. Box 355 Orient, NY 11957-0355 Re: Appl. No. 4212 Special Exception (Riding Academy) Dear Mr. Zimmer: Enclosed please find a copy of the Board's Findings and Determination rendered at our February 2, 1994 Regular Meeting. Please be sure to return to the Building Department to ascertain and obtain other necessary approvals for this project. We have furnished the Building Department with a copy of this determination for their permanent recordkeeping, as well as the Town Planning Board who is presently considering the need for a site plan application. Also, we have transmitted a copy of your file to the Suffolk County Department of Planning in accordance with Suffolk County's Administrative Code rules and regulations pertaining to variance projects located within 500 feet of a State or County Road. Once we have received their written response, we will forward a copy to you for your permanent file. If you have any questions, please feel free to call. Very truly yours, Enclosure Copies of Decision to: Town Building Department Town Planning Board Linda Kowalski, Clerk Board of Appeals (Attn: Tom Fisher, Dept. Head) Present: PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD February 2, I994 (7:30 p.m. Hearings Commenced) HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKi, Clerk-Assistant to Board Southold Town Boar~ Appeals 2 FebruaO2, 1994 Regular Meeting APPLICATIONS No. 4210 - No. 4211 - No. 4161 - No. 4212 - No. 4213 - INDEX PUBLIC HEARINGS FEBRUARY 2, 1994 STEPHEN T. VESEY and CHERYL SCHLI'rr MARY HOLLAND BARBARA KUJAWSKI FRANK ZIMMER FARM . IRWIN and AGNES FRICK . Pages 3-6 7-11 12-17 19-29 30-32 Southold Town Board of Appeals 19 February 2, 1994 Regular Meeting 7:53 p.m. Appl. No. 4212 - FRANK B. ZIMMER. Special Exception under ~,rticle III, Section 100-31B(12) for permission to establish new Horse-Riding Academy. Location of Property: 29525 Main Road, Orient, NY; County Tax Map Parcel No. 1000-13- 2-7.8. The subject premises contains 17.54 acres located in the R-80 Zone District, is presently improved with barns and Utilized as a horse farm. The Chairman read the Legal Notice of Hearing for the record, and the application. CHAIRMAN: I have a copy of a survey indicating the parcel, its placement of the stable and indoor arena and the paddocks and the turnout areas, and the area of pasture, and the parking area and existing buildings on the site other than the ones that I mentioned. Survey produced by Roderick VanTuyl dated June 10, 1986. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Zi~mer, you're on. FR~K ZIMMER: prepared statement. it? My name is Frank Zimmer. ~ld I have a Would you have any objections if I read Southold Town Board of Appeals 20 February 2, 1994 Regular Meeting C~AIRMAN: Not at all. MR. ZIMMER: Mr. Chairman. Board Members. Friends and supporters. I wish to take this opportunity to give you some background from the time I purchased the subject property up to the present time that it is being used as a riding stable. Approximately 12 years ago, I purchased 17-1/2 acres from Lewis, Harrison and Bob Demarest to farm and to utilize the existing buildings as storage and shop facilities. This property has been farmed for the last 50 to 60 years. Cows and horses were also kept on the property during these years. Our plans changed shortly after purchasing the Demarest property. However, during these years, Fred Terry from Terry Farms and Ed and Danny Latham from Latham Farms continued to farm the lands. In 1986, my wife and I decided to submit an application for a minor subdivision for which we had approximately 90% approval. However, we had mixed emotions about subdividing the property and consequently dropped the idea and decided to retain it as an open space for future use. In 1992 my wife started taking horseback riding lessons, and in a short time purchased two horses. We enjoyed our horses, stabled on our own property, and decided to convert one of the barns to the stable and one to an indoor riding arena. Along with Southold Town Board of Appeals 21 February 2, 1994 Regular Meeting outside riding rings and paddocks. This lead to opening a riding stable with realistic prices and a friendly family atmosphere. In October of 1993, on an average