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HomeMy WebLinkAboutZBA-07/24/1996 HEARING w 31 Filed "as is" TRANSCRIPT OF HEARINGS (To be Proofread) WEDNESDAY, JULY 24, 1996 PREPARED FOR SOUTHOLD TOWN BOARD OF APPEALS By Noreen Frey 7:18 p.m. Appl. No. 4389 - TIMOTHY GRAY and JIMBO REALTY. Location of Property: 43560 and 44360 County Road 48, Southold, NY; Lots #8 & 9 as shown on the Minor Subdivision Map for Pudge Corp. approved by the Planning Board on or about 7/19/82. Tax Lot #1000-59-4-8 and 9 (these two lots will be combined as one for this building and site plan project) . Zone: B General Business. The owners are requesting: 1) Dwelling unit for an on-site manager by Special Exception, pursuant to Article X, Section 100-101B of the Zoning Code. 2) Under New York Town Law, Section 274-B-3, the owners are requesting Variance from Article X, Section 100-103, subsections A & C, of the Zoning Code, for: (a) excessive length of two proposed buildings and (b) reduced yard setbacks of proposed buildings, as may be determined by the Board of Appeals. CHAIRMAN: This appeal is in behalf of Timothy Gray & Jimbo Realty, which we had as a carryover from the last meeting. We'll ask Mr. Gray if there is anything he would like to add, and we'll talk about the mix-up, when we were meeting with him the last time. MR. JIM GRAY: These are the ones that we had done over because of the parking. You wanted more landscaping there, Linda? SECRETARY LINDA KOWALSKI: Lydia, not me. CHAIRMAN: Thank you. Ok. Is there anything you want to add for the record Jim (Gray)? MR. JIM GRAY: No. I just thought I'd go over and see if I could pick your brains. Linda called me up today and said if I could get something more in detail, why it's possibly, that I had to have that size building, or how I could rearrange. So, we went over the prints today and we came up with some changes, but I think they're legible, and good enough for you. They're in dark. The same piece of property. Page 2 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: OK MR. JIM GRAY: Three buildings instead of two, and they're 70 feet in width, instead of 120 feet. CHAIRMAN: OK MR. JIM GRAY: The only thing is, all around the perimeter, we have the one ( ) one story, going around the back, the size of the back. SECRETARY LINDA KOWALSKI: Mr. Gray, when I called you today I also asked you if you had any kind of interior plan that would show how the honeycomb effect or whatever that effect is that ---. MR. JIM GRAY: That we called up down in Texas, and they don't fax us up something, but they want a general idea, and they are going to lay it all out. SECRETARY LINDA KOWALSKI: OK MR. JIM GRAY: You'll have walkways, exit doors, and everything. CHAIRMAN: OK. Is there any building on the Island that looks like this, do you know of. I realize that you own property all over the Island but --. MR. JIM GRAY: Most mini-storages at the other end would have two story's. All public service story's. CHAIRMAN: Yes, but I'm talking about this central core area that, the drive in effect of the central core area, for the maximum security as apposed to just the normal security. MR. JIM GRAY: They all have it now. CHAIRMAN: They all have it now. MR. JIM GRAY: Yes. We're the only ones out here that don't have it. CHAIRMAN: I see. MR. JIM GRAY: If you go up to any route's on Route 110, just North of Southern State Parkway. CHAIRMAN: Right MR. JIM GRAY: And the ones up on Jericho Turnpike, they all have security cards for everything. You get a card and you get in the Page 3 - Transcript of Hearings Regular Meeting of July 24, 1996 " Southold Town Board of Appeals gate, you have a card to get in the building. Then, you have a card to get into your unit. MEMBER TORTORA: What would the distance between the building be, if you created three 70 foot buildings. MR. JIM GRAY: 30 feet MEMBER TORTORA: Is there anything marked on that? CHAIRMAN: Would you mark it on that one, because that's going to be the original for the file. MEMBER VILLA: As I understand from last time, you were going to have regular storage cubicle's on the outside, all around the building. MR. JIM GRAY: Yes MEMBER VILLA: What's the depth of those? MR. JIM GRAY: Maximum 15 feet. MEMBER VILLA: 15 and it's about 10 foot wide each one, because it has an 8 foot door. MR. JIM GRAY: That's right. MEMBER TORTORA: So they're 10 by 15. CHAIRMAN: Where were you talking about another building here? What are you talking about outside ( ) . You're not talking about anything around the outside. MR. JIM GRAY: Yes. This here will be 15 feet wide. This will be a storage building, around the outside. CHAIRMAN: Oh, I see. So it will be almost like a fenced building. MR. JIM GRAY: But we'll still get a 25 landscaped area around the building. CHAIRMAN: I see MR. JIM GRAY: This will provide another 1800 square feet here, 120 foot by 15 foot. It will be down here and up this end. CHAIRMAN: OK, all right. Page 4 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MR. JIM GRAY: The landscaping in front of it will be done beautiful. Just the way you want it. Tall trees and landscaping you know. MEMBER TORTORA: Just tell me that the parking MR. JIM GRAY: We reduced the parking right down to here, so the landscaping is ( ) . CHAIRMAN: Now, the Planning Board hasn't looked at this at all, right. MR. JIM GRAY: Yes they did. CHAIRMAN: They did MR. JIM GRAY Yes CHAIRMAN: What did they say. MR. JIM GRAY: They wouldn't give me a plus on it. The buildings are too big. MEMBER TORTORA: The buildings are too big, in what respect? CHAIRMAN: They want 60 feet. MR. JIM GRAY: They don't want anything bigger than 60 foot wire SECRETARY LINDA KOWALSKI: Are they 10 foot bigger. Ten foot each bigger? CHAIRMAN: No, that's ---. Everyone is talking at once. MR. JIM GRAY: These are 70 feet. CHAIRMAN: These are the only thing that's building ---. SECRETARY LINDA KOWALSKI: They're supposed to be 60 feet wide right, so that's only 10 feet. Everyone is talking at once. CHAIRMAN: This is the only problem you have here, is access into it, the fire code. This is right in this general vicinity. MR. JIM GRAY: Good, cut this out. I just ( ) . I'd cut it down, and this building would be moved over inside this building, Page 5 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals and it would be big enough for fire engines to get all the way around it. MEMBER VILLA: So then, this one. You have four buildings on this. CHAIRMAN: Yes MEMBER VILLA: You have one long narrow one, that's really MEMBER TORTORA: The original plan that received the notice of disapproval. MR. JIM GRAY: Yes MEMBER TORTORA: Because I have one here that shows the buildings being 120. MR. JIM GRAY: 120 feet wide and 154. MEMBER VILLA: Yes MEMBER TORTORA: No, there is another one here. Right, this plan. Was this the plan that received the" Notice of Disapproval". The reason I'm asking is that, there is a section of the code that discusses that the length of the building shall be no longer than 125 feet. I don't ---. You know, I want to run this by the Building Department MR. JIM GRAY: I'm not sure. SECRETARY LINDA KOWALSKI: Yes, but that's not depth. You're mistaken