HomeMy WebLinkAbout4213(Orig. relief denied.)
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
FINDINGS AND DEIERMINATION
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Appeal No. q213:
Application of IRWIN and AGNES FRICK. Application for a Variance to
the Zoning Ordinance. Article IliA. Section 100-30A.3 (and Section 100-2qqB)
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 11-112 feat. and the addition
is proposed to extend 6-112 feet from the existing dwelling structure.
Section 100-2~B requires a minimum 10 ft. setback; applicant proposes a
five-foot setback. This parcel of land has a total lot area of 13.gqO+-
square feet and is located in the R-~) Low-Density Residential Zone
District. Property ID: 1935 Westview Drive. Mattituck. NY; County Tax
Map District 1000. Section 107. Block 7. Lot S.
WHEREAS. after due notice, public hearings were held on February 2.
199~ and March 2. 19gq. at which time all those who desired to be heard were
heard; and
WHEREAS. Beard Members have carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS. Beard Members have personally viewed and are familiar with
the promises in question, the present uses and existing buildings in the
surrounding area: and
WHEREAS. the Beard mede the following findings of fact:
1. The premises in question:
(a) is a parcel of land containing a nonconforming lot area of
13.9q0+- square feat. situate along the westerly side of West View Drive.
Mattltuck. Town of Southold;
(b) is presently improved with a 1-1/2 story framed dwelling
structure situated 100 feet from the front {easterly} property line. !1-1/2
feat from the westerly side property line. 15 feet from the northerly (side)
property line along N. Riley Avenue. and 22 feet from the closest retaining
wall towards the existing bulkhead along Mattituck Creek (ref. copy of
survey map prepared August q. 1980 by Raderick VanTuyl. P.C. ]
(c) is located in the R-qO Zone District as adopted in the
Master Plan revisions dated January 10. 1989.
¢1~a~je 2 - Appi. No. 4213
Matter of IRWIN and AGNES FRICK
Decision Rendered March 2. 199q
2. By this application, appellants have requested permission to
construct a conversion of a portion of the existing garage area and new
addition at the southerly side of the existing dwelling which would leave a
proposed setback at S.6" from the southerly property llne.
3. Today's setback requirements pertaining to lots of this size (less
than 20.000 sq. ft. ] at Article XXlV. Section 100-2OAB requires minimum side
yard setbacks at 10 and 15 feet. for a total of 25 feet. It is beneficial
that there will be a greater distance to the outer bulkhead along Mettituck
Creek at a setback of 72+- feet {greater than the established nonconformity
seaward of the proposed construction}.
~. the amount of reduction requested by this application is for a
setback at 5.5 feet instead of the required 10 feet along the southerly side
yard. The total sideyards are also being requested at 20.S feet instead of
the required 25 feet.
5. It is the position of the Board Members that the amount of relief
requested is substantial in relation to the requirements, and that an
alternative setback granting relief by three feet specifically, to allow a
setback at seven (7) foot. is also feasible and will under the circumstances
be the minimal necessary, while preserving and protecting the character of
the neighborhood and the safety, health and welfare of the community.
6. For the record it is noted that similar setbacks have been
established at approximately eight feet for one sideyard, and for a total of
21 to 22 feet for both sideyards, in the immediate area of. "Mettituck
Heighta" Subdivision {which preexists the enactment of zoning {having been
filed July 2q. 1935 with the Suffolk County Clerkls Officel}.
7. In considering this application, the Board also finds:
(a) that the relief, as alternatively granted, will not produce
a substantial change in the character of the neighborhood - in fact there are
other principal buildings with setbacks similar to that proposed herein {for
further information, please see record on lots identified on the County Tax
Map District No. 1000. Section 107. Block 7. as Lot Nos. 8. 9. etc.};
(bi that the difficulties of the applicants' land is outweighed
by any possible public need;
(c} that the difficulties claimed can be obviated only by the
alternative grant for similar, but lesser relief, as described in this
determination;
(d) that the difficulties claimed are not self-created;
(e) that the difficulties claimed are uniquely related to the
layout and general character, shape and size of this parcel and are not
personal to the landowners;
~age 3 - Appl. No. q213
Matter of IRWIN and AGNES FRICK
Decision Rendered March 2, 199q
(f) that in view of the manner in which the difficulties arose
and the fact that the size and open land area is limited, the interests of
justice will be served by allowing a three-foot variation for minimum side
yard setback at seven (7) feet. instead of the required 10 feet. and at total
sideyards at 22 feet. instead of the required 25 feet.
ACCORDINGLY, on motion by Member DinizJo, seconded by Chairman
Goehringer, it was
RESOLVED, that the relief as requested for a setheck of 5.5 feet, and
total sideyards of 20.5 feet, be and hereby is DENIED; and be it further
RESOLVED, that ALTERNATIVE RELIEF BE AND HEREBY IS GRANTED
for a minimum setback of seven (7) feet, and total sideyards of 22 feet.
Vote of the Beard: AYES: Messrs. Goehringer, Dinizio, and Wilton.
NAY: Member Villa (no alternative was offered but felt a variance of three
feet is substantial). <]~lember Doyen of Fishers Island was absent due to
poor weather conditions.> This resolution was duly adopted (3-1).
GERARD P. GOEHRINGER. CHA*q~MAN
Town Cler!~ Town o~ ':c
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF PUBLIC HEARINGS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
NOTICE IS HEREBY GIVER, 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, MARCH 2t 1994, con~nencing at
the times specified below:
1. 7:30 p.m. Appl. No. 4215 - GEORGE KRISS. A variance is
requested from Articl~ XXIV, Section 100-244B of the Southold
Town Zoning Ordinance for permission to construct addition with
reduced (southwesterly) sideyard setback,
sideyards at less than the required 25 ft.
Property: 420 Bayer Road, Mattituck, NY;
No. 1000-139-3-21. The subject premises is a substandard lot
containing less than 20,000 sq. ft. in area.
and reduced total
Location of
County Tax Map Parcel
2. 7:35 p.m. Appl. No. 4216 - LIEB VINEYARD, INC. A
variance is requested from Article III, Section 100-33 of the
Southold Town Zoning Ordinance for permission to locate
swimmingpool ~ cabana structures, within a fence enclosure,
situated in an area other than the required rear yard. Location
~P~ge 2 - Notice of ~gs
Southold Town Board of Appeals
Regular Meeting of March 2, 1994
of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map
Parcel No. 1000-84-01-02 (now Lot #4.4). Zone District: A-C.
3. 7:40 p.m. Appl. No. 4217 - THOMAS PULS and DONNA RICCO.
A variance is requested from Article III, Section 100-33 for
permission to locate swimmingpool with fence enclosure in an
area other than the required rear yard. Location of Property:
1350 Eugene's Road, Cutchogue,
1000-97-6-1.2. Zone District:
premises is a substandard lot.
NY; County Tax Map Parcel No.
R-80 Residential. The subject
4. 7:45 p.m. Appl. No. 4218 - JOHN E. STRIPP and JUDITH D.
STRIPP. A variance is requested from Article III, Section
100-32 for permission to locate a new principal dwelling
structure with a reduced front yard setback. Location of
Property: Private Road off East End Road, Fishers Island, NY;
County Tax Map Parcel No. 1000-7-2-9. Zone District: R-120
Residential. The subject premises is a substandard corner lot
fronting on two private roads.
5. 7:50 p.m. Appl. No. 4219 - DIANE HARKOFF. A variance is
requested from Article IX, Section 100-92 for permission to
construct storage area, replacing walk-in cooler existing in
rear yard. This project exceeds the maximum-permitted lot
coverage requirement in this'Hamlet-Business (HB) Zone
Page 3 - Notice of rings
Southold Town Board of Appeals
Regular Meeting of March 2, 1994
District. Location of Property: 835 First Street, New Suffolk,
NY; County Tax Map Parcel No. 1000-117-8-15. The subject
premises is a substandard lot.
