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HomeMy WebLinkAboutZBA-01/23/1992 HEARING TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JANUARY 23, 1992 Board Members Present: Chairman Gerard P. Goehringer Members: Gri gonis , Dinizio, Villa Absent: Doyen Linda Kowalski, Z.B.A. Secretary and approximately 20 persons in the audience. Appeal # 4073 Applicant (s) : Mr. & Mrs. Edward M. Cummings Location of Property: 4775 Paradise Point Road, Southold, NY County Tax Map No. : 1000-81-1-24. 5 The Chairman opened the hearing at 7: 30 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: A copy of a survey produced by Roderick Van Tuyl, P.C. dated December 10 , 1984 , amended date is June 21, 1991 indicating the plan location of the garage which is approximately, as it sits on the trailer at the present location, at approximately five (5) feet west of the property line and approximately forty-five (45) feet from the private road or the front property line. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there someone who would like to be heard on the Cummings application? DAVE DOW D: What we have done is put an addition on the house and because the existing garage sat right in front of the addition, we had to move it and the question is where to do it. It has to be in the front yard which is the basic variance we need, because the other side is the water and left and right there is no room. So after Mr. Cummings discussed with his neighbor, he felt that his neighbor to the West concurred with him that he wanted to place it five (5) feet from the property line at the present location, where we have it on the trailer. That would be satisfactory to him. Mr Cummings has also spoken to Association and to the contiguous neighbors and everyone seems to confer. CHAIRMAN GOEHRINGER: The building is going to remain in its present state, it is not going to be elongated or heighthen or lengthened or anything else? DAVE DOW D No. CHAIRMAN GOEHRINGER: What kind of utilities will be placed in the �.:.. .. building? DAVE DOWD: Just electric. CHAIRMAN GOEHRINGER: Okay. t + Page 2 public Hearing--Mr. & Mrs. Edward M. .Cummings Southold Z.B.A. 1/23/92 CHAIRMAN GOEHRINGER: And it will be placed on a perminent foundation? DAVE DOWD: yes. CHAIRMAN GOEHRINGER: And it will probably be enhanced a little to match the house. DAVE DOWD: Perhaps. CHAIRMAN GOEHRINGER: Perhaps. I want to be honest with you, for the record, I concur with your ideas of putting it in the front yard, rather than closing up a side yard area and that is one thing we don' t care for. ParticularyIon the water because there are times when you might have to get to your rear yard;; no question about it. Let' s see if anyone else has any comments. Is there anyone else who would like to speak in favor? Anybody else speak against it? Questions from Board members? I have no specific objection to this. I will make a motion granting it as applied for, providing permitted that it only has the utility electric. DAVID DOWD: That' s all MEMBER GRIGONIS: Second it. AI.l: in. Favor. AYE. BY Lorraine A. Miller. (Transcribed by tapes recorded by me on 1/23/92) Page 3 PUblic Hearing--Southold Z.B.A. January 23, 1992 Appeal # 4079 Applicant (s) : George Storms Location of Property: 105 Bridge Lane, Nassau Point, Cutchogue, NY County Tax Map# 1000-118-3-3. 5 The Chairman opend the hearing at 7: 40 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey, the Board has all seen the property, we are aware of the .the six (6) foot fence and I have a copy of the Suffolk County Tax Map indicating this and the surrounding properties in the area. Would you like to be heard sir? GEORGE STORMS: Yes. I have here, which I think should be entered into the situation, communication from the Chairman of the Nassau Point Property Owners, Chuck Fraser. The owners of the community have endorsed this change for safety reasons and these are some of the fences in the area that exist today on other properties. What we are contending is that as a safety measure, because of the location of where this is " and the fact that the property is downhill. It is only approximately twenty percent. (20%) of the fence that represents an excess of the four (4) foot limit. CHAIRMAN GOEHRINGER: You mean above grade. MR. STORMS: Yes. CHAIRMAN GOEHRINGER: We are just taking a second here. We are passing the pictures down to the other side. Mr. STORMS: We elected to use a smooth side fence, for safety purposes. Whereas chain-link would offer an additional incentive for young people to go over it. As a result we went with this. It is going to be planted in keeping with the rest of the community. CHAIRMAN GOEHRINGER: Is that fence directly inside the property line? GEORGE STORMS: Yes. CHAIRMAN GOEHRINGER: So the property line extends that close to the road. GEORGE STORMS; Yes. CHAIRMAN GOEHRINGER: I understand the infant issue and children and so on and so forth, but I don' t specifically