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HomeMy WebLinkAboutZBA-05/03/1995 HEARING PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD May 3, 1995 (7:30 P.M. Hearings Commenced) P R E S E N T: HON. GERARD P. GOEHRINGER Chairman SERGE J. DOYEN, Member JAMES DINIZIO, JR. Member ROBERT A. VILLA, Member LYDIA A. TORTORA, Member LINDA KOWALSKI, Clerk-Assistant to Board Page 2 - Hearing _2anscript Regular Meeting of May 3, 1995 Southold Town Board of Appeals I N D E X APPLN.# APPLICANT PAGES 4306 ROBERT AND BARBARA VAN METER 4239 MARGARET BEST AND ADYLEN SYVERSON 4308 ROGER AND KATHLEEN WILSON 4309 THOMAS AND CARMELA CUNNEEN Page 3 - Hearing -anscript Regular Meeting of May 3, 1995 Southold Town Board of Appeals 7:30 P.M. Appl. No. 4306 - ROBERT AND BARBARA VAN METER MR. CHAIRMAN: This is a request, based upon the February 28, 1995 Notice of Disapproval issued by the Building Inspector, for a Variance under the Zoning Ordinance, Article III-A, Section 100-30A.3 to construct a 313"+- extension along the westerly side of the existing dwelling, reducing the setback from the established setback at 6.5 feet to three (or 3.2) feet. The subject premises contains a total area of approximately 9,700 sq.ft. and is located in the R-40 Low-Density Residential Zone District. Property Location: Corner of Opechee Avenue and Osseo Avenue, Southold, N.Y. ; County Tax Map ID No. 1000-87-3-24. I have a copy of the survey dated February 23, 1995, by Anthony W. Lewandowski, indicating the area. The proximity that the house is to the rear property line which is actually could be a side yard too because it has two front yards and the pencilled in area of the area that they are proposing to add on and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard? Anybody here for the first hearing? Is there anything you'd like to say, Mr. Harrington? MR. WEST: We're Harrington and West and we're just Builders for the Van Meters because they won't be able to make it tonight and I think they have all the paper work they applied. MR. CHAIRMAN: So we can now grill you? MR. WEST: Sure. Page 4 - Hearing -anscript Regular Meeting of May 3,' 1995 Southold Town Board of Appeals MR. CHAIRMAN: Instead of them. MR. WEST: Sure. MR. CHAIRMAN: Is there any particular reason why you chose to go in this direction as opposed to any other direction? MR. WEST: Their kitchen is very narrow. It's like 6-1/2 feet and the main objective is for them to get a little elbow room and the family's grown and they have a lot of kids coming 'out. We toyed around with a couple of different things and that's the only way to the side yard. It's the only direction to get the room. MR. CHAIRMAN: While you're standing up there, just let me ask the question because I'm sure the Board will have some questions. . Is there anybody else would like to speak in favor of this? Anybody like to speak against this application? Start down there with a ---- MEMBER VILLA: The little projection that goes out now to that same distance; what is that? A bathroom or what? MR. WEST: It's an outdoor shower'. That's the same; it's like 3-1/2 feet, that's what we propose to go out equal with that. MEMBER VILLA: What's on the other side, the living room? MR. WEST: Bedroom. MEMBER VILLA: Bedroom. Now, we don't have a floor plan anywhere in the submission so it's hard to judge. MR. WEST: Actually it's a bedroom and bathroom. A small bathroom. Those would all be given the extra three feet. There's a kitchen on the other side. MEMBER VILLA: Well, what's the size of the room now, that's the thing? Page 5 - Hearing _°anscript Regular Meeting of May 3, 1995 Southold Town Board of Appeals MR. WEST: Of what, the kitchen? MEMBER VILLA: Well you said the kitchen was about 6-1/2 feet. MR. WEST: Right. MEMBER VILLA: What's the bedroom? MR'. WEST: The bedroom is about 10, 10 feet and they got a bathroom, that's about 6 feet. It's a small bedroom, tiny, it's a small bedroom. Small bathroom. MEMBER VILLA: Going out to the south, side wouldn't work of making the kitchen, no, I could see very small, but what are they trying to accomplish? They're trying to get living space or ----- MR. WEST: Well, what they have is almost like a pencil with room going in that direction would just make it a longer pencil. MEMBER VILLA: Well, not if you put a room out there where you could use it as eating area. What are you trying to accomplish in the kitchen? I mean they've had it all these years and it has served as a kitchen. They probably can't eat in it. MR. WEST: No, they can't eat in it, no. MEMBER VILLA: So what are they trying to accomplish? Are they trying just to make it bigger or are they trying to make an eating area in it, or? MR. WEST: Yeah, they can hardly cook in it. I mean, it's, they could get by, but I mean it's a very, very small kitchen. They just want a decent kitchen. ( Inaudible) They want to have more room for cabinets and there's, there's really nothing in there. MR. CHAIRMAN: Jim? MEMBER DINIZIO: No, I have no questions. Page 6 - Hearing -°anscript Regular. Meeting of May 3, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Lydia? MEMBER TORTORA: When did they purchase the house? MR. WEST: I believe it was their mother's. BOARD SECRETARY KOWALSKI: It's on the Assessor's Card right here if you want the exact date, Lydia. It's on the left there. MR. CHAIRMAN: Redhead, from Redhead, to Redhead. BOARD SECRETARY KOWALSKI: Read the date next to it, Jerry. MR. CHAIRMAN: Actually the date is cutoff. It says 5/29 and I don't know whether that's ---- BOARD SECRETARY KOWALSKI: It looks like 87 to me from here. MEMBER TORTORA: Three foot feet is a, you know what you're asking for \essentially is an increase in non conforming use. ( ) for non conforming lots which this is apparently what you said on : the application. It would be 15 feet and a I wondered if the, first of all, three feet is you know, a yard stick, and you make this yard ( ) 15 feet variance in my mind is very substantial. I wonder if you have considered the location that you're going to be doing anything the way the bathroom on this as well. MR. WEST: Yes, the bathroom will be pushed out. MEMBER TORTORA: It will be pushed out and how will that affect you as far as your distance from the, your neighbor's property? The bathroom fixtures? MR. WEST: Similar to the kitchen, it's all very, it's all right along, it's very close to the border line. MR. CHAIRMAN: It doesn't change the sewer system. MEMBER TORTORA: It wouldn't? Page 7 - Hearing 1 ranscript Regular Meeting of May 3, 1995 Southold Town Board of Appeals MR. CHAIRMAN: No. MR. WEST: No. MEMBER TORTORA: So, essentially you're saying that you want to extend this area because it's narrow? MR. WEST: Yes. MEMBER TORTORA: But, they've had it since 89. Prior to that they've had it with their mother. No more questions. MR. CHAIRMAN: Alright, Serge? MEMBER DOYEN: No. MR. CHAIRMAN: Alright, I guess what we'll do, we'll kick it around tonight. We'll let you know what the story is. You're welcome to give us a call tomorrow, we should have a decision. We don't have a tremendous calendar tonight so we should be able to get to it. We thank you gentlemen for coming in. MR. WEST: Thank you all very much. MR. CHAIRMAN: You're welcome. Hearing no further comment I'll make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. Page 8 - Hearing __Anscript Regular Meeting of May 3, 1995 Southold Town Board of Appeals 7 : 40 P .M . Appl. No. 4239 - MARGARET BEST AND ADYLEN SYVERSON (James Fitzgerald of Proper T- Services, Agent for Applicant) MR. CHAIRMAN: This is a request for Variances under Article IIIA, Section 100-30A.1 based upon the Building Inspector's May 2, 1994 Notice of Disapproval for approval of the proposed insufficient lot. area and insufficient lot width of Parcels #1 and #2, as proposed, in this pending subdivision project. Location of Property: 420 Private Road No. 17 extending off the easterly side of Camp Mineola Road, Mattituck, N.Y. ; County Tax Map Parcel No. 1000-123-6-17. The subject premises as exists contains a total lot area of approximately 1.3 acres and is situated in the R-40 Low-Density Residential Zone District. This is an application that has been before us several times before. We had seen Mr. Fitzgerald last year and