6. 8:00_p.m. Carryover from February 2, 1994 - Continued
Hearing of Appl. No. 4213 - IRWIN and AGNES FRICK. Addition
with reduced sideyard setback at 1935 Westview Drive, Mattituck,
NY; County Tax Map District 1000, Section 107, Block 7, Lot 5.
7. 8:05 p.m. Carryover from February 2, 1994 - Continued
Hearing of Appl. No. 4161 - BARBARA KUJAWSKI. Accessory
Apartment use at 125 (Town House No.) Sound Avenue, Mattituck,
NY; County Tax Map Parcel No. 1000-120-1-2.2.
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: February 14, 1994.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
x
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated ..... ./../f~. ................ 19 ~...~..
for ;emit to ~...~~..~.. ~. 4~. ~.~... ~~.~..~..; at
....... ..........
County Tax Map No. I000 Section ....... .~. q. ~.. Block ..... 7. ....... Lot ...f... ........
Subdivision ................ Filed Map No ................. Lot No ..................
is returned h,ere, with and disapproved on the following grounds...~~....~~ ~/~
~ ~..~ ~ ~/.~¢.. ~.~.~. ~.~,. ~ ..... ~.~~/~...~
~.:~...~.~.. ~~.~~ ............
ild~g Inspector
RV 1/80
TOWN OF SOUTHOLD, N~INIIIIglII~IIIiii~m~ii~
APPEAL FROM DECISION OF BUILDING INSPECTOR ~P~'~ NO.
......
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
,, <~, ~.~.~. . ~.. ~. ........ o, ....LZ~ .............. ~..l .~z ............................
Street and Number
Name of ~ppellont
~.~.~r.....~.2 ............ zZ.~.~2~ ................... ~.:~: .......... ,~ ~,o
~nicipa iW State
THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUILDING INSPE~OR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THEBUILDING INSPECTOR DENIED TO
.......... ~_~JL....~....~.../....~__ ..........................
Name of Applicant for permit
..4~.., .......... ~:..~....u ............................................................ ..y.. ............
Street and Number Municipality State /
of
)/ERMIT TO USE
PERMIT FOR OCCUPANCY
l. LOCATION OF THE PROPERTY .....................................................................................................
Street /Hamlet. / Use District on Zoning Map
District 1000 Section Block Lot
.......................................................... Current Owner _/~/~/~/
2. PROVISION (SI OF THE ZONING ORDINANCE APP~LED (indicate the A~icle Section, Sub-
section an~agraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article~ Section /Ct~-XD~.
3.~E OF APPEL Appeal is mode herewith for (please check appropriate box)
~ A VARIANCE to the ~ning Ordi~nce or Zoning Map
( ) A VARIANCE due to lack o~ access (State of New York T~n L~ Chap. 62 Cons. L~s
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision
of the Building Inspector or with ~espect to this property.
Such appeal was (~'-) request for a special permit {V~request for o variance
and waS made in Appea.I No ................................. Dated ............................. ~ ........................................
REASON FOR APPEAL
( ) ~/ariance to Section 280A Subsection 3
~ A Variance to the Zoning Ordinance
( )
is requested for the reason that
FOrm ZBI
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this 3roperty and 'in this use district because
.. :--- ..
The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE
CHARACTER OF THE DIS I KICT because
STATE OF NEW YORK )
) ss
COUNTY OF -fu/=F-~-/(.)
Signature
day
Sworn to this .............................................. ................. .19 ~,~
Notory Public
·JOAN S, LEHTONEN
Nota~ Public, S~ate of NeW Yo~
No. 01 LE4918828
Oualified in Suffolk County ..... /
Commission Expires Feb 1,--1~6 / y~'/~
,, ~ ~ ,-t/~ ~,_ ? ~o OF SOUTHOLD PROPERTY ~RECORD CARD 1~.
~/D S~S. / ~/)~ IFA~ ; ' COMM. CB. MISC. Mkt. Value .,
RES.
~ND IMP. TOTAL DATE REMARKS
FA~ Acre Value P.r Value '-"
Tillable 3
Woodland
Swampland FRONTAGE ON WATER ~ ~ ~
Brushland FRONTAGE ON ROAD ~ '
M. Bldgy ~,~
Extensi/oSnr,e
Extension
P~'h'j) e c
Porch~
Breezeway
Garage /f/X,~: ~ ~'~-'
O! B,
COLOR
TRI,M
Foundation
Basement
! Ext. Walls
Fire Place
Type Roof
~,ecreation Room
/ )ormer
Driveway
~ C . Bath
~J~-b " Foors
~---~;/e~ ,e/,~ Interior Finish
Heat
~-t~ Rooms 1st Floor
Rooms 2nd FIoo~
Dinette
!DR.
JBR.
APPEALS B OA_RD MEIvIBERS
C, emrd P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
l~bert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
March 18, 1994
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
F~x (5],6) 765-1823
Telephone (516) 765-1800
Mr. and Mrs. Irwin Frick
Two Arlington Court
Miller Place. NY 11760,
Re: Appl. No. 4213 - Addition with reduced side,yard setback
Dear Mr. and Mrs; Frick:
Please find attached a copy of communication 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.
Linda Kowalski
Enclosure
~ ~COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
STEPHEN M. JONES, A.I.C.P.
March 14, 1994
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission 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)
Frick, Irving 4213
Harkoff, Diane 4219
Very truly yours,
Stephen M. Jones
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
PUBLIC HEARING
BOARD OF ZONING APPEALS .
Town of Southold
March 2, 199u,
(7:30 p.m. Hearings Commenced)
Present:
HON. GERARD P. GOEHRINGER,
Chairman
JAMES DINIZIO, JR,, Member
ROBERT A. VILLA, Member
RICHARD C. WILTON; Member
LAURY DOWD, Town Attorney
LINDA KOWALSKI,
Clerk-Assistant to Board
Absent due to Major Snowstorm:
Serge Doyen, Jr., Member
Southold Town Board of Appeals 2 March 2, 1990`
Regular Meeting
APPLICATIONS
INDEX
PUBLIC HEARINGS
March 2, 1990`
Paqes
No. 4215 -
No. 0`216-
No. 0`217-
No. 4218 -
No. 4219-
No. 4213 -
No. o, 161 -
GEORGE KRISS ..........
LIEB VINEYARD, lNG ..........
THOMAS PULS and DONNA RICCO..
JOHN E. STRIPP and JUDITH D. STRIPP.
DIANE HARKOFF ..........
IRWIN and AGNES FRICK ......
3- 7
8-12
· · 1-3-18
-19
20-22
23-29
BARBARA KUJAWSKI . .
Southold Town Board
~ppeals 23
March 2,
Regular Meeting
8:03 p.m.
No. 4213 - IRWIN and AGNES FRICK.
at 1935 Westview Drive, Mattituck, NY;
107, Block 7, Lot 5.
Carryover from February 2, 1994 - Continued Hearing of Appl.
Addition with reduced sideyard setback
County Tax Map District 1000, Section
The Chairman read the Legal Notice of Hearing for the record, and application.
THE CHAIRMAN: Are the Fricks here?
MR. FRICK: Yes.
THE CHAIRMAN: I would like to add --and I will tell you the reason why we
asked you to come down-- but we will give you a chance to speak first.
MR. FRICK: The reason we are requesting this variance is the house was
built for two people~ It is very small, I think it is 1,300 square feet, and we have
five people in our family. We have to dc something, if we could make it larger. My
mother lives with us, and she is eighty; and we had to build an area for her also, so
that is why we are asking for this variance.