of two times a week thereafter, I advertised in the Suffolk Times, the Long Island Watchman, and the Shelter Island Reporter about Zimmer Farm Riding Stable. The response was over-whelming at the "Open Barn." The "Open Barn" we know. The Suffolk Times sent a reporter-photographer that day and placed the article in a paper. There were no hidden factors as a stable remained open for business. From October 1993 until the present time, we have approximately 25 students taking riding lessions with their parents deeping involved with their children's horseback riding activities. We also have a 4-H Group involved with riding lessions. Eighty percent of the students are ages from 6 to 16 years old and the rest are adults. Also, our students reside in Orient and East Marion areas. Our success revolves around excellent instruction and facilities, along with realistic prices and a friendly atmosphere. It was business as usual until I received a call from the Building Department on Janu- ary 17, 1994 that a written complaint was made to them stating that the stable did not conform to a zoning amendment that was Southold Town Board of Appeals 22 February 2, 1994 Regular Meeting issued in 1989. The next day I met with Gary Fish and John Boufis from the Building Department at the stable, and at that time I was told to stop giving horseback riding lessons and discontinue advertising until I receive approval from the Board of Appeals for a Special Exception. I discussed this problem with the Planning Department and Building Department which I have done. The Building Department is awaiting a decision from the Board of Appeals, and the Planning Board held a meeting Monday evening, January 24th, which I attended discuss the situation. At that meeting, I requested that a waiver from the Planning Board and am looking forward to a favorable decision. At the direction of the Board of Appeals, I have mailed out certified, return-receipt notices, sketch plan and a copy of my application to all adjoining property owners. On Friday I personally telephoned each resident and lot owner and explained to them what is taking place and asked them for their input. Their comments were unanimous that they have no problem with my riding stable. I ended the conversation by saying that if they have any further questions, please call me or the Board of Appeals. It is apparent that if it wasn't the adjoining resident or lot owners that made the complaint, then it must have.been a person or persons vindictive enough to try to close my stable down. Southold Town Board of Appeals 23 February 2, 1994 Regular Meeting I would like to mention that without giving lessons and functioning as other stables do, I cannot stay in business. I now have no income, yet the bills still have to be paid. It has cost me over $500 (sic - should be $400.00) to go before the Board of Appeals, and at this juncture I have limited funds to go any further with expenditures to right a wrong. I will abide by your decisions and will be happy to work with the Various departments involved. However, if the decisions are negative, then I will go out of business and put the property up for sale. The sad scenario to this story is, if I have to close, all the children in Orient and East Marion areas will lose their riding stable which has become an enjoyable part of their life as well as ours in this area. In closing, I wish to extend sincere thanks to the Board of Appeals, Planning Department, and Building Department for their time, direction and cooperation in the subject matter. Please accept these signed petitions. There are over 100 persons supporting the Zimmer Farm Riding Stable to continue to give riding lessons as other riding stables do in the Town of Southold. Can I hand you these? · CHAI~%N: Sure. I have to hand you a letter from the Planning Board that should make you happy. Southold Town Board of Appeals 24 February 2, 1994 Regular Meeting MR. ZIMMER: Make me happy? Thank you. it. I look forward to CHAIRMAN: Ok. Just a couple of questions. Again I used the word gracious because in all the situations tonight, all the properties that we have seen - everyone was very gracious in showing us the property and you in particular, Mr. Zimmer, last