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HomeMy WebLinkAboutZBA-04/06/1994 HEARING ya� � PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD April 6, 1994 (7:30 p. m. Hearings Commenced) P r e s e n t 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 } I N D E X APPLN .# APPLICANT PAGES 4221 ARTHUR BURNS. . . . . . . . . . . . . . . . . . . . . . . . . 3-4 4218 JOHN E. STRIPP AND JUDITH 'D. STRIPP. . 4-7 4220 JOHN E. STRIPP AND JUDITH D. STRIPP. . 7-19 4222 CINDY BENEDETTO . . . . . . . . . . . . . . . . . . . . . .19-23 4227 WILLIAM GASSER. . . . . . . . . . . . . . . . . . . . .23-34 4223 DONALD BREHII. . . . . . . . . . . . . . . . . . . . . . . . .34-40 4226 THOMAS AND JOAN KELLY. . . . . . . . . . . . . . . .40-44 4224 THOMAS AND ROBY GLUCKMAN. . . . . . . . . . . .44-57 4225 RICHARD AND DOLORES PRINCIPI. . . . . . . . .57-68 4228 VICTOR AND GAIL RERISI. . . . . . . . . . . . . . .68-80 4229 FRANK R. ZALESKI. . . . . . . . . . . . . . . . . . . . .80-84 t �) k Page 3 Regular Meeting of April 6, 1994 Southold Town Board of Appeals 1. PUBLIC HEARINGS: 7:32 P.M. Appl. No. 4221. ARTHUR BURNS. This is a request for a variance based upon the March 1, 1994 Notice of Disapproval from the Building Inspector concerning a building permit application for fencing around the existing tennis-court, which height exceeds the requirements when located in a front yard; ref. Article XXIII, Section 100-231 of the Zoning Code. Location of Property: 3525 Private Road #13, Mattituck, NY; County Tax Map Parcel No. 1000-105-1-4. Zone District: R-80 Residential. 7:32 P.M. (CHAIRMAN opened the hearing and read the Legal Notice and application for the record.) THE Chairman: Also property putting the house and the underground pool and tennis court front on Long Island sound and the post tennis court is in the rear of the swimming pool actually it is in the front yard of the property. I have a copy of the Suffolk County Tax Map indicating the surrounding properties in the area and a sketch of a survey dated a most recent updated December 6, 1985. Is there someone who would like to be heard concerning this application? Anybody here for Burns? Oh! How are you? Could I ask you to use the mike and to state your name please? BERNADETTE BURNS. THE CHAIRMAN: How are you tonight? MRS. BURNS: I'm fine thank you. THE CHAIRMAN: Is there anything you would like to add to it? Page 4 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MRS. BURNS: Just that it is a builder's error when we first apply for the tennis-court we assumed that it everything was altogether obviously. THE CHAIRMAN: I have to admit to you I was up there when and it was still snow on the ground at the time. Is there any lighting for this tennis-court at all? MRS. BURNS: No. THE CHAIRMAN: Lets just see if anybody on the board have any other questions for Mrs. Burns? THE BOARD: No. Do you intend to fill the center section of this fence or is that the way its going to be? MRS. BURNS: Right. Yes, just the way it is. THE CHAIRMAN: Does anybody have any objection to this application? THE BOARD: No. You want to make a motion. THE CHAIRMAN: Okay, make it. THE BOARD: Make a motion that it be a approved as built. THE CHAIRMAN: . As applied for. THE BOARD: As applied for. THE CHAIRMAN: Okay, second in favor. (See Clerk's minutes for resolution. ) 7:35 P.M. THE CHAIRMAN: Okay, next appeal is 4218 on behalf of JOHN E. STRIPP and JUDITH D. STRIPP. A continuation from the March 2, 1994 meeting. Mr. Ham you're on. How are you tonight? Page 5 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. HAM: Fine, Thanks. Stephen Ham, Matthews & Ham, 45 Hampton Road, Southampton. To save time I have prepared a memorandum which sets forth the basic arguments . that I make in favor of this application. Mr. Stripp is here tonight and you'll probably have plenty of questions for him. I just would like to highlight, though, some of the legal concerns here and that the main one being the fact that this is a classic practical difficulty in that we have to maintain for the DEC purposes a 75 foot setback from the wetland which is on the northeasterly border of this property. In order to do so the house has to be located where it currently is or it could conceivably be located along the other private road- but the various agencies Health Department and the DEC that have already given approval have wanted it to be as far back from Barlow Pond as possible. Now, other, issues, as you know, you've received correspondence from Fishers Island Conservancy as well as FIDCO on this. We will point out that the concern of FIDCO is perhaps not as serious as it might be in that the setback of 20 feet is from the property line, whereas the road itself which is as I have pointed out in the memorandum a little used road, actually 35 feet which would address the FIDCO concerns. In addition, FIDCO - well Mr. Stripp has proposed landscaping features including a hedge which is on the survey and FIDCO, of course, will have to approve any plans that he submits and as you know from the Brim episode and others, they will require some natural screening which he is willing to perform. Insofar as the Conservancy's objections from an archeological standpoint, this has been looked at by the DEC and as an exhibit to Page 6 Regular Meeting of April 6, 1994 Southold Town Board of Appeals my memorandum, I have the notice of complete application which states that the New York State Preservation Historic Act has been complied with, and no further review is necessary. However, the Stripps do want to be good neighbors and are willing to allow either the museum or the Fergurson Museum or the Conservancy if it wishes to hire. an archeologist to examine the site; he will not build if he is granted the variances he will not build before next Fall although he does need to proceed fairly quickly because some of his permits will expire. So they are willing to do that - have an archeologist come in and do a study to test holes and if necessary remove any artifacts. THE CHAIRMAN: The line that refers to limits of clearing. Can we construe that to be the DEC, the line that the DEC has established? MR. HAM: Yes, I believe so. MR. STRIPP: Yes. That was in agreement with them, yes. THE CHAIRMAN: Yeah, right, OK, thank you, I just want to clear that up. Go ahead, I apologize. MR. HAM: That's on the Barlow Pond side. CHAIRMAN: Right. MR. HAM: So my point is basically, that I addressed in the memorandum, are the various ones which are the standards for an area variance under Town Law Section 267. I address each one of them, the principal one being what alternative do we have in this situation. We would like to conform but given the size, configuration of the lot, the wetlands at the northeasterly border -- Page 7 Regular Meeting of April G, 1994 Southold Town Board of Appeals it's in to conform and that's why we're before your board and we maintain that the character of the neighborhood is not affected by this because we will do what we can to screen the house from the road as I point out the road is a very little used road, there are only two or three properties to the north. In fact FIDCO has talked about it, I know, about closing that road off just passed the property that was recently acquired from John Swing by the Torres. THE CHAIRMAN: OK. MR. HAM: And Mr. Stripp is here if you have any questions. MR. CHAIRMAN: I have, you know, there will probably be discussions. I'm just referring to the board members-- concerning the pool. I haven't opened that portion of the hearing up so if you would like me to deal with that first and before we get into the questioning unless you have any specific questions any of you want concerning the proposed position of the house and the variances that are required there. We can run both of these concurrently if you want. MR. HAM. I would prefer that you do so because they may be overlapping. MR. CHAIRMAN. OK. The third appeal of the evening (as follows:) . 7:40 p.m. Appeal No. 4220 - JOHN E. STRIPP and JUDITH D. STRIPP. (The Chairman read the legal notice of hearing for the record.) This is a request for a variance based upon the building inspector's February 24, 1994 disapproval concerning a_ Building Permit Application for a swimming pool with enclosure in the front Page 8 Regular Meeting of April G, 1994 Southold Town Board of Appeals yard location references Article III, Section 100-32 of the Zoning Code. Location of the property again as Private Road off East End Road, Fishers Island, County Tax Map Parcel 1000-7-2-9, which is in effect the same piece of property. And this is of course for the position of the swimming pool. Is there anything you wanted to address on that? MR. HAM: Specifically on pool, I think a swimming pool is a customary accessory structure and there are many. You can take notice of the fact that there are many pools on the east end of the island and its not an undue development of the property and has been approved by the various agencies with jurisdiction over environmental matters, namely the Health Department and ,the State Department of Environmental Conservation. In fact, the Health Department required a backwash drywell that is more than 200 feet from the service reservoir of Barlow Pond. I understand the last r time I looked into this that Barlow Pond in fact is no longer the primary source of drinking water. In fact it is not even a secondary source of drinking water on the Island but a tertiary source and maybe Mr. Doyen may have some further developments on that. MEMBER DOYEN: Well I suppose it will more or less be a backup in the event that some emergency should the current water supply be inadequate. MR. HAM: Right. It's a backup to a backup at present. MR. CHAIRMAN: Questions from board members of either Mr. Stripp or Mr. Hain. Page 9 Regular Meeting of April G, 1994 Southold Town Board of Appeals MEMBER VILLA: Yes, I'm just curious. When did the applicant purchase this property? MR. HAM: 1978. MR. STRIPP: 1979. We closed in 79. MR. CHAIRMAN: Any other questions? Bob? Positioning of that house as opposed to where the pool is and vice-a-versa or do you want to get into that? MEMBER VILLA: Well, that's explained in the narrative of Mr. Ham's view as given in here, you know, in looking at it would seem that the logical thing to do would be put the house where the swimming pool is but .your main argument on that is you're trying to keep it away from Barlow Pond. MR. HAM: That was certainly addressed by the Health Department -. I did not represent Mr. Stripp before the Health Department, but I know he was in there for a long time. One of my exhibits is a newspaper article from Fishers Island Gazette from 1990 which quotes Mr. Stripp about his various trials and tribulations in trying to get approvals at the time, I believe, the county was about to undertake or had commenced to undertake a study of the Barlow Pond area. MEMBER DOYEN: What was the reasoning of the Health Department for wanting to place the pool? MR. HAM: They want everything as far back from Barlow Pond as possible and that's why it's squeezed into the area where it is. MEMBER DOYEN: I can't understand that, but if that's their pronouncement I suppose -- this could be runoff (remainder of statement not audible due to another conversation between 1, Page 10 Regular Meeting of April 6, 1994 Southold Town Board of Appeals Mr. Hain and the Chairman) . MR. CHAIRMAN: What's the approximate width of the road that this is primarily on? MR. HAM: The roads are normally -- the right-of-way-=20 feet the right-of-way. (Separate conversations were stated at the same time.) MR. STRIPP (to Member Doyen) : Yes, they had some concern about the septic tank and they wanted that up as far north as possible. MR. DOYEN: If you're down here you can place your septic there. MR. HAM: Well they have a rule I believe that is a 200 foot requirement from a surface reservoir and, of course, Fishers Island is the only place in Suffolk County that has surface reservoirs. MEMBER DOYEN: No, well what I'm getting at is, so that you can put your septic system back further. It doesn't have to be where the house is. Or on this side of the house. It can be on the other side because it is probably -- and where is the septic tank proposed? MR. HAM: It's about as far away from the wetlands in Barlow Pond as you can get. MEMBER DOYEN: But any way that's the question. They have jurisdiction in that matter. MR. STRIPP: This was, about the fourth plan as we went through it of different options over a period of 12 weeks (interruption) . MEMBER DOYEN. Actually then what your really concerned about more than anything else is the drainage back into that low area really as a practical matter, not Barlow Pond, from what I can ascertain. Do you know what I mean? Mr. HAM: Well could place a berm here as well if they needed to. Page 'I I Regular ,Meeting of April 6, 1994 Southold Town Board of Appeals MEMBER DOYEN: If that drains here, you could drain back into that low area so what's draining in there? MR. HAM: Isn't there a berm on there. CHAIRMAN: Yes, I see it. MEMBER DOYEN: Well, I'm not an expert on that matter either but looking at it as a practical matter would you say that the drainage whatever drainage there is that could do any harm-- Because of the ditch that along this ditch road might go back into that low area that is down below your lot. MR. STRIPP: One of the reasons for the berm along the side. MR. DOYEN. Yes, but actually the water that drained off here, I'd have to take another look at it again -- you know, there is a ditch along that southern road. MR. STRIPP: Yes. Along that southern line. MR. DOYEN. OK, is the pitch on that such that you could possibly drain into that road? MR. STRIPP: It would drain back into the driveway. MR. DOYEN: Back down that road again. MR. STRIPP: Yeah, if you look at the elevations. MR. DOYEN. Yes, I wasn't sure, here they show the ditches ending there, but I, it doesn't appear to end that quickly if you're looking at it walking along the road. MR. STRIPP: It goes in to the next property and then drops down at that point, the ditch does. MR. CHAIRMAN. OK, are you going to give us anything from the. DEC, some negative declaration or something that you had? Page 12 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MR. HAM: It wasn't in - I didn't get it yet. As an exhibit to my memorandum, I have the Notice of Complete Application which indicates that one is on file. BOARD CLERK: Yeah, but that's not what we need though, we need the Declaration. MR. HAM: Yes, I understand. As it turns out I found out today from Mr. Stripp that the Health Department was in fact the lead agency on this which is somewhat unusual, and I will undertake to provide that to you. MR. CHAIRMAN: Now let me just understand this and