THE CHAIRMAN: The reason why we asked you to come down was because we
have done something unique on this Board over the years, and that is, we have
granted alternate relief, as opposed to just denying the application; And I had
suggested that we ask you to come down and ask you the question if we are not
happy with reducing this to five feet, and you know we could grant alternate relief.
So I have no idea during the deliberation process, that is basically what emanates, a
figure and then two of us agree on it, and we run with a motion, based upon
percentages and overall sideyards that are down there, and so on and so forth.
Again, there is a definite concern --really two concerns, all right-- apart from the
entire situation that we deal with in reference to percentages of variances and what
Southeld Town Board o~l~ppeals 24 March 2,
Regular Meeting
we have done in the sl~ecific area in reference to the reduction of side yards. And
I go back to the situation you had heard me say about fire access and distances
between houses, and so on and so forth. So I will put you on the spot again.
MR. FRICK: I don't know how to answer that. The side yard. the house is
set back further than --have you seen it?
THE CHAIRMAN: Yes.
MR. FRICK: It is set back off the street a lot further than the rest of the
houses on that block. $o that five feet that we are infringing on there. I don't
think it would have anything to do with any kind of access for somebody to get out
or in.
THE CHAIRMAN: The other concern we have is that --or I have-- I am not
speaking for any of the Board-- You really have to be able to put a ladder on your
own property to work on it. You know this is a two-story house; plus you have the
roofline above that. To really work on that house, you know the slope of that
ladder is going to be on somebody else's property if you go with a five-foot side
yard.
MR. FRICK: There would still be six feet left.
THE CHAIRMAN: I know, but I really don't know if that is enough, you
know. What is it, five and a half that you are proposing?
MR. FRICK: Yes.
THE CHAIRMAN: Right. five-five. Five-six. And that is one of the concerns
that we have.
MR. FRICK: Putting a ladder up on somebody else's property.
$outhold Town Board ~ppeals 25 March 2,
Regular Meeting
THE CHAIRMAN: Yes. I am saying, just working on the property in
general. I am giving you some background of the way we dealt with these situations,
in a constructive type of way. I know that it concerns you because you are telling
us you need more square footage because of the size of the house, and so on and so
forth.
MR. FRICK: The house was built for two people, so it is tight.
THE CHAIRMAN: Just for the record, you are Mr. Frick. right?
MR. FRICK: Yes. I am.
THE CHAIRMAN: I don't mean to point at you. but you are Mr. Frick.
MR. FRICK: It would be making the rooms small, the bedrooms smaller.
THE CHAIRMAN: I know this. you know. I have looked over the plan and
understand what you are doing. There is no question of that. With reference to my
fellow Board members again--I don't mean to put you on the spotL
MEMBER WILTON: The addition that you are building, what is going to occupy
that space? Is that going to become a living area or bedroom or--
MR. FRICK: All living area. yes.
MEMBER WILTON: And garage.
MR. FRICK: Are you talking about above the garage?
MEMBER WILTON: The garage and the proposed addition.
MR. FRICK: It is all living area. We added a third bedroom. We added two
more bedrooms is what we did.
MEMBER WILTON: So you now in essence have no garage?
MR. FRICK: There is a --it is less than one-car garage in there now. It is
tough to get in because the utility room is also in that garage.
Southold ~-own Board Deals 26 March 2,
Regular Meeting
MEMBER WILTON: So you are converting that to--
MR. FRICK: A two-car.
MEMBER VILLA: I am confused. He says the house is built for two people~
You talking about two people or two bedrooms?
MR. FRICK: Well, there is two bedrooms because the house was built, there
was only two people.that lived in the house originally. They built it the way they
wanted it.
MEMBER VILLA: But there is two bedrooms existing?
MR. FRICK: Yes.
MEMBER VILLA: So you can get at least four people in there. And you want
to add two more bedrooms and a bath upstairs?
MR. FRICK: Yes.
MEMBER VILLA: And a garage.
The square footage of the house now is about eight hundred
THE CLERK:
square feet?
MR. FRICK:
THE CLEP, K:
MR. FRICK:
No, it is about 1250, 1260.
Living area only?
Yes.
MEMBER VILLA: Existing.
MR. FRICK: Yes.
THE CHAIRMAN: Jim?
MEMBER DINIZIO: My only concern would be that you wouldn't be able to
maintain that side of the house without encroaching on someone else's property.
they put a fence up, you know, or you put your ladder up on their lawn, you
Say
Southold Town Board
Deals 27
March 2.
Regular Meeting
should be able to maintain your property within your own, its own bounds. And I
was certainly concerned when you are coming within five, six feet of a house,
especially a two-story building.
MR. FRICK: The gable~room is front-to-rear, so the gutters will be cleaned
out from the front to the rear, and the siding is going to be vinyl. There is really
very little maintenance on it, as far as painting and trim.
MEMBER DINIZIO: You can't rule out that you are ever going to put
something on that side of the house. In all honesty, if you ever want to maintain
it, whatever, if there is problems it is of no concern to me. The only concern to
me is that if you are intent on fixing that, you must be able to do it on your own
property. And I can't see you building --well, you probably could build scaffold,
but even that is four or five feet, you know. And maybe in the process you are
stepping on their property. I mean, I don't want to create a variance for you to
have an excuse to use somebody else's land to maintain that. That would be my
concern, and I think that would be Jerry's concern that he was trying to explain to
you. in granting alternate relief, in my mind if I think that, you know, maybe the
garage could in some way be used as livable space and cutting it down. I am going
to say that, in my way of thinking, as opposed to encroaching on someone else's
rights as a property owner. You know, to put up a fence or whatever they wanted
to do. Jerry is trying to explain to you. I am going to explain to you the way, and
the way these things work is we get together; and if two of us can agree on one
thing, it might come to a vote or it may not. You may be denied right out. So if
you are not --
THE CLERK: Flexible.
Southold Town Board
~eals 28
March 2,
Regular Meeting
MEMBER DINIZIO: --then I am not going to fight for it. If you are not
going to accept maybe something a little less.
MR. FRICK: In other words, if we can take maybe a foot off?
THE CLERK: Could be two feet,, could be three feet. When you applied, I
told you that five feet was very close, and you probably wouldn't get it. So--
MEMBER DINIZIO: So if you just want us to deny, if you want a yes-or-no
answer, or if you want for us to put in the work and effort to come up with some
alternative relief, we a~e offering that to you. And you know you can either take
it, or you can say "No thank you."
THE CLERK: And re-apply all over again,
mean.
with nothing, if you know what I
MEMBER DINIZIO: You know. "No thank you. deny it and we will come back
with something else."
THE CLERK: It's a separate process all over again, separate filing fees.
We're trying to save you that trouble.
MEMBER DINIZIO: I mean if we grant you alternate relief, that doesn't say
you have to do what we ask you to do. It was .just that would be our idea of what
we feel the Town would be willing to give up according to side yards.
MR. FRICK: If you take three feet off those rooms, I mean. it doesn't even,
as far as I am concerned, it has cost an awful lot of money to do this--
THE CHAIRMAN: Right.
MR. FRICK: And to take 3 feet off those rooms doesn't pay for me to do
that; it just wouldn't be worth it.
$outhold i-own Board o~jppeals
29
March 2,
Regular Meeting
THE CHAIRMAN: We have a figure in mind, based upon size of lot, type of
area, and so on and so forth, that we deal with in the Town. And you know, I'd
like to go with that figure. We will kick it around and see what we-come up with;
but we will try and do the best we can for you. That's all we can do. I use this
phrase: It would be unkind of me not to have you come in and explain this to you;
and that was the reason why we asked you, okay, because there is a substantial
amount of money in filing and so on and so forth, as you are aware. And that is the
reason we asked you.