we had then asked him some additional approvals which he will probably tell us about in one second and we have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. How are you tonight Sir? MR. FITZERALD: Jim Fitzgerald for Mrs. Best and Mrs. Syverson. When last we met you were concerned about the Health Department approval and having followed a ( ) and tortuous path we have sustained that and provided a copy of the approved service from the Health Department. Everything else is as it was when we last spoke. MR. CHAIRMAN: Alright. Again while I have you standing there I'm sure the Board is going to have a question. Is there anybody Page 9 - Hearing j..U'anscript Regular Meeting of May 3, 1995 Southold Town Board of Appeals else would like to speak in favor or against this application? . Seeing no hands Mr. Villa? MEMBER VILLA: No, I have no problem. MR. CHAIRMAN: Jim? MEMBER DINIZIO: No. MR. CHAIRMAN: Lydia? MEMBER TORTORA: No. MR. CHAIRMAN: Serge? MEMBER DOYEN : No. MR. CHAIRMAN: While Mr. Fitzgerald is here are there any specific restrictions that you're going to place on this when we go and vote on that we can make him aware of? No? MEMBER VILLA: Well anything he does in the future he's going to have to come before this Board anyway because he's going to be needing variances at any rate. MR. CHAIRMAN: Yes, that's what I'm saying. I mean, is there going to be a, I'm only presupposing a resolution. If you talk about one's concerns, a no further side yard reductions really most everything that has to be done there is probably goifig to need some sort of something if there are any minor additions placed upon the building anyway, right, Bob? MEMBER VILLA: Right, yes, it's been the subject 'of a number of hearings and anything that happens in the future is going to need another one I would assume. MR. CHAIRMAN: I'm just trying to presuppose, so this, OK. Page 10 - Hearing iranscript Regular Meeting of May 3, 1995 Southold Town Board of Appeals MEMBER VILLA: The only thing you can do is say there will be no more variances granted but that sort of ---- MR. CHAIRMAN: Yes, I mean certainly these people will eventually probably divest themselves in some interest in this property in years to. ,come and that may be the reason for this whole application, you never know. We can't presuppose what people do. Bearing that in mind and bearing in mind that Mr. Fitzgerald has abided by our request is there anybody would like to make a motion? MEMBER VILLA: I'll make the motion. MR. CHAIRMAN: OK, I'll second it. BOARD SECRETARY KOWALSKI: You're approving it as applied for? MR. CHAIRMAN: Yes, right. All in favor? BOARD MEMBERS: Aye. MR. CHAIRMAN: Thank you very much Sir. MR. FITZGERALD: Thank you. BOARD SECRETARY KOWALSKI: Any reasoning? Can you give me some reasoning for the record that I can put in there. MR. CHAIRMAN: Health Department approval. MEMBER VILLA: .Health Department approval and there's no increase in density so it doesn't, you know, preexisting all we're doing is legalizing the two entities that's all. BOARD SECRETARY KOWALSKI: Alright, thank you. . Page 11 - Hearing _=anscript Regular Meeting of May 3, 1995 Southold Town. Board of Appeals 7:50 P.M. Appl. No. 4308 - ROGER AND KATHLEEN WILSON MR. CHAIRMAN: : This is a request for Variances under Article XXIV, Section 100-244B, based upon the April 12, Notice of Disapproval from the Building Inspector, for the location of a proposed porch addition with an insufficient front yard setback and proposed deck addition at the northerly side of dwelling with an insufficient northerly setback and total side yards in this R-40 Zone District. The subject premises contains a total lot area of 30,000+ sq.ft. and frontage along North Field Lane of 100 feet. Property ID: 1000-71-1-17; 1080 North Field Lane, situated near the easterly end of North Parish Drive, Southold. I have an original survey from Robert VanTuyl, P.C. dated June 19, 1967. It appears in that we have penned in areas of what they are requiring on ' their insufficiencies and we have a copy of an entire floor plan and (inaudible, paper rattling) and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody like to be heard on this? You people are. all here for the next hearing? Alright, thank you. It's probably not the way to ask you, I apologize. Is there anybody like to speak either in favor or against this hearing? Seeing no hands I'll talk to the Board Members. Bob do you have any comments on this? MEMBER VILLA: You, know, it's an infringement on the side yard but not much of one. At least you have 13 feet or something? -MR. CHAIRMAN: Yes BOARD SECRETARY KOWALSKI: 13. Page 12 - Hearing _-,an script Regular Meeting of May 3, 1995 Southold Town Board of Appeals MEMBER VILLA: Other than that I don't see a problem. Whether he's encroaching a little in the front but not by much. . If you look at the plan it's certainly going to change a nondescript house into something that looks a lot nicer so I don't have any major.problems with this one. MR. CHAIRMAN: Alright, Jim? MEMBER DINIZIO: No, me neither. MR. CHAIRMAN: Lydia? MEMBER TORTORA: No, the variance is limited. MR. CHAIRMAN: Serge, no? MEMBER DOYEN: No. MR. CHAIRMAN: What do you want to do with it? MEMBER VILLA: Move it as submitted. MR. CHAIRMAN: You're making that as a motion? MEMBER VILLA: Yes. MR. CHAIRMAN: Who wants to second that? BOARD SECRETARY KOWALSKI: Approved as submitted, I'm just going to correct --- MR. CHAIRMAN: No further reductions of side yard or front yard, right? MEMBER VILLA Pardon me. MR. CHAIRMAN: No further reductions of side yard or front yard? MEMBER VILLA: Right. MR. CHAIRMAN: Alright, I'll second it. All in favor? BOARD MEMBERS: Aye. Page 13 - Hearing 1 ranscript Regular Meeting of May 3, 1995 Southold Town Board of Appeals 7:52 P.M. Appl. No. 4309 - THOMAS AND CARMELA CUNNEEN MR. CHAIRMAN: this is a request for a Variance under Article XXIV, Section 100-244, based upon the April 12, 1995 Notice of Disapproval from the Building Inspector, for the location of a proposed deck over existing patio area which will exceed the lot coverage by 500 sq. ft. for a total of 2,288 sq. ft. , or less when deducting stairs and step areas. The subject premises contains a total lot area of 7,8.08 sq. ft. (Special Note: Section 100-230C(1) & 3) allows step protrusions up to four feet from side line and 15 feet from front property line without a variance.) Location of Property: 2515 Hobart Road, Southold, 1000-64-4-12.1. I have a copy of a map from Young & Young most recent date looks like August 18, 1983 and then we have a lot size confirmation from ' 4-18-95 at 7808. The penned in area on the rear, of the dwelling adjacent to the garage area is a deck, new deck over existing patio of concrete pavers of 25 x 20 and if we go back to the original Notice of Disapproval lot coverage at present is 20.5 o proposed as 500 which brings up to about 26% in lot coverage. MEMBER VILLA: 7808 will bring us to 29.3. MR. CHAIRMAN: I didn't do the calculations Bob that's all I'm telling you, alright, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there Page 14 - Hearing Transcript Regular Meeting of May 3, 1995 Southold Town Board of Appeals somebody like to be heard? Sir, how are you? Could you use the mike so that, not mike just the podium if you wouldn't mind. MR. CUNNEEN: My main objectives for building the deck is to cover an existing patio area and really take care of three problems. One is a deteriorating and missing bricks on the patio, the second are unsafe stairs that go into the porch and third is some unsightly shed covering that covers a breezeway that's that grade that connects to the garage and the basement and so I sent, out the letters. I have received a, Mr. Schooff,, a neighbor, had talked and he was objecting to the height and we have since had a meeting and I didn't, I did the size .of the height when I filed but I agreed to take the deck down to 8 inches --- MR. CHAIRMAN: Above ground. MR. CUNNEEN: Right, we're technically feasible, meaning that you'd have headroom in the breezeway have adequate headroom so I could walk and then enough area of the landing of the porch. Everything else would be 8 foot, so that takes the usable square footage back down to that 300 or so square