HomeMy WebLinkAboutZBA-02/02/1994 HEARINGPresent:
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 Board of Appeals 2 February 2, 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 $CHLITT
MARY HOLLAND
BARBARA KUJAWSKI
FRANK ZIMMER FARM .
IRWIN and AGNES FRICK .
· Pages
3-6
7-11
12-17
19-29
30-32
Sou~hold Town Board o£ Appeals -3- Feb~ua=y 2, 1994 Public Hea=ings
7:35 p.m. Appl. No. 4210 - STEPHEN T. VESEY and CHERYL
SCHLITT. Variance to the Zoning Ordinance, Article IIIA,
Section 100-30A.3 for the existing location of a deck addition
"as built." A portion of the deck encroaches in the side
yard. The accessory garage structure, which has existed, is
also now partly in a slde yard area. Location of Property:
2105 Old Orchard Road, East Marion, NY; County Tax Map Parcel
No. 1000-37-3-6. Subject premises contains a lot area of
8,638+- sq. ft. and ls located in the R-40 Low-Density
Residential Zone District.
The Chairman read the Legal Notice of Hearing for the
record and application.
CHAIRMAN: There are several pictures in the file, a copy
of the survey produced by Roderick VanTuyl, P.C. dated Decem-
ber 14, 1993 indicating the deck and/or decks in the rear of the
property and the garage which is now attached to the deck which
is approximately one foot from the property line on the
southerly side - southeasterly side. And I have a copy of the
Suffolk County Tax Map indicating this and surrounding
properties in the area. Who would like to be heard concerning
~ Southold Town Board of Appeals 4 February 2, 1994
Regular Meeting
STEPHEN T. VESEY: Should I stand.
CHAIRMAN: Sure. Come on up to the mike. Enjoy yourself -
spread out your papers (jokingly).
MR. V~SE¥: I'm Steve Vesey; I'm the applicant. And this is
Cheryl Schlitt also applicant. And we feel the application is
Self-explanatory. And hope the Board will give us a favorable
ruling and are hear to answer any questions the Board might have
regarding the variance.
CHAIRMAN: Ok. At no time in the future you anticipate
closing this?
MR. VESEY: No.
CHAIRMAN: It will remain open. I mean it's not going to
be a screened-in porch.
MR. VESEY: It was developed for outdoor living space.
CHAIRMAN: I have to be honest with you. We did have a
variance in the area, and I believe I had seen it at that time.
" $outhold Town Board of Appeals 5 February 2, 1994
Regular Meeting
I was out there, and I had never seen more ice in one area in my
life.
MR. VESEY: One of the reasons the deck was created is we
have a lot of downspouts from off the roof, and the area gets
very wet. So it's a ground-level deck. It helps us to get
above the water, and the mud.
CHAIRMAN: Very good. Are there any questions of any Board
Members of this gentleman?
MEMBER DOYEN: No.
CHAIRMAN: Bob ?
MEMBER VILLA: No, I don't.
CHAIRMAN: Jim?
MEMBER DINIZlO: Absolutely not.
CHAIRMAN: If you want to hang around, we may have a
decision for you tonight. It's entirely up to you. I have no
idea who lengthy we're going to go. All right~
Southold Town Board of Appeals 6 February 2, 1994
Regular Meeting
MR. VESEY: Thank you.
CHAIRMAN: You're welcome. Is there anybody else that
would like to speak either in favor or against this
application? (None) Hearing no further comments, I'll make a
motion closing the hearing and reserving decision until later.
Seconded by Member Villa and duly carried.
(See Minutes for Findings and Determination)
, Southold Town Board of Appeals 7 February 2, 1994
Regular Meeting
7:40 p.m. Appl. No. 4211 - MARY HOLLAND. Variance to
the Zoning Ordinance, Article III-A, Section 100-30A.3,
appealing the Notice of Disapproval from the Building Inspector,
and requesting approval of the substandard lot area, width and
depth for each of two proposed lots in this proposed subdivision
application. Subject premises is identified on the Suffolk
County Tax Maps as District 1000, Section 117, Block 9, Lot
19.1, containing a total lot area of 14,300+- sq. ft. Lot #1
is proposed at 7153+- sq. ft. in area, 101.41 feet of lot depth
and lot width (frontage) of 70.59 feet along the westerly side
of Third Street. Lot #2 is proposed at 7147+- sq. ft. in area,
70.59 feet of lot depth and lot width (frontage) of 101.25 feet
along the northerly side of Jackson Street, New Suffolk, Town of
Southold. Each lot will contain a preexisting single-family
dwelling and accessory storage building, which buildings are
noted on the Pre-Existing Certificate of Occupancy No. Z-22830.