understand the issue of deer, racoon, and so on and so forth. Are you concerned about. animals getting into your rear yard area? Is that what the concern was? Page 4 PUblic Hearing--George Storm Southold Z .B.A. -- 1/23/92 GEORGE STORMS. Well we always had them living there, until we took down an awful amount of big trees that were in that area. I brought in seven hundred (700) yards of top soil and fill from Lee Dickerson. So we have upgraded the property tremendously to accommodate this back yard, to preserve the natural beauty of the community,- but it has beem a natural habitat for animals in-the past. CHAIRMAN GOEHRINGER: You mean you brought this seven. hundred (700) yards in when you built the swimming pool,:so itdidn' t end up to be a reservoir. You built the swimming pool up. In the whole rear. yard. GEORGE STORMS: Right. Because it was probably from Bridge Lane , cleared out, we were about six to eight feet (6 to 8 ' ) , in fact a bull- dozer sitting there you would look down on the top of it. That is how low the property would have been if I hadn' t brought in the seven hun- dred (700) yards of fill and top soil. CHAIRMAN GOEHRINGER: Does any one have any questions, Bob Villa, Jim Dinizio? Does anybody object to this? MEMBERS: No. CHAIRMAN GOEHRINGER,, I want to be honest with you Mr. Storms. I of course am looking at a raw fence as opposed to a seasoned fence. I myself, I 'have never met you before and I have nothing against you in any case, I don't particulary care for it. What I would have rather seen was an application for this Board for six (6) feet at the post-line. And a cut to five (5) feet. And I am talking about a circular cut like this. A scallop effect. Only because it does cause a president. The other fences you are citing are primarily fences that have been there for many, many years and probably have been replaced, but they have been replaced in time so you haven' t noticed it .and that GEORGE STORMS : It is only of the area you are referring to along Bridge Lane. The six (6) foot that we are entitled to directly behind the house. This piece is only approximately .of six hundred (600) feet. of fencing. One hundred (100) , one hundred twenty (120) feet on the outside would be two (2) foot above what is the legal limit at the moment. CHAIRMAN GOERHINGER: As far as the area, I don' t want to get involved in the establishment of your front yard area. But the front yard area is really that area which is the side yard which appears to be both sides. If you have a corner lot, so you are really talking not only the road frontage, you are talking also that area that leads to the house, which in this perticular case is thirty-six (36) feet four (4) inches. Not withstanding that fact I don' t have a particular problem with the portion that is in back of the pool, determining that either side yard or rear yard is a mute point at this particular time. Nor am I going to challenge this particular issue with this point. I just wanted to tell you that.:I would have felt that scalloped effect would look have looked a heck of lot nicer. Page Public Hearing--George Storms Souhtold Z.B.A. 1/23/92 GEORGE STORMS: Well we had that in mind to be frank with you, but we thought that there were certain disadvantages of the scalloped effect . that would lend itself to being the young people being able to peer over and making it inviting for them to go over. And in that particular area where that six (6) foot exists that is two (2) foot above what is required or allowed that happens to be heavily shrubbed and treed. So that there would be no way of. us detecting anybody coming in that area, until the damage was done. CHAIRMAN GOEHRINGER: So that area in front of the fence is really a portion of the road, the unpaved portion of the road. GEORGE STORMS: That is right. There is no houses adjacent to us. This is strictly a corner away from everything. We' re more or less isolated in that one particular area. We are going to plant it and bring it up to make it more decorative that anybody else' s to be quite frank. Once that turns grey and there are some shrubs in front of it, it will be an intregal part of the community. CHAIRMAN GOEHRINGER: When you say in front, you mean towards the road side? GEORGE. STORMS: Yes. CHAIRMAN GOEHRINGER: What were you planning on there? GEORGE STORMS: Well something in a juniper of some type that would be appropriate. It' s eight (8) foot, ten (10) foot off the road-.:there. It would be decorative and would flush- right up against the fence and be a very decorative setting in the background. CHAIRMAN GOEHRINGER: Okay. We will give it a shot and we will do the best we can for you. Is there anybody else who would like to speak in favor of this application? Is there anybody who would like to speak against the application? I don' t know if I will have the decision for you tonight, but we will have the decision for you shortly. We appre- ciate you coming in and