Saturday. We had a wonderful tour of your barns. We determined there were existing -- how many stalls? MR. ZIMMER: There were a total of 20. There are 8 being used right now. Basically we could probably have 35 horses which I don't think I'll ever have in my life time. Eight is enough to tell you the truth. CHAIRMAN: How would you have 35 if you only have 20 stalls? MR. ZIMMER: Well, that's a thing I threw up-- CHAIRMAN: Off the top of your head. Ok. Conceivably you could put stalls in the -- .MR. ZIMMER: I think I arrived at that at two horses per acres or something to that effect. Southold Town Board of Appeals 25 February 2, 1994 Regular Meeting CHAIRMAN: Right, ok. Good. The entire riding, both pleasure and for lessons, occurs during daylight hours, is that correct? MR. ZIMMER: Probably 90% of it. CHAIRMAN: So in other words there could be some person at night that would like up the barn and utilize the indoor-- MR. ZIMMER: Yes. CHAIn%iN: There would be no activity in the exterior of the barns during -- there would be no lighting of these paddocks-- MR. ZIMMER: No, no. We have an outdoor light, outside. CHAIRMAN: But I mean, there would be no extensive lighting of any of these -- MR. ZIMMER: Do you have objections to that. Or does anybody have objections to that? Southold Town Board of Appeals 26 February 2, 1994 Regular Meeting CHAIRMAN: Well, what comes in to be is the problem of shielding light to existing property lines. Of course, you happen to have 17-1/2 acres but quite honestly-- MR. ZIMMER: The only persons that would be exposed to any kind of lighting of the riding ring would be Mr. and Mrs. Demarest who are here this evening, and there they are. But ~hat doesn't happen too often, anything like that. Most of the riding has gone indoors and especially four or five months out of the year. ~d if we do, it would be very, very seldome that somebody will come in like after work and would like to ride for an hour or half hour. But if they do have objections, I would like to have them. CHAIRMAN: No. This is only a question that I have. It's my job to significantly "grill" you, so I'm grilling you at this point (jokingly). MR. ZIMMER: You see, to the east of us we have the Nature Conservancy there which is just unblocked with no houses, no nothing. And just south by, I guess it would be 200 ft. Harrison? The Demarest house. But basically there would be no houses around other than the Demarest house there. Southold Town Board of Appeals 27 February 2, 1994 Regular Meeting CHAIR~AN: Does that subdivision infringe on this -- the subdivision to the west in any way? MR. ZIMMER: No. No. Do you mean Reese's property to the west? CHAIRMAN: Ok. MR. ZIMMER: Actually, we have two right-of-ways, two roads. CHAIRMAN: Ok. We'll see how the Board wants to deals with that aspect. That's the only thing. MR. ZIMMER: Can I bunk here for the night until you reach a decision? CHAIRMAN: You won't have to bunk too long. MR. ZIMMER: Thank you. I appreciate it. CHAIRMAN: Is there anybody else that would like to speak in favor of this application? I just appreciate it, for the purpose of the person who has to take this down, if you would Southold Town Board of Appeals 28 February 2, 1994 Regular Meeting just use the mike. On either side, I don't care. And state your name for the record. EILEEN TEADIA$ (spelling?): I am currently the instructor and trainer at Zimmer Farms. I would just like to say on behalf of the lighting situation the only way -- we never run past seven o'clock because, first of all, I'm not going to be there Past seven o'clock. Second of all, it's really not appropriate, no matter how much artificial lighting you come up with, it's not appropriate. Lighting is for work with the horse without putting that horse in danger or the rider in danger. So we really don't allow it after seven o'clock anyway. And I don't think there's a person alive that's going to be playing up to that point. We're not talking about 10 or 11 o'clock at night. And even if they were, we would have to move to the indoor where the lighting was better. C~AI~N: Ok. Great. Thank you. that would like to speak. Is there anybody else RENE DIAGUSTA: Hi. My name is Rene Diagusta. I was a present boarder of the