recap what we're doing here. You are asking for a decision as expeditiously as possible. He is not going to build until the Fall until a determination is made concerning. the archeological dig that is on this --purportedly maybe on this site? MR. HAM: No, not a determination in the legal sense of the determination. He will allow others to come on to the property to do a study either during the summer before he does anything. In fact John Pfeiffer, who you may have heard of is an archeologist whose done some work on the Island was at the site in the mid eighties. I spoke to him over the phone he dug a bout four test holes he calls this site what they call a "niddin" which is what we use to call a "dump" and that is now called a landfill. What the native Americans where they threw there clarri shells, I guess. MEMBER DOYEN: Did you speak to Charles? Charlie Fergurson? MR. HAM: I tried to, I had a number that 'I tried to call and I never got an answer, I don't-- Page 13 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MR. DOYEN: Do you have his number? MR. HAM: I from directory assistance obtained something. MR. DOYEN: I have his number and his address here, because it was his father that did the original-- MR. HAM: His father, or his daughter? MR. DOYEN: His father. MR. HAM: I heard his daughter did. MR. DOYEN: It's his father who originally did do the excavating there. MR. HAM: In any event the answer to Mr. Goehringer's question what we envision is not some formal stage one cultural resources survey under SEQRA but the opportunity for interested parties to go to the site either during the Summer before construction commences or Mr. Stripp has told me, at the time of excavation they would do a --not a severe excavation but a light one -- because most of the artifacts would be presumably within the first 12 inches of soil and he's willing to have someone come in there and study it, remove what needs to be removed and that's our position on that. MR. CHAIRMAN: OK. Now, where do we lie with the Trustees concerning this piece of property? MR. HAM: I had a message this morning that they are asking for a full permit. They had given, you did not receive anything from them today? MR. CHAIRMAN: Not officially. BOARD CLERK: No, only verbal. MR. CHAIRMAN: Only verbal. Page 14 Regular Meeting. of April 6, 1994 Southold Town Board of Appeals MR. HAM: That's all I have seen so far. That, and I questioned their authority on this by the. way, they did give a non jurisdiction letter in 1990 and to me looking at the map which shows that it is more than 75 feet from the wetlands, it's out of their jurisdiction so obviously any variance you grant would be possibly be conditioned upon either obtaining a non-jurisdiction or going through whatever permit process we would need to go through. - It seems that the Stripps have been through quite a bit with two major governmental agencies on this to this point but having no formal word as to what the Trustees are requiring I really can't address that, but only to say that if they are asserting jurisdiction, I believe they're doing so improperly. I think they have the right to be there if they're concerned about some invasion of their territory, but to ask us to go through the full permit process unless I see some better argument, we don't agree with that. MR. CHAIRMAN: The reason why I ask that question is because if that is the case, then possibly should just hold this over until our next meeting and then close it at time, you know. Yes, Mr. Stripp. MR. STRIPP: Back in 1990 when we were trying to determine who was going to be the lead agency there were three possibilities one was DEC and the other was Suffolk County Health District and the other was the Trustees. At that time that was when the Trustees had said that we have no jurisdiction over this so therefore we don't want to be involved -in this decision any further and had in fact given us written correspondence to that effect. Page 15 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. HAM: For purposes of holding it over, would what they say affect your decision on the variance alone? MR. CHAIRMAN: Well, not necessarily, but if there were any minor changes I would hate like heck to have to open it up again and that'swhere my concern is because I know, by the way we do . appreciate your coming tonight OK, because I understood that you were possibly considering a recess at this point. MR. HAM: Well I did because I didn't as of yesterday Mr. . Stripp thought he might not be able to make it and I _thought that I might not be able with Mr. Stripp having gone through on his own the other approvals that I might not be able to answer all of your questions, but I - MR. CHAIRMAN: Is there anything you would like to state for the record, Mr. Stripp, other than you know the ordeal that you've gone through for the last four years? MR. STRIPP: No, Mr. Chairman, other than to say that we'll try to be as cooperative as possible and make all the adjustments necessary to try to damage the ecology not at all and to make sure that there I is not health considerations and that it's been a long process and we've been very patient and we try to work with the agencies as they asked us to, and I think we've gotten through everything but this, which unfortunately this is sequential process and now we're down to the end so it would be much nicer if we could all get in a room and work together -- it doesn't work that way. Page 16 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MEMBER DOYEN: Have you taken up with the building committee that you have to satisfy that the 20 feet is not 20 feet but 35 feet in reality? MR. STRIPP. I had a conversation with Tom Doherty today in fact, and he said that at the time they made the determination to send a letter. They weren't aware of the difference between the right-of-way for the road and the traveled way which is about 20 feet. MEMBER DOYEN: Probably that's a 50 foot right-of-way because someone has a surveyor's stakes across the road that indicates what I think is the property line of the Harrisses across the way which would from what you tell 'me indicate that perhaps that is a 50 foot right-of-way. MR. STRIPP. It could be. MR. HAM: It's possible. I mentioned 40 because I'm familiar, most of them are 40 feet on the FIDCO Map. MEMBER DOYEN: Forty, or 50 ft. because it's obviously there not using all the right-of-ways. MR. HAM. That's all. I'll reserve that. (Two conversations at this time, both inaudible but picked up as follows: ) MR. STRIPP: . . . doing any landscaping that they felt was appropriate because we still do have to get back to the architectural approval and certainly I want to cooperate in anyway possible with FIDCO. MR. CHAIRMAN: Mr. Stripp, what is the approximate size of the house? Footage wise that you're proposing. Page 17 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MR. STRIPP. It's about -including the garage about 26,000 square feet. No, 2600 -- I'm sorry. That's including the garage. MR. CHAIRMAN. And what is the approximate size of the swimming pool that you propose? MR. STRIPP. I think I have to scale it again. It was 32 or 34. MR. CHAIRMAN. 32 or 34 by 40? MR. STRIPP. No, no, that's the. longest part. The other part I would say is probably about 20, maybe less than that. MR. CHAIRMAN. OK MR. STRIPP. It's narrow, it's an oval as you can see. It's narrow and long. The longest part is no longer than 34. BOARD CLERK. Would lie know how long the house is, the dimensions of the house? MR. STRIPP: Some part is 40 -- MR. DOYEN: Well it's easy enough there's a scale on here. Do you have a scale. MR. STRIPP: Yes, its approximately 70 feet including the garage. BOARD CLERK: Thank you. MR. HAM: If the Trustees-- would you're point being to hold it open would be if the Trustees say we want you even farther back from the wetland because we know you have only five feet in area and you're bound to disturb territory in our jurisdiction that we may be asking you for even a greater variance is that. MR. CHAIRMAN. Well, there may be some movement on the swimming pool, too, there where you can move the house down a little bit closer without disrupting the cesspool system and thereby requiring Page 18 Regular Meeting of April 6, 1994 Southold Town Board of Appeals you to go back to the Iiea.lth Department because as you know the placement for the house really has nothing to do with the Health Department. It's where the cesspool and the sanitary system and where the well is going to go. MR. HAM. I expect to be back here next month on another application and anyway. I don't think you'll need to have any further questions for Mr. Stripp, would you? MR. CHAIRMAN. No. Can I just ask - Mr. Stripp.probably is not coming back? Do you have any specific questions for Mr. Stripp While he is here. It was very nice of him to come. MEMBER VILLA: No, it's pretty clear. MR. CHAIRMAN: Do you have any objection, Laury (Dowd) if we hold this over until the next month? TOWN ATTORNEY DOWD. No, I think it would help us get some additional info. MR. CHAIRMAN. OK, good. Alright, so both resolution-- actually I'll make the motion on 4218 and 4220 to reserve decision until the next regular scheduled hearing. BOARD CLERK: Jerry, are you recessing the hearing?. MR. CHAIRMAN: We're recessing it, yes. I meant recess. MEMBER WILTON: Second. MR. CHAIRMAN: All in favor? MR. HAM: Off the record, you're looking for the Negative Declaration from me and nothing else. We'll both be notified, I assume, by the Trustees. BOARD CLERK: Are you askiiig for anything on the archeological? Page 19 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MR. CHAIRMAN: If anything happens that you find, that somebody has been down there, let us know. They're certainly aware of it. I'm sure John Thatcher will let us know if anything goes on anyway. Bye. Have a safe trip. ,MEMBERS: All Ayes. 8:00 P.M. MR. CHAIRMAN: Application No. 4222 on behalf of CINDY BENE- DETTO. Legal notice reads as follows: for an application the applicant is a request for a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application for an addition at the rear of the existing dwelling which is to be located at 75 feet of the or from the bulkhead along . Dawn Lagoon; reference Article XXIII. Section 100-239.4B of the Zoning Code. Location of Property is Lot No. 61 at Cleaves Point, Section 111, better known as 910 Maple Lane, Greenport, County Tax Map 1000-35-5-26. The subject premises is substandard and is located in R-40 Zone District. Copy of the survey Roderick Van Tuyl. P.C. dated May 7, 1992, indicating the approximate placement of the proposed addition and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. The present time the deck is approximately 48 feet. The proposed addition is to reduce it down to 39 feet and I have a copy of the Suffolk County Tax Map. Is there somebody who would like to be heard? Oh! Mrs. Bertani, how are you? Page 20 Regular Meeting of April G, 1994 Southold Town Board of Appeals MRS. BERTANI: I would just like to add that since we made the application we did get a wiver from the Trustees. MR. CHAIRMAN: OK. Does anybody here have any questions of Mrs. Bertani concerning this application? MEMBER VILLA: Yes. The cross-hatch section is the addition, and then they're going to have a deck beyond that?. MRS. BERTANI: It's going to be a concrete patio. MEMBER VILLA: Concrete patio? At grade? MRS. BERTANI: Yes. MEMBER VILLA: But it says proposed terrace and stairs. MRS. BERTANI: Well, patio terrace. It comes around to a set of stairs that goes down to the basement. It's an outside set of stairs. MEMBER VILLA: The set of stairs going downstairs, all right? So there's no stairs off the terrace, per se on going out? MRS. BERTANI: No. The terrace is actually grade and then we go down the stairs into the basement. MEMBER VILLA: Actually those stairs are behind it closer to the house. MRS. BERTANI: Yes. MR. CHAIRMAN: This will remain unroofed. This will have no roof over it at all? MRS.. BERTANI: (Nodded in agreement) . MR. CHAIRMA: Just strictly an open patio. Anybody else. . . . MEMBER VILLA: I don't have any objections. No, not as long as the patio is going to be concrete at grade we don't have any jurisdiction over that, right? t ~ Page 21 Regular- Meeting of April 6, 1994 Southold Town Board of Appeals BOARD CLERK: Right. MEMBER VILLA: Its grade. BOARD CLERK: That's right. MEMBER VILLA: So then we're really only looking at the addition. BOARD CLER: And the steps. MEMBER VILLA: Well the steps are there already. The steps are already there going to the basement. BOARD CLERK: OIi, I'm thinking of Brehm, the other one that we have. MEMBER VILLA: I just want to be sure that you know nothing is built above grade and adds to it because everything slopes down towards the bulkhead and the canal at that point. MR. CHAIRMAN: I'm a little confused. Why is it before us then? BOARD CLERK: Because it is an addition 16 x 22. MEMBER VILLA: Because you have an addition being built where the deck is now? MR. CHAIRMAN: Right. MEMBER VILLA: And that's only 48 feet from the bulkhead? BOARD CLERK: This part is not there right now Jerry. MR. CHAIRMAN: I understand. BOARD CLERK: OK MR. CHAIRMAN: Yeah, I understand. OK, so the elongation of the existing deck is the actual .addition and then the area .in front of that is the cement platform is at grade and that's the issue that I'm referring to as not being within our jurisdiction. MEMBER VILLA: Right. Page 22 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Basically because its that grade although quite honestly it could be 4 inches above the ground to make it even when you go out some. So the portion when I said to you is that we're referring only to that cement patio area in front of the addition? OK. BOARD CLERK: Do you want the deck roofed or not? Your confusing me now. MR. CHAIRMAN: Its encompassing the deck so the deck is gone because that's going to be addition. MR. CHAIRMAN: I, I ask you again does anybody have any objection to this. MEMBER Not me. MR. CHAIRMAN: Bob MEMBER VILLA: Actually, actually what we're looking the addition is there already. Right? MR. CHAIRMAN: Well, the addition is not there. What there doing is there taking the deck and there making you know an addition out of it. Okay? So in front of that is the cement patio that she is referring to. BOARD CLERK: here, just from this part over. MR. CHAIRMAN: Right. BOARD CLERK: Yeah, but the addition is enlarged bigger than what the deck is. MR. CHAIRMAN: . Right, Yes. MEMBER VILLA: This is the house that's on the north, there two of them together. MR. CHAIRMAN: Right, right. Page 23 Regular Meeting of April G, 1994 Southold Town Board of Appeals MEMBER VILLA: I'm getting myself confused. This just an existing deck there now. BOARD CLERK: There's three of them down there really. MEMBER VILLA: Right, so then this one doesn't have a plan or anything else, they just have the addition and then its a concrete MR. CHAIRMAN: Patio. MEMBER VILLA: Patio MR. CHAIRMAN: Right. MEMBER VILLA: OK, no I don't have any objection to that. MR. CHAIRMAN: Does anyone want to offer a resolution? I'll offer the resolution. Granted as applied. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor. MEMBERS: Aye. MR. CHAIRMAN: Have a lovely evening. MR. CHAIRMAN: OK, the next appeal is on behalf of WILLIAM 7 : 50 P .Pilp.ASSER. It is appeal number 4227. OK, the legal notice reads as follows: Upon application the applicant 4227 is a request for a variance based upon the Building Inspector's February 4, 1994 Notice of Disapproval concerning a building permit application for two identification signs, as they exist and to my knowledge the size of the signs are within, conformity it is the actual placement of those signs where they exist which is before us and I have a copy of the Suffolk County Tax Map concerning this and the surrounding properties in the area. Mr. Gasser would you like to be heard? MR. GASSER: Page 24 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MR. CHAIRMAN: OK, Thank you. How are you today Mrs. Gasser? MRS. GASSER: Good evening. I'm Karen Gasser speaking on behalf of the Directors of the American Armored Foundation and William Gasser the property owner. The application is before you this evening shows the museum has presently two signs, one on Love Lane and one on North Road. These signs are 6 feet by 3-1/2 feet subdued in color and the museum feels these signs are in harmony with the surround- ing area. As ' stated on our application present property lines do not allow the museum to conform to the required sign code setbacks. Therefore, we are making application to this board for variances so that the signs in question can be brought into compliance with town code. I have some pictures that I would like to submit to the board. MR. CHAIRMAN: Surely. Thank you very much. MRS. GASSER: These signs show the other 16 signs that are presently, these photographs show the other 16 signs that are presently on Love Lane. As you can- see all but two of the Love Lane signs are approximately the same square footage and coloring as the museum signs. Except for one sign all the Love Lane . signs including the museum sign run parallel to the street. All the signs have a 9 to 10 foot setback from the street not property line and all but one does not meet the side property except that. Of the 17 signs that are presently on Love Lane there is no sign that can conform to the sign code. Even though we do not conform to this code the museum feels that the sign conforms the surrounding character of the street in size, color and placement. The signs do not obstruct vision of the pedestrians or drivers and the s.ign,s enhance the museum's front s. - Page 25 Regular Meeting of April G, 1994 Southold Town Board of Appeals entrance, all of which I'm sure you will agree are important factors to consider along with the code in this or any application. As not only members of this board or business men as well you gentlemen know the importance of signs to any business. These signs are ultimate extremely important to this non profit organization in helping us to inform not only the local people but also the tens of thousands of tourists that visit the museum in the North Fork every year. We ask that this board grant the museum this variance so that we can maintain these valuable signs and at the same time be in compliance with town code. If you will have an y questions I would be happy to answer them. MR. CHAIRMAN: I live in Mattituck so I'm perfectly well aware of the signs and I'm aware of the museum, I've been there several times, false alarms with the Fire Department. I don't have any particular objections to the signs, I don't think that there offensive as you mentioned. That's just my opinion. I'll open it up for any discussion anybody may have. I apologize Rich that I have not been calling when you have been asking. MEMBER WILTON: I have no problem with the signs. MR. CHAIRMAN: Bob, Jitri? MEMBER WILTON: Does this include the sandwich sign too or just the signs on the fence, right? MRS. GASSER: Just the sign on the fence. MEMBER WILTON: OK. I have no other questions. MEMBER VILLA: How are all the other --- when your on 48. You have other signs hanging on the fence? Page 26 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MRS. GASSER: They also are going to be removed. MEMBER VILLA: They are going to be removed. OK, because to me they didn't look too good. MRS. GASSER: No. MEMBER VILLA: Now, there is also a question I think the sign ordinance allows one sign per property right? MR. CHAIRMAN: I think it allows two. BOARD CLERK: I have a copy of it in the file regulation.Yeah, you want me to put it? Just leave it there. This is the regulation Bob talking about signs and rural two streets, so that there are normally bound to have more than one sign. MR. CHAIRMAN and other voices discussing the matter. MR. CHAIRMAN: OK, any other questions of Mrs. Gasser? MEMBER VILLA: No, I don't have any questions. MR. CHAIRMAN: Anybody else like to speak in favor of this application? Thank you Mrs. Gasser. OK, anybody like to speak against the application? MS BORELLI: Ongioni and Borelli I'll return these for Diane and Frank Amoratti who are the neighbors to the applicant. MR. CHAIRMAN: Thank you. MS. BORELLI: We do not believe that the applicant here has met the code requirements and that is part of our objection to the requested variance in that we think that this applicant can use the code requirements, there is ample lot space to place the sign the requisite 15 feet from the lot lines. We also believe that the pictures you see are signs that were probably approved during the Page 27 Regular Meeting of April G, 1994 Southold Town Board of Appeals .site plan process or at some point received approval these signs have been improper and illegal since about 1982. The applicant is before this board simply because the question came up when there in front of the Planning Board the site plan review because this site also doesn't have sit plan approval never having gotten it. The brief contains a history of the site which shows that this applicant purchased the property in 1981 and actually came to this board in 1980 prior to purchase trying to find out whether a museum was a proper use for the site at that time. This board told the applicant that he couldn't give advice, they had to be here for an application; however, it was not permitted use at that time, it has never been a permitted use. It was granted, the applicant was granted a zone change in September of 93, over our objections, to which we strenuously objected and that during that approval process the Town Board decision that granted the zone change specifically makes note that the zone change should not be considered as the granting of an variances and that the applicant still had to get the variances for the various illegalities at the site. The environmental consultant noted in the papers submitted to the Town Board that even if the zone change was granted, which it was granted, this site still would not be in compliance with the zoning code. The Planning Board objected to the zone change on the basis that it was considered spot zoning, at least in the Planning Board's opinion. However, the zone change was granted and the applicant has now come before you to ask for a variance for signs. It is our position that this applicant cannot ask for piece meal variances. This site has at least four Page 28 Regular Meeting of April G, 1994 Southold Town Board of Appeals violations of the code. It has the sign violation of the code, it has the tower that is in violation of the height requirements and setback requirements because even although the Town Board told them they had to -move it 100 feet, the Town Board does not have the. authority to grant the variance from the code, that tower does not have a building permit and it violates the code. The site also is a museum and under the code a museum must be in a totally housed building and this is not, the equipment is out on the service where you can see it outside of, the major portion of it is outside. It is our position that they cannot come and ask for a variance or sign when there are numerous violations of the code. We have requested the enforcement officer to enforce the code, a copy of our last letter to them asking them is one of the exhibits and there has been no enforcement. BOARD CLERK: They haven't received it yet. I checked with them this morning, they don't have any, there is no violations of record. I checked on that too today, just so you'll know. MS. BORELLI: The last letter that I wrote just yesterday they don't have. There is an exhibit in there that there is a letter that was written in October of 1993, itemizing the violations, the environmental consultant's report to the Town Board, listed what the violations were, so my client has been complaining since 1988 (loud ringing noise) . So the original record of the complaint in 1988 of the tower at least. We feel that the segmenting of a request is an attempt to meet the statutory requirements by saying that they are asking for a minimal variance, but maybe the sign is a minimal Page 29 Regular Meeting of April 6, 1994 Southold Town Board of Appeals variance when you think of everything else that violates the code. But by segmenting their attempting to get in little pieces what they really should be asking for all in one request. My brief gives a history of this site and in fact attaches as an exhibit the brief that we submitted to the Town Board in opposition to .the request for a zone change. It shows you that this applicant came before this board in 1980 to ask advice and never came back when they opened it improper use. They went, they submitted very very late a request for site plan .approva.l after they were pushed by the Planning Board for site plan approval. They were told to come to this board for an application for a variance from the tower, they submitted an application, it was returned by this board because it was incomplete and they never came back with a second application. The Planning Board is never going to be able to grant site plan approval on this site because at some point they are going to say its not just your signs, its your tower, its your museum, because they don't meet the code. BOARD CLERK: I think we have a letter from the Planning Board in the file. Right? MR. CHAIRMAN: I don't know, I have look at it. BOARD CLERK: OK. MS. BORELLI: By the process of piece meal application this applicant has been in operation since 1981, all in violation of the code. This is 1994. That's 13 years of illegal operation and 13 years of violations of the code with impunity and all we are asking is that somebody enforce the code. That somebody say you can't do this Page 30 Regular Meeting of April G, 1994 Southold Town Board of Appeals because it violates the code you have to come before the proper tribunal and ask for the proper relief all at the same time. MR. CHAIRMAN: Carmela you didn't discuss this with the Town Attorney at all, right? MS. BORELLI: No, I didn't. I had discussed it with Mr. Arnoff previously and in fact it was Harvey who forced this applicant to go to the Town Board. My brief says that in essence of Mr. Arnoff's letter said "enough is enough" and that's exactly what his letter said. His letter said "You come before the Board and ask for a zone change or we're going to do something about it", and that's simply because it was delaying tactic after delaying tactic. , In fact, my client brought me photographs tonight the Town Board's granting of a zone change one of the conditions of the zone change was that they screen the lot line with a fencing between their property and my client's property. The. Town Board said preferably vegetation. They did not do vegetation. They did those slats that go in and out of the fence and as you can see that has never been completed so they are in violation even of the conditions under which they were suppose to get the zone change. You can see that this is the side view. So they haven't even done the screening that they were suppose to do in order to get to fulfill the condition of the zone change. I can offer those. This is just another picture of the sign. My letter that Linda was referring to is a letter that I wrote yesterday addressed to the Town Board, Complaining Board, the Building Department Enforcement Officer again with a copy to this board asking that somebody do something because is going on some too long. { Page 31 Regular Meeting of April G, 1994 Southold Town Board of Appeals MRS. KOWALSIi: I. guess I should just mention that I spoke with Gary Fish today, I put a memo in the record and he says that the applicants are working with the Building Department, there are not violations outstanding and that they do expect to get sit plan approval very shortly. The Zoning Board is next. I'm just letting you be aware of that, that he said there are no violations. MS. BORELLI: 0K. There is a letter in the file that is an exhibit here which is a letter from the Building Department that says there are existing violations and that the only reason they haven't cited them or issued summonses is to allow them to come before the proper tribunal to seek variances. BOARD CLERK: Right, but that was a building inspector that's no longer here and I think the Gassers have done a lot since that letter and maybe they should really bring everybody up to date. MS. BORELLI: I met with Gary Fish and Building Department, he has told me that the direction that the Town Building Department wants us to take, I have met with Mr. Kassner from the Planning Board, we are presently doing site plan approval. This variance is just one of the stipulations that are being asked by Planning Board. That is why we are here tonight so we can set that up, so we can go into the Planning Board and we can finish this and get it all lined up and get the site plan approval that is necessary. We are meeting every condition that the Planning Board is asking us to meet and we are doing it on a regular basis. As far as the screening of the fence is done. Page 32 Regular Meeting of April G, 1994 Southold Town Board of Appeals MRS. GASSER: I don't know where they got those pictures but if you go down Love Lane right now the screening has been done and it will be continued on .the other side per Planning Board recommendation. MR. CHAIRMAN: OK. I don't, you know, I understand there's frustrations on both sides here and there is no question about it. You understand what the attorney is requesting