footage. MR. CHAIRMAN: So the proposed addition is only 300 square feet then? MR. CUNNEEN: Well, it's about 289 my calculations. I could show you some other drawings. This is a little more detailed. You can see this is the area in question as it exists riow, OK. The breezeway you have these stairs now. That's the elevation showing the stairs and how steep they are I guess so you could go down to the breezeway. The second. thing I had in mind was a larger deck Page 15 - Hearing L eanscript Regular Meeting of May 3, 1995 Southold Town Board of Appeals and a higher height which would decrease my railing and keep the cost down. However, after with Mr. Schooff, I agreed to take it down to 8 inches to lower and just leave the stairways and the porch and the height. MEMBER TOTOR.A: Is this for our records? MR'. CUNNEEN: If you'd like it to be, yes. I think if Mr. Schooff has any other comments but that's what we agreed to. MR. CHAIRMAN: I just want to pass it down to Mr. Villa and let him review it. We'll give it right back to you. In no way is this going to be enclosed at any time? MR. CUNNEEN: No, absolutely not. The house is 2800 feet. There's no way that we will enclose that, there's enough room inside the house but it's on a small lot and usable and since it's on a corner lot with a graded property we really can't use the front lawn at all and if we levelled it maybe put high hedges it would be right on the corner. of Hobart which is you know another reason why we want to. It's a pretty, we loved that house when we bought it and we've spent the last 18 months fixing it up, especially on the outside. MR. CHAIRMAN: Could you.just give me some dimensions on that 289 in reference to what you're talking about in size? MR. CUNNEEN: The 289 coverage? MR. CHAIRMAN: Yes. MR. CUNNEEN: The lower area from the edge to the longer rail it's all that usable area there it's on the lower portion. Page 16 - Hearing Transcript Regular Meeting of May 3, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Alright. You don't have any dimensions on here on that though, right? MR. CUNNEEN: No, I don't. MR. CHAIRMAN: Alright, that's alright. Is this drawing on scale? MR. CUNNEEN: That's right, that's the scale, it's a 1/4 inch scale. MR. CHAIRMAN: What did you say Bob? MEMBER VILLA: Well that's just the lower. We still. have to include the parties doing over the other part too. There's construction . there right? MR. CUNNEEN: Right and my contention is that the landing is you know replacing stairs that were there and the part .that's over the breezeway is replacing a shed roof that needs replacing. So, it's really replacing existing structures. MEMBER VILLA.: It's still lot coverage though. MR. CUNNEEN: Well, however you, however the law --- MR. CHAIRMAN: Well, it's existing, but, yes it is still lot" coverage but it is existing. MR. CUNNEEN: So that's what I thought, what I meant to say is the, is the coverage for me, meaning usable area as oppose to where the deck would be higher with minimal stairs I'd be able to use the 450 or whatever it came out to be. Now, the rest of it is passage way so it decreased to about 289 - 300 feet so and a --- BOARD SECRETARY KOWALSKI: How far out passed the garage would that protrude? MR. CUNNEEN: A that's roughly about 2 - 3 feet. BOARD SECRETARY KOWALSKI: And then how long will that be? Page 17 - Hearing Transcript Regular Meeting of May 3, 1995 Southold Town Board of Appeals MR. CUNNEEN: How long with ---- BOARD SECRETARY KOWALSKI: From, the garage going northwest there. How long is that deck area? Cause you have on here 25 x 20. MEMBER VILLA: That part of the house shows it being 24.4. MR. CUNNEEN: 25. , 25.2, I think. MR. CHAIRMAN: And the actual depth that is at its deepest point from the breezeway area or whatever you're talking about what you're replacing? MR. CUNNEEN: From the grade where you have the you know it's actually a breezeway that's at grade at ground level. MR. CHAIRMAN: Right. MR. CUNNEEN: Then the back is, I don't really have that dimension. MR. CHAIRMAN: Alright. Just give me while you have the ruler there, just give me a dimension from the house or from