MR. FRICK: What about the neighbor wasn't going to complain because I
talked to him; I talked to everybody. I told them exactly what I was going to do.
They didn't have (Noise.of machine ending recording tape drowns out balance of
sentence).
THE CHAIRMAN: Well, that certainly adds to the case. It adds tremendous
credence to the situation because the neighbor is not objecting. There is no
question about it, Mr. Frick. You are absolutely correct. So it only goes back
to, you know, the persons we deal with on percentage basis and lot coverage, and so
on and so forth. We know exactly what our parameters are in certain areas, based
upon size of these lots. Excuse me. Is there anybody who would like to speak in
favor of or against this application?
(There was no response.)
THE CHAIRMAN: Seeing no hands, I make a motion closing the hearing and
reserving decision until later.
(Motion seconded and carried. See Clerk's Minutes.)
THE CHAIRMAN: Thank you.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, ChairmA,
Serge Doyen, Jr.
James Dlaizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
March 10. 199q
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Mr. and Mrs. Irwin Frick
2 Arlington Ct.
Miller Place. NY 1176~
Re: Appl. No. 4213 - Alternative Relief for Sideyard Addition
Dear Mr. and Mrs. Frick:
Please find attached a copy ef: the Board's findings and determination
rendered at our March 2. 199q Regular Meeting concerning the above applica-
tion.
Please be sure to return to the Building Inspector and any other agency
having jurisdiction in this project for issuance of other permits and
approvals. A copy of this determination has been forwarded to the Building
Department for their update and permanent records.
Also. we expect to receive comments or recommendations shortly from
the Suffolk County Planning Commission as a result of the referrals required
under the Suffolk County Charter pertaining to variance projects within 500
feet of a waterway. When received, we will forward a copy ,to you for your
update and records.
Very truly yours.
Linda Kowalski
Enclosures
Copies of Decision to:
Building Inspector (Attn: Tom Fisher}
Suffolk County Department of Planning
Page 3 - Appl. NOW13
Matter of IRWIN and-AGNES FRICK
Decision Rendered March 2. 199~
(f) that in view of the manner in which the difficulties arose
and the fact that the size and open land area is limited, the interests of;
justice wlli be served by allowincj a three-foot variation for minimum side
yard setback at seven (7] feet, instead of the required 10 feet, and at total
sideyards at 22 feet, instead of the required 25 feet.
ACCORDINGLY. on motion by Member Dinizio. seconded by Chairman
Goehringer. it was
RESOLVED. that the relief as requested for a setback of 5.5 feet. and
total sideyards of, 20.5 feet. be and hereby is DENIED; and be it further
RESOLVED. that ALTERNATIVE RELIEF BE AND HEREBY IS GRANTED
for a minimum setback of, seven (7) feet. and total sideyerds of 22 feet.
Vote of the Beard: AYES: Messrs. Geahrincjer, Dinizio, and Wilton.
NAY: Member Villa (no alternative was offered but felt a variance of. three
feet is substantial). <3Vlember Doyen of Fishers Island was absent due to
poor weather conditions.) This resolution was duly adopted (3-1).
GERARD P. GOEHRINGER. CH/~RMAN
RECEIVED AND FILED BY
TiiE ~OU ~OLD .
DATE ~ //' ~ ~ HOUR /~'' ~'z
Town Clerk, Town of zoutnol~__
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Ri chard 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 X/V of the Suffolk County Administrative Code, The
Board of Appeals of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning Ccnmission:
xx Variance from the Zoning Code, Article III-A , Section 100-30A.3 (& 100-244B)
__ Variance from Determination of Southold Town Building Inspector
__Special Exception, Article
, Section
__Special Permit
Appeal No: 4213 Applicant: Irving Frick
Location of Affected Land: W/s Westview Drive, Mattituck .(House #1935)
County Tax Map Item No.: lO00- 107-7-5
Within 500 feet of: Mattituck Creek
__' Town or Village Boundary Line
~x Body of Water (Bay, Sound or Estuary)
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 permissionto expand principal dwellinq
with reduced sideyards.
Copies of Town file ~nd related documents enclosed for your review.
Dated: March 2, 1994.
PUBLIC HEARINGS
BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD
February 2, I994
(7:30 p.m. Hearings Commenced)
Present :
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 Bo~of Appeals
2
FebrO¥ 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 SCHLITT .
MARY HOLLAND
BARBARA KUJAWSKI
FRA/{K ZIMMER FARM .
IRWIN and AGNES FRICK
Pages
3-6
7-11
12-17
19-29
30-32
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 Westvlew 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.
VanTuyl,
however, it could have been updated since then. And I
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?
CHAIRMAN: I have a copy of a survey from Roderick
P.C. The specific date I see is August 4, 1980,
have a
(No response.)
Southold 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
C~AIRMAN: 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
I
rI
APPEAL~ BOARD MEMBERS
Gerard R C~oehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
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
February 14, 1994
Mr. and Mrs. Irwin Frick
2 Arlington Ct.
Miller Place, NY 11764
Re: Appl. No. 4213 - Variance for Addition
Dear Mr. and Mrs. Frick:
This letter will confirm our telephone conversation with
Mr. Frick that the Board Members have requested your
attendance. For this reason, the hearing was postponed until
March 2, 1994 at 8:00 p.m.
Enclosure
Very truly yours,
Linda Kowalski
Clerk, Board of Appeals
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 $OUTHOLD
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. and Mrs. Irwin Frick
2 Arlington Court
Miller Place, NY 11764
Re: Appl. No. 4213 - Variance for Proposed Addition
Dear Mr. and Mrs. Frick:
We are in receipt of your application requesting a variance
for a proposed addition at the southerly side of the existing
dwelling.
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 7:50 p.m. (or shortly thereafter). A copy of the
Legal Notice is attached with further details for your
information.
{Please note that amendments for other relief are
permitted only by separate application, if deemed necessary by
you, since the description in the Legal Notice is limited to the
request being made in the application at the date of filing and
the grounds of Disapproval issued by the Building Inspector.)
In the interim, the application is expected to be further
reviewed and structures inspected by the Board Members within
the next few days. For updates, you may want to call us prior
to the hearing. Someone should appear at the hearing to answer
questions that arise. If you feel that more time is needed for
your application, additional time will be available as needed.
Please feel free to call us at any time if you have any
questions concerning your application.
Yours very truly,
Linda Kowalski
Enclosure Clerk, Board of Appeals
NOTICE OF ~
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN,
pursuant to Section 26'1 of the Town
Law and the Code of the Town of
Somhold, that the following public
hearings will b~ held by the
SOUTHOLD TOWN BOARD OF
APPEALS· at the Southold Town
Hall, 53095 Main Road, Southold,
New York 11971, on WEDNES-
DAY, MARCH 2, 1994, eom-
GEORGE KRL~. A ~ is to-
(somhwcsteriy) sidcynsd setback and
i -
I and cabana smgtm-ce,
· ftfence enclceum, situated in an
~ ~ the required r~r yn~.
Location of ProPerly: 14990 Oregon
Road, ~utchogue, NY; County Tax
Map Parcel No. 1000-84-01-02 (now
l.,m ~.4). Zone DisUict: AC.
3. 7:40 p.m. Appl. No. 4217
THOMAS PULS and DONNA
RICCO. A valance is ~equcsted from
Article I~, Section 100-33 for permis-
sion to locate s~Vimmingpool with
fence enclosure ih an a~a other than
the required rear yard. Location of
Property: 1350 Eugene's Road,
~Cutchogue, NY; County Tax Map
Parcel No. 1000-97-6-1.2. Zone
Dislrict: R-80 Residential. The subject
premises is a substandard lot.