bringing contractors with you. GEORGE STORMS: Is there any objections that the -Board has.:that we could discuss. If .there is anything. We do have the endorsement of the community. It is not like something is going up that everybody in the neighborhood is objected to. The president of the Nassau Point Property Owners as well as the chairman has endorsed it and recommended it. RONALD WHITE: One of those photographs, you were talking before about the fences probably being up before time. There is one that has an eight (8) foot high tennis court fence that is on the roadside. That is fairly new. I just wanted to bring that out to say that there has been a precidence before. Page 6 Public Hearing--George: Storms ..Southold Z.B.A.. 1/23/92 CHAIRMAN GOEHRINGER: I think we granted that one, I am not sure. I don' t know how to rectify this to be honest with you, I really don't and I am being honest with you. The whole issue is can I muster four (4) votes out of a five (5) member board for granting the fence. We will do the best we can Mr. Storms, we appreciate your coming out in this crumy night. GEORGE STORMS: That is no problem. I will be leaving town this week, so I would like to resolve this before. CHAIRMAN GOEHRINGER: Does anybody have any questions at this time? Do you have any problem with the application at all? I should point out to you that we only have four (4) members of this Board present tonight, the fifth member is in Fisher' s Island. We did speak to him and he did not come over, he opted not to come over because of the weather. We felt very happy about that, because the weather was very poor tonight. So we will do the best we possibly can for you to get a decision for you as quickly as possible. GEORGE STORMS: You made a decision in the first case. CHAIRMAN GOEHRINGER: That is highly irregular, I never do that. I only do that because the fellow had the building on the trailer and he wants to get it. . . . GEORGE STORMS: Well we have a fence on the ground too. CHAIRMAN GOEHRINGER: I know. As I said I don't have a particular problem. I would have liked to seen it scalloped. That is neither here or there. . It is there. There is nothing I can do with it. GEORGE STORMS: I really don' t think that detracts from the beauty. CHAIRMAN GOEHRINGER: My problem is causing the precident and that is what the whole issue is there. One of the main concerns I have is, I did not write the Zoning Code, the Zoning Code is there and it is in place and there are time when I certainly don't agree with certain things that are in it. Alright. In this particular case, I agree with this particular issue. I can sympathize with you and I understand your problem _and I understand your right to privacy and I really, really, sincerely. GEORGE STORMS: We just want to make it clear that we did not put this up with the intention of violating the code. It was done in all innocence. By the contractor from out of the area. Only for the basis of protection of the community. Not realizing quite frankly that we call our back yard is considered front yard area, that .was .the one part of the situation that we weren't privy to, so as a result, it was an innocent mistake. I would just as soon have the whole thing four (4) feet or five (5) feet, but it still would not give us the protection and privacy that I think we are entitled to. Page 7 Public Hearing--George Storms Southold Z .B.A. . 1/23/92 CHAIRMAN GOEHRINGER: Well you have a real beautiful spot there, there is no question about it. We will do the best we can for you and we will discuss amongst ourselves in, '.open deliberation after this hearing, assuming that we don'.t go any later than 10 or 11: 00 p.m. If we do, we will have a decsion for you in a week or so. Maybe not be before you leave, but you are welcomed to call us during the time that you are away or whatever the situation is. We will do the best we can for you. Thank you very much. Have a nice trip home. Having no further comment I make a motion to close this hearing, holding the decision until later. MEMBER GRIGONIS: Second ALL IN FAVOR -- AYE. By Lorraine A. Miller (Transcribed by tapes recorded by me on 1/23/92) Paget' 8 PUblic Hearing--Southold ZBA January 23, 1992 Appeal # 4075 Applicant (s) : Michael Herbert Location of Property: 795 Pike Street, Mattituck, NY County Tax Map# 1000-140-2-23 The Chairman opened the hearing at 8: 00 pm. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the site plan of the property indicating the size of the parcel, existing house as it exists, or has seen it in prior applications, not in its present form and a copy of the Suffolk County TAx Map indicating this and surrounding property .in the area. Miss Ongioni would you like to be heard? MARIE ONGIONI: Yes sir. Good evening Mr. Chairman and members of the Board. I am Marie Ongioni with offices at 218 Front Street in Greenport, I am here on behalf of Michael Herbert in his .application to do something that is rather unique. I think that there may be a little bit of confusion about what he would like to do or perhaps some questions that I hope I am able to answer all of those questions for you tonight. This house is now three (3) family house. There are two (2) duplex apartments and one (1) apartment which is contained entirely on the first floor. Does the Board have a copy of the site plan of the interior of the house? CHAIRMAN GOEHRINGER: Yes. I don't understand it so we are going to have to come over and look at it. MS. ONGIONI : Okay. Would you like me to come up and explain it to you now? CHAIRMAN GOEHRINGER: Sure you can attempt to Marie, but I think we' re still going to have to do a physical inspection. MS. ONGIONI: Let me just explain it to you. There is one duple!-_ apart- ment that has a front room on Pike Street. The main level of the house has a room which is 14 x 15 right off the front porch on Pike Street. Now that is part!:of: Mr. Herbert' s apartment. The rest of his apartment is on the second floor and it consists of a bedroom, a living room and several other rooms. What Mr. Herbert would like to do is use a portion of that particular apartment for a real estate management business. It is not a _retail real estate sales office. He does not plan to conduct any sales. He will be managing properties and renting properties. He will not be conducting any sales. Most of the work will be will be by telephone and also with off-site appointments at the apartments that he will be renting. There will be very little access of the public to that office. It will be primarily telephone work and record keeping. Now he proposes to use either the room that I have just described to you, which is off the porch or there is another room_ at the rear of the property which right now is not used for anything. It is designated at the rear of the main floor. It is designated as the summer kitchen. It is 11 x 13 and has a separate en- trance. Does the Board see that on its plans? Okay. What Mr. Herbert would like to do it use either of those spaces for a home office. It is He .is before this Board for permission to do so. ,Page 9 Public Hearing--Michael Herbert Southold ZBA -- 1/23/92 ONGIONI Con' t: Actually I'm sure there are many people who live in Southold Town who conduct. this :type of business from their home and don' t seek permission of any governmental unit. They just conduct their busi- ness. No one knows about it. Mr Herbert, instead of doing so, has been upfront about it. And he has applied to the Board permission to do so. He does not intend to have, as I say the public come to the office. It is going to be telephone work. There won' t be any increase of traffic on the street, there won' t be any increase of pedestrian traffic, there won' t be any increase of governmental services that will be required because of this variance. In essence the use of the property is going to remain the same. It is going to continue as a residential structure. He is just going to be doing a little bit of work from his home. And given the nature of the economy of today, from an economic standpoint, it' s going to be more difficult for him if he needs to conduct the business from another location. I have a memo prepared for the Board to review, which I would like to submit at this time. I have a copy for each Board member, as well as for the Secretary. Does the Board have any questions? CHAIRMAN GOEHRINGER: We, of course, granted the ,use of Mr. Herbert to create two :(2) apartments and a manager' s quarters. We haven' t seen those apartments and I am- going to recommend to the Board that we give Mike a two (2) week period to make an appointment with his tenants. We can meet over there some Saturday morning .and go through the place. You know at a reasonable time, not too early, not too late. And he can,.explain use of either of the two sites to us. My only question. is what about advertising externally on the building for this new business? MARIE ONGIONI : Well, I think, he was intending to put a sign up. A small sign on the outside of the building that would just read community. rentals. Community rentals or community property management. MICHAEL HERBERT: Or I would propose to put my sign up just reading "Micheal Herbert Real Estate Broker" . Because I don' t really want to attrack off-the-street traffic, because most of the people I take out to see properties, I screen them over the telephone prior to even meeting them. So I don' t want to encourage anyone coming off the street knocking on my door. So I would even just as well be very happy to put a sign on my post, just identify myself as Michael Herbert Real Estate Broker. Even if the Board feels that community rentals may even attact business off the street, that is absolutely not what I meant. CHAIRMAN GOEHRINGER: Okay MARIE ONGIONI: It is going to be a self-contained business with no visability. The district is zoned Hamlet Business. So this