past that breezeway area to the end of the deck. ( ) told me 24 at its widest point. MR. CUNNEEN: 14 feet approximately. It's a Xerox. BOARD SECRETARY KOWALSKI: Then the setback would be 14-1/2 feet? MR. CUNNEEN: The setback still ---- BOARD SECRETARY KOWALSKI: It's still 15? MR. CUNNEEN: The setback would maintain the 15 feet. BOARD SECRETARY KOWALSKI: OK. MR. CHAIRMAN: Jim do you have any questions of this gentleman? You want to see the plan again? Page 18 - Hearing Transcript Regular Meeting of May 3, 1995 Southold Town Board of Appeals MEMBER DINIZIO: Well, it's just pretty not really that clear. I'd like to .really have something in writing that's, you know, I'd like to see some dimensions written on this plan. You know, I'd like to see your plan you know, something that we can approve or disapprove or modify ---- MR. CHAIRMAN: Well, why don't we do this. Why don't we close the hearing. We're going to be here a little while. You have the ruler, write the inches in and give it right back to us, alright? MR. CUNNEEN: OK. MR. CHAIRMAN: Yes. Sir? MR. SCHOOFF: May I say something before you leave. MR. CHAIRMAN: Sure, sure, we're not going to close it yet. MR. SCHOOFF: I come from Huntington, so it's quite a ride for me to come to another hearing so if we can just establish a fact that the height of the deck would not exceed 8 inches. Can we do that tonight? MR. CHAIRMAN: This is 8 inches above grade? MR. SCHOOFF: Right. MR. CHAIRMAN: Yes. He's agreed to that? MR. SCHOOFF: Right, my house is just like 17 feet from his proposed deck and privacy is concerned but at 8 inches it would give me a problem. BOARD SECRETARY KOWALSKI: Could I have your name please? MR. SCHOOFF: Schooff. Page 19 - Hearing Transcript Regular Meeting of May 3, 1995 Southold Town Board of Appeals MR. CHAIRMAN: I don't have any problems with that. Anybody have any problems with that? Will abide it in the decision. This is a wood deck, ground level, not to exceed 8 inches above grade. MR. SCHOOFF: Except the areas that --- MR. CHAIRMAN: Yes, where you have elevation factors, yes. MR. SCHOOFF: Right, OK, thank you MR. CHAIRMAN: Have a safe trip, Sir. OK, you can either take this copy back Mr. Cunneen or you can mark this . one up for us and we'll thank you and we'll be here and so hearing no further comment I'll make a motion recessing the hearing until we receive the markup plan from the applicant. MEMBER DINIZIO: Second. MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. MR. CHAIRMAN: I need a motion to reopen. MEMBER DINIZIO: I'll make the motion. MR. CHAIRMAN: Second, All in favor? BOARD MEMBERS: Aye. MR. CHAIRMAN: This gentleman has given us the copy here and Mr. Villa is absolutely correct. There are extensions on the property already. However, we're encompassing those extensions within this embodying of this deck. He contends that when I say he, I'm referring that Mr. Villa contends that approximate 29% of total lot coverage he may or may not be right. BOARD SECRETARY KOWALSKI: Is that they say 500 sq. ft. Bob? MEMBER VILLA.: Yes, and the lot area is 7808. Page 20 - Hearing Transcript Regular Meeting of May 3, 1995 Southold Town Board of Appeals MR. CHAIRMAN: I don't have a calculator. I mean I didn't calculate the original. Does anybody have any specific objections to this application? MEMBER DINIZIO: Well, I just have a question concerning, you know, why does it have to stick out past that garage? Why can't you just cutoff the garage? MR. CUNNEEN: Well, as you can see because of the height restriction plan to accommodate my neighbor's complaint which would of given me the whole room I plan to get as much deck, area as I can. I'm not protruding as far as the existing patio that's there. I'm just trying to recover the usable surplus that you can see I'm 2 3 from the edge of that patio walkway. It's really .the same footprint. MEMBER DINIZIO: But you're raising it & inches. MR. CUNNEEN: I'm raising it, well, I'm raising it 8 inches because of the (tape very bad - there's a lot of static ) MEMBER DINIZIO: So, I mean, the point from the garage to the new that you're going to be extending past the