the length of the building. I'm not sure how you would define the length. MEMBER TORTORA: Exactly. In other words Linda, I understand this. I don't want to --. SECRETARY LINDA KOWALSKI: We could send a memo. MEMBER TORTORA: Sure, to a point of clarification, and also clarification to pursue this plan. But also, prefer clarification of the distance between buildings, because we want to make sure that whatever we do, you're not back here for another variance. That's all. CHAIRMAN: All right. So, we'll do that, ok and get back to you on this plan. We'll recess it again to the next regular scheduled meeting, and we'll more than likely --. We may discuss it with the Planning Board. I don't know. We'll see what happens. Page 6 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MR. JIM GRAY: OK CHAIRMAN: All right, and as soon as we get something concrete, all right, and if you need additional variances or whatever, we'll let you know, and then maybe you can get us that honeycomb effect. MR. JIM GRAY: Sure, yes, yes. CHAIRMAN: From Texas. All right. MR. JIM GRAY: Yes, yes. CHAIRMAN: Thank you very much. MR. JIM GRAY: Thank you. CHAIRMAN: We're getting closer. MR. JIM GRAY: You won't have it the same night, you have that safe roads again, will you? CHAIRMAN: No SECRETARY LINDA KOWALSKI: There's only one more thing. Mr. Gray was going to explain that 70 feet wide was the smallest that you could go. MR. JIM GRAY: Yes. That's the smallest I can go, in order to get the honeycomb effect, inside the building. Anything smaller than that, it doesn't pay to put an elevator in the building to get up. We need a 10 foot right-of-way or walkway in the building, to move things around from the elevator. CHAIRMAN: But you are uniquely going to drive into this building, or be able to drive a car into this building, or a truck or something of that nature? MR. JIM GRAY: No CHAIRMAN: No, it will be a walk in. MR. JIM GRAY: It will be a walk in. CHAIRMAN: OK, all right. MEMBER VILLA: Did you ever think of doing narrower buildings, and doing one building with no core on it, and the other one all being basically all core. You're trying to incorporate the outside cubbyholes. MR. JIM GRAY: Yes Page 7 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MEMBER VILLA: and a core. MR. JIM GRAY: Yes MEMBER VILLA: Why can't you have separate buildings back to back with cubby's, back to back cubby's, and have another building, the whole 60 foot width of core. MR. JIM GRAY: Wouldn't have enough land because say you make the cubbyhole 15 feet deep, 30 feet wide from the building . MEMBER VILLA: Right MR. JIM GRAY: 30 foot wide, then you have to have a 30 foot driveway. So, it cuts down the size of any building. We want to get about 75,000 square feet of building in this, to make it worthwhile. MEMBER VILLA: Yes, that's up and down. MR. JIM GRAY: Yes MEMBER VILLA: Do you suppose there could be another configuration that you could do. MR. JIM GRAY: If I had more land, that would be an excellent idea. I want to thank you guys again tonight. MEMBER TORTORA: Thank you Mr. Gray MR. JIM GRAY: It's nice seeing you. SECRETARY LINDA KOWALSKI: Thank you for bringing those. MR. JIM GRAY: OK, thank you. CHAIRMAN: You are aware Mr. Gray that we were in the office. You were at the meeting. MR. JIM GRAY: I know. MEMBER TORTORA: You were in the wrong office. MR. JIM GRAY: I was banging on the door and I got no answer. CHAIRMAN: Have a good night. SECRETARY LINDA KOWALSKI: Mr. Gray, one thing. We got a letter today from the Planning Board to, on the old plan that we had. Hold on, I'll give you a copy of it here. I may have it for you. ' Page 8 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MR. JIM GRAY: I'll pick it up in the office tomorrow. SECRETARY LINDA KOWALSKI: I'll give it to you tomorrow. CHAIRMAN: We are still in the hearing of Timothy Gray and Jimbo Realty. Is there anybody that would like to say anything regarding this hearing, in the audience? This is a commercial piece of property on County Road 48, Southold. Seeing no hands, I'll make a motion recessing the hearing to the next regular scheduled hearing. All in favor, aye. 7:30 p.m. Appl. No. 4400 - PHILIP GIOIA. Second Appeal request. Variance under Article 111A, Section 100-30A.4, Section 100-30A.4 (100-33) based upon surveyor's map and limitations of ZBA Appl. No. 4400 to locate an accessory garage in a front yard area, at 3450 Peconic Bay Boulevard, Laurel, NY; Parcel #1000-128-6-27. CHAIRMAN: I have a copy of a survey. The applicant is going to explain to us. This is a front yard variance accessory garage, and I have a copy of a Suffolk County Tax Map indicating this and surrounding properties in the area. Yes. SECRETARY LINDA KOWALSKI: I just need to ask Mr. Gioia for a copy of the affidavit for the sign. Did you bring that form Mr. Gioia? CHAIRMAN: The affidavit for the sign. SECRETARY LINDA KOWALSKI: That you put the sign up. Do you have that? MR. GIOIA: The affidavit, yes. CHAIRMAN: Thank you very much. OK, why don't we ---. You're welcome to use the dais to stay here, whatever you would like to do. MR. GIOIA: OK, to stay here. CHAIRMAN: All right. What would you like to tell us, that you can't build a 15 feet from the right-of-way. That you can't fit it in. MR. GIOIA: I can't fit it in as you can see. I'm requesting if it's possible, five feet from the property line. CHAIRMAN: So you're looking 38 and 5. 38 from the road and five, ok MR. GIOIA: According to the survey, should fit in there. e Page 9 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: This is a one story garage, not to exceed 12 feet. Two story? MR. GIOIA: One story. CHAIRMAN: One story, that's right. I just had to think of the last hearing. What we requested was 15 and 38 for the last appeal. He's, because ---. MR. GIOIA: It was approved. CHAIRMAN: I have to be honest with you. All these lots down there, we've always had phenomenal variances on them. There was a gentlemen by the name of Peter Warren, that developed this property. MR. GIOIA: His name is right there. CHAIRMAN: We'll start with Mr. Villa. What do you want to ask. MEMBER TORTORA: That doesn't matter ( ) inaudible. MEMBER VILLA: I'm confused. We had granted something in December. CHAIRMAN: Yes, 15 feet from the property line. MR. GIOIA: You see, I got confused because there is the right-of-way, and then there is some kind of buffer area, and then, my property line. From the right-of-way, buffer area, and my property line, there's 15 feet. So I thought I had enough to build. SECRETARY LINDA KOWALSKI: Do you have a new map Bob? Is it in there? The sketch on the new location. MEMBER VILLA: No, I don't think so. SECRETARY LINDA KOWALSKI: It's not in there, ok. Jerry, we probably need to see the map. MR. GIOIA: I have another one here. CHAIRMAN: OK, let's start with Mr. Doyen first. Mr. Doyen, no questions. Mrs. Tortora. MEMBER TORTORA: No, I went down and I CHAIRMAN: Normally the question that I have Mr. Gioia is that, at five feet, working on the back of your garage, can you still be on your own property, putting a ladder up? MR. GIOIA: Yes Page 10 - Transcript of Hearings Regular Meeting of July 24, 1996 ` Southold Town Board of Appeals CHAIRMAN: OK, that's the concern we have in reference to granting. MR. GIOIA: See, let's say this is my property line. CHAIRMAN: Yes MR. GIOIA: And I built right over here. CHAIRMAN: Right MR. GIOIA: Five feet from there, I go down 20 feet to build the garage. CHAIRMAN: OK Our concern is, if this is the back of the garage and you put a ladder up, ok. MR. GIOIA Yes CHAIRMAN: I don't care if you're attaching a light, or painting a garage. I don't care if it's you, or someone you hired to do so. That angle, are you going to be on your property? MR. GIOIA: Yes MEMBER VILLA: Jerry, did you see the previous board decision. CHAIRMAN: Yes SECRETARY LINDA KOWALSKI: Mr. Gioia, I didn't explain to you when I did some more research on it last week. We found an old variance on the property. It was owned by Raymond Goodwin. He must have been a prior owner on the property back in 1976. MR. GIOIA: He was the original owner. SECRETARY LINDA KOWALSKI: He had proposed a house 25 feet from the right-of-way, back then. I guess he never built the house. I don't know. There was never a house there. MEMBER VILLA: No, he did. The house, he built the house as it shows here. So, it's 25 feet. That's the limitation they put on. MR. GIOIA: You see, the house at that point gains more land, because it's an irregular lot. CHAIRMAN: Right MR. GIOIA: As I explained it to you, I find that I have more land. SECRETARY LINDA KOWALSKI: Very irregular. Page 11 - Transcript of Hearings Regular Meeting of July 24, 1996 ` Southold Town Board of Appeals MR. GIOIA: Then I originally owned. CHAIRMAN: It's unfortunate that they didn't set the house back a little farther, toward the water. But, they couldn't do so, based upon this decision. But, that's for a primary structure Bob. SECRETARY LINDA KOWALSKI: Anywhere he puts a garage, he needs a variance. That's the problem, anywhere, so. CHAIRMAN: The question I have Bob is. What's your concern. This is not ---. Tell me what we can work out? MEMBER VILLA: Well, you have a garage door there now, that used to be a garage. MR. GIOIA: Right MEMBER VILLA: What is that now? MR. GIOIA: It's still a garage. It's going to be converted to a room. MEMBER VILLA: So, why couldn't you attached the garage right there? MR. GIOIA: How could I attach it. Then I build another garage next to it. MEMBER VILLA: Yes, attach it right ---. MR. GIOIA: But the entrance is in the front. MEMBER VILLA: The entrance is in what? MR. GIOIA: The entrance of the house is in the front. MEMBER VILLA: Yes MR. GIOIA: I mean, it's next to --. SECRETARY LINDA KOWALSKI: The right-of-way. MR. GIOIA: The right-of-way. It's facing the right-of-way. The house is facing the right-of-way. That's the front. If I build a garage right there, I -- SECRETARY LINDA KOWALSKI: He still needs a variance. MR. GIOIA: I kill the view, you know because the house is built this way. Page 12 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: OK MEMBER VILLA: Giving what view. I mean, you don't have a view out of your garage door now. That's the only thing you would be blocking up. MR. GIOIA: The view, at the present time? MEMBER VILLA: Yes MR. GIOIA: I don't quite follow your ---. MEMBER VILLA: You're saying, you would block the view. What view? MR. GIOIA: I mean, if I build right next to it. Is that what you're suggesting. SECRETARY LINDA KOWALSKI: Can you come over and take a look at this. He'll draw it for you. MEMBER VILLA: Why can't you come out like so. MR. GIOIA: Oh, this is the back of the house. MEMBER VILLA: Yes, this is where your garage is. That's where your garage is. Why can't you attach the garage on like so, and you could have your doors right here. MR. GIOIA: But the entrance --. MEMBER VILLA: This is Peconic Bay Boulevard. This is where you're coming in. CHAIRMAN: You're talking about a true perpendicular situation Bob. MR. GIOIA: As soon as I get in 15 feet, I'm right on top of the garage. As soon as I get into my driveway, even less than 15, 20. Fifteen feet I'm right on top of the garage. This way is under, it's on the side. Did you see the property. CHAIRMAN: Yes, I lived across the street from the property. I lived across the street for 10 years. MR. GIOIA: Then you understand as soon as soon as you get in, the way he says -- CHAIRMAN: Peconic Bay Boulevard is a tough road. It's a very busy road. What do you want to do Bob? Page 13 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MEMBER VILLA: It's not going to be any different than it would be the other way, I don't think. I can't see it. SECRETARY LINDA KOWALSKI: Is there any reason that you would rather have the garage separate from the house, than attached? MR. GIOIA: By having it separate, I'll have a two car garage. MEMBER VILLA: Here's your 38 feet, here's your 38 feet. If you came back, you're almost going to be there. You're going to be off side of the road. So, if you stayed with the 38 feet, you would still be ---. CHAIRMAN: But he doesn't want to come in perpendicular. He wants to come in on the side. See what he wants to do, he wants to be able to come in like this, and go into the garage. The same situation, when you come out, ok, you're out like this SECRETARY LINDA KOWALSKI: Yes CHAIRMAN: The other way, you have to take down to do all these swings. That's what he's saying. MEMBER VILLA: Yes CHAIRMAN: I'm just saying this. It's a matter of SECRETARY LINDA KOWALSKI: And you can't come in to the right-of-way. CHAIRMAN: You've go to ---. MR. GIOIA: I'm not supposed to --- CHAIRMAN: You've got to come out. SECRETARY LINDA KOWALSKI: You've got to come the other way. CHAIRMAN: OK, you understood the question I asked him about the ladder and the working on the ---. MEMBER VILLA: I understand that. We go through that all the time. CHAIRMAN: Yes, tell me what you want to do. I mean, I'm not trying to put you on the spot. We can recess it and discuss it. Whatever you want to. While we're here we'll ask, if anybody else wants to speak on behalf of this application, ok. Seeing no hands. MEMBER VILLA: Nobody else has the questions down there. Page 14 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: No MEMBER TORTORA: Let's recess it, and reserve decision. SECRETARY LINDA KOWALSKI: Close the hearing and then --. CHAIRMAN: You want to wait around and we'll work it out as soon as we're done. MR. GIOIA: Ok Sir SECRETARY LINDA KOWALSKI: It won't be that long probably. MR. GIOIA: All right. CHAIRMAN: OK, I'll make a motion recessing the hearing. SECRETARY LINDA KOWALSKI: No closing. CHAIRMAN: Closing the hearing and recessing it until later. MEMBER TORTORA: Second CHAIRMAN: All in favor Aye. 7:42 p.m. Appl. No. 4395 - WILLIAM BEEBE. Request for a Waiver under Article 11, Section 100-26 of the Zoning Code, based upon a disapproval issued under Section 100-25A, which was determined to be merged with an adjoining improved parcel identified as 1000-109-7-10.4 although each lot was created by separate deed prior to 1971. CHAIRMAN: I have a copy of surveys on both parcels produced by Young & Young, January 4, 1983, which is lot, same lot. Same lot, different house, different buildings on the property. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Beebe how are you tonight Sir? WILLIAM BEEBE: Good, how are you. CHAIRMAN: What light can you shed upon us, on these. We have separate cesspools systems for each one of the houses. MR. WILLIAM BEEBE: State planning. CHAIRMAN: Who occupies the houses now? You occupy one. MR. WILLIAM BEEBE: I have one, and my Grandson lives in the other. Page 15 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: I guess we'll start with Mr. Doyen. MEMBER DOYEN: No questions. CHAIRMAN: Mrs. Tortora. MEMBER TORTORA: No, I'll wait. CHAIRMAN: OK, Mr. Villa. MEMBER VILLA: Well basically, what triggered this is that you were trying to put an addition on the house. MR. WILLIAM BEEBE: Yes, right right. And that's when I found out. The Building Department doesn't even know it. They had a bill all made out for me, and then they went across to the Assessor's. SECRETARY LINDA KOWALSKI: Yes. He had separate pre CO, and separate everything on it. MEMBER VILLA: This additions are on the side of the house, or you said, are on the front of the house. MR. WILLIAM BEEBE: Well ( ) on the front of the house, yes. MEMBER VILLA: We don't have a sketch that shows that. MEMBER TORTORA: Isn't that it? Is this it, the proposed additions. SECRETARY LINDA KOWALSKI: The addition is out of our jurisdiction, so we don't ask for it when it's filed. MR. WILLIAM BEEBE: It goes this way. There's a foundation there, I used to have a shop for. I plan on using that same foundation. CHAIRMAN: Oh, I see. MR. WILLIAM BEEBE: I moved the shop off years ago. CHAIRMAN: OK MEMBER VILLA: So how far are you coming out. MR. WILLIAM BEEBE: 34 feet. MEMBER VILLA: So basically, you're going to be doubling the size of that house, or more. MR. WILLIAM BEEBE: On the length of it yes. Page 16 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: ( ) . OK MR. WILLIAM BEEBE: Right, right. CHAIRMAN: Yes, ok. Back to Mrs. Tortora. MEMBER TORTORA: No, I didn't check this with the Suffolk County Real Property Tax Map, and both are indicated as single separate lots. MR. WILLIAM BEEBE: Yes, about 50 years. SECRETARY LINDA KOWALSKI: Well, when you say single and separate, how do you mean? They're showing as separate lot. CHAIRMAN: They're showing as separate, right. MR. WILLIAM B EEB E: You still get two tax bills. CHAIRMAN: Sure, yes. MEMBER TORTORA: They're two separate deeds. Separate deeds with descriptions on each lot. MR. WILLIAM B EEB E: Right, right. CHAIRMAN: OK, while you're standing there. Is there anybody in the audience that would be like to speak either in favor or against this application? Seeing no hands, I'll offer this as a resolution to grant this as applied for. All in favor, aye. • Page 17 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals 7:47 p.m. Appl. No. 4399 - DOUGLAS AND LORRAINE ROSE: Request for a Variance based upon the June 20, 1996 Building Inspector's Notice of Disapproval under Article 111A, Section 100-31A.3 issued on the request on the following grounds: A building permit application has been filed requesting the location of an in ground pool with raised terrace attached by a raised deck along the rear of existing dwelling, to be located partly in the front yard area (facing Pine Neck Road) . Location of Property: 95 Kimberly Lane, Southold, NY; Lot #1 on the Map of Paradise By the Bay; County Parcel #1000-70-13-20.1. CHAIRMAN: An application for a raised deck, and a copy of a Suffolk County Tax Map indicating this and surrounding properties in the area. We're ready. MR. DOUGLAS ROSE: I brought the affidavit for posted ( ), and I brought you five copies of what is a proposed blueprint of the area, in a larger scale. CHAIRMAN: OK MR. DOUGLAS ROSE: Do you need other copies. CHAIRMAN: No, that's fine unless someone wants to see it. All right. What would you like to tell us about it? MR. DOUGLAS ROSE: Basically, the house faces the water. It's a bulkheaded piece of property, but it's far enough back that I don't have to worry about any of the frontage. The side is where the ramp, the boat ramp for Pine Neck Road is. The actual frontage is Kimberly, which was a subdivision. CHAIRMAN: Yes MR. DOUGLAS ROSE: And the only variance we're asking for, is the pool go a little further to the side of the house, so it doesn't disrupt the view out of the back of the house. In doing so, we would buffer, which was already a grouping of trees, which is not from there. It was from additional trees, so it would not intensify. CHAIRMAN: Is that a walking path easement? MR. DOUGLAS ROSE: No. CHAIRMAN: No. MR. DOUGLAS ROSE: It's just a buffer. MEMBER TORTORA: What's the distance, your yard , 25 feet. Page 18 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MR. DOUGLAS ROSE: 25 feet. MEMBER VILLA: A chained link fence according to the survey, is on your property? MR. DOUGLAS ROSE: Yes MEMBER VILLA: Your property extends another five feet or something. MR. DOUGLAS ROSE: Another seven and one half actually, into the the old ramp itself. MEMBER VILLA: Yes, that's basically your property. MR. DOUGLAS ROSE: Yes. MEMBER VILLA: This proposed construction. Is it going to disrupt any of that existing shrubbery there? MR. DOUGLAS ROSE: No. MEMBER VILLA: It's going to be inside of that. MR. DOUGLAS ROSE: Inside of that, I'm going to increase it. MEMBER VILLA: OK MR. DOUGLAS ROSE: For our own privacy as well as --. MEMBER VILLA: You have some pretty substantial growth there. MR. DOUGLAS ROSE: Yes, I even brought some picture's. MEMBER VILLA: Yes, I've got it right here, and I was there, and I saw it. MR. DOUGLAS ROSE: Oh, you were. MEMBER VILLA: I was just hoping, that you weren't going to disturb that. MR. DOUGLAS ROSE: This is the growth that's there now. CHAIRMAN: Right. MR. DOUGLAS ROSE: OK, and you can just the house through it. MEMBER VILLA: Right. Page 19 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MR. DOUGLAS ROSE: This is some of the tall cedar trees, that are there. They would stay and we would increase that as well, too. And where the pool is suggested. This is the growth that is over to the side, that would not be disrupted. This is the part that we're taking down by the deck, which was a wooden deck, and the one deck is off of virgin property. It's about two, maybe 2 and one half feet. The other one is one foot, and all we're going to do is build or suggest building, a cinder block wall as a retaining wall, and fill in the side, what we're taking out of the pool. There's a two fold process in doing it, is that I don't have to build a six foot high fence, that looks like a six foot high fence. CHAIRMAN: Right MR. DOUGLAS ROSE: And then put plantings around it, and second of all, if we have any other storms like I told you, we never had until I moved out here, it would act as a retaining wall. CHAIRMAN: You're talking about the 1992 storm. MR. DOUGLAS ROSE: The one after I moved out. The one that encroach the lawn. Everybody told me, it never happened. CHAIRMAN: It's a long lawn too. MEMBER TORTORA: On the map that you have. You say it's 96 feet to the wooden bulkhead from the house. MR. DOUGLAS ROSE: Yes MEMBER TORTORA: What is the distance from the outside perimeter of