barn and I still do my riding there. keep.my horse on our property that I leave myself. I just wanted to say, Frank takes exceptionally good care of horses. Southold Town Board of Appeals 29 February 2, 1994 Regular Meeting had my horse for 5-1/2 years now and have been riding since I've been eight. Tobee, the trainer, works extremely well with the kids. She has had some difficult children who, their parents have thanked her for how well they behave -- the horses like, again are taken care of and he does follow all the rules that are around. And it's nice to see that. CHAIRMAN: We noticed that while we were out there. Not that we're horse people, but you can see the care that was taken. Thank you. Is there anybody else? Anybody to speak against this application? (None) Questions from Board Members? (None) Seeing no hands, I'll make a motion closing the hearlng and reserving decision until a little bit later. Seconded by Member Villa, and duly carried. ~UR_~r_CT RIN BE~T ~ .NII LLiI~, ~BF_I~T A .NI ~LLA RI~_RERT A .NJ ~LL,~ P.I C I-I ~,~_'T) (2. ~AME_~ ~)1 N I~!~ .TR. .I ~U I'4~ r_CT RI~ ~RE~T ,1~ .",,I ~ LLA RIcHAD.~ £. ~ IL'f~N Ri~ BEI~-I' ,IN .Xl ~LLA RI~BE~T ~ .NI ILLP, R D..P, E RT ,l~, .NJ I LL,I~ . b.I C 14 AD.'D (2. ~ IL'f~N RI~ ~R£~T ~ .Xl ~LLA . u FRO I"1: PLANNING BOARD MEMBERS Richard O. Wa~d, Chairman George Rltchie Latham. Jr. Bennett Orlowski, Jr. Mark $. McDonald Kenneth L. Edwards Telephone {516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hal], 53095 Main Road P. O. Box 1179 ~outhold, New York 11971 Fax (516) 765 - 1823 TO: From: RE: Gerard P. Appeals Richard G. Ward, Chairman Proposed Riding Academy-Frank Zimmer Route 25, Orient SCTM# 1000-13-2-7.8 Goehringer, Chairman, Zoning Board of DATE: February 1, 1994 This is in response to your letter of January 20, 1994, requesting coK~ents on the above referenced project. The Planning Board is in favor of your Board granting the Special Exception. If the Special Exemption is granted this Board plans to recommendation to the Building Department that a site plan is not required. A copy of a "as built" plan will be requested from the applicant upon completion of the project and placed in the Board's file as a base plan for future reference. cc: Thomas Fisher, Building Inspector In Charge To ~ N · ~! FRO I'q: Rt~.RERT A .~l ~LLA JAN 2 t99 1 ..... I HEREBY CERTIFY that I am conducting or transacting business under the name or designation of ?.~ ~n,~.------------------~ F~ Cf:i c: Town oi ~o~wa oc~ County oI 5~' ~o~ ~ State of New Yor~. Myfullnamels* Fg~*( ~ ~ 2tr~K.4~ andIresideat ~ ~t*t, ~0~ ~ - Ogt~ ) Mt~t I FURTHER CERTIFY that I am the successor in interest to ~/z /~o,,~ COUNTY CLERK'S OFFICE ) STATE OF NEW YORK t SS.: COUNTY OF SUFFOLK I, ARTHUR J. FELICE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the with the original ..... ~.~./..~/.~f~. ~...C~.. ............FILE D in annexed my office ......... ?. 7..~. ~.. 77.~.~ ........ ,: ........... and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this .. ~..z.://. ...... ~.~.~/k),~ ~..~ ....... ......... ~~ Clerk. Form No. 236 IN WITNESS WHEREOF, I bave this ~3 day oi ~:~ ~> , 19~ ,made and signed this certi6cate. ~-'~-~ / ~ / ~ On this ,~ ~ day of ]~ ~ 19~.~ , before me personally appeared to me known and known to me to be the individual described in and who executed the foregoing certi6cate, and he thereupon duly acknowledged to me that he executed the same. '., ,a,'/i , 3~2473V~' 12-i77' TOWN OF SOUTHOLD, NEW YORK ~ECEIVE'~ ~ : on F~q APPLICATION FOR SPECIAL EXCEPTION JAN 1994 ~O~bold Tow~ Cler~ TO'~HE-'-ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application No. L~,_~L/--~- Date Filed: (Residence, House No. and Street) (Hamlet, State, Zip Code,'Telephone Number) hereby applY to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with ;..,.. ..... ,~,. ORDL ... CE, ARI'ICLE ~ · SECTION ~'-3i_n~Z , SUP, SECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): ~I-FFICHF~> A. Statement of Ownership and Interest. ~lq~A G~ Z~ ~F< is(~,~e-) the owner(~) of property known and referred to as £-7~mj- ~ ~,oaD -- Omni,q- (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section , Block , Lot(s) , which is not (is) on a subdivision Map (Filed --, "Map of L/?