garage, what is that? How many feet is that? BOARD SECRETARY KOWALSKI: It looks like 3 -3.4. MEMBER DINIZIO: What is it? 3 feet? BOARD SECRETARY KOWALSKI: It looks like 3 feet 4 inches. MR. CUNNEEN: Approximately 3 feet. BOARD SECRETARY KOWALSKI: Is that a little over when you say approximately is it 3 feet 4 inches? Page 21 - Hearing Transcript Regular Meeting of May 3, 1995 Southold Town Board of Appeals MR. CUNNEEN: No, it's not 4 inches, it's right on the line of (inaudible) . BOARD SECRETARY KOWALSKI: OK, you have 18 feet on that back line to the edge. When you subtract that 18 feet from the 14 foot 8 inches, that's why I'm thinking you're still corning up with an extra ------- MR. CHAIRMAN: See where you have it up here on the thing, that's what she's questioning. BOARD SECRETARY KOWALSKI: It still doesn't add up. MR. CHAIRMAN: See the 14.8? MR. CUNNEEN: Oh, the 14.8. MR. CHAIRMAN: Yes, but I don't know if that's you know--- BOARD SECRETARY KOWALSKI: Because you need that extra 4 inches. MR. CHAIRMAN: You see what she's saying. You're showing 18 here and you're showing 14 (inaudible) so it'll only show that you're 4 feet here. MR. CUNNEEN: (inaudible, tape bad) going off and that the scale (inaudible) BOARD SECRETARY KOWALSKI: It's definitely not I can't hear you, I'm sorry. MR. CUNNEEN: It's definitely not 4 feet. BOARD SECRETARY KOWALSKI: 4 feet, OK. MEMBER DINIZIO: I'd like to see (inaudible) resolve the lot coverage. MR. CHAIRMAN: You mean (inaudible) Page 22 - Hearing Transcript Regular Meeting of May 3, 1995 Southold Town Board of Appeals MEMBER DINIZIO: Yes. MR. CHAIRMAN: I can't do that without (very bad tape static) MEMBER DINIZIO: Well I think it's incumbent upon us to do that (inaudible) the applicant, certainly he's the one that's, it's your statement that's going to be, that we're going to be considering and you know. MR. CHAIRMAN: Well, the question is do you have a calculator? I'll go get you one. BOARD SECRETARY KOWALSKI: The 289 . sq. ft. that doesn't include the stairs there, right? MR. CUNNEEN: : That doesn't include the stairs because in talking _ to Scott Russell, (inaudible) excluding stairs don't cover it because it's a different walkway ---- BOARD SECRETARY KOWALSKI: A certain size, yes, it has to be under I think I gave you a figure of 30 sq. ft. 30 sq. ft. though is over 30 sq. ft. , then you have to include it in lot coverage and that's what we're trying to understand. MEMBER DINIZIO: Which stairs are you talking about? The ones that you're building the deck off of. MR. CUNNEEN: It would be the, yes. MEMBER DINIZIO: Well, why wouldn't you include that in lot coverage? MR. CUNNEEN: I had thought that when we had talked it excluded stairs in lot coverage because we needed to get to and from an area. From my understanding now that ------ Page 23 - Hearing Transcript Regular Meeting of May 3, 1995 Southold Town Board of Appeals MEMBER DINIZIO: You're not going to from an �)rea, you're in that area. BOARD SECRETARY KOWALSKI: Yes, it's different from what you're proposing it for. MEMBER DINIZIO: If you were to get into your House from the street then if .you had one less than 30 sq. ft. you (inaudible, static) have to put a deck. The same with chimneys. BOARD SECRETARY KOWALSKI: It has to be outside. Outside the stoop areas, outside the steps. MR. CUNNEEN: Then, taking that into consideration you're talking about 25 x 18 (inaudible) MR. CHAIRMAN: 450 sq. ft. BOARD SECRETARY KOWALSKI: That's 25 x 18 Jerry? MR. CHAIRMAN: Yes. (Talking about the measurements amongst themselves) MR. CHAIRMAN: Alright, does anybody have any objection to this application? MEMBER - VILLA: Well, basically, you know I asked the question in the past. What is in the past practice and I always got a number coming back to me like 26% is what we refer to. MR. CHAIRMAN: 60 Road Mattituck, 50 x 145, 29 0. Bayle, Samuel Bayle, done 2-1/2 years ago. BOARD SECRETARY KOWALSKI: How big is the property on that one? MR. CHAIRMAN: 50 x 145. We had a similar problem with his in the respect that he was redoing a deck in the rear of the house and Page 24 - Hearing Transcript Regular Meeting of