here. She is saying that you're dealing with a segmentation in reference going to a procedure of if there are additional variances needed instead of requiring them all at one time. She's saying that you're doing one at a time. OK? BOARD CLERK: They could be done separately. MRS. GASSER: We are being told that there are no variance, other variances needed. BOARD CLERK: That's exactly what I was told today too. MR. CHAIRMAN: Unfortunately the town attorney had to go, had something else pressing tonight and that's why we let her go. MRS. GASSER: The tower is the question. It has been moved and it has been moved more than 100 feet. It was moved from the front corner piece to the back corner. MR. CHAIRMAN: This is the tower? MRS. GASSER: This is the tower. It was also cut down to go under the 18 foot limit so we don't need a variance for that anymore. MR. CHAIRMAN: . Right, OK. MRS. GASSER: We are screening in, we have only a 50 foot width of property. You can't put trees in there and still have something to display. Mr. Amoretti has trees on his property that screen. Page 33 Regular Meeting of April G, 1994 Southold Town Board of Appeals Unfortunately a lot of those trees have died and he has had to cut them down. If those trees were still there it would even screen more and we were there since 1981. Mr. Amoretti has moved in since 85. MR. CHAIRMAN: Thank you. Is there something else you would like to add? MS. BORELLI: Mr. Goehringer we would really appreciate a formal request from the Zoning Board Appeal to the Building Department with regard to any potential violations at this site because the code specifically says that a museum must be in a total enclosed building that has been noted by everyone through this entire process. Environmental Consultants before the Town Board, the Planning Board. In fact I spoke to Russell Kassner just before he went away on vacation and. he said "I don't care where that tower is, the Town Board didn't have the right to grant them a variance, it is an accessory building and it needs something". I mean I said that to him the day he was leaving to go on to vacation. MR. CHAIRMAN: You mean Robert Kassner? MS. BORELLI: Yes, I'm sorry. MR. CHAIRMAN: That alright. You had me going there for a minute. MS. BORELLI: They, they, I would just like an official request from this board of the Building Department to inquire into the matters that have been noted by everyone, all along the line including people that have been hired by the town to look into this matter because I am not convinced that there are not violations based upon the towns own records. If you go through the records, your files, the files of the Building Department, the files of the Planning Department, the c Page 34 Regular Meeting of April 6, 1994 Southold Town Board of Appeals files of the Town Board, they are replete with the violations. That's all I'm asking and that if this applicant requires more than one variance that they not do it they way they are doing it now. They come before you and ask for everything all at once. MR. CHAIRMAN: OIi, thank you. MS. BORELLI: Thank you. MR. CHAIRMAN: Anybody else would like to speak either for or against on this application? I see no hands. I'll make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor. MEMBERS: Aye. MR. CHAIRMAN: Thank you very much everybody for coming in. 8:30 P.M. MR. CHAIRMAN: The next appeal is in behalf of Donald Brehm. BOARD CLERK: (Question to Member Villa) You're saying no on that vote then? MEMBER VILLA: I think we ought to --- MR. CHAIRMAN: Well that doesn't mean we can't write a letter to the .town attorney and ask her opinion, which I unfortunately inadvertently let her go tonight, you know which we could have had an opinion at that point, I mean I don't want put the person on a spot appearing, you know what I'm saying. MEMBER VILLA: You're point was well taken and I think if we before we can vote, before I vote on something like that I would like an answer from the Building Department. Page 35 Regular Meeting of April 6, 1994 Southold Town Board of Appeals BOARD CLERK: We're planning on doing that. MR. CHAIRMAN: . Well, we'll plan it, OK? BOARD CLERK: OK MEMBER WILTON: That's not a step we take in every applicant. How do we know every every other one here tonight and everyone in the future in the past hasn't had other violations?. MEMBER DINIZIO: Well, that's why we do inspections. MEMBER VILLA: That's right and we haven't had charges on other ones. I see one over here, I see the accessory structure that was placed here before. It was a violation. Did they get Building Permit to put things there? MEMBER DINIZIO: Well I think we should have something in writing that would be fair. MR. CHAIRMAN: Alright, the appeal is 4223. This is a request for a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a. building permit application for a deck along a proposed a deck addition proposed within 75 feet of the bulkhead along Dawn Lagoon. its Article XXIII, Section 100-239.413 of the Zoning Code. Location of Property is 1010 Maple Lane, Greenport, N.Y. , Lot No. 60 at Cleaves Point, Section 111, County Tax Map Parcel 1D 1000-35-5-27. The subject premises is substandard in size in an R-40 Zone District. I have a copy of a sketch of a survey no specific date indicatijig the approximate distance of this proposed deck at 43 feet 8 inches which is primarily a concrete extension leading to the steps actually its a concrete extension which is a grade but where as closest point were 43 feet 8 inches on the Page 36 Regular Meeting of April G, 1994 Southold Town Board of Appeals bulkhead and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Let me guess, you're representing this one too? OK. LINDA: I would like to add that since we made the application we received BOARD CLERK: I can't hear you Linda, I'm sorry. LINDA. Since we ma.de the application we received a waiver from the Town Trustees and a letter of non jurisdiction ----- Mr. Brehm is here tonight and Mrs. Brehm ---- MR. CIIAIRMAN: Are there any roofs going to be placed on this deck? No, this is completely an opened deck? OK. Do any of my fellow board members have any specific objections to this. BOARD CLERK: No problem. MEMBER VILLA: Yeah, I have. Why couldn't that deck just be brought out to the extension of the closed in area and not off at an angle so we gain a few more feet because its 48 feet to the deck and then you've got three steps going down which brings it even closer? 45 feet, you're going to be down around 40 feet by the time you come close to the one we just did before was 48 feet to the if you just ran that deck out straight instead of fanning it like it is it would be a little more palatable. Its still 12 feet deep. LINDA: You're speaking of the concrete extension now. MR. CHAIRMAN: Why don't you come up here Linda and we'll MEMBER. VILLA: The proposed wood deck on the north side. LINDA. OK, the step that's going to be closer to the bulkhead is 43 feet 8 inches. Page 37 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. CHAIRMAN: He's asking why that can be why that can't be squared off and and MEMBER VILLA: Instead of fainting out towards the water just run it straight in line with the closed in addition there and it will bring you about 48 feet which is what we just gave the neighbors. MR. GRATTON: My name is Don Gratton. MR. CHAIRMAN: How are you Mr. Gratton? MR. GRATTON: Yes, the question whether or not those steps could be squared off? MR. BREHM: Yes, they could be. MEMBER VILLA: Not the steps, the whole deck. MR. BREHM: Oh! MEMBER VILLA: Because you're still going to have steps coming down from the deck. MR. BREHM: Its possible. I did it for the aesthetic value of it. I'm one who likes something better, different than just a square or rectangular deck and the best water view is off to the left towards the water. The lagoon curves just about the southwest corner of our bulkhead and a so for those two reasons is the way or the reason that I designed the deck in the way that I did and also we wanted as much deck area as we could get we do considerable entertaining and we want to approximate 480 square foot deck. Any other questions? MEMBER VILLA: Well that's not a mitigating condition. I mean there just asking for something in excess of what we can grant. Page 38 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. CHAIRMAN: I guess the question that we should ask you in reality you know instead of beating around the bush can you live with 48 feet? MR. BREHM: Lets see. 48 feet would be to the edge of the porch? MR. CHAIRMAN. Yeah. MR. BREHM: Well its always possible to live with, I'm not sure --- and a to put the deck on it with that restriction. MR. CHAIRMAN: Oh. Well, we'll ask you, we'll ask the audience if there is anybody else would like to speak and we'll recess it and kick it around later and see what we can come up with. MR. BREHM: Very well, thank you. MR. CHAIRMAN: Thank you. Anybody else would like to speak either for or against this application? I see no hands I'll make a motion closing the hearing reserving decision until later. All in favor? MEMBERS: Aye. MR. CHAIRMAN: I, OIi BOARD CLERK: Mr. Brelim has something else to say. MR. BREHM: Yes, may I add something? A, I just looked at the sketch here the 48 feet a 48 feet 4 inches plus or minus a does come to the deck there without the steps. Now, I'm not sure what the question was. BOARD CLERK: Bob, is that what your talking about? MEMBER VILLA: That's not what shows on the ----. MR. BREHM: If you asked if the, if that could be squared off. MR. CHAIRMAN: Why don't you step over here and Mr. Villa. t • Page 39 Regular Meeting of April G, 1994 Southold Town Board of Appeals BOARD CLERIi: Bob, here take a look at this, this is a better scale. That one you have is so little its hard to read. MR. BREHM: The way I understood the question was whether or not this deck could be made rectaiigi.ilar and of course it can't to become within the 48 feet. Well, the 48 feet from the bulkhead would come to this point and that's the corner of the deck. MEMBER VILLA: That's not what it says here. It says 45 feet ---- If you can pall this point so that its 48 feet on the bulkhead ---it can probably be because that's what we gave your neighbor. MR. BREHM: Yes, I don't know MEMBER VILLA. Whether its 45 feet or less then I'm not happy --- MR. BREHM: I see, OIi so there's discrepancy between this sketch and the survey. MEMBER VILLA: Yes. BOARD CLERK: Yeah, threes two different maps in the file so. MR. CHAIRMAN: The outer edge of the bulkhead. Is that where the problem is? MR. BREHM: I'm not sure why the discrepancy. MEMBER VILLA: I'm not either. LINDA: Are you looking at the second one? MR. CHAIRMAN: We haven't establish that yet. BOARD CLERK: OK, I've got to look at the dates and when they were submitted. LINDA: The second one I gave you BOARD CLERK: March 25? LINDA. No. r Page 40 Regular Meeting of April G, 1994 Southold Town Board of Appeals BOARD CLERK: Yes this is the newest one here on top. MR. BREHM: This is my old one this is the one I had. BOARD CLERK: Oh! I make copies and I, usually put it in the boxes the same day I get it. ------ MR. CHAIRMAN: Yeah, Do we have an amiable figure here? MEMBER VILLA: As long as the deck doesn't approach more than 48 feet I'm happy with it because that's all we gave the neighbor and I live with that but if its going to be 43 feet then I'm not happy. MR. CHAIRMAN: OK,' you're welcome to stay or call us tomorrow whatever the case may be. We'll dismiss LINDA: Just before you do the steps. MR. BREHM: OIi, I'll worry about the steps. MEMBER VILLA: Can you relocate the steps? MR. CHAIRMAN. There saying the deck Bob. MEMBER VILLA: Yeah, I know that. MR. CHAIRMAN: Thank you. 8:40 P.M. MR. CHAIRMAN. Alright, the next hearing is on behalf of Thomas and Joan Kelly. The legal notice reads as follows: Its number 4226. This is a request for a variance based upon the Building Inspector's March 10, 1994 Notice of Disapproval concerning a building permit application to locate a storage building within 75 feet of the bulkhead along Horseshoe Cove at Cutchogue Harbor; Article XIII, Section 100-239.4B of the Zoning Code. Location of Property: 1050 West Cove Road, at Nassau Point, Cutchogue, N.Y. , . County Parcel ID 1000-111-5-1 containing 1.54 acres. Nancy, you produced this right? OK, from Steelman & Samuels. r Page 41 Regular Meeting of April 6, 1994 Southold Town Board of Appeals NANCY STEELMAN: Samuels & Steelman. MR. CHAIRMAN: We have a survey site plan map dated 10/15/93, indicating the proposed storage building at the bulkhead which is in the rear yard area towards the Gluckman property, probably within 40 to 60 feet from the Gluckman property, OIL? You're welcome to speak. Is there something you would like to say? NANCY STEELMAN: Well, I think the application does state forward that primarily they're using it for boat storage, there are some stairs, existing stairs now that are being reconstructed right to the beach. From up to the edge of the bulkhead too much they use it for windsurfers and various sunfish and then there is an existing patio that it will be seen adjacent to ---- MR. CHAIRMAN: I should point out to you that this board really does not-- has not granted any of these on the west side of Nassau Point. OK. We don't consider the--, I shouldn't say we, I don't, I'm not even going to get to that point. The consideration OK, on the west side of Nassau Point is the fact that unless you have a high bluff area then there is a hardship. OK, there is not necessarily that situation here. OK. NANCY STEELMAN: There is some bluff, but not a high bluff but some. MR. CHAIRMAN: Yes, not a high bluff, right. I mean I went down the stairs, I mean the walkway, and so on and so forth, that I am aware of that. We definitely will discuss it, you know, that's all I can tell you. f Page 42 Regular Meeting of April G, 1994 Southold Town Board of Appeals NANCY STEELMAN: OIi. Can you give me a reason about the west side of Nassau Point. MR. CHAIRMAN. Well, we don't consider it to be a real hardship, OK, and on the east side you know you have 85 foot I, I don't know if you refer to them as bluffs, there really not bluffs there, hills, OK. NANCY STEELMAN: OIi MR. CHAIRMAN: And we can see that there is a necessity no one would ever try and drag a sailfish up or a sunfish up 85 feet you know to the top of the bluff. OK, and in this particular case NANCY STEELMAN: 1 think there is a post garage that's going to be under construction pretty soon which is close to elevation change of 18 feet which was the only other area which it could store any other kind of accessories. So there is a little bit of a climb here yes its not even 5 feet but there is up there. MR. CHAIRMAN: In other words they are going to apply for a garage? Is that what your saying? NANCY STEELMAN: There is now currently, I think its out of your jurisdiction I would say 5 feet. MR. CHAIRMAN: Riglit, I saw it there. NANCY STEELMAN: Yeah, so you know if there is, there is some distance between the edge of the bulkhead and that other storage area being available. BOARD CLERK: How far is the driveway? MR. CHAIRMAN: . Its all the way over here. BOARD CLERK: The driveway? 