the pool? MR. DOUGLAS ROSE: I didn't scale it, but it's more than 75 feet. MEMBER TORTORA: I think it's ( ) . SECRETARY LINDA KOWALSKI: Oh definitely. CHAIRMAN: Just run it for us. MR. DOUGLAS ROSE: Sure MEMBER TORTORA: I think we should have that scale and document ( ) ,as well as the distance from the new MR. DOUGLAS ROSE: Yes MEMBER VILLA: What are you going to do with the filtered water. Are you going to put in dry wells? Page 20 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MR. DOUGLAS ROSE: Excuse me. MEMBER VILLA: Filtered water, backwash water. MR. DOUGLAS ROSE: Yes MEMBER VILLA: So nothing is going into the bulkhead. MR. DOUGLAS ROSE: So nothing is going into the bulkhead, and it's not going out into the waterway. CHAIRMAN: Is this a ( ) . MR. DOUGLAS ROSE: No, it's going to be a vinyl pool. CHAIRMAN: OK, we'll start with Mr. Doyen, any questions. Mrs. Tortora, any further questions. MEMBER TORTORA: No, but I'd like to make sure that that is 375B before we get on. MR. DOUGLAS ROSE: We can do that, and any change --. MEMBER TORTORA: I don't want to -- CHAIRMAN: Well, subject to . MEMBER VILLA: Yes, we can just say subject to. CHAIRMAN: OK, and Mr. Villa, any other further questions? MEMBER VILLA: No, I was just concerned about that foliage, because it was dense. CHAIRMAN: This is not going to be enclosed in any way. This will be an opened pool. MR. DOUGLAS ROSE: An opened pool. CHAIRMAN: Ok, any lighting. No overhead lighting. MR. DOUGLAS ROSE: No. Existing right now is a lighting pole, that's there, as part of the original LaMorte property, and that's located, as you can see, as a stanchion up there. CHAIRMAN: Yes MR. DOUGLAS ROSE: So there would be no additional highlighting at all. MEMBER TORTORA: Is there any fencing on that? Page 21 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: No, he's using the retaining wall as the fence. MEMBER TORTORA: Yes MR. DOUGLAS ROSE: You requirement is six foot I believe off --- . CHAIRMAN: No, it should be four. SECRETARY LINDA KOWALSKI: No, four foot high. CHAIRMAN: Four foot high, but it depends upon on grade. MR. DOUGLAS ROSE: It has to be four foot high at the lowest point? CHAIRMAN: Yes MEMBER VILLA: Four foot above grade, there around the pool. MR. DOUGLAS ROSE: Right. That's not a problem. CHAIRMAN: That's a State requirement. MR. DOUGLAS ROSE: It's basically just toddlers that it keeps out. I mean, those that want to go over a four foot fence can do it. CHAIRMAN: Right. Is there anybody in the audience that would like to speak in favor or against this application? I should point out to anybody in the audience, this is the first night that everybody's come out to the dais. Normally, we let them use the individual mikes. If anybody has any specific questions about any of the applications, we'd be very happy to recess, and show them the plan and then come back. Questions from anybody, for or against this application? Seeing no hands Ladies and Gentlemen, based upon the restriction that there be no intense overhead lighting, and no covering of the decking and pool area, and leaving it unclosed. We're ready for a motion, if anyone would like to do that. MEMBER VILLA: Plus, it be 75 feet from the bulkhead. CHAIRMAN: Yes, and be a minimum of 75 feet. MEMBER VILLA: And the buffering would remain. MEMBER TORTORA: And the buffering. CHAIRMAN: And the buffering. MEMBER TORTORA: And the buffering, one, two, three, four. CHAIRMAN: Do you want them restated Linda? . Page 22 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: No, that's alright. I got it. CHAIRMAN: OK, all right. Whose going to make the motion? MEMBER VILLA: I'll make the motion. CHAIRMAN: All in favor, aye. MR. DOUGLAS ROSE: Thank you very much. Page 23 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals 7:56 p.m. Appl. No. 4398 - JOHN AND MARY MCFEELY. Request for variance based upon the June 26, 1996 Building Inspector's Notice of Disapproval under Article 111, Section 100-30B(3), issued on the following grounds: A building permit application has been filed requesting the location of an accessory building with a reduced side yard setback, at 5900 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel #1000-129-02-9.1. CHAIRMAN: We have a survey with a pinned in area that we will request the applicant to decipher for us, and we have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. McFeely, how are you tonight Sir? MR. JOHN MCFEELY: Fine thank you. CHAIRMAN: What can you tell us about this garage area that you want to build? MR. JOHN MCFEELY: The only one that showed any concern over this, is my next door neighbor John Rozansky, and after a few discussions with him, he has agreed to without any problem on his part, if I was five feet off the property, off his garage. He has the garage three feet off the property line. Two properties West. Rosin is virtually on the properly line with a garage, maybe a foot. He has said, his concern was that I would be moving too close to my house. He has agreed if I go no further than 10 feet, South of his garage, he would agree to five feet off the property line. He would have no problem with that. MEMBER TORTORA: He said, five feet west of his property line, meaning yours. MR. JOHN MCFEELY: Five feet west of his property line, as long as I projected no more than 10 feet South of the corner of his garage, he would have no problem with it. CHAIRMAN: Right. Let's just talk --. We're talking 60 feet approximately. Is that what it is from Peconic Bay Boulevard, or is that going to change it now? MR. JOHN MCFEELY: No Sir. CHAIRMAN: It would be about the same. MR. JOHN MCFEELY: I thought it was a little more than that. CHAIRMAN: OK, maybe 60 feet plus as you said. MR. JOHN MCFEELY: I think it's quite a bit more than 60 feet. Page 24 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: I would say so too. MEMBER VILLA: I thought so too. CHAIRMAN: The other thing is. The overall garage itself, is two story as I see. What is the maximum utility you're going to have in the garage, other than electricity? MR. JOHN MCFEELY: Nothing CHAIRMAN: Nothing SECRETARY LINDA KOWALSKI: What is the height on that two story Jerry, so I can put it in the record? CHAIRMAN: 12 foot 9, so I guess it's really only one story. SECRETARY LINDA KOWALSKI: It's only one story. MR. JOHN MCFEELY: It's more than 12 foot, 9. It's a two car garage with a loft. CHAIRMAN: Yes. I have 12 foot 9 here. Ok, I don't know what that ---. SECRETARY LINDA KOWALSKI: That's why I asked you --. CHAIRMAN: I know, that's why I'm asking the applicant. What would you say the heights would be? MEMBER VILLA: This says, 18 feet from grade to center line of facia. CHAIRMAN: OK MR. JOHN MCFEELY: That's what I suggested. SECRETARY LINDA KOWALSKI: That's good. It's probably 24 feet altogether. MEMBER Tortora: What do you intend to use the ---. CHAIRMAN: It can't exceed 18. MR. JOHN MCFEELY: Well, I have an existing car garage in my home, and when this is built, it's storage, cars and Grandchildren. Just a place to move out of the house. I'm going to convert my existing two car, attached garage into a den, and I just sold my home in Rockville Centre and I'll