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HomeMy WebLinkAboutZBA-03/02/1994 HEARING PUBLIC HEARING BOARD OF ZONING.APPEALS.. Town of Southold March-2, 1994 (7:30. p.m. Hearings Commenced) P r e �s e n t HON. GERARD.P. GOEHRINGER, Chairman JAMES DINIZI.O, 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, 1994 Regular-. Meeting I N D E X PUBLIC HEARINGS March 2, 1994 APPLICATIONS Pages No. 4215 - GEORGE -KRISS . . . . . . . . . . . 3- 7 No. 4216 - LIEB-VINEYARD, INC. .. . . . . . . . . . . . 8-12 '. No. 4217 - THOMAS PULS and DONNA .RICCO. . . . . . . 13-18 No. 4218 -- JOHN E. STRIPP and-JUDITH- D. STRIPP. . . .19 No. 4219 - DIANE HARKOFF . . . . . . . . . . . . . . 20-22 No. 4213 - IRWI•N •and-AGNES FRICK . . . . . . . . . . . 23-29 No. 4161 - BARBARA KUJAWSKI . . . . . . . . . . . . 30 Southold .Town Board of, Appeals 3 March 2, 1994 Regular-. Meeting 7:30..p.m. Appl:. No. 4215 - GEORGE KRISS: A variance is requested from: Article .XXIV, Section 100-24413 -of•-the-Southold.:Town Zoning- Ordinance:for permission to construct- addition with. reduced (.southwesterly) side .yard setback, and -reduced dotal. side yards:at.-less--.than the required. 25 ft., Location of. Property: 420 Bayer, Road, Mattituck, NY; County Tax. Map, Parcel- No.. 1000-139-3-21 . The .subject premises. is a substandard--lot -containing less than- 20,000 sq.. ft. in area.. The Chairman read.:the:-Legal-- Notice of- Hearing- for therecord; and application. THE CHAIRMAN: A copy of-the building plans- are sketched. out; copy of survey for the specific addition-- requested on that: southwesterly side; and the survey provides. date of. April 3rd, 1984, with. the pending.area; which is to, be the addition or the proposed- addition to the- house;- which conforms,to....the overall- width of. the- house; and I have a .copy of-the Suffolk County -Tax-Map. indicating this and surrounding proper-ties,-,in. the area.. Is .there someone- who would .like to be heard? Are you Mr. Kriss? MR. KRISS: Yes-. THE CHAIRMAN: Oh', how.,ar..e:you? MR. KRISS: How.ar..e you,. sir? THE CHAIRMAN: I think I was the only gentleman who. didn't ,meet .you. MR. KRISS: Okay. May 1 just bring this-to. you? THE CHAIRMAN: Surely. MR. KRISS: You .requested pictures, so I brought the pictures- of- the house here. I incorporated my father --This extension is for my dad: He is 93 years old:; and .no matter when you go to visit him, he is in that chair. You know, and he is Southold Town Board•of. Appeals 4- March 2, 1994 , Regular. Meeting just failing- to the point now that --He is doing extremely-well,for- himself, and:we have tried. to. get him to_ come with us for any number. of years- now, but now. he- has just come-to.. the :point that-he -needs help; and.we need•.hel:p. So may- P THE CHAIRMAN: Surely. The approximate size of the:-addition is :-- MR: KRISS: It is 22 by 12. Twelve feet- is the minimum that- we feel- that we can get away.-with. When we Aalk.to. some of the- contractors and .all, they encouraged--us-to.ask-..for fourteen -or- something, like that; and.-then you .can negotiate;, but we--are right up-- front. We need-.12 .feet for. him. He, has.:-certain pieces of -furniture and things that- he has told. us; "Listen; if I can't bring these things that are important to.....me; I am. not coming." So- we- .have--.figured. it out and .we need this 12 feet for himr to. come. He just cannot-take care of himsetU anymore. THE CHAIRMAN: I understand. MR. KRISS (continuing): On top of that, a.few-.years--ago I had a heart attack, and, I am trying to_ plop, both ways, and--it has taken a toll on me: also. THE CHAIRMAN: Where does- he live? MR. KRISS: He lives in Bay Shore. MEMBER--DI-N IZIO: Is this-going to.. be like a .living-.room for-him? MR: KRISS: It is one- room, there is no plumbing...in, it or anything-- It is just one- room which will be- a :combination sitting -room or living- room and. a .bedr-oom for him.. We already have- a .bathroom downstairs that he could .use, so. that is not a problem.. The only plumbing, we- are really -going to. need in there is heating .for. the extension. THE CHAIRMAN: And it will be crawl: space-? MR. KRISS: Full basement. Southold Town Board -of. Appeals 5 March 2, 1994 Regular. Meeting THE CHAIRMAN: Full basement, good. I don't have any specific questions. Let's see if the other Board members do. Do you have any other questions? Bob? MEMBER- VILLA: Is this going to be single-story? MR. KRISS: Yes. There is an over-hang --- THE CHAIRMAN Yes, I have a :copy of- it right here. MR. KRISS: There is an overhang.