$~ 15.-~-?.6 "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: t~ ~ ~cn~ ~,~ ~ i~ ~O~y ~ .~ ~,~ O~bl~*~ C. The property which is the subject of this application is zoned ~-~0 and [ ] i~ c~si~%en~ with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [~] is vacant land. ~,~ ~l~T/~c ~,~0~6~ COUNTY OF SUFFOLK) STATE OF NEW YORK~ ss.: ~ ~worn~o ~efore me this day of JOOLLO ~ , 1~, ~, ~ / / / ¢ ' JOYCE M. WIBINS ~ ~ ~F ....... Nota~ Public. State of New L~4 [~ev. ~/b/~b) No. 4952246, Suffolk ~un~ Term ~lrea June ~ 1~.~ I I _1 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 January 21, 1994 Appeal No. 3212 Project Name: Frank B. Zimmer (Zimmer Farm) County Tax Map No. 1000- 13-2-7.8 (part of 7) Location of Project: North Side of Main Road, 0rient Relief Requested/Jurisdiction Before This Board in this Project: Special Exception to establish Horse-Riding Academy in conjunction with existing horse farm (with barns) in this R-80 Zone District. Parcel consists of 17.544 acres. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to'assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has · declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new on-site improvements. construction or { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this l~tter, we will assume you have waived same, and. wa will be required to proceed as Lead Agency.) *or further information, please contact the Of!ice of the Board of ¢peals, Town Hall, M~in Road, Southold, NY 11971 at (516) 765-1809. APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Ser~e Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 21, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Frank B. Zimmer P.O. Box 355 1000 Private Road and Main Road Orient, NY 11957-0355 Re: Appl. No. 4212 - Special Exception (Riding Academy) Dear Mr. Zimmer: We are in receipt of your application requesting a Special Exception for a proposed horse-riding academy at your property located in Orient. Notice of the public hearing has been forwarded by our office to the Long Island Traveler-Watchman and Times-Review newspapers for their publication on January 27, 1994. The public hearing has been set for Wednesday, February 2, 1994, and will begin at 7:45 p.m. (or shortly thereafter). A copy of the Legal Notice is attached with further details for your information. Your application will be further reviewed and the property viewed by the Board Members within the next few days. For updates, you may want to call us prior to the hearing to determine whether there has been any development. You, the property owner, should appear at the hearing to answer questions that arise. If you are unable to attend, someone who is familiar with your property and circumstances (such as a relative, friend, or attorney) may appear in your behalf. Additional time will be made available for you in the event you feel your presentation will be lengthy. Please feel free to call us at any time if you have questions concerning your application. Yours very truly, Linda Kowalski Clerk, Board of Appeals Enclosure Zimmer Farm Main Road, Orient, N.Y. ~orth of I~arrow River Road) 323-1317 "WINTER SPECIALS" -- Get-acquainted program on our school horses '5 Horseback ride in our indoor arena, guided by our instructor to determine ff you wish to sign up for lessons s50 {3) 45-minute private lessons or (4) 30-minute lessons '100 (8) 1-hour group lessons (3 riders) please sign up "ZIMMER FARM EQUESTRIAN RIDING CLUB" *5 1-hour group horsemanship classroom beginner instruction '10 1-hour group horsemanship classroom advanced instruction {hands on) s30 guided trail rides approx. 