3 ti Page 43 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Yeah, well that garage probably will come before us because its going to be in the front yard area. BOARD CLERK: No, not on waterfront property. MR. CHAIRMAN: Oh! that's right its waterfront property. I apologize, you're absolutely .correct. NANCY. STEELMAN: I know, I've been before this Board and I know you changed, so that was part of the rational for this also is quite away from water and 'there is a hike back up to that garage. MR. CHAIRMAN: Right. Well, we can on of two things here. You can speak to the applicant and get back to us we can recess the hearing. You can ask for a specific spot hopefully 75 feet landward of the bulkhead. NANCY STEELMAN: OK MR. CHAIRMAN: Upper neck, there is parking area behind that little bluff area, actually its a, you know I would hate to see you lose the you know, because I mean you know there certainly is an understanding that these things are needed in reference to people who have waterfront property. NANCY STEELMAN: Right, right. MR. CHAIRMAN: Why don't you do that and we'll a NANCY STEELMAN: OK. See the location of the other side of that bluff area. MR. CHAIRMAN: All riglit? Is that alright with everybody. Thank you very much. Anybody else like to speak either for or against this hearing? I see no hands I'll make a motion recessing it to the next regular schedule meeting. All in favor? r Page 44 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MEMBERS: Aye. 8:46 P.M. MR. ClIAIRMAN: The next hearing is in behalf of Thomas and Roby Gluckman. Legal notice reads as follows: This is an application with amend►rients, concerning the property known as 1350 West Cove Road, Nassau Point, Cutchogue, NY. County Parcel ID 1000-111-5-2: a) a variance rcgt.te:sted based upon the Building Inspector's February 23, 1994 disapproval concerning a building permit application to alter an existing garage with attached guest unit, which will include an expansion .of the guest unit by more than 50 percent of its present size, Article XXIV, Section 100-241 of the Zoning Code; b) a variance based upon the Building Inspector's March 4, 1994 disapproval concerning a building permit application to construct an in ground swimming pool, pool house, deck and fence enclosure, a copy of the survey dated March. 8, 1994, indicating the proposed . improvements on this site indicated in the legal notice I just read and a copy of the Suffolk County Tax Map indicating this and the surrounding properties. Mr. Kapell you have been very patient tonight as your applicants have, its a pleasure to see you in your new roll for us. How are you? MR. IiAPELL: Fine, and you Sir? MR. CHAIRMAN: Very good. f Page 45 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. KAPELL: MR. Chairman, Members of the Board, BOARD CLERK, thanks for hearing us, David Iiapell, 143 Sixth Street, Greenport, N.Y. , on behalf of the applicants, Thomas and Roby Gluckman, who are here with us this evening. I'm going to approach these one at a time. With respect to the conversion of the garage and the expansion of the guest unit that is currently located in the garage to occupy the entire garage my clients have an 11 member household and as big as the main house is, its not big enough and when they bought the property they bought it with the intention of expanding the existing guest unit into this garage area. That as you know this is a well oversized lot in a one acre zone and they have a very real need for additional bedroom space and that's what .causes the application. In connection with the pool and the pool house, first let me point out that the deck surrounding the pool house will be concreted grade. This is not going ------------ to drop down on the former deck. I guess you've been down to the site and you seen the topography that we're dealing with. Thuse folks have a severe drainage problem in the area of the driveway, both the preexisting driveway and the new driveway that they constructed and the topography of the site dictates that this is the sole location of the pool which would be satisfactory, and that gives rise to the request both for its location partially in the side yard and in the front yard and also the proximity to the bulkhead being _60 feet to the nearest corner of the pool. Essentially with respect to the setback our problem is 15, feet to the pool being within the 75 feet. These are our problems and I would be glad to answer and questions you may have on this. Page 46 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. CIIAIRMAN: Just going back to the garage this is proposed to be sleeping quarters only? MR. KAPELL: Yes. MR. CHAIRMAN: Right and its my understanding that during the period of the time that you are applying for this there is going to some covenant on the property, that its not going to be further subdivided? Is that correct? MR. KAPELL: No, I didn't say that. MR. CIIAIRMAN: You never said that. I didn't say that you said that, that's what I heard. MR. KAPELL: No, I don't think that has been said. MR. CHAIRMAN: That's not been said. MR. KAPELL: No, no. MR. CHAIRMAN: That's not been said. MR. KAPELL: No. What we are willing to covenant is that this building will not be rented. Its not going to be occupied as a second dwelling unit on the property, and we're perfectly happy to file a covenant on the deed that its not going to be rented. BOARD CLERK: It will be for family use only to, right? MR. KAPELL: Excuse me. BOARD CLERK. Family use only to, right? MR. KAPELL: Strictly family use. MR. CHAIRMAN: The pool house is going consist of what? MR. KAPELL: The pool house is going to consist of MR. CHAIRMAN: I have the plaids in front of me but I just what you to recite it. } Page 47 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. KAPELL: A of, Its going to have three changing areas, a toilet, a small wet bar and a you know like a little sink station, a shower, what's referred to as a lounge area and in the back of the building a. couple of storage areas for pool and play. MR. CHAIRMAN: The only one that we granted most recently was across the creek from you on the other side on Orchard Road and there were specific requirewe� nts that we had on the pool house in reference to doors to the lavatory areas and shower areas being open to the exterior of the building. MR. KAPELL: You what them opened to the exterior as opposed to the interior? MR. CHAIRMAN. Right. MR. KAPELL: Or can they be opened? MR. CHAIRMAN: Right. Well I think they can be opened to both but we wanted them opened to the exterior of the building. MR-. KAPELL: The lavatory and what? MR. CHAIRMAN. The slower areas. MR. KAPELL: I see. Do you have any problems with that? MR. & MRS. GLUCKMAN: No, no problems. MR. CHAIRMAN. It looks like a fairly extensive building and its somewhat similar to the one that we granted on the other side . of Cutchogue Harbor, except that that one was going to have a helipad on top of it at one time. We kind of got him out of that idea really quickly. MR. KAPELL. We're not going for to that extent. Its not that extensive. Page 48 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. CHAIRMAN. So its not that extensive? MR. KAPELL. Yeah. MR. CHAIRMAN. What is the approximate height of the swimming pool above grade? Does anyone know at this point? MR. KAPELL. I can tell you approximately if you give me just a moment. Roughly 25 feet. 22 to 25 feet. MR. CHAIRMAN. Well its not above deck. That's 25 feet above sea level. MR. KAPELL. I'm sorry, above sea level. MR. CHAIRMAN. Above grade, what do you think, 3 feet? MR. KAPELL: The pool itself? MR. CHAIRMAN: About 3 feet? MR. KAPELL: 3 feet. MR. CHAIRMAN: Alright, those are all the questions I have at this time. There is no intention of ever enclosing the pool is there? MR. KAPELL: No. MR. CHAIRMAN: Bob, or anyone else? MEMBER. VILLA: About the question you refer to the guest cottage, when I was down there .the workman said that use to be the chauffeur's quarters. MR. KAPELL: We are trying to be candid with you. We have no idea how the unit was used. P really can't tell you. All I know is when the Gluckmans bought it there was a bathroom and there's a room and they were there. flow Mrs. Wheeler or her predecessors used it we have no idea. f Page 49 Regular Meeting of April G, 1994 Southold Town Board of Appeals MEMBER VILLA. Alriglit, and I was there and I looked at the grade and it would appear to me that that pool could be pivoted around so you can get the 75 feet without much problem. You really haven't proven any hardship. You certainly have the area to do it. I can't understand why we have to grant when we can get the 75 without a problem. MR. KAPELL. Well, our problem is that the drainage problem we have in connection with our driveway is such that the road contractor informs us that we 'have to create essentially a berm down towards the pool house and up towards the shoulder of the road in order to have proper drainage. There is going to be elaborate drainage installed in connection with this driveway. MEMBER VILLA: Yeah, but that's got to be done, that's got to be done landward with the pool house and that doesn't affect the pool, the pool could be pivoted around so that you can get the 75 feet without any problem. MR. IiAPELL: Can you show me what you mean? MEMBER VILLA. All you got to do is pivot it closer towards the house. MEMBER VILLA: You're going to have to either get the water to go this way or this way. MR. ILAPELL: No, we're trying to ---- both sides. MEMBER VILLA. So, all you do is take this pool and go like this and at this point this corner becomes over here and you pick up your 15 feet and the pool now runs this way. There's no big deal there. MR. CHAIRMAN. Tommy and Roby why don't you come up? t . Page 50 Regular Meeting of April G, 1994 Southold Town Board of Appeals MEMBER VILLA. I'm the bad guy because I try to enforce the codes and we try to protect our surface waters and everything else and everything else runs off this way so MR. KAPELL. I just want to correct that Mr. Villa. What we are tryingto do is the opposite. MEMBER VILLA. I realize that. MR. KAPELL. Our draiiiage plan, this doesn't show the new road which is here. Our drainage plan is to create a pitch back in this direction to contain the runoff on this property and to direct it away from the water which is where it currently goes. MEMBER VILLA: But this pool could just be pivoted so that you pick up the 15 feet to this corner here 75 and that shouldn't be a major problem. MRS. GLUCKMAN: There's only one problem. We have a big problem here. Not only if you look at the topography we have a problem here. There's a major slope here and we can't bring it up to grade otherwise the water will go right back to the house. MR. KAPELL: There is 35 feet Bob there you're right. MEMBER DINIZIO: They'll be going up hill if they do that . They'll end up probably 5 feet on the other side. MEMBER VILLA: There's not going to be any problem. The pool is going to be 3 feet above grade as it is. That's what said. MRS. GLUCKMAN. But this is 5 feet above grade and if we raise it up too high we're going right back MR. KAPELL. They have to go closer to that 25 foot contour so that on the other side there's a whole lot more slope right here. r Page 51 Regular Meeting of April G., 1994 Southold Town Board of Appeals MEMBER, DINILIO. ------------45 foot contour .right here. MR. KAPELL. Right, but look how close the 20 foot is where you put MR. DINIZIO. There's 20 so. MR. KAPELL. Right, but look to see how wide it is at one point and then it closes right tip. There's a good size slope. MEMBER VILLA. The pool is up almost up to 25 feet here. MR. KAPELL. Right. MEMBER VILLA. So if you run it like this you're going to be I, I think you would think that 15 feet would be MR. KAPELL: The angle of the slop --- here it's constant versus, here you're going into the slop. MR. CHAIRMAN: Nancy, do you want to comment on this? You're welcomed to cootie up if you want. MEMBER VILLA: You're building a concrete structure here which shouldn't present a problem. I can't quite see it myself. It ----- there between 75 feet for a reason I would you know. We usually give it because there's no place 'else to put it or its a smaller plot. You got amble room here. MR. CHAIRMAN: That's what happens when you get two engineers together. MRS. GLUCKMAN: -------I want just want to check a little bit on what's proposed on (too many people speaking at one time) MEMBER VILLA. Where you say its you're probably ----- MR. GLUCKMAN. ------ ------ there's a tremendous drop at the other end of the pool. r . Page 52 Regular Meeting of April G, 1994 Southold Town Board of Appeals (Can't distinguish voice) You have a drop then from this edge of the pool down --------- slope is that it? MR. RAPELL. This is fairly flat. (Can't distinguish voice) . What's the elevation of the pool? Mr. GLUCIIMAN. About 22-23 feet. (WOMAN) OK, so you're very close to -- MR. GLUCIIMAN. If we stay in that area we don't have a problem. It's fairly flat. Where the problems are either on this side or on this side. That's where the grade change takes place. That's why we chose this location and I know its been looked over in great detail by both the road contractor who is creating the drainage for the road and by the pool contractor who is going to install the pool. We really feel that this is the only location where we can put it. Woman's voice) I just like to know too that my client doesn't have a problem with the location of the pool here. They're only concern was screening along this edge. MR. GLUCIIMAN: No problem. I spoke to ------ MEMBER VILLA. What's your pool house going to be? What elevation your pool 'house going to be? It's going to be at the same elevation? MR. GLUCIIMAN: No, this is going to be a 20-25 feet. Its fairly flat here. MEMBER DINlZIO: No, all I'm saying is that one side of the pool is going to be very ---- You're still going to have to move all of this. MEMBER VILLA. You're going to have to grade anyway because you're going to be cutting in. If this is going to be an elevation of say 22 you're MR. GLUCIIMAN. That's an existing elevation. t . Page 53 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MEMBER VILLA. You're saying that the pool is going to be about 3 feet above grade: So if you're going from elevation 28 ,you're saying its going to be 3 feet, right? So that's 22 back here, you're going to be down about 5 feet from the bank if you're telling me that's the way the grade goes because here is 25 ---- 35 you're going to be about 6 feet into that bank cutting down you've got enough build to bring down to put into that pool if you relocate it because this is going to be at least 22 you're going to be fighting like heck into there. (Voice unknown) ------------ Will have no problem if we prime directed that way because if its sticking up MEMBER VILLA: You're going to still be directing it back here because whatever you do you're going to try and contain the water Here. (Voice unknown) The grade runs here you know and you sought of shooting it up because ------ MEMBER VILLA: Good, that would be great here because this pool house and the pool is going to be at the same elevation. You're not going to be working up and down steps? MRS. GLUCKMAN: Mr. Villa I just spent 2-1/2 hours with Mr. Corzini today and it is very important you speak to him also because he got to actually regrade the whole thing so that it goes back. MEMBER VILLA. 