-there; and--what- we-.are goi.ng..to,-do is..just extend this so this will extend the. 12 feet -from the-house now; and it is -single story. THE;CHAIRMAN: It is 'goingi to. be the- same>size asr the first- story of- the house; you are not extending-it out past the.cantilever. on:the back- of the house? MR: KRISS: No. No. THE CHAIRMAN: So the back of-the house--is going:-to be completely even? MR. KRISS: Yes, that is correct. THE CHAIRMAN: Actually it will probably- look very nice. MR. KRISS:- Yes, we expect so. We have here, we are putting- -The front of: the house is not, going.-to. .come­flush with the front here (indicating) so he can have a :little sitting space there also-, and of course then: this- will go_over the small- porch or patio -there, whatever you call it. THE CHAIRMAN: Good, wonderful. MR. KRISS: We really need to. have him come:-with- us.. He -needs help. We need help. THE CHAIRMAN: We will all need help to. get- home-tonight (snowstorm). Do you gentlemen. have any questions -of Mr. Kriss? BOARD MEMBERS: No. Southold Town Board-of-Appeals 6 March 2, 1994 Regular- Meeting MEMBER VILLA: Actually, the Code--calls for-ten and _fifteen; right? So .you will have -ten, twelve sand- nine=. THE CHAIRMAN:, Yeah-: MEMBER-VILLA: . So you only need a .skip.of two feet. THE CHAIRMAN: I don't know =if we will make a decision. right now-or-if we will wait until the end .of the meeting. You are welcome to. hang around if you'd-like.like to. MR. KRISS: If there is -a -chance that--you will make a .decision, wWd. like to know- Thank- you. THE CHAIRMAN: Thank you. Is there anybody else who .would .like to. speak= in behalf-of-this application? (There was no response.:) THE_CHAIRMAN: Anybody who would..like -to: speak-against- the application? (There was no.-response; ) THE CHAIRMAN: Seeing no -hands; I make a motion- closing..the- hearing and reserving decision until later-. MEMBER -VILLA: Question. Why don't we- just- act on it now? THE CHAIRMAN: Well, the-.only reason why, was- because:. --I don't know if you wanted. to go along..-with the restrictions --I have no problems, with that. The only restriction I have- is that the-side yards be, you know; no further restricted: MEMBER--VILLA: Ten feet? THE CHAIRMAN: Well, no; we are 12.9 on- one side, and we are,ten feet on the other--, 9.2. These houses are relatively close,,down= there,: as we had seen, so that is the reason why. Southold. Town Board of- Appeals 7 March 2, 1994 Regular. Meeting MR. KRISS: There are homes-in the area that'are much closer, than:the 10� feet. THE CHAIRMAN That is what--1 am concerned-about: I have been a fireman down- there for. 26 years, and that is why we-.want to. -- BOARD. CLERK: Be restricting to.ten feet on that side:and .12.9 on -the other; twelve-and-a-half; whatever it is. THE. CHAIRMAN: Okay. Is that all right with you, Bob:? MEMBER:VILLA: Yes. THE CHAIRMAN: Do you want to make the-motion? MEMBER- VILLA: Why not? Yes. (Motion, made and,seconded; see; Clerk's record-;) THE- CHAIRMAN:- It is -done; all- we have to-do: is reduce it to. writing.. Take probably about a business- day. You are going to..have to_do:,a permit for the Building Department. MR. KRISS-: Then I have Ao. wait for your- paper work to come, THE CHAIRMAN: Yes. You can mention it to Mr•. Fisher, that it was approved. CLERK-ASSISTANT: I will tell him-tomorrow; I will give him the list. MR. KRISS: Thank you. THE CHAIRMAN You are very welcome: Have a :lovely evening_ MR-. KRISS: Thank -you. Southold- Town Board of Appeals 8: March 2, 1994 Regular- Meeting 7:35 p.m. Appl No 421.6 ._- LIEB: VINEYARD, INC. A-variance zis requested from Article I11, Section -100-33 :of-the:.Southold.:Town Zoning Ordinance for permission to.. locate .swimming pool and .caban r_.within-a .fence. enclosure, situated- in an area--other than the' required-:rear yard. Location of Property: 14990 Oregon Road, Cutchogue NY; County Tax Map Parcel- No. 1000-84-01-02 .(now Lot #4.4). Zone District:: A-C. The. Chairman read-the-Legal:.Notice of Hearing.for the record, and :application. THE CHAIRMAN: I have-.a .copy of the original:survey- that was -before us, of the 4.07.09 acres; as. we •dealt with it when it came--before us•.:for. the other activity that -we dealt with on this-application. It was:-again submitted by --surveyed by Smith 8 -Young,_ dated- August-24, 1992. The reposition ing=-of-the swimming.