4. 7:45 p.m~ Appl. No. 4218 --
JOHN F~ STRIPP and JUDITH D,
STRIPP. A variance Is t~uested from~
Article III, Section 100-32 for permis~
sion lo locate a new principal dwellin~
structure with a reduced fwm yard
back. Location of Property: Private'
Road off East End Road, Fishers
Island, NY; County Tax Map Pal~e~/
No. 1000-7-2-9. Zone District:
Residential. Thc subject premises Js~'J~'~
substandard comer Jot frontin~ onti
private roads. ·
5. 7:50 p.m. Appl. No. 4219 ~
DIANE HARKOFF. A variance fg
requested from Ar sc e IX, Sect ok
100-92 for pcrmission to construct
storage area, r~placing walk-in cool~
existing in rear yard. This project gill
c~eds ~he maximum-permitted Im
eragc requirement in this Hamlctl
STATE OF NEW YORK)
) SS:
~of Mattituck. in
said County. being duly sm)m. says that he/she
is Principal Clerk of THE SDFA~OLK TIMES. a
Weekly Newspaper. published at Mattituck. in
the Town of Southuld. County of Suffolk and
State of New York. and that the Notice of which
the annexed in n printed, copy, has been ~egular-
ly publisheda in said Newspaper once ceeh week
for ~ weeks successively, commencing on
the~ day ofJ~)_~l~. --
CHRISTINA VOUNSKI
ot~ry Pu.b?c, State of New Yo~ .......
~o. 500,~884 /'~ / Prmctpm ~ler~
Qualified iff Suffolk CounW (.~
~isSiofl F~,ob'og November
of Property: 835 First Strcct~ 'New ''~ The Bogie of Appeals will at said
Suffolk, NY; Coumy Tax Map Parcal time and pisce hear any and all persmu
No. 1000-117-8-15. The subject -.ot tepresemagves desiring to be heard
premises is a subMaadard lot. in the above matters. Written eom-
6. 8:00 p.m. Carryover from Bents may also be submitted prior to
February 2, 1994 -- Continued ~O the conclusion of the subject hearing.
Ece,'ing of Appl. No. 4213 -- IRWIN/ Each hearing will not sta~ before th~
and AGNES FRICK· Add0ion witfi times designated above. If you wish to
reduced sidcyard setback at 1935
Westvicw Drive, Matlituck, NY;
County Tax Map District 1000, Section
107, Block 7, Lot 5. . : .;
7. 8:05 p.m~ Cnr~ov~r from
February 2, 1994 -- Continued
Hearing of AppL No. 4161 -- BAR-
BARA KUJAWSKI. Accessory
Apartment usc at 125 (Town House
No.) Sound Avenue, Mattituck. NY;
County Tax Map Pnwel No. 1000-120-
review the files or need to request more
information, please do not hesitate to
· call 765-1809 or visit our office.
Dasd: Fcbrua~ 14, 1994.
~__ BY ORDER OF THE
I~OUTHOLD TOWN BOARD
· ~' ~)ERARD P. GOEHRINGER
7~?-]TFi7
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF
PUBLIC HEARIb[G~:,
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 b~.
the SOUTHOLD TOWN
BOARD OF APPEALS, at
the Southold Town Hall,
53095 Main Road, Southold,
New York 11971, on
WEDNESDAY, MARCH
1994, commencing at .tho
times specified below:
1.7:30 p.m. Appl. No. 4215
GEORGE KRISS. A varianc~
is requested from Article
XXIV, Section 100-244B of
the Southold Town Zoning ~
Ordinance for permission to
construct addition with reduc-
ed (southwesterly) sideyard
setback, and reduced total
sideyards at less than the re- I
quired 25 ft. Location of Pro~
perry: 420 Bayer Road, Mat-
truck, NY; County Tax Map
Parcel No. 1000-139-3-21. The
subject premises is a substan-
dard lot containing less than
20,000 sq. ft. in area.
2. 7!35 p.m. Appl. No. 4216-
LIEB VINEYARD, INC. A
variance is requested from Ar-
ticle III, Section 100-33 of the
Southold Town Zoning Or~
dinance for permission to:
locate swimming pool and
cabana structures, within a
fence enclosure, situated in an
area other than the required
rear yard. Location of Proper-
ty: 14990 Oregon Road, Cut-
chogue, N.Y.; County Tax Map
Panel No. 1000-84-01-02 (now
Lot No. 4.4). Zone District:
3.7:40 p.m. Appl. No. 4217
THOMAS PULS and DON-
NA RICCO. A variance is re-
quested from Article III, Sec-
tion 100-33 for permission to
locate swimming pool with
fence enclosure in an area
other than the required rear,.
yard. Location of Property;~
1350 Eugene's Road, Cut-
chogue, NY; County Tax Map
Parcel No. 1000-97-6d.2. Zone
District: R-80 Residential. The
subject premises is a substan-
dard lot. ~ .
.OUNI'Y OF SUFFOLK
ss;
;'I'A'I'F. OF NEW YORK
Patricia Wood, being duly sworn, says that she is tile
4. 7:45 p.m. Appl. No. 4218 - F. ditor, of THE LONG ISLAND TRAVELER-WATCHMAN,
JOHN E. STRIPP and ·
JUDITH D. STR1PP.. A a public newspaper printed at Southold, in Suffolk County;
variance is requested from a,d that the notice or which tile annexed is n printed copy,
ArticlellI, Section100-32 for has been published in said I.ong Island Traveler-Watchm,m
permission to locate a new
principal dwelling structurei once cach wcck for
with a reduced front yard set- I
back. Loc-aii-on~ of ProPertY: [ :!ucccssk, cly, commencing on the ......................
Private Road off East End 1
Road, Fishers Island, NY;!
County Tax Map Parcel No. ~ ' '" .....
1000-7-2-9. Zone District: ~/0
R-120 Residential. The subject. [P ' · .... , · · . r'h ~ .
premises is a substandard cor-|
ncr lot fronting on two private
roads.
5.7:50 p.m. Appl. No. 4219 -
DIANE HARKOFF. A S',v(nn Io before mc Ibis ............ ff.?. ...... day of
variance is requested from Ar-
ticle IX, Section 100-92 for
permission to construct ............. , ~9..?~.
storage area, replacing walk-in
cooler existing in rear yard.
This project exceeds the
maximum-permitted lot
coverage requirement in this ................ ~
Hamlet-Business (HB) Zone Nolary Public
District. Location of Proper-
ty: 835 First Street, New Suf- BARBARA A. SCHNEIDER
folk, NY: County Tax Map NOTARY PUBLIC, Sta!e of New York
N0. 480~34G
Pamel No. 1000-117-8-15. The ' at said time and place hear any Qualified in Su[~clk County
subject premises is a substan- and all persons or represen- Commission Expires
dard lot. {? tatives desiring to be heard in
6. 8:00 p.m. Carryover froth~ · the above matters. Written
February 2, 1994- Continued' · comments may also be sub-
Hearing of Appl. No. 4213 - .. mired prior to ~he conclusion
IRWIN and AGNES FRICK. ' of the subject hearing. Each
Addition with reduced hearing will not start before
sideyard setback at 1935 the times designated abov~ If
Westview Drive, Mattituck, you wish to review the files or
NY; County Tax Map District need to request more informa-
l000, Section 107, Block 7. tion,'please do not hesitate to
Lot 5. call 765-1809 or visit our
7. 8:05 p.m. Carryover from office.
February 2, 1994 - Continued . ..Dated: February 14, 1994.