be spending most of the time out here. So, a big place for storage. Page 25 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MEMBER TORTORA: Do you plan on using this for living in? MR. JOHN MCFEELY: No CHAIRMAN: And this is 20 by 30. Is that correct? Where is the application? MR. JOHN MCFEELY: I don't know. I didn't find it. CHAIRMAN: Yes, it's in the building permit. You have 25 by 30. MR. JOHN MCFEELY: That's about right, yes. Two car plus a shop, plus an entrance to walk in to go up to the loft above. It's about 24 foot deep. CHAIRMAN: OK. we'll start with Mr. Villa. Again we're back to the five feet. MEMBER VILLA: It's five feet off the property line. CHAIRMAN: Yes MEMBER VILLA: You didn't look at any other locations on the property. I mean, I was down there and I saw the whole lots open in the front there. It would almost appear, that this was going to interfere with your driveway. You're going to have to revamp the whole driveway. MR. JOHN MCFEELY: I'll have to move the driveway a little bit, but the beauty of the lot, seeing as the lot West of it, which I also own, the garage' is all the way back on the property line. I have this back on the property. It leaves a beautiful two acre wooded area, rather than having a garage sitting in the middle of it. CHAIRMAN: We are again back to that situation, that we asked Mr. ( ) and that is. With the back of the garage, are you going to be able to work on the back of the garage, five feet from the property line? MR. JOHN MCFEELY: I would think easily. CHAIRMAN: I mean, it's a cape style. You are going to have to put a gutter on the back, so you don't flood your neighbors out. MR. JOHN MCFEELY: Right CHAIRMAN: On the back, you know, of the overall overhang itself ( ) because that's probably the way the roof line is going to run. It's going to run --. MR. JOHN MCFEELY: It's going --. I wish I knew, lets see. Page 26 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: It probably doesn't make any difference, quite honestly. MR. JOHN MCFEELY: It's going to be this way. CHAIRMAN: No, more the other way. No, it will be that way. MR. JOHN MCFEELY: It will be --. CHAIRMAN: It will run East and West of roof line probably, yes. MR. JOHN MCFEELY: Right. I think for a 12 foot, 13 foot ladder easily five feet, would be a very safe angle to work at. CHAIRMAN: Could we say five feet from the overhang, as supposed to five feet from the actual garage? So in other words, if you had one foot overhang we would make it six feet. MR. JOHN MCFEELY: That sounds fair. I prefer to have it as close as possible to the property line, and your concerns ---. CHAIRMAN: Well, that's what it is. You understand what I'm saying? MR. JOHN MCFEELY: Right CHAIRMAN: We just want to make sure that you can work on your own building, on your own property. That is one of the concerns the board has. MEMBER VILLA: What are the actual dimensions of this again, because it's --. CHAIRMAN: 25 by 30. MEMBER TORTORA: The required setback is 10. Is that correct? Is that Right? CHAIRMAN: No SECRETARY LINDA KOWALSKI: Yes, 10 feet. CHAIRMAN: Yes because it's in the front yard. SECRETARY LINDA KOWALSKI: 10 feet from the side line is required, yes. MEMBER TORTORA: I'm having a hard time understanding, because you do have room. Why can't you just have it 10 feet from the property line? Page 27 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MR. JOHN MCFEELY: Well, the property is about 90 feet wide, and I'd have to move my driveway over that much further. The rest of the garage is ---. My neighbor Rozansky and my neighbor( ) are three feet and one foot. They were done many years ago. MEMBER TORTORA: I didn't mean. Maybe I missed something. I didn't feel that you would have to move the garage. I mean, move the driveway, in order to just come back 10 feet. Your saying, you would? MR. JOHN MCFEELY: I'll have to move it somewhat anyway. As it come down now, it would cut into it. I could bring it in, the way it is, but I'll have to do a little work on it, and bring it around. MEMBER VILLA: Which way --. MEMBER TORTORA: Five feet or ten feet, you mean. CHAIRMAN: What's that Bob? MEMBER VILLA: Well, where are the doors going to face? MR. JOHN MCFEELY: Ten feet that way and five feet. MEMBER VILLA: I want to find out. SECRETARY LINDA KOWALSKI: We will need to know. MEMBER VILLA: Which way are the doors going to face? MR. JOHN MCFEELY: The doors will be facing West, coming down the driveway they'll be a right angle into the garage. CHAIRMAN: Left angle. MEMBER VILLA: So you won't see a ---. MR. JOHN MCFEELY: A left turn on a right angle. You will not see the doors from the street. MEMBER VILLA: From the road. You're going to have to put your driveway almost on the other side of the lot, because your driveway right now is only in like 10 feet from the East side of the lot. MR. JOHN MCFEELY: No, it's in, I'd say it's in at least 20, 22, 23 feet. MEMBER VILLA: To the West side of it. MR. JOHN MCFEELY: Even to the East side of it. I have a big rock garden. I have trees there. I have plants. Page 28 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MEMBER VILLA: Because if you're coming in five feet, and then your building is 30 feet. MR. JOHN MCFEELY: The building is 24 feet. MEMBER VILLA: 24 feet deep, so that's 30 feet, and you're going to have to swing around, so you're going to have to have another 20 feet. MR. JOHN MCFEELY: Well, I wouldn't have to come in from that angle. I could come in, which would dissect the garage, and then as I get closer to the garage, make a circle. MEMBER VILLA: but you're going to have to have a bigger turning area. MR. JOHN MCFEELY: A bigger turning area. MEMBER VILLA: You're using up almost the whole lot anyway. MR. JOHN MCFEELY: But I'm not using up the view. MEMBER VILLA: Right MR. JOHN MCFEELY: But I can look over the driveway, but I can't look over to the garage. CHAIRMAN: OK, while you're there again, if I didn't ask the question. Is there anyone in the audience that would like to speak in favor of this application or against this application. Would you kindly raise your hand? Seeing no hands, any further questions from any board members? MEMBER DOYEN: No CHAIRMAN: What do you want to do, recess this and ---. MEMBER TORTORA: Let's close it. CHAIRMAN: Close it, and recess it. Do you want him to stay? SECRETARY LINDA KOWALSKI: No, just close it and discuss it later. Deliberate later. You can wait if you want, wait awhile. MEMBER VILLA: OK SECRETARY LINDA KOWALSKI: Unless Bob has another question. MEMBER VILLA: No CHAIRMAN: OK, all right I guess we'll recess it. Page 29 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: No CHAIRMAN: I'm sorry, we'll close the hearing and recess it for about --. We'll be here about another 45 minutes. MR. JOHN MCFEELY: Inaudible SECRETARY LINDA KOWALSKI: He's going to close it, and he's going to deliberate it later. We're not recessing. MR. JOHN MCFEELY: Thank you CHAIRMAN: Your welcome. I offer that as a Resolutions Ladies and Gentlemen. MEMBER VILLA: In favor. CHAIRMAN: All in favor, aye. Page 30 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals 8:04 p.m. Appl. No. 4396 - PETER and LISA GEVINSKI: Request for variance based upon the June 26, 1996 Notice Of Disapproval issued by the Building Department under Article XXIV, Section 100-244B on the following grounds: A building permit application has been filed requesting the reduce rear yard setback location of a new dwelling on a substandard size lot known as 405 Wendy Drive, Laurel, NY; County !Parcel #1000-128-5-1. CHAIRMAN: I have a copy of a survey indicating the house, with the proposed house and the proposed garage. The garage is attached to the house at 40 feet. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. MR. PETER GEVINSKI: I have copies if anyone else would like to look at it. CHAIRMAN: OK, thank you and you are Sir? MR. PETER GEVINSKI: Peter Gevinski CHAIRMAN: Ok, how are you? Do you want to tell us why --. MR. PETER GEVINSKI: I bought this lot and it's, as you can see on the map, it's about 100 and, a little over 100 feet in the center where I would like my house, and there is a 40 yard front yard setback, and 50 yard, rear yard setback. The 40 yard, the 40 feet front yard setback conforms to the neighborhood, where it doesn't leave you enough room in the back. I've spoken to the neighbors, Mr. Ray Williams and Paul Kelsch, and then saw no problems. I've sent them notices along with the map, that you're looking at, and I've stopped by the house, and they see no problem with it. MEMBER TORTORA: Do you have any letters from them? MR. PETER GEVINSKI: Excuse m. MEMBER TORTORA: Do you have any letters from them? MR. PETER GEVINSKI: No, I just have the receipt that they received my certified letter. MEMBER VILLA: Yes MR. PETER GEVINSKI: And Half Hollow Nursery also. I have Ray Williams and Half Hollow Nursery. I don't ---. MEMBER TORTORA: You can give them to the Secretary. SECRETARY LINDA KOWALSKI: I'll take them. Page 31 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: OK. We'll start with Mr. Villa. MEMBER VILLA: I don't have any questions. It's pretty clear. CHAIRMAN: OK, we'll then go to Mr. Doyen. MEMBER DOYEN: No CHAIRMAN: Mrs. Tortora MEMBER TORTORA: No CHAIRMAN: OK. Do you have any questions. Well, we'll ask. Does anybody in the audience like to speak either for or against, on Appeal ##4396. Seeing no hands, ok. Does anybody like to offer a motion? MEMBER DOYEN: I will. CHAIRMAN: Second, all in favor Aye. SECRETARY LINDA KOWALSKI: What is the motion? CHAIRMAN: To approve as applied for. Isn't that correct, Mr. Doyen? MEMBER DOYEN: Correct. CHAIRMAN: Have a lovely evening Sir. ----Hearings continued on page 33---- Page 32 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals HEARING HELD JULY 24, 1996 8:08 P.M. Appl. No. 4401 - DAVID DEFRIEST (as Tenant) . (Owners: Mr. and Mrs. Joseph Gnozzo) . Request for Variance based upon the June 3, 1996 Building Inspector's Notice of Disapproval under Article V111, Section 100-81A, issued on the following grounds: Automobile rental use in not a permitted use in this limited Business (LB) Zone District. Location of Property: 73265 Main Road, NY; County Parcel #1000-45-3-2. Size: 5+- acres. Patricia J. Moore, as Attorney. CHAIRMAN: I have a copy of an original survey from Roderick Van Tuyl,P.C. , which is dated January 25, 1983. I have some pieces of that survey copied, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mrs. Moore, how are you tonight? PATRICIA MOORE ESQ. Fine thank you. Let me just do some bookkeeping with Linda for a moment for your records. SECRETARY LINDA KOWALSKI: Ok, for disclosure. PATRICIA MOORE ESQ: I'm very pleased to be here this evening, and I'm representing Mr. Gnozzo who is the owner, operator of Rent-A-Wreck. Mr. DeFriest is here this evening as well, and hopefully between all of us, we can answer whatever questions you might have as we go along, and I make this presentation. Before I start I'd want to say that, quite a surprise, that Mrs. McElroy who lives to the East of this property, submitted a very nice letter that I would like to read into the record. It says: . . .Kindly note that my property is adjacent to Rent-A-Wreck. I would like to say that it's a nice clean respectable quiet business. I'm happy to have them as neighbors. I hope the Town will grant them continued access to the adjoining property. Thank you, Sincerely Mrs. McElroy. . . PATRICIA MOORE ESQ: Now, I will present that to you for the record. I'll do it all at the end. Just to start off with. I'm going to give you a little tour of your memory lane, because some of these facts I was learning as I was researching the History of this parcel. Some of these, you could probably add to because you know, some of you have been here longer than you'll probably care to say. CHAIRMAN: Or admit to anyway (jokingly) . PATRICIA MOORE ESQ: Or admit to, that's right. The property right now is zoned Limited Business. It's a pie shaped parcel. It Page 33 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals has preexisting residences on both sides, and the parcel itself has, the building where Rent-a-Wreck is currently renting that is partly residence, and partly commercial. And then to the West, on the same property is a cement block building. The property has a CO and it was dated, or it is dated June 1, 1979. It's described as a business building "service station," and accessory structure "repair shop". So we have presently a pre-CO. Now, the trip through memory lane. In 1960s I understand that a Harry Bubb owned and operated a gas station there, and that's when the pumps were in the front under the canopy, or by the canopy there. Then, it's a mystery because I couldn't get anyone to tell me anything more. But in May of 178, a Mr. Cataldo family sold it to, I guess within the same family or another Cataldo, and there was in the Building Department's records a housing code inspection that said that the dwelling that had the service station with a portico over the gas pumps, it was Sound Precision, which I seem to recall in my History period, it was an auto repair place, and it was in a cement building on a slab. The house was in terrible disrepair, and it had numerous violations on the sanitary code and the building code. It was not in good shape. Then the property in 179 was sold to a Moritz. The cement building, based on the Assessor's records, there is a picture of the cement building, and it shows the Lawn Mower Repair Sales and Service was being done on that property. Then in '81, Sonny Brown made an appeal (sic) (special exception) to your board, and you have a decision in your file that he requested an auto repair business with certain conditions that were imposed by the Zoning Board at that time. In 183, the Gnozzo family Gnozzo - they asked to reinstate the residence and again, that was with certain conditions on it. That appeal was made to the Zoning Board, so you have that in your record. While the easterly structure was used as a residence, and maybe to a certain extent commercial, there was a continued use of the cement building as a commercial property. Do you have questions because I know that you-? MEMBER TORTORA: I don't have a copy of the Zoning Board 183 decision. PATRICIA MOORE ESQ. : Oh that's right, ok. Linda I know