-pool is northwesterly from the house, rather. than somewhat .parallel.perpendicular: to, the original house--which it was planned to. be placed,. Placessit in the sideyard- area, and I assume that. is the reason why we are here; and =a .copy of the Suffolk--County Tax, -Map indicating-this-and. surrounding-:properties- in the. area-. I have-been, down to the site --great spot--. Is someone here for the applicant? How.are .-you- tonight; sir? Appearance.:_ Garrett Strang, R A., for the Applicant. MR-.. STRANG: Yes. I am- fine, thank you. Yourself? THE CHAIRMAN: Good, thank you. Just state. your..-name, Garrett, for the record - Southold Town Board -of. Appeals 9 March 2, 1994 Regular Meeting MR: STRANG: Garrett Strang, Architect, representing.-Lieb. Vineyard -in this application: As the.Board -is well aware, we did=seek and .were granted, a variance about -a year and :a :half•or- a year ago with respect--to. this •pool- and=-cabana, That was early on in- the project when we were in the -design- phase... Since.-we-have obviously moved beyond.-the>design- phase-and are-under construction.and.: have-:had one of.. the harshest winters in• recent memory; it became-,evident that, our.- original proposed. location of. the pool- was. in an area which seems--to- collect runoff when the. ground is frozen., and -there is a :fair amount-of. water- that collects- in- that: area. We thought this through and it became evident --that-we-felt that maybe that wasn't-the best location for the- pool: In addition to. that, actually, there was.-a :consideration that the way the house- is :oriented. and the-fact that the family have two young children, that- if the pool were shifted to the location where we-are presently proposing, it would allow the backyard.-play area for the children which would be readily visible from both areas.-of the: house, living, dining and kitchen areas: of- the house. But that was secondary to. the fact that the- lay of- the land -was- such that we felt that. we may be compromising the structural-integrity of the pool putting it in an area of pocket, so to. speak, that collects water. We felt. -that the placement or new-_placement really was.-still within the spirit of the-ordinance and_the: previously granted variances. in that the accessory building is still further- into the- front yard area, if you .will, than the pool and cabana will be; so. that, as.: shown on the sur.-vey, this particular, location does fall between the accessory -building and the principal building-.on the-site, so we-haven't encroached, if you will, any further- at. all: into the front yard -area that was established when the-accessory building was- built: Southold Town Board of Appeals 10 March 2, 1994 Regular. Meeting Other than that, I think the application- is pretty straightforward, and- wi l answer any questions the- Board _may have. THE CHAIRMAN: There is no intention at any time to.. actually enclose this-and making a full structure around it, is -there, to_ your. knowledge? MR-. STRANG: None-at all-. None at- all. This is strictly a .seasonal pool for summer use; and-there is no intention to -enclose it at- all. THE CHAIRMAN: Okay: The actual: elevation- of the-pool above-grade- at this particular- time and-the elevation-of the decks, what- would-,you say-the- total elevation- would-be? MR. STRANG: Well, the grade is going:to-.be, the pool- and the.-terrace. around-it, which will be a stone -terrace, not a wooden-deck but a stone terrace-- will be as close a& practicable to- grade, taking into consideration the lay of the land and the flow of- surface waters when it rains and freezing. conditions, but that we would necessarily take in the-spoils from the excavation of the pool and spread them out around the pool area- so- it would be basically at grade-and not necessarily elevated but adequately, say, for the scope of what- we.