Hearing of Appl. No. 4161 - BY ORDER OF
BARBARA KUJAWSKI. Ac- THE SOUTHOLD TOWN
cessory Aprtment use at 125 BOARD OF APPEALS
(Town House Nb.) Sound GERARD P. GOEHRINGER
Avenue, Mattituck, NY,: Coun- ' ' ;; CHAIRMAN
ty Tax Map .Parcel No. .." By Linda Kowalski
,1000-120-1-2.2. ,, '~ . · .r ;;~:, 1X-2/17/94(5) .~
.: ::The Board of Appeals will~l,a I I°tv
Page 3 ~
Regular Meeting o arch 2, 1994
Southold Town Board of Appeals
Copies to the following 2/15/94:
Times-Review Newspaper (fax transmission)
L.I. Traveler-Watchman (fax transmission)
Original Posted on Town Clerk Bulletin Board
(in Lobby)
Copies to:
ZBA Members with copies of file documents
Building Inspector's Office
Planning Board Office
Supervisor's Office
Town Attorney's Office
Applicants or Agents, as follow:
Mr. and Mrs. George Kriss, 420 Bayer Road, Mattituck
Mr. Garrrett Strang, R.A., Box 1412, Southold
Re: Lieb Vineyard, Inc.
Mr. Frank Cichanowicz, Briarcliff Landscape, Box 222, Peconic
Re: Puls and Ricco
Mrs. Diane Harkoff, Box 1269, Mattituck, NY 11952-1269
Stephen L. Ham III, Esq., 45 Hampton Rd, Southampton 11968
Re: John and Judith Stripp
Mr. and Mrs. Irwin Frick, 2 Arlington Ct, Miller Place, 11764
Ms. Barbara Kujawski, P.O. Box 1113, Mattituck, NY 11952-1113
Mr. John Kujawski, P.O. Box 123, Laurel, NY 11948
., ~;.NOTICE IS HEREBY GIVEN,
~punuant to ~on 26'/of th~ Town
~ Law and'the~C ,o~1· of the Town of
= Somhold, thi~ ~1~ following public:.
~hearlngs will:be held by the
~{OUTHOLD TOWN BOARD OF
~.~PPEALS. al the Srmthold Town
.~all, $309S Main Road,
~New York I1~71. on WEDNE -
'!DAY, FEBHUAH¥ 2, I~M, corn;'
?~en¢ing at the times.Specified
~eption .~b~i~r'~flicle Di. SeCtion
I00-3IB(12) fo~ permission to esmb-
~,..'~:fiJh new Horse-Riding Acadomy.
~tion of Property: 29525 Main
'~Road, Orient, NY; Count/Tax Map
.~ parcel No. 1000-13-2-7.8. Thc sub-
~sted in the R-SO ~onc District, is
~u~*scmly imwoved with barns and is
S. ?:$0 p.m. AppI. No. 4213
~IRWIN .nd AONKS FRICK. AI~
~plicstion for a Variance to
~ZonlnS OFdinance~'Article IliA,
Scctiofl 100-30A.3 (and Section 100-
~':~4~lB~ertaining'to mbstenderd lot
.sizes) for permission to. const~c.t
-~nddifio~ with t reduction m the m~m-
· ~"mum setback at the southerly side
T the addition is I~"~ to
~ 1/2 feel from the existin! dweuing
~i minimum I0 R..ethech; applicant
· . ~ l~oposes a five-fora mheck. This
~,;percel of land has n to~l Io( area .of
~ ~.~ 940:1: snuare feet and is located m
· ~Zrme District. Property
~.~Westview Drive, Mnttiluck, NY; .
- ~Coonty Tax Map District 10.00.,~,
·. :~t~-~-~ne e~md of Appeals Wilt st
' ~':"t~ and pla~e hear any ' .a~. all o~
' ~.' sons ~ uq~esentatives de~rtng
. . ~ he,d i, ~ ,bo,, ,~t~,.
\ -~-"' ' ~(~ to the conclusion of the subject
\ - N:hem/n~ Each heating will no~ s~rt
~' ~' · desi above. If
. ~u wish to review the files or need
· ' ...do nm hesitate to~o~l
' visit o~ GraCe..~:~
'/ BY ~RDER OFTHESOUTHOLD
.~ ?~,~; TOWN BOARD OF APPEALS
· :'".,~:: . _=X.,.~CHAIRMAN
STATE OF I~w YORK)
) SS:
~of Mattituck, in
said County, betng duly sworn, says that he/she
lo Principal Clerk of THE SUFFOLK 'r~E8. &
Weekly Newspaper, published at Matfltuck, in
the Town of Southold, County of ~uffolk and
State of New York, and that the Notice of which
the anne. xed is a printed copy, has been regular-
ly pubtliohed in said Newspaper once each week
for, _J weeks su~ccesoively, coinmeneing on
CHRIS11NA VOUNSKI
NoIaw Publi~, State of New
No. ~
aual~i~ in Suffolk C~nw
~mi~n ~res Nove~r 2~ 1
~,BOARD OF APPEALS
~TOWN OF SOUTHOLD
~_~DITIONAL HEARINGS
~t~NOTICE IS HEREBY
~IVEN, pursuant to Section
~ 267 of the Town Law and the
:Code~ of the Town of
. -. ~ ~,,. l~outhold, that the followin~
..~..~. ~ ..~.:~:=~ =. public hearmss Will be held by
· ~t~%"~";~:~- ~the SOUTHOLD TOWN
· '~- '~BOARD OF APpE,~LS, at
'~the~Southoid Town Hall,
"~3095 Main Road, Southoid;
~ New York 11~?1, on
~ WEDNESDAY, FEBRUARY
l':~ '1994, Commencing at, t~t~e
.'~e~ specified belo~...~,'~,,,:
~ILaLI~C a ZIMMEIL Spec~ .> ~ ~
~Exception under Article III,
~Sectlon 100-lIB(12) for per-
mission to establish new
· ' Horse-R/dingAcademy. Loca-
' ~tion of Property: 29~25 Main
' Map Parcel Na 1000-11-2-?.8.
The subject prennses Contains
Zone District, is pre, n_ tly im-
u_.~iliz~Las a horse farm. ~;
:IRWIN ' AND AGNES
"FRICK: Application for a
, dinance, Article IliA, Section
~100-30A.3 (and Section
100-~44B pertaining to
.-- saubstandard lot sizes) for per~
~ - mission~to Construct addition
~-.":~.V;~.-. ~with ~n;.~eduction' in the
' ?-'_ . mlnlmtlm setback at the
. southerly side yard. The ex-
'i!~iii~i'::" d!~'_t!ns setback is shown to be
approximately 11½ feet, and
the addition is proposed to
te~d 6½ feet from the existing
dwelling structure, Section
= 100-244B requires a minimum
~10 foot setback; applicant pro-
. Posed a tire-foot setback. This
parcel of land has a total lot
: · - . >area of 13,940± square feet
'and is located in the R-40 Low-t
Density. Residential ~Z~el
~.~ .....:~:.:District. Property liD: 1935
:~ ..'" ~Westview Drive, Mattituck
~. ~NY:; County '1~ Map District
. "~. "~I000, Section 107, Block 7~
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
EJitor, o( THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper ~rinted at Southold, in Suffolk County;
and that the notice of which the annexed is a i:rintcd copy,
· h,~s hcen .publis~ec in said Long Island Traveler-Watchman
once eacl:{ week for . . .'~ ................ ./. ..... weeks
~, ccessivel y, commenc'in~ on the .... ~'~ ~(
Sworn lo befm'e me Ihis ..................... clay of
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC. St~!o 01 New York
No.