2 hours (over 100 acres) *300 month MI board -- includes 3 meals daffy care, turnout, blanketing, paddocks (box stalls, rubber mats and shavings) note: deluxe 2- and 4-horse trailers available for transportation. Frsnk Zimmer (manager-owner) Come visit us! QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a .financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {~} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {~ No Dm 1. Are there any areas which contain wetland grasses? /~o 2. Are the wetland areas shown on the map submitted with this application? ~ 3. Is the property bulkheaded between the wetlands area and the upland building area? ~ 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? -- E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~//~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? MiD If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? /z//~ If yes, please submit a copy of your building permit and ~p as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~0 If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel /~ F~ and proposed use ~tDl~ 3-~ Authorized Signature and Date 3/87, 10/9()lk § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: ~: '" '" · ~'~ ' TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs. salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (i) "Freshwater wetlands" as defined in Article 24, Ti- tie 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most iand- ward edge of a "freshwa:er wetland." 9705 2-.os.ss 617 Appendix C SEQR State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by APplicant or Pro|ecl sponsor) I. APPLICANT ""3. PROJECT LOCATION: 4. PRECISE LO~TION (Street address and roe6 inlersections, prominent landmarks, etc.. or provide map) z E. IS PROPOSED ACTION: [] New E] Exoanslon 6. DESCRIBE PROJECT BRIEFLY: ?. AMOUNT OF LAND AFFECTED: Initially / '~ ///'" acres Ultimately - ~ acres ~ 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~].No I! NO, ciescnbe briefly WHAT iS PRESENT LAND USE IN VICINITY OF PROJECT? ~ [] Residential [] Industr,a, ?,E:] Commercial ~Agricullure [] Park/Foresl/Open space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APFROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] Yes ~'No (! yes, list agency(s) and petmitlapprovals It. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? E~ Yes ~'No If ye~,, list ogency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes ~"N o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Slqnature: 1 'Ty If th= action is in the Coastal Area. and you are a state agency, complete the I Coastal Assessment Form belore proceeding with th)s assessment OVER I (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires of ' ' -- ' submission this form, and an envlro'nmen~al review will be made by before any action is taken, this board SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In--order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the projec: and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is no= significant. (d) E~nvironmental Assessmen~ 1. Will project result in a large physical change to the project site or physically alter more than i0 acres of land? Yes JNO 2. Will there be a major change to any unique or unusual land form on the site? Yes ~No 3. Will project alter or have a large effect on an existing body of water? Yes _~No 4. Will project have a potentially large, impact on groundwater quality? ..__Yes ~NO 5. Will project significantly effect drainage flow on adjacent sites? .. Yes .~No 6. Will project affect any threatened or endangered plant or animal Species? ___Yes .~No 7. Will project r~sult in a major adverse effect On 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? - Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologicak importance Or any site designated as a critical envircamental area by a local agency? . ~es 10. Will project have a m~jor effect on existing or future recreational opportunities? ..__Yes _~No 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes _~No 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year .___Yes ~No period or have a major negative effect en the charact~? of the community or neighborhood? 15. ~s there public controversy COncerning the . . prelect? - Representing: ZBA ~/75 _ Date: · ~ Page 3 - Addition~earing Notice Southold Town Boar~of Appeals Regular Meeting of February 2, 1994 Copies to the following 1/21/94: Times-Review Newspaper (fax transmission) L.I. Traveler-Watchman (fax transmission) Newsday (Courtesy Copy for Government Watch Section) Original Posted on Town Clerk Bulletin Board (in Lobby) Building Inspector's Office Planning Board Office Supervisor's Office Town Attorney's Office Applicant or Agent Copies to ZBA Members with copies of file documents (inspections, Copies to: Mr. and Mrs. Irwin Frick 2 Arlington Court Miller Place, NY 11764 Mr. Frank B. Zimmer P.O. Box 355 1000 Private Road and Main Road Orient, NY 11957-0355 etc.) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C, Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD .SEgRA UNLISTED ACTION DECLARATION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 January 21, 1994 Appeal No. 3212 Project Name: Frank B. Zimmer (Zimmer Farm) County Tax Map No. 1000- 13-2-7.8 (part of 7) Location of Project: North Side of Main 80ad, Orient Relief Requested/Jurisdiction Before This Board in this Project: Special Exception to establish H0rse-aiding Academy in conjunction with existin§ horse farm (with barns) in this 8-80 Zone District. Parcel consists of 17.544 acres. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to'assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to ~e an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new on-site improvements. construction or { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Bcard of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency sEatus within 15 days of this l~tter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Of!ice of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. JI;DITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: ZONING BOARD OF APPEALS OFFICE OF THE TOWN CLERK JANUARY 20, 1994 ZONING APPEAL APPL. NO. 4212 - FRANK B. (SPECIAL EXCEPTION) ZIMMER Transmitted herewith is Zoning Appeal App. No. 4212 - FRANK B. ZIMMER together with the Notices to Adjacent Property Owners, the Zoning Board of Appeals' Questionnaire, the Short Environmental Assessment Form, a copy of an Inter-Departmental Memorandum to the Planning Board and Building Department dated January 20, 1994, and a survey map of the property. Judith To Terry, Town Clerk APPEALS BOARD MEMBEHS Gerard P. Goehr/n~r, Cha/rman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: {X ) Planning Board {X ) Building Department { ) Town Trustees Board of Appeals January 20, 1994 Our Coordination Request for Comments Site Plan Proposal - Proposed Riding Academy CTM #1000-13-2-7.8 at Orient (17+ acres) Frank Zimmer, the owner of lands which are the subject of a Special Exception before the Board of Appeals, has confirmed that yesterday he commenced reviews concerning his anticipated site plan application with Bob Kassner on a preliminary level, and that he expects to file the above site plan application and supporting documents with your office shortly. Since the application before the Board of Appeals concerns a request for a "riding academy" for which parking, egress, ingress, and screening is subject to Planning Board approval, we would like to provide you with an opportunity at this time to comment on those elements (required by Article XXV-Site Plan Regulations). You will note that the property consists of 17+ acres and is located in an R-80 Zone District. You may wish to refer your suggestions or comments on how the overall layout should be changed or modified before a determination is rendered on the Special Exception. The public hearing will be held by the Board of Appeals on February 2, 1994. In the event you are not able to transmit your preliminary views in writing by that date, we ask that you please communicate your concerns through the Chairman or Linda Kowalski in order that it may be considered prior to a ZBA determination following the public hearing. Thank you. Attachments cc: Mr. Frank Zimmer '~'~' ! (~ COUNI'¥ OF SUFFOLK $OUTHOLO 80 /~ R--80 R-200 ~ R-200 LEGAL NOTiC~'--- ADDITIONAL HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of thc Town Law and the Code of the Town of Southold, that thc following public hearings will be held by the sOUTHOLD ToWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New york 11971, on WEDNES- DAY, FEBRUARY 2, 1994, com- mencing at the times specified STATE OF l~ ' YORK) ) SS: C~UNTY OF SUFFOLK) ~~ .... of Mattltuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weeldy 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 regular- ly published in said Newspaper once each week for ~ weeks successively, coinmencing on the 2'~ day of~ 19~q. CHRISTINA VOLINSK! Notary Public, State of New Yod[ No. 500~884 / Qualified in Suffotk County 19~2(/ ~ Commission Expires November 23. Principal Clerk Sworn, tO ~efore me this / BOARD OF APPEALS TOWN OF SOUTHOLD ADDITIONAL HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold; New York 11971, on WEDNESDAY, FEBRUARY 2, 1994, commencing at the times specified below: . 