-have found to, be the standing water that collects on the property in- storm conditions. THE CHAIRMAN: Okay. Gentlemen? Rich? MEMBER=WILTON: The question was, I'm- not really familiar with the land to the west. Were the development rights bought on-that; for Spectacle-Ridge? MR. STRANG: Well, basically, Spectacle. Ridge and Lieb Vineyard are the same entity. That was the previous name-of. the reorganized- and. the name-at. this time is Lieb: Vineyard. Spectacle Ridge is -no longer in existence.. Southold .Town Board of Appeals 11 March 2, 1994 Regular Meeting MEMBER WILTON: Okay; but that property to .the west --Did the Town buy the development -rights on. that? MR. STRANG: Yes. The Town has; as.. far as.: know; they are either --I don't know if that has been-completed- to my knowledge-- I haven't really followed..up on that, but I knowAhat~-it was to. occur- Whether- it -has- been,-consummated•:or ;not, the Town was:-in contract to, buy the development--rights; but everything except four-acre-area that this--development sits on. or.-close to 4 -acres 160,000 feet, believe. THE CHAIRMAN: Jim, Bob -- questions-? MEMBER:VI•LLA: I don't have too much of a -pr..oblem-, with: it, except I find that, you.-know; one of, the- reasons -for it is the drainage--is-sort of hard -to buy when you look -at- the fact- that., if you look at the--elevations s om the sidelines, which are over: 500-feet -long; and elevation is-102 on. the front,- on Oregon..Road..:it is a hundred or--ninety-nine point four. There is only like -a two-foot-difference in over 500.feet. It would-..mean., I would think -that probably-a lot -of-,-flooding- is.-taking place because,.,of-construction- problems- more than anything .else. I just-find ithat argument -a .little- hard to. buy with that kind-.of terrain. MR. STRANG: The area shown in, this-map is not- in: entirety the entire vineyard, and-the land rises -as you go. to- the south and -to-the west, which --unfortunately, this is not -a survey of the entire vineyard--but only: of the area that we are discussing; and -one of. the reasons that. this 'area was.. developed. on the site with a residential purpose--was because.--of the fact that there was difficulty in growing grape in- that: area, and it became- obvious why-that may -occur -- that the Southold Town Board of- Appeals 12 March 2, 1994 Regular Meeting water doesn't drain through as quickly as:--it does through=other parts of, the vineyard. MEMBER :VILLA: There ,isgoing. to_ be a =cabana -=with-.this pool as.•-well? MR. STRANG A cabana .with the pool, yes.- as,-thece was,>originatly proposed with the formers-location. THE CHAI-RMAN: What is.the cabana.:going�-to. contain again.; Gary? MR. STRANG: The cabana will contain storage-.area,. a ,convenience., toilet room, changing- room, and pool-equipment-area. THE CHAIRMAN: Okay. Let's see if there-is.anybody else= in- the audience. Thanks you. Anybody else who would like -to. speak- in favor of this application? (There was no. response..) THE CHAIRMAN: Anybody who would like to. speak against- the.,application? (There -was-no- response-. ) THE CHAIRMAN: Seeing no further. hands, any -further comments: from anyone?. No. Hearing no further- comments., I make=a :motion closing the hearing and reserving the- decision -until later.. (Seconded- and carried; see Clerk's Minutes. ) THE CHAIRMAN: Thank you, Garrett, for. coming..-in.. Safe home: MR-. STRANG: Thank :you very much. Same,to. you. Southold Town Board .of Appeals 13 March 2,. 1994 Regular Meeting 7:48 p.m. Apph. No. 4217 - THOMAS PULS and DONNA, RI,CCO.. A variance is requested:from- Article .111, Section 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; Cutchogue; NY; County Tax Map Parcel No. 1000-97-6-1 .2. Zone District: R-80 ResidentiaL.., The- subject- premises--is.-a substandard-lot. The Chairman read. the Legal Notice of Hearing,-for. the,,,record; and�ap:plication. THE CHAIRMAN: I have Application 4Z17 of. Briarcliff- Landscape; Inc., which indicates- a -rather extensive--.pool ands patio area -to.-be. constructed-- basically on the easterly side of. this residence on Eugene'-s Road.. We have seen stakes-and are somewhat- aware-in the--snow-,,of. what- exists there; and-what is proposed; and . I have a copy oU the Suffolk County Tax Map indicating..this-and surrounding properties in the area.. Is there anybody from Briarcliff? Hi, how•are you? Appearance.:: Neil Cichanowicz of Briarcliff- Landscaping, fora. Applicant. MR. CICHANOWICZ:. Yes. THE CHAIRMAN: Is there anything you would,like 1to, add- to. the hearing? MR: CICHANOWI_CZ No; I just- am here--to--answer.