Qualified in Su[J0lk County
Commission Expires
at said time and place hear any
~tnd all persons or mprese~-
-" .~afi~es desmng to be heard in
~he above matters. Written
._~omments may also be sub-
mitred prior to the conclusion
of the subject hearing. Each
bearin~ will not start
the time~ designated above. If
you wish to review the files or
need to request more informa-
,tion, please call 765-1809 or
~visit our office. '~,~:;~c.', ~,~.~
;;~) ted: January 21, 1994
.=l/~r~! BOARD OF APPEALS
~ ~ ~9~lt:tb}~! By: Linda Kowaiski
'~ ~f~.-iii.i;.,:~{i.~,, 1X-1/27/~4(1)
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF $OUTHOLD
ADDITIONAL HEARINGS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, 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 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 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.
2 - Additiona~aring 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,
N~f; 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 SOLFfHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRF2%N
By Linda Kowalski
x
x
Page 3 - Additiona~earing Notice
Southold Town Board-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 (inspecti0ns, etc.)
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
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
January 21, 1994
S.E.9.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4213
Project/Applicants:
County Tax Map No.
Location of Project:
Irwin and Agnes Frick
1000- 107-7-5
West¥iew Drive, Msttituck
R-40 Zone
Relief Requested/Jurisdiction ~fore This Board in this Project:
Addition to dwelling which reduces sideysrd setbsck f~om the
southerly property line to five feet. (Ten ft. minimum is
required ~ Code.)
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 $outhold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 6t7.13 of 6 ~TYCP~R Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the ~Yl~e II classification as
established by law. Further, this Department may not be an
involved agency under SEQP~ {Section 617.13(a) as 8~ended
February 14, 1990}.
Although this action is classified as Type II for this
variance application under SEQP~ {specifically 617.13, 616.3(j),
and 617.2(jj)}, this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board men,hers.
Copy placed in ZBA project file for record purposes.
lk
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C; Wilton
Telephone (516) 765-1809
BOARD OFAPPEALS
TOWN OF SOUTHOLD
January
~/PE II ~
CTION DECL~ATION
Ap~al No. 4213
Project/Applicants: Irwin and A§nes
County Tax Map No. 1000- 107-7-5
L~ation of Project: 1935 West View
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Frick
Dr., Mattituck, NY
20, 1994
Relief Requested/Jurisdiction Before This Board in this Project:
Construct addition with a reduction in the minimum setback
at the southerly side yard
This Notice is issued pursuant to Part 617 of the
implementing re~lations pertaining to Article 8 of the N.Y.S.
Envirora~ental 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
su~.itted; however, Section 617.13 of 6 N~CP, R Part 616, and
vSae~al~cnea~p0plll~3 ~tf otnh aE~sir ental Conservation Law, this
ef
c i
.established by law. Further,de~h~sh ep~ar~eI ~l~aS~lnfol~a~elO
eD ~agency
· nvolved n
naSunder
February 14, 1990}. SEQP~ '{Section 617.13(a) as ~Unended
Although this action is classified as T~e II for this
variance application under SEQP~ { specifically 617.13, 616.3 ( j ),
and 617.2(jj)}, this determination sba
other agency,s interest 1.1 h.a.ve no affect u on
agency, or SEQP~A determlna=lon as an involvedany
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, N~Z 11971 at
(516) 765-1809.
Original pOsted on Town Clerk Bullet'
_Copies to applicant o ~ ....... 1.n B..oard, Town Hall
uopy placed in ZBA pro4ect ~- ~ ual board menlbers.
~ ~xxu rot record purposes.
mc
JUDITH 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. 4213 - IRV FRICK
Transmitted herewith is Zoning Appeal Appl. No. 4213 - IRV FRICK
together with the Notices of Adjacent Property Owners, the Notice of
Disapproval from the Building Department, a map of proposed construction,
the Zoning Board of Appeals' Questionnaire, the Short Environmental
Assessment Form, and a copy of floor plan.
Judith T. Terry
Town Clerk
QUESTIC~;AIRE
FOR FILI~IG 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
s~bject premises and a description of their interests:
(Separate sheet may be attached.)
B. Is the s~jec~ ~rem~ses ~is~e~ on the real es~a~e mar~e~
- sale~r being sho~ to prospective buyers? { } Yes
C. _Are ther~~osal~ to ~ange~ alter l~d
{ ) Yes {~No .
D. 1. Are there any areas which contain wetland grasses?
2. Are the wetland areas.shown on the map submitted with
3. this application?
Is the preuerty bulkheaeed between the wetlands area and
the Upland-building area?
4. If your property contains wellings or pond areas, have
you contacted the Office of the TT~ 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 fenc~_s
which e~ ~re not ~hc~n ~n the survey map that you
SUbmitting? ;~. ~ If none exist, please state "none."
· G. Do you have any construction taking place at this time
concerning your premises? ~_ If yes, please submit
of your building permit and map as approved b,. the .... ~9 copy
Department. If none, please state. ~
H. Do you or any co-owner alsd own other land close to this
parcel? ~)~ If yes, please explain where or submit copies
of deeds.
I. Please list present use o~0Re{ations conducted at
parcel ~;~ ~ and
propose~ Use ; ~
this
tnorized Signauure and
3/87, 10/901k
§ 97-t3
WETLANDS
§ 97-13
TO%VN -- The Town of Southold.
TRUSTEES -- The Board of Trustees of the Town of
Souchold. [Added ~.5~4 by L.L. No. 6-1984]
~;'¢ETT_,A~N'DS [Amended 8-26-76 by L.f- ,.No. 2-11)76; 3-25-
B5 by {,, I N~. 6-1985]:
A. IIDAL WETLANDS:
(I) Ali 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, flats or other
Iow lying lands subject m tidal action;
(2) All banks, bogs, meadows, flats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following:, salt hay, black
grass, saltworte, sea lavender, ~11 cordgrass, high
bush. cattails, groundseL m~rshmnHow and law
(3) All land immediately ad]aeent ~n a tldal wetland as
defined in Subsection A(2) and lying ~vithin seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24. Ti-
tle 1. § 2.1-0107. 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 ~vith-
in seventy-five (75) feet la.dward of the most land.
ward edge of a freshwater wetland.
9705
IPROJECT I.D. NUMBER I 617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1 ~3' A,P.~ANT ISPON$.OB ~ . 2. PROJECT NAME ~.~ / .
~. PROJECT LOCATION: .~ _ //~ / / / /~
SEQR
5. IS PROPOSED ACTIO :
r-~ New ~N;xoansion [] Modfflcaflonlalterat Ion
6. DESCRIBE PROJECT BRIEFLY:
7. AMOUNT ~,~
OF L~NO A FECTED;
Initially ~ acres Ultimately acres
WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTtNG LAND USE RESTRICTIONS?
[] Yes [] NO If NO. describe briefly
9. WH T I$ PRESENT LAND USE IN VICINITY OF PROJECT? .
~Z~esiclentlal [] lnOustrial [] Commercial [] Agriculture [] Perk/Forest/Open space [] Other
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form betore proceeding with this assessment
OVER
I .(Continued on reverse side)
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environmental revlew will be made by this board
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FO~M
INSTRUCTIONS:
(a) £n order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project 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 not significant. .
(d) Environmental Assessmen~
1. Will project result in a large physical change
to the project site or physically'alter more /N
than 10 acres of land? Yes ~ O
2. Will there be a major change to any unique or
%L~u~ual land form on the site? Yes o
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
7. Will project result in a major adverse effect on
air quality? __Yes 'ENO
8. Will project have a major effect on visual char-
acter of the ccnununity or scenic views or vistas
known to be important to the ~ommunity? Yes iN0
9. Will project adversely impact any site or struct-
ute of historic, pre-historic, or paleontological
importance or any site designated as a critical
envircamental area by a local agency? Yes ~No
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
12.