The Chairman read the Legal Notice of Hearing for the
record, and the application.
MR. C~AIRMAN: We have a copy of the Pre-C.O. in front of
me. I have a survey from Roderick VanTuyl, P.C. indicating the
division line which does not truncate any ( ) or accessory
Southold Town Board of Appeals 8 February 2, 1994
Regular Meeting
buildings on the property. The closest frame building, storage
building, on Lot No. 1 is approximately 1-1/2 feet at its
closest point from the property line, and I have a copy of the
Suffolk County Tax Map indicating this and surrounding
properties in the area. Who would like to be heard? How are
you, Ms. Wickham?
APPEARANCE :
ABIGAIL WICKHAM, Attorney for applicant: I'm here
representing Mrs. Holland. We have before us what I hope is
a simple application to redivide two lots that were divided in
separate years and years ago. Two separate houses were
constructed on -- each parcel has its own separate accessory
buildings, none of which encroach on the other parcel. The
driveways are separate. I believe you have a fairly recent
survey that shows that the wells and septic systems for each
parcel are within the bound of those parcels and the properties
are separated by a fairly high hedge. The parcels are basically
very similar to many of the other surrounding properties in the
New Suffolk area and we ask that you approve the application as
submitted. I do want to give you the receipts for the certified
mails and if you could put that in the file.
Southold Town Board of Appeals 9 February 2, 1994
Regular Meeting
CHAIRMAN: Is there any guestimate on the age of these
houses?
MS. WICK}~IM: We think, approximately 1926 or 1930. One of
them looks like it has been renovated a little bit recently.
The other one ( ).
CHAIRMAN: They look like they're in great condition.
MS. WICKHAM: Yes.
CHAIRMAN: That's why I asked the question. Before you sit
down, does anybody have any questions of Ms. Wickham?
MEMBER VILLA: When were they combined?
CHAIRMAN: When were they combined?
MS. WICKHAM: Quite a number of years ago as a result of a
death of one in the Dawson Family. They were separate and then
one of the Dawsons died and it went to the them, I think in the
'50s.
Southold Town Board of Appeals 10 February 2, 1994
Regular Meeting
MEMBER VILLA: It was back that far? Because I was just
looking on the Assessors' sheet here and it says from Dawson
Estate to Holland and that is dated in 1986.
MS. WICKHAM: That's when the property was distributed.
BOARD CLERK: Through the Estate.
MEMBER VILLA: But it was actually combined in the 1950's.
MS. WICKHAM: Even '60s perhaps.
CHAIRMAN: Any other questions?
MS. WICKHAM: I'm sorry Mrs. Holland would have been here,
but she has the flu and I asked if she could be excused so. I
hope that if you have any further questions, I'll answer them.
CHAIRMAN: Anything else you would like to have the
attorney represent for the applicant?
MEMBER VILLA: No.
Southold Town Board of Appeals 11 February 2, 1994
Regular Meeting
C~AI~%%N: I guess not. Thank you. Is there anybody else
to speak either in favor or against this application? Seeing no
hands, I'll make a motion closing the hearing and reserving
decision until later.
Seconded by Member Villa and duly carried.
7:43 p.m. Appl. No. 4161 - BARBARA KUJAWSKI. Request
for Special Exception approving an existing Accessory Apartment
in conjunction with the principal dwelling use and residency by
the owner (owner occupancy) and subject to the provisions of
Article III, Section 100-31B(14). Location of Property: House
No. 125 (per Town Records) at the north side of Sound Avenue
which parcel commences at a point approximately 51 feet east of
the Riverhead-Southold Town Boundary Line, extending 195.18 feet
along Sound Avenue, Mattituck, NY; County Tax Map Parcel No.
1000-120-1-2.2. This property consists of an area of 40,241.
square feet and is located in the Agricultural-Conservation
(A-C) Zone District.
· The Chairman read the Legal Notice of Hearing for the
record and the application.
$outhold Town Board of Appeals 12 February 2, 1994
Regular Meeting
MR. CHAIRMAN: This was the nature of a division that
existed here. I don't have an updated survey handy --
BOARD CLERK: There's a letter in the file from the Town
Attorney's Office. Is that what you're referring to?