- any questions you. might have on-the site or work to-be done. THE CHAIRMAN: Okay; the only thing .that. concerns me at this time. is .that you are just in the-.process- of dealing with. the Trustees, and A assume some sort of application has been made-to..th.e DEC concerning-th.is,. okay. So what we would,like to do is hold it in abeyance until we get at least the Trustees' opinion on the site; and we will recess.:it for probably 45 days? Southold- Town Board of Appeals- 14 March 2, 1994 Regular, Meeting BOARD-CLERK: Usually takes 45 days. THE CHAIRMAN: About 45 days. Conceivably. you are not going to- be able-to build now- anyway; so it would makesense -to-have gall those.- MR. CICHANOW1,CZ: The Trustees' review-? BOARD-CLERK: And the State D.E.C. THE CHAIRMAN: And.we-wi.11 see what develops-throughout-th:e,_.�process. If there are any changes at-that time, then we :can incorporate.=those>changes-into. the hearing, and.-we,..will go from there. The planter-wall.- is.constructed, of.what? MR CICHANOWICZ:- CCA. THE CHAIRMAN: Like CCA landscape--ties basically? MR. CICHANOWICZ, Right, six-by-six -ties. THE CHAIRMAN: I don't have any specific.questions ,at th.is time. I will further go back and -.investigate it. It is. a =little difficult; Neil, at: this-time with al l of the snow.there. I was there,about=two weeks: ago, and it was really snow. I did appreciate the spray-paint. Some of the members didn't-see that. MEMB.ER=WILTON: What did. the two yellow stakes. represent? Were they corners or centers.? MR. CICHANOW1CZ: They -were all corners. MEMBER-WILTON: When I was there, there -were only -two stakes.. MR. CICHANOWICZ: They must have fallen-. I did- it a couple-weeks ago, and there was. a .lot more snow,. and_.I couldn't-get any stakes-in the ground-.. THE CHAIRMAN: I saw all: the stakes There was no- problem, and I saw the spray-paint. It was.. really great; that orange-spray-paint came- up great,against- the white snow-.,, Does anybody have- any questions-of Neil- while.-he- is here? Southold Town Board of-Appeals- 15 March 2, 1994 Regular Meeting MEMBER- VILLA- The only question I have---I am sorry-- is on the berm height in the front. There -is a berm requirement -of, four feet,- and. they -are exceeding it. Town Code says -berms shah be only- 4 feet, and .you. have got almost five-and-a-half feet- in the front -- 40 yards on one,side.and (inaudible) the other side- and. elevation raised to 12 and -12.8. MR-. CICHANOW-ICZ: There-is-berms there =now; I know.that-. They exceed what- is allowed.as: well. I believe. on the other:. page-there is- berm heights listed that are Tat four feet. MEMBER VILLA. So what-.are you going. to. do, scale them down? MR. CICHANOWICZ:. --They are not going- to. be;-made:any higher than the berms.-are now.: They are just going to be moved. because. the,driveway-entrance. area is going. to. slide over a .little bit; so: what they, are going:to, do-is -extend.-,it places: MEMBER -VILLA: That--brings a .question, Jerry. Are we going to. address,-the existing berms -in- this, or are we going to close,our eyes? THE CLERK: We-can't. We have to advertise.; he-has-to. apply separately- for berms. MEMBER NILLA: Well, that is part of- the :plan. THE CLERK: Well, then you wi-Il have to- restrict- him. to four feet -until he comes back, right? MEMBER DINIZIO: I think.-what Bob is saying, that.-they exceed four- feet now, Southold Town Board of Appeals 16 March 2, 1994 Regular.. Meeting f THE CLERK: Yeah, but in our decision-we-would have to have-him cut it.-back to -feet unless he .came back. with another application to_. exceed- the-4 feet. MEMBER_VI LLA: Well it is an item that~has to be-addressed- there: THE CHAIRMAN: Well, the only concerry is if there-As a zC.O. on. the property at this-time. The Building Inspector.. did-not: indicate that there was-a .violation of those berms-as-:they exist. So they-exist. Okay-. How-they-got there-As not necessarily this gentleman's--concern. He is coming...in with --in fact, he is going-to manipulate those-berms---not., to.. exceed. 4 feet in thearea- he- is -going-to. be dealing with. MEMBER VILLA: Well, my question to. you was: Are we going -to, address- the berm height or.- not? THE CHAIRMAN-: No; we can send- a .note to. the-,Building Inspector indicating to him-a .short memo that in this-application we-did-:in.dicate. that the berms_ were higher.-than they- should- exist. MEMB rER-VILLA: --or a -condition,for a :decision-: THE CLERK: That's .right; you .could -do--it two ways: THE .CHAIRMAN: You .could -do it two ways. WWII inform,they.ar--e higher and that- they exist higher at.