were not a residential structure, he would be allowed to conduct this business from the site. It is a very unique situation and I would aski the Board to think long and hard about it because it' s Hamlet Business, the Fire Department is right across the street from the house. I understand the Fire Department may be expanding, I understand they have acquired a couple of properties in the area. This in no way will detract from the area, change the adjacent property owners and for all intensive purposes the building will remain entirely the same. My memo contains the law on the matter and you are all very familiar with the landmark case and I have analyzed that and compared it to the facts and this Application. And I Pagerl0 Public Hearing--Michael Herbert Souhtold ZBA 1/23/92 ONGIONI Con't: respectfully request that you take a real hard look at this, because it is a unique situation for Mr. Herbert. He has a very good tract record. He had the Bed and Breakfast for four and one-half (42-) years. And I understand that that was explimentary. He now has a three , (3) family house and that has been run very effectively and successfully. And I understand that the original tenants are still in the building. Based on this own tract record, you can rest assured that this in no will be a discredit.'-to the community. CHAIRMAN GOEHRINGER: We had asked the Building Inspector for a comment on this particular case. Do you have a copy of it? MS. ONGIONI: Yes. Linda gave it to me as I was coming in tonight. CHAIRMAN GOEHRINGER: Okay. That is my next question to Mr. Herbert. I don' t know if any neighbors are in attendance tonight, but have any neighbors voiced a negative opinion toward either you or your tenants concerning this three (3) family house? MICHAEL HERBERT: No. CHAIRMAN GOEHRINGER: Again I refer to it as two (2) families and a managers quarters. MICHAEL HERBERT: No. Not at all. CHAIRMAN GOEHRINGER: No. You had relativily good communication with the neighbors? I know that they have been there for many years on both sides. MICHAEL HERBERT: Yes. There has never been any difficulty between- my- self and my neighbors. And I even address the letter to both of my neighbors making them aware of what my intentions were. And which is being clearly stated specifically what we said tonight. CHAIRMAN GOEHRINGER: My second request is that, of course, of coming over and physically visiting the site. Do you have any problems with that? MICHAEL HERBERT: No. Not at all. CHAIRMAN GOEHRINGER: Okay. I did ask Mr. Dinizio if he was available this weekend and he told me he was not available this Saturday. I don' t know what the story is with next Saturday. Are you available? MEMBER DINIZIO: That' s fine. CHAIRMAN GOEHRINGER: Next Saturday is okay? Let' s say 10 ish or so. MICHAEL HERBERT: 10:: 0 0:',.: will. be fine. CHAIRMAN GEOHRINGER: Okay. Would you let us know if you can' t make it or if there is any change during the week please. Page .11 Public. Hearing--Michael Herbert Southold ZBA 1/23/92 MICHAEL HERBERT: Yes. CHAIRMAN GOEHRINGER: Thank you MS. ONGIONI: I would like to take a closer look at the comments of Mr. . L:essard and if necessary I would like to make an additional sub- mission to the Board. CHAIRMAN GOEHRINGER: Well certainly, because we are going to recess it. MS. ONGIONI: You are not going to close the meeting. CHAIRMAN GOEHRINGER: I am not going to close the meeting. No. It wouldn' t be unfair for you to have to comment on this matter in thirty (30) seconds before the meeting. MS ONGIONI: Thank you, I appreciate it your courtesy. CHAIRMAN GOEHRINGER: Hearing no further. comment, oh I:'m sorry. Is there anybody else who would like to speak either for or against this application? Okay. Seeing no hands I make a motion recessing this to the next regular scheduled meeting. MEMBER GRIGONIS: Second All in favor - Aye. bY—�� .F.l���►c e� ..d -- fit Lorraine A. Miller (Transcribed by tapes recorded by me on 1/23/92) Page 12 Public Hearing--Ethel Betz Southold ZBA 1/23/92 Appeal # 4047 Applicant (s) : Ethel H. Betz Location of property: Calves Neck Road, Southold, NY County Tax Map #: 1000-63-7-34 and 35 CHAIRMAN GOEHRINGER: We will ask Mr. Bruer is there anything else he would like to add to the record prior. I know that he did not ask for the postponement. MR. BRUER: The postponement. was I guess requested by a party or parties . who couldn' t hav6=been here the last time. -,I just would like to state that I believe that since that meeting I have forwarded to you correspondence to answer your. questions relative to the age of Mrs. Betz and her medical care. That I believe is part of the record? There was a letter forwarded to me from Ms. Norstrom, which I believe I responded to by way of forward- ing to her the correspondence I sent to this Board. I would think that maybe at this point I would let anybody here that didn' t get a chance to speak the last time to speak and then maybe I could answer