'That's right and you're going to be doing that landward of the pool louse. MRS. GLUCKMAN. No, we have two problems. Yes, but we also have this problem. r . Page 54 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. GLUCKMAN. We don't want to regrade all of this. MEMBER VILLA. But you're going to be doing, it anyway because you're going to be cutting into this. This is going to be an elevation (too many people speaking) . MR. KAPELL. What it boils down to it is going to substantially affect the aesthetics of the site if they start to disturb the grade in that area. That's what it really boils down to so I think it would cost the applicants to maybe reconsidering the entire project at that point. MR. CIIAIRMAN: Can I just ask a question? Is there any need Bob for you to go down there and meet with any of these people prior to us making a decision or prior to your making a decision? MR. VILLA: I just can't see where we established. a hardship or a fact why we can't pivot the driveway? We got amble room to do it and they ever grade to me it looks like its going to be altered anyway. If there pitching that whole thing back there going to have to work on it. Its nice you have a plan and you want to stick to it but we have to always give. MR. KAPELL: Well let me just say that we have sat here tonight through several other various applications and there are a number of them involved ---- set back ------ with some much more severe than what we are asking for. This is relatively minor considering some of the other request you have before you tonight. We have a functioning bulkhead, I don't think we've threatened the water in anyway, shape or form. Frankly, we have two bulkheads between this pool and Page 55 Regular Meeting of April G, 1994 Southold Town Board of Appeals water. I think its a little out of contents to consider it such a severe ---- MR. VILLA. Well you liave to also justify you're action when you have a lot that is this big that you can work with. MR. IiAPELL. Well, if you've been down there you see the topography of the site. There's a hill that rises up like this behind this property. MEMBER VILLA. I realize that. MR. hAPELL. So most of the property is unusable for the purposes of this pool. It so happens that this is the only site we feel we can work with and that's our, hardship. MEMBER VILLA: And its a minor deviation really to just shift it back 15 feet. MR. CHAIRMAN: Is. there any way that we can -------- any ------ on this, I mean I'm not trying to put Mr. Villa in an awkward spot. MEMBER VILLA: I would like to see the pool laid out the way it shows here and then where the 75 foot line would be. MR. KAPELL: Sure, I'll make sure that is done. MEMBER VILLA: Right.. Give me a call I'm home. MR. KAPELL: Ok. MR. CHAIRMAN: Now, we'll call, you know, barring any other discussions here we'll close the hearing but remember we have`a time limit running. I know that you have a time limit too because I'm sure you want to get most of this work done in the spring. BOARD CLERIi. We have 62 days. t Page 56 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. KAPELL. No, but we would like to accommodate the board in any way we can. MR. CHAIRMAN. So, lets see if we can come to some agreement. MR. KAPELL. Sure. MR. CHAIRMAN. Prior to this, you know there doesn't appear to be any other particular problems. MR. KAPELL. We'll have it state so that its clear next week. MEMBER VILLA. Let him, let him set the grade at the top of the pool too alright. MR. KAPELL. Set the grade. You mean just a spot, a spot elevation? MEMBER VILLA: Yeah, as to what the top of the pool would be. If you're saying its 22 feet, lets see what the top of the pool would be, alright. MR. CHAIRMAN : Is that alright? MR. KAPELL: Yes. MR. CHAIRMAN: Maybe we can come to some agreement here prior to 'the vote and everybody ---- good. MR. IiAPELL: very .good, Thank you very much. MR. CHAIRMAN: You're welcome, thank you. Would anybody else like to speak in favor of this application.? Would anybody like to speak against the application? If at all possible a Saturday morning would be great cause I'd like to go also. MR. IiAPELL: That's fine. How about a week from Saturday? MR. CHAIRMAN. How about a week from Saturday? Are you going to be here? Lets see that's r •� Page 57 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MEMBER VILLA. Not the 24th, if its the 24th, its the week before -----I'm not going to be here. MR. CHAIRMAN. NO, no, no, I'm not going to be here the 24th. BOARD CLERK. The 16th, would be the 16th? A week from this Saturday? MR. CHAIRMAN. The .16th? MR. KAPELL. Lets do it the 16th. That's fine. MR. CHAIRMAN. Whcn do you want to go, 9:30 or 10:00 o'clock? MEMBER VILLA. 10:00' o'clock is fine. BOARD CLERK. 10:00. MR. KAPELL. We'll see you there at 10:00 o'clock. Thank you very much, I appreciate your time. MR. CHAIRMAN: 10:00 o'clock. Hearing no further comment I hereby make a motion recessing the hearing and, I'm, I'm sorry, closing the hearing and we'll hold the decision off until after the inspection. MR.S IiOWALSKI: Who wants to second that? MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS. Aye. 9:05 P.M. The next application is Richard and Dolores Principi. The notice reads as follows: We have a copy of a survey produced by Rodrick Vail Tuyl, dated November 3, 1993, indicating the proposed relocation of this parcel, relocation of the house on this parcel, cottage oil this parcel I should say and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard Mrs. Principi? Page 58 Regular Meeting of April G, 1994 Southold Town Board of Appeals MRS. PRINCIPI. I guess so. MR. CHAIRMAN. We'll grill you. Is there anything you would like to state for the record I should ask? MRS. PRINCIPI. No, I just have some pictures they recommended that I take some pictures and bring them. I think you've all been up there. What I want to point out when I talk about some of this, this is the line, the electric line that has to be moved and dropped and at a great cost. MEMBER VILLA. You got any estimates of the cost? MRS. PRINCI111. They said it would run about $5,000. This here is where my house has been moved, 35 feet from the bluff line. It shows that its behind all the other 8 houses that are around me. All Of these other louses MR. CHAIRMAN: Now, all the other 8 houses belong to you or a family member? MRS. PRINCIPI: No, no. There's one to the east that use to be the Webbs, I don't know who it is now. That's maybe like 10 feet off the bluff. There's another one further west, no east, that belongs to a stranger, I don't know who it is, but there even closer to the lot. MR. CHAIRMAN. So you don't own any of these? BOARD CLERK. You don't own next door? Because the town shows that you own the one inert door. MRS. PRINCIPI: I own part. It's a corporation and we are part of that. That's closer to the bluff. That's CPF. The one to the east of me is my brother-in-law and his is the about the only one that's behind the Roshin postal line of 30 feet. Page 59 Regular Meeting of April G, 1994 Southold Town Board of Appeals MEMBER VILLA. Who's that? MR. CHAIRMAN. That's ZCM. MRS. PRINCIPI. I1cre is all of the other cottages that are closer so I'm not going to start you know something that is 'different. As a matter of fact illy house going back I'm still further back than all of them, of all 8, including the two neighbors that are not any family members. MR. CHAIRMAN. Do you have any idea on how much bluff you've lost there in reference to in the past few years? MRS. PRINICPI. Yes, in fact I had a neighbor, he was going to a within the year the neighbor was going to buy the furthest house west and he has since past away so I don't have it. But we've had this for 35 years. The house that I have was like 2 feet to the bluff then, when I bought it. MR. PRINCIPI: Quite some time ago and then we had that first hurricane and it undermined and the whole shelf came down and we had a. good growth there too. MRS. PRINCIPI: So in 35 years I'd say we've lost 3 feet under the house and you rolled it away under the house and what we did we thought be thought we'd put some until we were financially able to fix it. We put some steel bars underneath it. MR. CHAIRMAN: I saw that, yeah. BOARD CLERK: Yeah, we have a photograph here. I don't know if you saw that or not. MRS. PRINCIPI. That's what we did too and then we have that all S Page 60 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. CHAIRMAN. So you're proposing 35 feet from the top of the bar? MRS. PRINCIPI. Yes, I'm proposing 35 feet to give me 5 feet away from the coastal erosion and these are all -the houses showing that there all so that its not that I'm going to be out of character. MR. PRINCIPI. The DEC gave us a, a, what is it, within 30 days we got a MRS. PRINCIPI. We got a. DEC approval the first time. MR. PRINCIPI. To remove it off the cliff and put it in a safe place which we realize right in front of the power lines and we put our piers in not knowing that we had go back to the building department otherwise we would of checked with them first. MRS. PRINCIPI: Then I talked with the town attorney. I wrote her a letter, she suggested that they remain one another amended from the DEC and they did it for us right away and that's when we picked it up. MR.. CHAIRMAN: Now, is this the purpose permanent foundation that this is on now? These pierces, or is this only a temporary thing? MR. PRINCIPI: No, no, the piers are dug down was a 3 feet concrete and we're ready to set it down. MRS. PRINCIPI: We didn't take it off. We still have it on the house movers----- MR. CHAIRMAN: I saw it. MRS. PRINCIPI. But its going to move over on those pilings that we have there. That will be 15 feet from the prop line because this is an R.&R Zoning. BOARD CLERK. It's in a temporary spot right now. Page 61 Regular. Meeting of April G, 1994 Southold Town Board of.' Appeals MR. CHAIRMAN. Temporary right now. MRS. PRINCIPI. The Ilellse, but the pilings are where we want it. That's where its staked out. BOARD CLERK. Is that '35 feet. Did you measure when you went out there? Was it 35 feet ---- MR. CHAIRMAN. Its in the range of 35 feet, I didn't measure it. The wind was blowing so hard I got out of the car and it blew me in one direction and I came back in the opposition direction. MR. PRINCIPI. Its beautiful if there is no wind though. MRS. PRINCIPI: I have some letters from the neighbors. You know their all in favor. They don't mind at all. MR. CHAIRMAN: Is there anything else you want to mention for the record? MRS. PRINCIPI: What, what do you need? MR. CHAIRMAN: Well we'll see if there is any question. MRS. PRINCIPI: What I'm trying to say is that this location where we want to put it, it would be financially better for us at this point in time. And the other thing is it, this location wouldn't impose any environmental disturbance whatsoever and because of the shape of our lot its very irregular lot. To go back I'd be facing everybody's backyards and the main and the main thing but, is going to take away my value from my water front and also the pleasure of enjoying the water from-the back and that's just what I want to stay. MR. CHAIRMAN. Let me just ask you a question. This here cottage, this was the cottage that was over, right? So now you've moved it over to here. This is what, this is not two cottages on there? s , Page 62 Regular Meeting of April G, 1994 Southold Town Board of Appeals MRS. PRINCIPI. NO, no. This is where it was. MR. PRINCIPI. We have an odd piece of property see and the surveyor put it, we maintained a side lines see otherwise MRS. PRINCIPI. And this here is a garage, practically hanging over that belongs to the other cottage. Mr. chairman. Right. Now that cottage you own a portion of it, its in the corporation ----? MRS. PRINCIPI. Yes, that's in our corporation. MR. CHAIRMAN: And do you own anything else down there? Just that one? BOARD CLERK: Then you're on this side too, right? MR. CHAIRMAN: No, her brother-in-law owns it. BOARD CLERK: Oh! Dominick is the brother, OK, sorry. MRS. PRINCIPI: That's OK. Sometimes the initials ----- BOARD CLERK: Yeah, fools me. MR. CHAIRMAN: There's basically 3 in, in or around the same relationship but you just own the one to the west, a portion, part of the one in the west? MRS. PRINCIPI: Yes. MR. CHAIRMAN: And after you get past your brother-in-law everything else has bucn deeded out to other people? MR. PRINCIPI. Right, Yes. Mr. CHAIRMAN. I'm sorry, what was the question? BOARD CLERK. There's a photograph of steel beams there. When was the steel beams put into the bluff area there? 