-this particular,time, and.-is that a .part of_ the normal overall- plan- in reviewing-:the situation, that, possibly, --if he thinks they -are higher than 4 -feet, then maybe they should be addressed in- the variance. procedure. THE CLERK: But it would: have to, be applied for separately, that we could advertise-it separately, and take it from there. THE _CHAI.RMAN: Sure. THE CLERK: But it really is a .separate.application. Southold Town Board of- Appeals- 17 March 2, 1994 Regular, Meeting THE CHAIRMAN:- When we-re-advertise we could indicate .that; if he--so indicates. that there -is a .need for it. THE CLERK: That's- right. THE CHAIRMAN: Okay: Neil, what we-are trying to- do is-- MR. CICHANOW-ICZ (interposing): If what we, are going to. do. is to. build higher than 4 feet, it doesn't -address existing, does-it? THE CLERK: Isn't the .berm- there-now? THE CHAIRMAN: Yeah, Mr. Villa is referring to. the fact that- the berms=now exceed 4 feet, okay; and .you are telling us, that: you -are not-goi.ng to.. exceed. 4 -feet with any manipulation of--a berm, that you, are going---to-.be deal-ing with and changing the driveway procedure or whatever the case:,might -be, so, you .know; we will determine--through the -Building Inspector if the:-berms =are legal or-- if they-are not legal andthen --What we- are trying -to, do is encompass--everything..into, one nice neat package--so. that- when you-go in- there, if we do approve-this, with your equipment, that everything. is done-at. one time, and .that is the whole,process: All right? MR. CICHANOWICZ: Okay. THE CHAIRMAN: Is there -anybody else,- while. we--are at this hearing, who would like -to..speak- in favor:of-this application? (There was..-,-no response.-) THE CHAIRMA-N: Anybody who would like to._speak- agai-nst it? (There was no.response ) THE CHAIRMAN: Excuse me; I remember-_ meeting--you -about two weeks ago with your rather, and. I apologize, okay? MR. CICHANOWI-CZ: That's okay. Southold Town Board -of- Appeals 18 March 2, 1994 Regular Meeting THE CHAIRMAN: Hearing no further comment, I make a .motion closingAhe hearing and reserving .decision until later. I am sorry --recessing the. hearing. (Motion seconded and carried; see Clerk's Minutes:) THE CHAIRMAN: We are going to recess- this-without-a .date, right? CLERK: Yes. Southold-- Town Board°of-Appeals 19. March 2,. 1994 Regular Meeting 7:56 p.m. Appl. No. 4218 -- JOHN •E. STRIPP-and:.JUDITH D. STRIPP. A variance. is.requested..from. Article,I I I, Section. 100-32 .for. permission to, locate_ a new principal-dwelfing-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.. The Chairman read--.the: Legal.Notice of Hearing_for the -record; and. application. THE CHAIRMAN: The next hearing- is.. in behalf:of John E. Stripp-ands Judith D. Stripp:-. I don`t-think-there-is-anybody here from Fishers -Island.; but I won't be that,.. presumptuous -tonight. Not seeing .any -hands, then I will make:the determination that: we-wi.Il. recess this hearing -until the, next regularly meeting on April 6th (as--requested by the applicant -and Chairman -jointly for further documentation). (Motion,seconded' and carried-; see Clerk's Minutes-. ) Southold Town Board of� Appeals 20 March 2,. 1994 Regular Meeting 7:50 p.m. Appl. No: 4219 DIANE HARKOFF. A variance- is requested:from Article: I X, 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 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:. The Chairman read-.the Legal.Notice of hearing for. the- recor-d and= application. THE -CHAIRMAN: We.have- a copy of- a site plan. It is done by Donald-- G. Feiler of. Mattituck; dated- 2/.24/-94, indicated the- squared-in -area and: the nature of the change of the roof-line -- well, actually it is a squared-off area-of the building, and...of- approximately 12 by 22, and I have- a copy, of, the Suffolk-County Tax Map indicating= this-and -surrounding.,parcels-in Ahe-area. Mr-. Feiler; how are you tonight?- Pardon-me;. it -must be,the snow- tonight.- I am-off-on everything. Is there anything you would like to_ state.for- the record? Appearance.: Donald:G. Feiler.; RA Mattituck, N.Y., for the Applicant. MR: FEILER: I just want to .mention that the- storage,--area- is to, be attached to- the- kitchen. It is necessary, and we really don't-want, to. store things outside. There are .practical difficulties with. that. It is -the-only -storage-space. It increases -from 510 lot coverage up to 53%, is what- we are asking for- THE CHAIRMAN: When Mr. Harkoff showed me• the- existing walk-in box, I failed to. ask, him,, if he was. destroying,that--one-or.