4. 7:45 p.m. Appl. No. 4212~ FRANK B. ZIMMER. Special,. Exception under Article III, Section 100-31B(12) for per- mission to establish new Horse-Riding Academy. Loca- tion of Property: 29525 Main Road, Orient, NY; County Map Parcel No. 1000-13-2-7.8. The subject premises contains 17.54 acres located in the R-80 Zone District, is presently im- proved with barns, and is. utilizgd as a horse farm. -.56-5-32~_3 ~:7:50 p.m. Appl. No 4213- IRWIN' AND AGNES FRICK. Application for a Variance to tbe Zoning Or- dinance, Article ILIA, Section 100-30A.3 (and Section 100-244B pertaining to substandard lot sizes) for per-.~ mission to construct addition with a reduction in the minimum setback at the southerly side yard. The ex- isting setback is shown to be approximately 11 Va feet, and the addition is proposed to ex- tend 6V2 feet from the existing dwelling structure. Section 100-244B requires a minimum 10 foot setback; applicant pro- posed a five-foot setback. This parcel of land has a total lot area of 13,940± square feet and is located in the R-40 Low- Density Residential Zone District. Property ID: 1935 Westview Drive, Mattituck, NY; County Tax Map District 1000, Section 107, Block 7, Lot 5.- Grecnport, -NY. COUNTY OF SUFFG~K S'I ATF_ OF NEYV YOI2, gt Patricia Wood, being duly sworn, says that she is tine EJitor, o(THE LONG ISLAND '[-RAVELER-WAFCNMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice ol which the annexed is a printed copy, h.ts beer1 ptJJ~mished in said I_ong Island 'lravelm-Walchmal~ once each week for . ................. ~ ..... weeks ., cce%ivcly, commcrwrr~ on the ........ ?.~.~ ......... Notary Public 13^RB~Rh ^. S~HNEIDER NOTARY PUBLIC, St~!e of L~,v York I',le. 4806346 Qualified in SuE[clk County Cemmiss~oo Expdes ~/3t/qq The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before/ the times designated above If you wish to review the files or need to request more informa- tion, please call 765-1809 or visit our office. Dated: January 21, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By: Linda Kowalski IX-1/27/94(1) BOARD OF APPEALS, TOWN OF $OUTHOI_D In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of tile undersigned to petition the Board of Appeals of the Town of Southnld to requesta (Variance] ~Ex_ceptio~(SpeciaiPermit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and ~s ~es- cribed as follows: /?//~_ ~I~F_.~' /~'~7/~-x'/J'T/~ 5'1'~ ,~ ~j ~ ~ R~/~/~C/ ~ 3. That the propert?~which is the subject of such Petition is located in the following zoning district: 4 l'hat b~ such Petition, the undersigned will request tile following relief: ~/¢~t~6 ~'t~E~t)(,t/6 ~1 $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are .~'~-Lcle Section [ ] Section 280-^, New York Town Law for approval of access over right(s)-of-wa¥,r 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners ' Names: Post Office Address Tel. No. [Copy of sketch or plan showing proposal to be at~'Ched fo~ convenience purposes. ] p .~ P 0~t S?3 3],8 . Rec.!pt for PROOF OF MAll 4 Certifie~d~i/lail No Insurance COVerage ProvkJed ATTACH CERTTFTRD 031 973 324 P 031 ~eipt for ~ P CeAified Mail ~ ~Re ..o. No Insurance Coverag~i~;~ ~ C' Do not use for Intefna[ Re( Cer No In 031 973 316 Receipt for Certified Mail No Insurance Coverage Provided ! 9' depo~ verse side hereof, dire%ted to each of the above-name, L66[ eun£ '008~ UJJO.I Do nc (See Reverse) names; that the addresses set opposite the names of said persons are tn= ~.~_ the current assessment~.roU of the To.~n of Southold; that said Notices were mailed at ~He- Onlt~ States Post Of- fice at .~r~¢~ToJ~_/~,t-& P"F ; that said Notices were mailed to each of said persons by ~ed.~(registered) mail. ' Sworn to before me this '~ Notary Public JOYCE M. WILKINS Notary Public, State of New YoHg No. 4952248, Suffolk County Term Expire~ June 12, 19..~,-~ (This side does not have to be completed on form transmitted to adjoining property owners.) I L~