CHAIRMAN: No, just where it was divided from the existing
barns (the location of the lines).
BOARD CLERK: There's no actual town approval, but do you
need the year it was divided?
CHAIRMAN: No that's all right. We'll just take it off the
tax map (was handy at top of file). And I have a copy of the
County Tax Map indicating this and surrounding properties in the
area. Who would like to be heard? How are you tonight, Barbara?
Just for legal ease, would you just state your name for the
record?
BARBARA KUJAWSKI, Applicant: I am just seeking permission
to put an Accessory Apartment into my home. My children are
grown but the house I find is too large for me. It was an
existing two-family house when we purchased it, and when the
children were home it was necessary to make it into a one-family
Southold Town Board of Appeals 13 February 2, 1994
Regular Meeting
house. I think I meet all of the requirements of the Town of
Southold and I think I certainly am fulfilling the spirit of the
law when the Accessory Apartment Law was passed, in that it was
passed to enable a homeowner who had a house that was too large
to provide an apartment for a younger family that was in
Southold and to help them pay the taxes and expenses of the
house. That's all.
CHAIRMAN: As you know for the record, you graciously
showed us the house. We have seen it. The only thing I have to
tell you is that John is requesting a postponement. His
attorney was unable to make it tonight, and I understand there
are some negotiations in the offing and possibly some change of
ownership or something of that nature and so --
MS. KUJAWSKI: I am (also) applying as contract vendee.
CHAIRMAN: But I mean is we're going to hold it off until
-- we'll take all the testimony tonight but we're hold off the
decision until the next meeting and actually close the hearing
at that point if that is all right with you.
MS. KUJAWSKI: I really preferred to have it known where
I'm going before I purchase (remaining 50%) of the house.
Southold Town Board of Appeals 14 February 2, 1994
Regular Meeting
CHAIRMAN: Well that's what I was basically talking about.
You are actually purchasing the entire house?
MS. KUJAWSKI: Yes.
CHAIP~%~N: Not just the existing 50% that you own at this
time. I don't know if you really want me to get into this or
not.
MS. KUJAWSKI: Exactly. I am purchasing the house.
CHAIRMAN: Ok. So in other words before you purchased the
house you really wanted to know if you would have the accessory
apartment?
BOARD CLERK: You would have to be an owner, which she is.
CHAIRMAN: Yes.
CHAIRMAN: I don't know if we an do that or not. We would
have to consult the attorney. Our town attorney. But I will
tell you that it is a matter of right to have an Accessory
Apartment (provided all standards and conditions are met).
would, and I may be talking out of turn -- but all my fellow
It
Southold Town Board of Appeals 15 February 2, 1994
Regular Meeting
colleagues are here with me tonight. I see absolutely no
problem with the voting on it in the early part of March. And
it will be the first week in March to be honest with you. The
house meets the requirements -- first of all, the house is
gorgeous, ok as we told you when we were down there. And that's
number one. It's brought up to all modern day standards. It
has a C.O. prior to January 1, 1984. So I see really no
reason. I mean I'll talk to my colleagues. Do you see any
reason why this house would not meet the --
MEMBER VILLA: No. I don't have a problem with it.
CHAI~AN: So I mean --
MEMBER DINIZIO: I didn't go to it. I just want to comment
on something. I mean, I don't see any reason really that we
can't vote on it. I don't see anything in the record that says,
or that asks for a postponement or --
BOARD CLERK: We just received it five minutes ago.
CHAIRMAN: I have a letter right here.
MEMBER DINIZIO: Oh you got it five minutes ago.
Southold Town Board of Appeals 16 February 2, 1994
Regular Meeting
BOARD CLERK: Yes.
BOARD CLERK: One of the requirements is a written lease
(to Chairman) which we don't have.
CHAIRMAN: The other thing that you want to give us is a
written lease with the person that you have in the premises.
And you can assembly that within the next 30 days. If you could
get it down prior to the next hearing? It'll be the first
Wednesday of the month. We're going to try and stay with that
every month -- the first Wednesday.
MS. KUJAWSKI: Ok. So you're going to postpone this.
CHAIRMAN: I want to apologize to you for this -- not in
reference to -- we just received this letter as we walked in
here, and that's basically the situation, so.
MS. KUJAWSKI: Yes.
CHAIRMAN: It was nothing where we could call you on the
telephone and say we're going to postpone the hearing, or
whatever the case might be.