= was. he. building a .building around: the-.existing one? MR: FEILER: That-would be removed•: Southold:- Town Board of- Appeals 21 March 2. 1994 Regular- Meeting THE CHAIRMAN: Completely removed? MR. FEl LER: Yes-; that -is pretty much useless-. THE CHAIRMAN: I assumed.that.; I just had...to-ask.you. the question. because he told-.me he- had. to change the--roof. line-.,and !so. on and: so forth..-- MR. FEILER: Yes, also. it was inaccessible.-to.. get- out that.-,door- and, up the slope.of. the rear, yard into. that walk-in box: THE CHAIRMAN: Okay. Are there any questions from my fellow. Board members? Rich? MEMBER VILTON: Not really. THE CHAIRMAN- Okay. Bob? MEMBER--VILLA, Are.you going to replace the cooler in- this. area? MR-. FELLER: It will possibly be, inside• the new=storage area-, with access from the inside of, the�building; from the kitchen. That: is probably what we-:will do, in the- back -of: the storage-area: MEMBER.VLLLA: If it is -not inside, where-would,.it be? MR. FELLER: That is really the only spot for it. There is- no other space on thee.side for. it; on the other-r, side of the building:is, all the cesspools; and_ you have- the -bulkhead..there-where the--grade .goes -up= to..the (inaudible.) accessory -and the entrance to the kitchen. in- back of the- property. THE CHAIRMAN: You answered our. question: Where the cesspools were.. Jim? MEMBER -DINIZI.O: I just --Would:,this take care of all, the bottles and stuff you have- in- the back there now? Would that all- be- stored inside? Southold Town Board of Appears 22 March 2,. 1994 Regular- Meeting MR. FEILER: That is the idea.. There is.noplace inside. And some of. the storage is giving some•problems....with the: Health Department for: the storage that is inside. There is really -no good spot for it now. THE CHAIRMAN: So .the -actual addition is ,12 by 22? MR. FEILER: Yes. THE CHAIRMAN`: Okay. And 6 by 22 of. that, will- be.the-walk-in box- proposed? MR. FEILER: Yes. THE CHAIRMAN And the remaining. on. that would be.-the storage -area; before the walk--in box? The walk-in box would .be the area to...the closest to the rear of the building? MR. FEILER: Yes. THE CHAIRMAN: Okay, does anybody else-in- the audience have any specific questions concerning-this? (There was, no response.) THE CHAIRMAN: Anybody like to,. speak against• it? (There was-no response.; ) THE CHAIRMAN: Any further comments? Hearing no. further- comments, I make a motion closing the hearing and. reserving .decision until later-:. (Motion seconded and--carried; see-Cler-k=s Minutes. ) THE CHAIRMAN: If you would like to- hang around, we will be here for a short period. Southold Town Board of Appeals , 23. March 2, 1994 Regular Meeting 8:.03 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. The Chairman read-.the- Legal Notice of:-Hearing"-for the record and- application. THE CHAIRMAN: Are the Fricks here? MR: FUCK: 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. FR I C K: The.reason-we are requesting..this .variance is the house was built for two people:.- It is very small, 1 think it is. 1,300.square feet, and we have five people- in our family. We- have to do 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,-w . run with a motion based- upon percentages.-and over-all sideyards- that are down there; and -so: on, and-so. forth. Again, there As 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 Southold Town Board of Appeals 24 March 2,, 1994 Regular Meeting we have- done in the specific area-_ in reference to_ the redaction:--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 wial put you on the spot again. MR. FRICK: I don't know how- to. answenAhat.. 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. So. 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 CHAIRMA-N:- The -other concern- we have is--that --or I have-- I am. not speaking. for any of the- Board-- You -really have-AP, be:>able-to. put -a .ladder on- your own property to -work- on.