May 3, 1995 Southold Town Board of Appeals he had this alleyway that he used which was covered. It goes down to the basement. That was the percentage that took him over the percentage that we're talking about. Again, this is all encompassing instead of having this gentleman has it in between deck and his house and a you know, we've had a couple over in I think it was Truman Road when. we had decks on the ground but we still calculated it the lot coverage. We were up over 30 in some of those. I think the last one was around 32, but I mean basically what it was was a ground level deck. MEMBER VILLA: Basically it doesn't fit the Code. It doesn't (inaudible) . MR. CHAIRMAN: I'm not saying it was right or it's wrong, I'm just telling you that we're not comparing apples to oranges here. MEMBER VILLA: No, if this man, if this gentleman wanted to come in and put a concrete deck he could cement the whole back yard and he wouldn't be here right. MR. CHAIRMAN: Yes, well he's only 8 inches above grade anyway. BOARD SECRETARY KOWALSKI: Going back to your original sketch 374 sq. ft. , that was not counting the outside stairs, right? MR. CUNNEEN: Right, I misinterpreted. BOARD SECRETARY.. KOWALSKI: OK, you're going to reduce the stairs though, you were going to put in that small step area, remember we were talking about it, I was coming up with an alternative. MR. CUNNEEN: Yes, right. MR. CHAIRMAN: But he doesn't need that now. Page 25 - Hearing Transcript Regular Meeting of May 3, 1995 Southold Town Board of Appeals .MR . CUNNEEN: But you can see that that eliminated some of the various heights because I was going to go 2 foot 9, 3 foot 9. Now, that the neighbor objected I said well that's a ( ) point, let's take it down to 8 inches, that gives me ( ) height, therefore I don't need the stairs, only to the side. BOARD SECRETARY KOWALSKI: You could have gone with a smaller deck, but you're trying to accommodate your neighbor to try and make things more amenable. MR.. CUNNEEN: Right because you know, because of the figuration existing back there, I don't really pick up as much, as you can see it's almost the same footprint, it's actually a little bit smaller in one dimension (inaudible) . MR. CHAIRMAN: I'll make a motion granting as applied for on the basis that the deck into be enclosed at anytime except for those stairwell areas or whatever that require you know ( ) . I have a similar problem with ( ) you know, I'll make that motion. No incorporation of it into the house, not to exceed 8 inches above grade, meaning no roof, no living area, no anything of that nature. Not to exceed 28.6 in reference to percentage of lot coverage or 8.6 over actually. MEMBER DINIZIO: I'd just like to add something. That it not come any closer to the property line. MR. CHAIRMAN: Yes, and no closer than 15 feet, that is correct. Well in this particular case, the gentleman doesn't need any steps anymore because he's only stepping off the deck, he doesn't need any railing so, basically that's it. Page 26 - Hearing Transcript Regular Meeting of May 3, 1995 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: Are you going to condition that on no railing? MR. CHAIRMAN: I don't care if he puts a railing or he doesn't put a railing. It's up to him. BOARD SECRETARY KOWALSKI: I'm just asking if he wants to put a railing then we ----- MR. CHAIRMAN: You can have a railing. MEMBER DOYEN: What about the Building Code, it doesn't require it. MR. CHAIRMAN: No. it doesn't require it, not 8 inches. BOARD SECRETARY KOWALSKI: That's why I'm asking. MEMBER DINIZIO: Why, why would you ask about railing? BOARD SECRETARY KOWALSKI: In case he wanted a railing and the question came up tomorrow I would know how to answer it. MEMBER DINIZIO: Oh, well he's entitled to have one. MR. CHAIRMAN: Alright, I'd like to offer that genClemen and lady as a motion. BOARD SECRETARY KOWALSKI: Who would like to second that? MEMBER VILLA: I'll second it. MR. CHAIRMAN: All in favor. BOARD MEMBERS: Aye. RECEIVED AND FILED BY THE SOU HOLD TOWN cLEK Prepared from tape recordings DATE I�( ICIs HOUR,�2;3 O from actual hearings. LF Town clerk, Town of Southold