Southold Town Board of Appeals 17 February 2, 1994
Regular Meeting
MS. KUJAWSKI: Ok. Many things can be postponed.
CHAIR1W3~N: Thank you. Is there anybody else either in
favor or against this application? (None - John Kujawski was in
the audience but did not speak.) Based upon the letter or the
note that we have hear from the co-owner of the property at this
particular time, I will hold this file in abeyance until the
next regularly scheduled meeting which is the first Wednesday of
the month of March.
BOARD CLERK: March 2nd.
C}IAIRMAN: March 2nd also.
MS. KUJAWSKI: Thank you.
let me know.
Ok. We'll keep in touch. Just
CHAI~L%N: Gentlemen, I need a motion to recess this until
March 2nd.
MEMBER VILLA: So made.
Seconded by Member Wilton and duly carried.
Southold Town Board of Appeals 18 February 2, 1994
Regular Meeting
Please continue on page 19.
Southold Town Board of Appeals 19 February 2, 1994
Regular Meeting
7:53 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
Utilized as a horse farm.
The Chairman read the Legal Notice of Hearing for the
record, and the application.
C~AI~4(AN: 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. Zimmer, you're on.
FRANK ZIMMER:
prepared statement.
it?
My name is Frank Zimmer. And I have a
Would you have any objections if I read
Southold Town Board of Appeals 20 February 2, 1994
Regular Meeting
CHAIRMAN: 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
Far, ms 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
$outhold 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 dld 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.
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?
· CHAIRMAN: 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. I look forward to
it.
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.
pleasure and for lessons,
correct?
Good. The entire riding, both
occurs during daylight hours, is that
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.
CHAIRMAN: 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
that 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. And 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
CHAIRMAN: 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 thlng.
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 TEADIAS (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 ~on'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.
CHAIRMAN: Ok. Great. Thank you. Is there anybody else
that would like to speak.
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.
I
I
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 hearing and reserving decision until a little bit later.
Seconded by Member Villa, and duly carried.
Southold Town Board of Appeals 30
February 2, 1994
Regular Meeting
8:05 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.
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 Chairman read the Legal Notice of Hearing for the
record, and application.
MR. CHAIRMAN: I have a copy of a survey from Roderick
VanTuyl, P.C. The specific date I see is August 4, 1980,
however, it could have been updated since then. And I have a
copy of the Suffolk County Tax Map indicating this and
surrounding properties in the area. Is someone here
representing the Fricks or are the Fricks here? (No response.)
$outhold Town Board of Appeals 31
February 2, 1994
Regular Meeting
Seeing that they are not here, I'll ask if there is anybody that
would like to speak either for or against this application? (No
response.) We had specific questions of the Fricks concerning
this application. I'll leave it up to my fellow board members
if they want to close or if they would request that they come in
person.
BOARD CLERK: Why not recess it until March 2, 1994.
MEMBER DINIZIO: I didn't have a chance to look at it, so
maybe you could postpone it.
CHAIRMAN: Ok, then what we will do is recess it until
March 2, 1994 and re-entertain the application at that time and
hopefully, and either a representative of the applicant, or the
applicants, will appear. Or at that time we will make a
decision based upon the information that we have in the record.
Gentlemen, I'll offer a resolution to recess this hearing until
the next regular meeting.
BOARD CLERK: Would you include the date of March 2, 1994
so that it will not need to be readvertised in full?
Southold Town Board of Appeals 32 February 2, 1994
Regular Meeting
CHAIRMAN: I'm re-doing the resolution to include the date
of March 2, 1994.
BOARD CLERK: Thank you.
MEMBER DINIZIO: March 2nd?
CHAIRMAN: If you don't mind, Linda, we'll ask you to write
them another letter and ask them to be present, if not, some
representative. Maybe the builder whatever.
Seconded and duly carried.
End of hearings.
Recorded and typed verbatim by:
Tcwn Clerk, Town of Southo!cl
Linda Kowal ski
$outhold Town Board of Appeals 32
February 2, 1994
Regular Meeting
C~AIP4~AN: I'm re-doing the resolution to include the date
of March 2, 1994.
BOARD CLERK: Thank you.
MEMBER DINIZIO: March 2nd?
CHAIRMAN: If you don't mind, Linda, we'll ask you to write
them another letter and ask them to be present, if not, some
representative. Maybe the builder whatever.
Seconded and duly carried.
End of hearings.
Recorded and typed verbatim by:
Linda Kowalski