4 Page 63 Regular Meeting of April G, 1994 Southold Town Board of Appeals MRS. PRINCIPI. We Put that in after the first, you see, all this damage was done in the last year, when we had the first storm but no name storm, I think in November. MR. PRINCIPI. It undermined see. Then the second storm, the whole shelf cattle down. MRS. PRINCIPI. And then there was another storm in December and I don't know when the other was. It was three together. BOARD CLERK. OIi MR. PRINCIPI. When we bought the place 35 years ago it was all bare. Then we threw leaves, limbs and then the ground covering came in and we had a good growth. BOARD CLERK: So those beams were put in there around November of last year? MRS. PRINCIPI: Yeah, yeah. BOARD CLERK: OIi, thank you. MEMBER : And once you put in to alter the building what's --------- oil those pile leaves? MRS. PRINCIPI: I'm not going to do. I'm just going to do exactly the satrie ------- Oh'. alter, I have to move, I have to move this bedroom from one side to the other side. Is that what you mean? MEMBER No, you're going to do a second story, or getting larger? MRS. PRINCIPI. No, its strictly a summer cottage. Its a its listed as a summer resident, seasonal residential something like that. MR. CHAIRMAN. There's no heat or anything in there? s . Page 64 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MR. PRINCIPI. No. We had belly stoves when we bought it and they were all stolen by the hunters years ago. MRS. PRINCIPI That's why we put the fence up because they've taken our couches, our stoves and whatever else. BOARD CLERK. Stolen by the hunters! MR. PRINCIPI. Even though we allowed them hunting but then some take advantage of it you don't want to, it always happens. MR. CHAIRMAN. That a tough right-of-way to get out of. Boy! I'll tell you. MR. PRINCIPI: 1 know. MEMBER VILLA: How do you reconcile the difference configuration of the building? Where it was it had a wing out to the (several people talking) MRS. PRINCIPI: Because its an R&R we had to do 15 feet instead of 10 feet or so►iwthing like that. BOARD CLERK: Yes, yc�ili. MRS. PRINCIPI: So we lost 5 feet. MEMBER VILLA: But you actually can put it on the side where its the closest, if you would of left it over there you would of had more room. MRS. PRINCIPI: But then my door and everything would be different. The way we had to tilt it for some how or other. MEMBER VILLA. I just: couldn't figure out what you did because it looks like you just slid it over. MR. PRINCIPI. No, that, that was that one bedroom was apart. No, we took it apart. The bedroom is where I had railroad tracks S Page 65 Regular Meeting of April G, 1994 Southold Town Board of Appeals underneath ---- on the beach. People thought I was ready to come down but it was pretty well anchored you know --------- . Well I knew eventually we would have to move it if there was another storm after. MR. CIIAIRMAN. Is diere anyone else who would like to speak in favor? Anybody against? I see no hands, I'll make a motion closing the hearing reserving decision until later. We'll kick it around tonight or MRS. PRINCIPI. How much later? Do you have any idea because the other cottages were a. little ---------along the water line. MR. PRINCIPI: There waiting for me to hook up back to where------ BOARDCLERK: You're not going to ask for the engineer's report? We talked to the Town Attorney about that before. MEMBER VILLA: Yes, we did ask her, she did ask for it. MEMBER VILLA: You Inive well water up there? MRS. PRINCIPI: Yes MR. CIIAIRMAN: Now, your engineer past away, is that correct? MRS. PRINCIPI: We had, we had an engineer that was going to buy the house to the west and he did a tape report of it, so I asked the lady who was going to buy it to send me if he would -------- and she just called me back this past week and she said he past away and I just couldn't take on a.notlier expense because no matter what he says its God's will. I mean he could say its going to erode one foot a year. If God comes along and does like he did with these last three storms. (Voice unknown) It may never happen. Page GG Regular Meeting of April G, 1994 Southold Town Board of Appeals MRS. PRINCIPI. Or it may not happen again. I've had it 35 years and I never lost so much. So what is, what is, you know, this engineer going to tell me? MEMBER Wouldn't you want to move it back further just in case? MRS. PRINCIPI. NO, I don't want to do it because I can't afford it right now and I'll be out of character with the other properties around there and it doesii't warrant it because when the time is right I would like to put a new home there and I, I just can't do it at this time. BOARD CLERK: IIow rDuch more is it going to cost for you to move it back? MRS. PRINCIPI: Oh! I'll have to do everything all over again. I'll have to do the pilings over, I'll have to do the cesspool, I've got to do water lines. MR. PRINCIPI: The piers are all in. MRS. PRINCIPI: I'm already into this project, its just being silly thing with $400 variance permit, DEC permits. I'm into it almost $13,000 for a shack. MR. PRINCIPI: I think if ►ny house has to go, I think the other 5 cottages are going to go first. MRS. PRINCIPI. It would just be out of character for me to put a new home in there when,. wlieu there all so bad you know in repair. BOARD CLERK. Iiow long have they been there, about? MRS. PRINCIPI. We've owned it for 35 years. T Page 67 Regular Meeting of April 6, 1994 Southold Town Board of Appeals BOARD CLERK. So its been there probably 35 years before that too, right? MRS. PRINCIPI. Yeah, I think a Mr. Williams from Southold ------ he had it quite a while. BOARD CLERK. Thanks. MR. CHAIRMAN.'Thank you. MRS. PRINCIPI. What is procedure now? Do I call, or how long of time so I can go back and tell the others? MR. CHAIRMAN. Why don't you call us. BOARD CLERK: In a day or two, probably Friday. MR. CHAIRMAN: Yeah, call us Friday, MRS. PRINCIPI: Thank you, thank you very much. BOARD CLERK: You're welcome. MR. CHAIRMAN: Thank you. BOARD CLERK: They have the lock off the gate. The chain is off too you said right? MRS. PRINCIPI: Yeah, actually we took the lock off and the chain wasn't locked. BOARD CLERK: OK. MR. PRINCIPI: The chain was up but MRS. PRINCIPI: So then we said . lets take the chain home so somebody doesn't put it Lip thinking, but also I just waist to ask you, it isn't that we're asking for a variance for something that we want to do, it was just nature that is forcing us into all of this and I think that should be taken into consideration at this time. MR. CHAIRMAN. Thank you. k. Page 68 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. PRINCIPI. Good night. BOARD CLERK. Good night. MR. CHAIRMAN. I see no hands again I'll make a motion closing the hearing reserving decision until later. All in favor? MEMBERS. Aye . 9:25 P.M. MR.. C IIA1 R.MAN. Appeal No. 4228 in behalf of Victor and Gail Rerisi, as contract vendees. This is a request for a variance based upon the Building Inspector's March 15, 1994, a copy of a survey produced by Robert Van Tuyle, P.C. , the parcel has a notch boat slip approximately across from Marine Place, closes portion to the proposed deck is 35 feet and its 53 feet from the proposed house. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard Sir? Ma'am? Both of you? GAIL RERISI. Igor the applicant ----- as contract vendees. This is a request for variance for relief from the 75 foot setback required for both headed properties pursuant to the Zoning Code, Section 100-239.4B. Before I go any further I want to give to the board consents that were obtained from the two adjacent property owners to the subject premises. BOARD CLERK: We have one of them already. MRS. RERISI. OIt, you have the original, 0K. The subject premises known as 800 Snug IIarbur Road, East Marion, a/k/a as Section 35, Block 5, Lot 37. The Subject premises consists of a lot 26,500 square feet in size, over 100 feet of which is bulkheaded property. There are practical dif.f.icultlUS with this lot in placing a dwelling within r Page 69 Regular Meeting of April 6, 1994 Southold Town Board of Appeals the envelope on -a lot of 26,500 square feet. Due to the unique character of the subject premises and this consists of the inlet which you refer to with the boat slip. The inlet is 60 feet wide, excuse me, 60 feet deep and 35 feet wide and this inlet intrudes into the property and further more this inlet is unique. It doesn't exist on any of the property aloiig the MR. CHAIRMAN. I know why too. MRS. RERISI. Do you? MR. CHAIRMAN. Yeah, because it belong to the owner who developed the property. MRS. RERISI: Oh, OK. Well in order to verify that I have a copy of the filed map and its map number 3521 which dates back to March of 1962 and it shows the subject premises as highlighted, now offered as an exhibit. That's the only one there with that notched inlet. MR. CHAIRMAN: Yes. MRS. RERISI: The relict' that we're requesting here tonight is not substantial. The proposed dwelling inclusive of the deck has variable setbacks from the bulkhead. There's a maximuili of approximately 90 feet and a tape is down to a minimum of 35 feet. That's inclusive of the proposed dwelling; and the deck. If you measure just to the proposed house to the bulkheading then you have a maximum setback of approximately 115 feet tapering down to a minimum of 53 feet. Now the minimum setback of 35 feet only occurs at the base of the inlet for the proposed deck, but for the inlet we would be able to conform, there would be no problem. I know we submitted pictures with the application but just in case there not readily available I f ' Page 70 Regular Meeting of April G, 1994 Southold Town Board of Appeals have pictures of the inlet taken from Gold Pond, taken from Snug Harbor Road aand on the reverse an aerial view with the subject premises indicated. MR. CHAIRMAN. This is a magnificent piece of property. MRS. RERISI. We think so, that's why we're here. OK, there will be not substantial change in the neighborhood also. In fact, in researching it, there are other properties in the neighborhood and which such relief has been requested and has been received and rather than go tlirouglr with you know a verbatim list I'm reading it to the board. Again, offer as an exhibit. It's just a partial list. This is a list of other properties in the area that relief has been requested and again also indicated on the filed map. The subject property is in orange and the other ones are in yellow. Also, previously according to the Board of Assessors Record, there has been a permit issued .oil this property and its permit number 42437 and that's for an accessory building and this permit was granted back to 1969 and there's also a picture in the files of the accessory building and it was located right at the base of the inlet. Again, another exhibit. Most importantly there are no other alternatives to placing the proposed dwelling on this lot. The DEC is requiring us to stay 75 feet away from the southeast corner of the subject premises. Once you try and put the proposed dwelling or an envelope outside that 75 foot are we are now in conflict with the 75 foot setback from the bulkliead and a.ga.in, but for that requirement we would be able to comply oil all counts but we just, we can't but for the inlet. If the inlet wasn't there. If it was just straight across there would be no t •; Page 71 Regular Meeting of April G, 1994 Southold Town Board of Appeals problem. I mean on a piece of property this size we're just running into a problem on where to put it. MR. CHAIRMAN. I'm only presupposing something before you finish. MRS. RERISI. Sure. MR. CHAIRMAN. Why didn't you place the deck on that side of the house. MR. RERISI: The deck is, by the way this is a proposal rather than have to come back to the board at a later date this is probably going to be the deck put in eventually, but the reason we did that it's just and envelope and its just, you know we stayed within the 75 feet is the arc in here for the 75 feet from the ---------- MR. CHAIRMAN. I see. MR. RERISI: OK, so we wanted to keep it in there and then you know we took this point to the proposed envelope for the house. The house is not going to be that big. It's just and envelope so that we don't have to come back to' the board at a future date I'm sure you know we are going to want to put a deck eventually, but there still is over a 100, well 90 feet from the deck to the actual canal. Which is again, which is just a proposal we have there we'll work with the board, but I didn't want to have to come back here a year from now after we built the lwuse. MRS. RERISI. But it, it goes right back into that are because the DEC is telling us to stay out of. That's why its on that side. MR. RERISI. It was, it was like juggling, I mean trying to get this thing to work. t � Page 72 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. CHAIRMAN. 1, I don't want to confuse you in your presentation, you were doing a. great job. Continue. MRS: RERISI. Oh! OIi. Now, lastly I would also like to point out that it doesn't itilpiiige upon the health, so safety or welfare of others and in fact we have authorization from the Town Trustees to build a one family dwelling and this just came the other day its permit number 4300. MR. CHAIRMAN: Thank you. OIi. Bob, you want to ask some questions? MEMBER. VILLA: Well, I have the same questions. You have a building envelope there that's 40 feet deep, 115 feet across, I don't have a problem with that envelope being 53 feet from the boat base, I can understand that but I can't see why the deck couldn't be position where it will also be 53 feet. MR. RERISI: Well, the problem is if you take 53 feet and you scale it, you don't have anything left for the deck. MEMBER VILLA: The deck could be put on the north side as far as that goes. MR.. RERISI: You still got to stay out of that 75 feet. MEMBER VILLA. No, no I'm talking you could even have that, you could even have the ducl� over there. MR. RERISI. No, its going to be a garage. That's where the garage is going to go. When it was originally shown that was wrong. There's going to be a garage at the end of the house. You want 53 feet, you can see where it brings it, you're almost into the 75 foot arc. t •, Page 73 Regular Meeting of April G, 1994 Southold Town Board of Appeals MEMBER VILLA. Well, who's dictating that 75 foot arc? The ----------- is basically disturbed land. MRS. RERISI. The DEC and in fact there's a letter in with the application where the DEC is giving us preliminary approval as long as we stay outside the 75 foot circumference. BOARD CLERK. Yes, yes, we have it. MR. RERISI. The DEC is really you know with the 75 feet it just messes everything Lip. MR. CHAIRMAN: Now, this property is for you guys, right? MR. RERISI: It's for us. Gail and I. She, she is just better at organizing things. MEMBER VILLA. We just went through two others and you know we were pushing for 48 feet. MR. RERISI: Well, well we had, we have one here where a variance was granted in that same community for 40 feet and again we're not asking, it's 90 feet frum the bulkliea.d and it's just because of that inlet. MEMBER VILLA: I realize that. MR. CHAIRMAN: Let me just ask you a question. Do you think that there may come a. time when you might rather put a cement slab? MR. RERISI. Here's the thing with a cement slab and that could very well be. However, and with a cement slab there's a natural grade going down so .obviously the cement can't be on an angle. Its got to be elevated. MEMBER VILLA. That's what I was saying before, you're still going to have ---- Y r , Page 74 Regular Meeting of April G, 1994 Southold Town Board of Appeals MIt. RERISI. You know wliere not and just even if you look at where that deck is proposed it's still within the building line of all the other Houses. It's still 90 feet there. You know we're not building beyond, its just MRS. RERISI. In fact, it's set back from the house to