13.
14.
cause a major effect ~o existing transportation
systems? ____Yes
Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? ~Yes
15.
Representing:
ZRA g/'75
NO
Will project have any impact on public health
or safety?
-. Yes /No
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 o
period o__r have a major negative effect on the
character of the community or neighborhood?
Is there public controversy concerning the
project?
Page /~ - Minutes
January 14, 1993 Regular Meeting
Southold Town Board of Appeals
DELIBERATIONS/DECISION:
Upon Application of FREDERICK E. HULSE, JR. and JOYCE HULSE
for a Variance to the Zoning Ordinance, Article III, Section
100-32 (ref. Section XXIV, Section 100-244B) for permission to
construct garage/storage addition with reduction in the
southerly side yard at less than the required ten (10) feet.
Location of Property: 35 Sunset Lane, Greenport, NY; County
Tax Map No. 1000, Section 33, Block 4, Lot 9.
WHEREAS, after due notice, a public hearing was held on
January 14, 1993, and all persons who desired to be heard were
heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
the surrounding areas; and
and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located in the "Low-Density
Residential R-40" Zone District and is referred to as District
1000, Section 33, Block 4, Lot 49. ~
2. The subject lot is nonconforming as to total lot area
at 15,650+- square feet, and although the lot width and depth of
are nonconforming, they do conform to the provisions of Section
100-244B for substandard lots.
3. The subject premises is presently improved with a
one-story, single-family dwelling having a livable floor area of
1575+- sq. ft., plus small porch and one-car garage. Located in
the rear of the dwelling is an inground swimmingpool with patio
areas and fence enclosure, all as shown on the survey dated
January 15, 1976 prepared by Roderick VanTuyl, L.$., P.C.
The setbacks of the dwelling as exist are shown on the survey to
be 30 feet to the front property line, 33 feet from the
northerly side property line, 17 feet to the southerly side
property line, and 45 feet to the rear property line )from
house). The swimmingpool is shown to be set back 10 feet from
Page /5_ Minutes
January 14, 1993 Regular Meeting
Southold Town Board of Appeals
(HULSE decision, continued:)
the rear line and 23+- feet from the southerly property line.
4. Article IIIA, Section 100-30A of the current zoning
code (as amended January 10, 1989) provides for minimum side
yards at 15 and 10 feet, inclusive of automatic relief provided
by Article LXIV, Section 100-244 pertaining to nonconforming
lots having less than 20,000 sq. ft. of land area.
5. In this application, a variance is requested for three
feet from the southerly side yard setback to allow for the
construction of a 10-foot addition to the existing garage,
leaving a setback at seven (7') feet to the property line. The
addition will be for garage-storage purposes incidental to the
owners' residence and not as a separate use.
6. For the record, it is noted that:
(a) the buildings and structures presently ~onform in
all respects to Article XXIV, Section 100-244B of the Zoning
Code and Article XXIII, Section 100-230A;
(b) the extension of three feet into the side yard
will not adversely change the character of the area and is the
minimum necessary to afford relief;
(c) the subject 10 ft. garage addition and other
existing building areas would be approximately 2800 sq. ft.
coverage and is not in excess of 'the 20 percent total lot
coverage limitation;
lot
(d) the placement of a stockade fence, as suggested by
the property owner to the south, is not in the Board's opinion
necessary considering the three-foot reduction is minimal in
relation to the requirements and the fact that the distance
between the two homes is greater than, and not out of character
with, most of the homes in this area of substandard lots.
7. In considering this application, the Board also finds
and determines: (a) the relief as granted ~ill not in turn
increase dwelling unit density, since only one principal
dwelling use will continue as exists; (b) inspection of the
site and neighborhood and review of the record find that the -
practical difficulties claimed, are sufficient to warrant a
grant of a three-foot variance; (c) there will be no
substantial change in the character of the immediate
neighborhood or detriment to adjoining properties;
(d) the difficulties cannot be obviated reasonably with some
method feasible to the appellant to pursue, other than a
variance; (e) that it is not unusual for parcels having a lot
area of less than 16,000 sq. ft. to necessitate minimal relief
in side yard setbacks; (f) that in view of the manner in which
Page /~ - minutes
January 14, 1993 Regular Meeting
$outhold Town Board of Appeals
(HULSE decision, continued:)
the difficulties arose, and in considering all the above
factors, the interests of justice will be served by granting the
variance, as applied.
Accordingly, on motion by Member Villa, seconded by
Chairman Goehringer, it was
RESOLVED, to GRANT a Variance for a reduction in the side
yard from ten (10) feet to seven (7) feet, as applied and shown
on the sketch under consideration, for a 10 ft. by 26 ft.
garage-storage addition at the southerly side of the existing
dwelling.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Villa
and Wilton. (Member Dinizio abstained.) This resolution was
duly adopted.
~ A-C
?
/
&-C
4-¢
;J
IJ
COUNTY OF SUFFOLK
Real pro~,r,¥ Tax S,rvice Agency 107'
BOARD OF APPEALs. TOWN OF SOUTHOI.D
In the Matter ot the Petition of :
~o the Board of A~eal~ mf the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. ~c intention of the unders,gned to petition the Board of Appeals of the Town of Southmd
lo request(~L V~arianc~ (Special Exception) (Special Permit) (Other) [circle choicel
2. That the property which is the subiect of the Petition is located adiacent to your property and is des-
cribed as follows
3. That the proper:y which is the subiect of such Pe[ition ~s located in the followtng{oning district:
.. ,q,?
4 lh.~I b~, sud~ Pe~n,<m. %he undersigned will request Iht' follo~in~ relie[:
5. That ,he pro','J~,'OnS of the SouthoJd Town Zoninj~ Code applicable to. ,he relief sought by the under-
signed are /:~:'t:Lcle Secr_Lon
[ ] Section 280-A. New York Town Law for approval of access over right(s)-of-way.
6. ] ha: wi~n,n hvc da~ from :he date hereof, a written Petition requesting the relief specified above will
be filedin the Sou~hold Town Clerk's Officeat Main Road Southold, New York and you may then a~ there
examine [he same during rcgular office hours. (5~6) 7~5-1809.
7. That before thc relief ,ought 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
hearmg in the Suffolk Times and in the Long Island Traveler-Matt[tuck 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.
Owners 'Names: /$(~/~.)~/._~/
Post Office Address
[Copy of ske, h or plan showing proposal to be attached for convenience
purposes.]
NAM~
PR___OOF OF MAILING OF NOTIC
ATTACH CERTIFIED MAIL RECEIP
ADDRESS
719
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
Return Receipt ShOwing
TOTAL Postage
Z 719 442 083
Recei.pt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
ISee Reverse)
P O, tale and ZiP Code
Postage .
Certified Fee
· , ~_~,depo ent maileda (rue copy of the Noticc set forth on there-
verse side hereof, directed to each of the~anove-named persons at the addresses set opposite their respective
names; tha! the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at /.~////~/o//:~/_:7 ~ 0 ' ; that said Notices were mailed to each of said persons by
(certified) (registered) mad,
Sworn to before me this, '~'
......
~ Notary Public: '
Not~YNpo~. 8. LEHTONEN
Sate of New ~
~18828
Qual~i~ i~S~olk Cou~
Commission E~ires Feb 1, ~ /~
UNDA £ KOWAt. SKI
I#. ~2..4~24T/1
Commlaakm Ex~re~ Nov. 30,19~-
(This side does not have to be completed on form transmitted to adjoining
prooerty owners.)
./
iI t