- it. You know this is: a :two-stor-y 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. Southold Town Board,of, 25 Mar-ch 2, 1994 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 sine 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 overAhe_- plan and understand...what you are doing-. There .is- no question; of that.. With reference to..my fellow Board-members-agai-n---I don't mean to. put you .on the spot: MEMBER WILTON-: The .addition that- you are building,.. what is-..going to occupy that space? Is that--going to-become a living .ar•.ea-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 VULTON: 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.Ahe=utility room is also. in�that garage. Southold- Town Board of- Appeals 26 March 2,- 1994 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- Weld, there As 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-V I-LLA: So,you can get-at--leash four people: in-there: And you want to.addtwo more bedrooms and- a :bath upstairs-? MR: FRICK: Yes: MEMBER-VILLA: And. a garage. THE CLERK: The.=.square .footage-of-the-,house- now,.is-about-eight -hundred square feet? MR-. FRICK: No, it is about -1250, 1260. THE CLERK: Living area only? MR. FRICK: Yes-: MEMBER VILLA: Existing. MR: FRICK: Yes. THE CHAIRMAN: Jim? MEMBER-DINIZI.O: 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. Say they- put a .fence.:up, you .know; or. you .put your ladder.. up.on their lawn, you Southold Town Board-of Appeals 27 March 2, 1994 Regular Meeting should be able .to maintain,your property within your own, its own bounds:., And 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 real-ly very little.maintenance on it, as, far as painting, and-.trim.. MEMBER-DIN I Z I O: You can't-rule- out that you are-ever: going to.. put something.on that side of the- house. In al 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 Jer-ry's concern that- he was trying to. explain to you. In granting, alternate-.relief; in- my -mind if I think-Ahat., 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 of Appeals- 28 March 2,. 1994 Regular_ Meeting MEMBER -D I N I Z 1.0: --then I am not going to.fight for it. If you:.are not going .to .accept- maybe.something -a .little less. MR. FR I C K: In other words; if we can take maybe a :foot. off? THE CLERK: Could: be two feet; could be, three feet. When you ..applied, told- you that, five -feet was very close, and--.you ..pr-.obably- wouldn't-get it. So-- MEMBER-DINIZI.O: 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,:.effor.-t to_come-up. with some alternative -relief; we are 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, with nothing; if you know- what mean. MEMBER-DIN KZ I O: 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. Were trying.. to_save-you that trouble: MEMBER- D I N I,Z I O: 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 woul&.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 a%�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. Southold Town Board.of Appeals-- 29 March 2,- 1994 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 awar•-e-, And that is the reason-we asked..you M R. FR I C K: What about the neighbor wasn't-going-,to.. comp)-ain- because­1 talked to him; I talked to. everybody: I told .theme 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 rare 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. Southold Town Board of Appeals- 30 March 2, 1994 Regular_..Meeting 8:13 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. (Letter received March 1, 1994 signed by John- and Raymond Kujawski requesting the Board grant -the application-.) The Chairman read.the Legal; Notice of. Hearing-;-for the record, and- application. THE CHAIRMAN: We wil-I ask ,Ms. Kujawski. if she has: anyth.ing to.. add. We have received. a -fetter; and we thank you. Is there anything..you .would.like to..-deal- with on the.Kujawski application? MEMBER -VILLA: The- problem. was, the- part-owner was objecting. THE CLERK: He gave a .letter_ now-. He is asking, us to. approve it. MEMBER VILLA: Well, okay. THE CLERK: We just got it yesterday. THE CHAIRMAN: Who wants. to, make the emotion-? MEMBER,VILLA: I will make the motion. THE CHAIRMAN: I will second the motion: All in favor? (See Clerk's Minutes for Board's vote. ) THE CHAIRMAN: It is. done. Have a :lovely--evening, an&safe trip_ home. MS. KUJAWSKI : Thank- you. (End. of--public hearings -of.. 3/2/94 AND FILED, ]�' l Jj HOLD, TOW14 CLEF y typed verbatim from taped hearings. ) jdr ��l5 HOUR, ' �vn Clerk, Town of Southo,