any of their questions. I do have some additional material I would like to submit. But wait til that point. CHAIRMAN GOEHRINGER: Thank you Mr. Br.uer. Is there anybody who would like to speak in behalf or against this application? Yes maam. Could you state your name for the record? CLARA BJERKNES: I own the property directly to the west of the parcel which is under consideration. First of all, I would like to thank the Board for deferring the hearing and thank you and your staff for the help I received in finding out just what this was all about. CHAIRMAN GOEHRINGER: Could I just ask you. That mike sounds like it is off. Oh it is on. Okay. Great. MS. BJERKNES: It' s me. As I told you in my letter I 'm greatly purterbed about the proposed separation as it was plotted. It allows for no side yard allowance as it' s drawn there for the west side of the house on lot # 35. Not only it makes for an awkward angle for the driveway; but what would the new owner conceivably do in order to repoint the bay windows, mow the lawn, shovel snow, etc. He would have to tresspass on the land of the property next door. I 'm lot number 34 , there is no well-pit which contains emergency generator for the house. And that is included in the area that is called a building envelopes on lot # 34 . So what happens to that? Even more disturbing to me is that; the �;ize_is and .. 68 acres respectively-.; for 34 and 35. For a number of years the Town, the State, the County. have all been advocating upzoning. A few years ago, the zoning in the area was two (2) acres. It' s now R-40 low Density one (1) acre. Combined two parcels is on the tax map a--.total of 1. 2 acreaF, to. it falls within the residential, but it certainly does not fall within small size lot. The Suffolk County Planning Board overwhelmingly disapproved this separation, ten (10) negative, one (1) absent. Citing substandard lot size. Great hardship is difficult to see how this separation could be helpful. Separation of the vacant lot could well serve to depress the value of lot # 35. That contains a large beautiful brick house and a very attractive setting. And particularly so, no side allowances to be allowed on that house parcel. To redraw the 0 Page Public Hearing--Ethel Betz Southold ZBA 1/23/92 . MS. BJERKNES con' t: separation line to allow for a side yard, number 34 would be even smaller. That might make it diffifc.ult to build.;. a house on it, since the lot considekablyJ ,slopes towards the north, towards the water. In all probably if the lots were separated, the vacant one would be sold first, having a lower price tag and carrying a lower carrying cost. That would well leave Mrs. Betz with the problem of -.an ,expensive property made more difficult to sell. Particulary in today' s market. Everything in the appeal seems to make Mrs. Betz dependent on the sale alone, which raises a question, are there no other funds available to her? And not only would the separation might well be determental to Mrs. Betz but also set an unfortunate president. There are a number of parcels in the area for which separation could be sought. In view of all this , I want the Board to deny the variance. Thank you. CHAIRMAN GOEHRINGER: Thank you. Anybody else like to speak either for or against this application. Any question you would like to answer Mr. Bruer. MR. BRUER: Yes Mr. Goehringer. I believe the Board has: in its,.-.possession the copy of 'the map which has the Suffolk County Health Dept. approval of the division. I think that speaks for itself with respect to the Health Dept' s position with respect to this property. With that survey showing that division does show and it is the survey that shows the building envelope on the property, just in case it' s not readily available to the Board, I made some additional copies. This is of, the lot itself, and this is of overall survey from which it came. I think the Board should also keep into mind that this lot along with the other lots that are created there or there, were done prior to zoning. The reason that you have one lot here is because the Betz ' s were unknowledg- able of single separate ownership. They were not cognisent of the effects of merger, which is what happened here. It was done as was argued earlier and. not to belabor the point, done by zoning in the merger of it. The Betz ' s have always thought, and I can say that Town Tax Assessor, has always kept this as separate properties. And the Betz ' s have in their minds always believed that they have had two separate lots here. I believe it is very critical here to point out the arguments and the statements of Mr. Cooper who is a licensed real estate person. Who testified before the Board with respect to the relative value of the property as attached and as unattached. Mr. Cooper has given me assurances today and I can deliver that to the Board , assurances that he has a: prospective buyer for the lot in the approximate range of $200 ,000 . 