the north position to the north of it. MR. RERISI. If you look at Koch's house on that thing, in the back of Koch's house the deck is, only sticks probably maybe 8 or 9 feet beyond Koch's house. That's the building line next door. I had the surveyor put it on here. Again, I'm not trying to, I, I know what you're saying and I appreciate what you're saying. MEMBER VILLA: Can you do away with that boat slip? I mean some of that bulkhead looks like it needs repair already. MR. RERISI: Some of it is going to need some repair, but no, to start filling in, I think the DEC will ----. MRS. RERISI. I don't want to, Oli! My God! MR. CHAIRMAN: Just for the history of the parcel, the parcel belongs, belonged at one time, never belonged, it was developed for Mrs. Schwartz, I think is the daughter of Bern and Teddy Kaplan who developed the property and they had two boats. One was an attorney and the other one was a CPA and those boats were kept on that slip all the time they lived in Centereach. MR. RERISI. We have a picture, we have a picture here of a boat, of a boat in a slip. BOARD CLERK. That could be it, I don't know because this dates back to I think, the seventies. Page 75 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. RERISI. But, I. mean as far as the notches are concerned MR. CHAIRMAN. Their first development was in Mattituck, then they went to this on(-,, the next one they did. MR. RERISI. That's why we fell in love with it because of that notch and this to me is, yeah that's going to be a retirement house for us. MEMBER WILTON. If you lined up the decks then there is part to be the water you draw a line between your two neighbors' decks would you be ------ MR. RERISI: The neighbor does not have a deck. Koch doesn't have a deck next door., that's the back of their house. That's the actual back of their house and their house extends even beyond that. The house is like L-shaped, just, just that one corner, the south corner, but the north corner goes out even closer to the water and, and their house is, doesn't even conform. The corner, of their house is less than 75 feet to a. ' MEMBER WILTON:------- furthest back. That would be BOARD CLERK: There, there's a list in there. . ----some of them are setback to the houses and they were not for variances, they were built Without variances. MR. RERISI. I'm, I'm closer to the street. I did that not to ------up there. We worked on it and we tried to and then tried to conform with what the DEC waisted, it's a garde, I mean it's ----- MR. CHAIRMAN, It is a game. Yeah, a game of numbers. MRS. RERISI. Well, it's just in view of the fact the size property and to put it a. relatively modest house in there it's unbelievable the problems we're running into in placing it. If it drew an are of b Page 76 Regular Mecting of April G, 1994 Southold Town Board of Appeals 75 feet from the bulkhead and 75 feet from the other we would have room for a lean-to right in the middle. I mean that's a shame, but some of the other properties I don't think indicated the footage back from the bulkhead, if it goes down. There's one I think that's is 32 feet from the bulkhead and it goes up to 50 feet, there's one 40 feet, so there are instances in the area. MR. CHAIRMAN: R.ibht, yeah. MEMBER VILLA: 'I'll(:) proposed deck is 20 by 40. MR. RERISI: That's, that's just an envelope again. All I did Mr. Villa was put. ail envelope in. I mean, I'll welcome you on that. I have no problem with MEMBER. VILLA: I'm just trying to maximize briefly on the report before the ----- MR. RERISI: No, no, but we have 90 feet. We have like 90 feet here. MEMBER VILLA: OIi. I don't have a. problem with that. I don't have a problem with 53, I have a problem with the 35. MR. RERISI: What I did was -------. The house is not going to be any where near that, but it's going to be placed somewhere in there you know and then the deck you know I can't move it this way because of this arc. This, this 75 foot arc is right here. MR. CHAIRMAN. What Happens if we put a diagonal on the deck on that side Bob? MEMBER BOB . That will be fine. Hey, if I can go 48 feet to the other two, I could live with something like that. You know we got 58 feet ill the neighburhuud for this. Page 77 Regular Meeting of April G, 1994 Southold Town Board of Appeals MRS. RERISI. The only thing is I, I mean I'm, I'm not at necessarily adverse to the diagunal, but again, if I could distinguish this from the previous applications tonight, whereas I think for the most part those property lines in the bulkheading ran straight across and it was 40 feet or 48 foot more or less evenly across the property here but for this one corner. I mean we, in excess of the 75 feet,and that's the problem. MR. CHAIRMAN: Rig-lit. MRS. RERISI : Again, we're not necessarily adverse but I'm, I'm just distinguishing this to the prior applications. MR. CHAIRMAN. Oh, yeah, there's, there's a more unique----- to this of property, there's no question about it. You're absolutely correct. MR. RERISI: My proble►n is we're running into a time problem with, we're under contract to buy this property in. MR. CIAIRMAN: I'll give you a decision right now as soon as he comes up with a number. MR. RERISI: OIi. MEMBER VILLA. Well what can they 'live with?. I mean, you know you got an envulope fur a duck of 40 by 20. That's 800 square feet for a deck which is Huge. MR. RERISI. It's not guhig to be that big. MEMBER VILLA. You've got an envelope for a house that's 115 by 40 which is huge. BOARD CLERK. They say their flexible. MEMBER VILLA. OK. f Page 78 Regular Meeting of April G, 1.994 Southold Town Board of. Appeals MR. RERISI. The deck, I think is 18 feet. MEMBER VILLA.. It shows, I scale it off at 20 because there's no dimensions. MR. RERISI: It should be I think it's 18. Maybe it's 20. Can you let me go 15 feet? I might not even build this deck. I mean I just here so I don't have to pay another $400. MEMBER VILLA: Well, that, that's why I wanted to address it at this point too, so that MR. RERISI: No, I appreciate that. MEMBER VILLA: We don't give one variance and then come back for another variance. MR. RERISI: I don't want to do that. MR. CHAIRMAN: Why doii't you make it 45 Bob for the unique ----? MEMBER. VILLA. Make it 45 alright. MR. CHAIRMAN: We'll give you 45 and then you know. MR. RERISI: Can I just show you what 45 does in that. MR. CHAIRMAN. I understand, I know it does, but I'm suggesting that you clip the deck or at least some way get creative because there's no view in that direction anyway. MR. RERISI. OIL, so if I do 40. MEMBER, VILLA. You're house might not be, you're house might not be 40 feet deep. MR. RERISI. No, no, might not. be. It might MEMBER VILLA. It miglit. be 36 or 34. 40 is an average house, you're picking up distance there too. r Page 79 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. RERISI. We're over here. If you take 45 feet, this is 50 that's 45, right? Look what it does, look at. the arc, I can't, I can't ---- I mean if you roll this thing around it. MR. CHAIRMAN. Yeah, but I was suggesting you might do, you might is you Might, you might put you might cut a scallop out of this and put the stairway goiiig in here or going down from here. MR. RERISI: You waist me to cut out a whole corner I'd be more than happy to. MR. CHAIRMAN: I'm just. You know this may all change in, in years to come but at least we have some figure tonight, because I don't want you to go away, you know we're fighting over a deck which is really something that's going to be built in the future. MR. RERISI: Can I take out, can I take out a corner on that deck if it's alright with the board? Right out of the corner how about taking out a maybe 9 by 9 out of the corner by just lock out that corner? MR. CIAIRMAN: Well that's going to be the same thing. MEMBER. VILLA. You waking this distance the nearest the nearest distance to that. lagooii 45 feet? MR. RERISI. Yeah, MEMBER VILLA. Fine. MR. RERISI. What I'm saying is if we can do this --- If we can just lock out a corner like this? BOARD CLERK. We're giviiig you a building envelope that you can work in, that's all, you can change it. MR. RERISI. Yeah, that's what. I mean. MEMBER VILLA. I don't even know if you designed your house yet. Page 80 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. RERISI. I haven't.. I call show you pictures of what I want. MEMBER VILLA. So you end, you end up now with an envelope and you design a house and a deck to fit in there. That's all you do. MR. RERISI: OK, call we, then call we agree on taking out on the corner of the proposed deck 9 by 9 just to ------- from that side over there? BOARD CLERK: There going to give you a setback. You're going to get the setback. It's probably a 40 foot setback. (All talking at one time) MR. RERISI: We'll negoLiate for 40 foot setback if it's alright with the board. MR. CHAIRMAN: OK, whose making that motion? No, no structures any closer than 44 feet. BOARD CLERK: Wllo, wlio made the motion? MR. CHAIRMAN: Bob? MEMBER VILLA: Yeah, I'll make the motion. MR. CHAIRMAN. Thank you. MEMBER I'll second it. MR. CHAIRMAN. All in favor? ALL MEMBERS. Aye MR. CHAIRMAN. Have a lovely evening. MRS. RERISI. 'Thank you. (All talking at one time) 9:43 P.M Mr. CHAIRMAN. - ----Frank R. Zaleski, whom I've known for years. How are you Frank? BOARD CLERK. Frank 'Zaleski. Page 81 Regular Meeting of April G, 1994 Southold Town Board of Appeals MR. CHAIRMAN. Appc�.d No. 4229. This is a request for a ZBA review and determination confirming and recognizing this vacant lot as exists with nonconforming area width, depth, Article XXIV, Section 100-244 of the Zoning Code, location of the property, Lot #11 on 1965 Filed Map of Deep .Hole Creek Estates, a/k/a 1100 Theresa Drive, Mattituck, County Parcel ID 1000-115-13-, (Mr. Chairman a-ad BOARD CLERK discussing) MR. CHAIRMAN: OK, Map drawn May 2, 1985, Roderick Van Tuyl P.C. , lot of 100 x 18G variable and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area, assuming this is the piece, one of the pieces in back of his house. Is that correct? OK, you're on Mrs. Moore. PAT MOORE: OK. First, I''d like to say hello to everyone. This is my first, cliance to be before a board after being the Public Sector---. Here I am. Real. life. MR. CHAIRMAN. Mr. Doyen wanted to know what you meant by that? Don't you remember the hard time we used to give this nice lady? MEMBER DOYEN. Ycali, I know, that's what I said. PAT MOORE. That's right acid I missed you so much. MR. CHAIRMAN. It's funny, we don't miss him. PAT MOORE. Yca.li, but it was nothing compared to sitting on that side of the room. OK. As the papers described we are under contract right now and I have a. copy of the first and last page of the contract, irrelevant portions. Mr. Zaleski, Mr. & Mrs. Zaleski are selling to a Varity, Scott `and Patty Varity. The property, the lot, there is a sales price of $45,000 and that contract was made subject Page 82 Regular Meeting of April G, 1994 Southold Town Buar.rd of Appeals to confirmation that this is a buildable lot. When we did a single and separate search it appeared that there were common, points of common ownership, no fault of the Zaleskis, it was inadvertent once and I thing the affidavit states very clearly that once when the property a Mr. Zaleski was divorced the divorce attorney conveyed the property with both parcels on one conveyance and then again back when Mr. Zalcksi married the second wife she passed away and by operation of law the points were in 1984 and then in 1990 when Edna Zaleski died the property by was of E::ecutor's Deed ended with Mr. Zaleski. Those two points created the question that the buyers wanted some insurance that they were buying this buildable lot. When you look at, if you've gone to take a look at the property many of you, many - of the board members are already familiar with the property YOU can see that it is back-to-back to the parcel which is in fact that the Zalukis are living in that, that has a house on it is a. double size parcel, or almost double what this lot is and this lot 11 will call it the subject parcel actually backs up to about half of the Zaleski parcel. In addition, the property has been traaintained with a fence. The properties have both been maintained with beautiful landscape.. All of the landscaping has been kept very nicely. However, they've always been intended to be remained separate. Mr. Zaleski, all along through the conveyance and this property dates back to Mr. Zaleski's father that the same first name but different middle initial from 1943. So, since 43 this property has been in the family. Both properties where his wife and he lived as well as this lot. What else do we have? That is, that that's Page 83 Regular Meeting of April G, 1994. Southold Town Board of Appeals essentially the point. I want to raise. The rest of the documentation pretty much clarifies what I said a. far as the chain of title and the difficulty in cori1morr owrrcrslrip. My understanding is that the board has rec:ogrrized the subdivisions in the past. This particular map comes from July 7, 1966 subdivision which is known as the Map of Deep Hole Creep Estates. The date files up to subdivision map and it was created by the Plaiirihig Board in 65. If you have any questions Mr. & Mrs. Zaleski are here and I have a copy of the front and back page of the contract for your records to show that the property is under contract and would be significant hardship if the property was not recognized. MR. CHAIRMAN. Thank you. I don't have any specific questions. I am perfectly cognizance of the entire subdivision of that era so on and so forth. I'll disk anybody else if they have any questions of Mrs. Moore? MEMBER VILLA. Questioir, that would, that subdivision was actually incorporated a piece of it as an out parcel? PAT MOORE. Well, what happened was on the, the whole area was owned, all of that area. was owned by Mr. Zaleski's father. He first subdivided prior to the Planning Board being in creation. He created the parcels which liis 11OLISCI sits on, so that was their first parcel then, the, the, Mr. Zaleski's father then went to the Planning Board and subdivided this particular lot as part of the subdivision approved of in 65. So they come from two separate developments. MEMBER VILLA: One, oiie predates in 43 to 65, 1 was just curious as how it became part of a filed map. Page 84 Regular Meeting of April G, 1994 Southold Town Board of Appeals PAT MOORE: Right, right. MEMBER VILLA: OK. MR. CHAIRMAN: Jim? MEMBER DINIZIO: No. I have no problem at all. MR. CHAIRMAN: Yeali, who wants to make a motion. MEMBER WILTON: 1111 make the motion. MEMBER DINIZ10: I'll second it. MR. CHAIRMAN : All in favor? ALL MEMBERS: Aye. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK L Ii DATE � ,`��Q y HOUR LF Town Clexk, own o- Southold