00 value. It is to be pointed out that he felt that he could never recoop that value of this property as attached to the house. I am aware of the concerns of the prior speaker and I feel that she is being somewhat selfish, knowing that the property if this petition is denied, just increases her side yard or,�'the(_unusability of a neighbors property to her benefit, at least she hopes so. and I will not dwell on that. With respect to other neighbors in the area, I would like to submit an additional petition in addition to the one that was submitted at the last meeting with an additional ten (10) signatures. (Change tapes) Pgge:_14 PUblic Hearing--Ethel Betz Southold ZBA--1/23/92 MR. BRUER con' t. : There is no .problem by the way of the owner of the house getting access to the side of his property. He can always if necessary go around the east side of his house to that, there is plenty of room to get there and there is plenty of room to walk between the new property that is divided and the present house:, I don' t think there is any problem there. Just to answer some of the questions that were raised, the well-pit I don' t think should be of the concern of the neighbor. It is done for the convenience of the owner, it was done for the convenience of the Betz ' s< and its availability to the main house I'.don' t think should be a concern of the Board' s at this time. CHAIRMAN GOEHRINGER: The house is serviced by Town water is that correct? MR. BRUER: That.- is correct. That is why the Health Dept. has granted this. Also from that map I submitted, you can see the contours of the property. The elevations are quite high where the building envelope would be and would not be infringing that much, if at all on the bluff. I don' t think the Board wants me to get into the material. that .was in the correspondence, unless they have any questions from me. CHAIRMAN GOEHRINGER: I want to apologize for this Mr. Bruer, at the last hearing I wasn' t feeling to well, I could have asked you this question, you have got plenty of time to do it, because I don' t think we are going to make a decision for at. least two weeks. on this application but, could you please give us an idea, Calves Neck is a .Penninsul-a, so to speak alright, from the portio.Li of which_- starts _ at Youngs Avenue and goes all the way around the loop. I am not interested in the interior lots. Could you just give us an indication on how many houses are built on single lots in that area. It is nothing you have to do tonight, within the next week or two could .you put that together for us and. . . MR. BRUER: Yes. I believe you have a copy of the tax map and I think. . . CHAIRMAN GOEHRINGER: It only goes half way. I don' t. think we have the rest of it. I just meant the entire loop all the way around on the water side. MR. BRUER: All the way around on both sides of the penninsula? CHAIRMAN GOEHRINGER: Yea. Just give me an idea of how many houses are built on single lots in that area. That would be very helpful to us. MR. BRUER: On the water side? CHAIRMAN GOEHRINGER: On the water side. MR. BRUER: Starting from where Mr. Benson is over there on Terry, All the way around . CHAIRMAN GOEHRINGER: All the way around. Yea. I apologize I could have asked you for this on December 16 , 1991 . I didn' t ask you. I forgot to ask you and that is why you got plenty of time to give it to us. . If you couldn' t just put that together. Page '5 Public Hearing--Ether Betz Southold ZBA--1/23/92 MR. BRUER: I think this lot and maybe one other is the only thing that is not built on, on that side on Town Creek. And I think there is only, off the top of my head, only two (2) other side, but I would have to verify that. . . CHAIRMAN GOEHRINGER: I apologize again. I could have asked you that on December 16 , 1991. Alright. But since we are not going to be entertaining this in the way of a decision tonight, it will be a need of this Board to have a special meeting in approximately two (2) weeks for another matter. . MR. BRUER: Do this. by way of a letter? CHAIRMAN GOEHRINGER: Yes. I thank you very very much. Is there anybody else who would like to speak in behalf of this application? MR. BRUER: By the way, I would like to say that Mr. Herb is unavail- able, and I think he informed the Board. CHAIRMAN GOEHRINGER: Yea, He did. Right. Thank you. MR. BRUER: Thank you very..much. CHAIRMAN GOEHRINGER: Hearing no further comment, I will make a motion closing the hearing upon the receipt of the information that was requested of the attorney, Mr. Rudolph Bruer and the hearing is officially closed and we are just requesting that information from him. I make a motion granting. MEMBER GRIGONIS: Seconded. All i favor - AYE. CHAIRMAN GOEHRINGER: Thank you all for coming in. Have a safe trip home. by ��� Lorraine A. Miller E >yIV -g,-i >T�� (Transcribed by tapes recorded by me e .. , fa ���. ,� on 1/23/92) T11E SOUi1�C,ILD iOV I1 CAM-1,K . X 1 !m Town .Clerk, own o "Soul` _`_. .__--