has that in there, but I have a copy as well. MEMBER TORTORA: Yes. PATRICIA MOORE ESQ: Then in 1988, Mattituck glass window, they do glass works obviously, windows, repairs and automobile glass was sold, serviced and installed at this location. Page 34 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals Then we push ahead to 1995, and- Chesterfield Associates who are contractors - they were rebuilding the East Marion Causeway, used the property for their office and command center, and possibly was in storage of their equipment there. CHAIRMAN: The office or the house, Pat? PATRICIA MOORE ESQ: Well, I think it's the house. MR. DEFRIEST: It's the building that we're operating Rent-A-Wreck out of there now. PATRICIA MOORE ESQ: That same building. SECRETARY LINDA KOWALSKI: For the record I need to have the names of the speakers? PATRICIA MOORE ESQ: I'm sorry. SECRETARY LINDA KOWALSKI: That's all right. PATRICIA MOORE ESQ: That was answering for me, and I'll put it on the record. Mr. DeFriest points out that, the Chesterfield Associates, the contractors were operating from the part of the property that Rent-A-Wreck is now renting. So, you can see that there is numerous uses on this property, and they kind of over time have been a variety of uses that were sales, repairs. CHAIRMAN: Just so we're going in a direct line here. PATRICIA MOORE ESQ: Sure. CHAIRMAN: Whose living in the house now? MR. Joseph Willsey: I stay in the house probably three nights a week. CHAIRMAN: He is who in Rent-A-Wreck? MR. JOSEPH WILLSEY: I am the principal. CHAIRMAN: You are the Principal in Rent-A-Wreck, ok. And you utilize the cement block building for what? MR. DEFRIEST: For storage of cars. CHAIRMAN: Storage of cars. What is done in the cement block building? MR. DEFRIEST: Storage of cars. Page 35 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: Is oil being changed on the cars. MR. JOSEPH WILLSY: No, I do all that work - I have a big shop in Middle Island, Coram. CHAIRMAN: I see. PATRICIA MOORE ESQ: Yes. I'll get into all of that. MR. JOSEPH WILLSEY: I do no service. CHAIRMAN: I just had to figure this thing out. Just so you understand. PATRICIA MOORE ESQ: That's all right. If it will help it along the way. MR. JOSEPH WILLSEY: I have two buildings in Coram and Middle Island, where I use all my - CHAIRMAN: So you just bring the cars out here. PATRICIA MOORE ESQ: I'll get into what they specifically do, ok. CHAIRMAN: OIL. PATR.ICIA MOORE ESQ: Now geting to my legal argument, which you knew at one point or another, I was going to bring in. Under Article 24 on the nonconforming use section, it says, that a non-conforming use regardless of the change of title, possession or occupancy, has the right thereof, may be continued indefinitely and then cease as, but shall not be changed to another nonconforming use without approval of the ZBA, and then only to a use which in the opinion of the board is of the same or more restricted nature. That's one argument in favor that, I think you could use in favor of granting this application. This property as I pointed out, the history has been commercial uses. It's been automobile related uses, car service station, gasoline, car repairs, the automobile glass repairs. It's been retail sales. Automobile items were sold. Lawn mowers were sold, serviced. , Mirror and glass were sold. So, we've got now two uses that have been continuing at various times throughout it's history. As to Rent-A-Wreck, what do they do? They rent cars, they don't lease them, because he explained to me, honestly, I didn't realize that there is a big difference, but renting versus leasing. Leasing is for long term. Renting is for short term. Anything under a month. f Page 36 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MR. JOSEPH WILLSEY: A month. PATRICIA MOORE ESQ: Yes, OK. These cars are licensed, they're insured, they're registered and they're inspected, all right. He does no repairs, no sales of any cars from this site. The cars needing repairs are transported from the Middle Island shop, where he has a very elaborate shop in Middle Island where he brings his drivers, the drivers, he's got numerous drivers that brings the cars out, and then when the cars are distributed in the community, and they are returned, the cars are returned to Middle Island, because they're serviced and maintained there. So, there is no concern about any kind of automobile repair, we're servicing at this location. The types of conditions that you see in Sonny Brown's appl. , I went over with Mr. Willsey and I said. Well, do you do any major repairs? "No," so he can abide by that condition. Are there any automobile parts dismantled, or damaged vehicles stored out in the open? "No," and he would certainly not intend to do that. Are the parking areas properly located? Well, he's tried and to the extent that, if the Planning Board deems necessary with a site plan, can be modified. But, at most they're approximately six to eight, no more, cars that are on display there, because there is a turnaround, and they do get them generally out into the community right away. There is a need. Are there vehicle lifts or pits within the building? I don't think that they are even there anymore. So, they're not intending to use the inside of the building for that either. There are no sales of gasoline. The gas pumps have been removed a long time ago, and there will be no automobile sales. He doesn't intend to sell those cars, or operate a used car sales lot there. The surrounding uses have not changed probably in about 40 years. I'm guessing, but in the time, I don't think anything has changed in that area. That is a pretty stable commercial area that, the use of their R Industrial business uses. The zoning was B 1, and for some reason it was identified as LB, but LIO, I think within - oh, it's right down, well - now I remember, across the street is LIO. I knew I was visualizing this. LIO across the street, and within 1500 feet of B zoning. So this piece is the only LB zoning. His office, the Rent-A-Wreck site presently operates as an office. It's the command center where people call in, and many times when I was calling him, I didn'.t know where I was calling. Whether I was calling Greenport or Middle Island because, when there's no one in that office, all the calls get forwarded to Middle Island and that it's really just a satellite business office, and the rental of the cars, it's a distribution center. Again, when the, cars are, when he takes requests for rentals, either through Middle Island Page 37 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals office, or here. He says ok, so and so wants a car, and he distributes the cars out. So there's really no, um, it's mostly a business office. - Which is my second legal argument is that, it is a permitted use under the zoning district. The business office is a permitted use. That's what he has. The retail sales is an accessory supplemental use, that's permitted in the zoning district. I believe from previous interpretations that you have with Taylor Rental. You said in the past, hey, rent or buy. In retail you can buy, you can rent - because it's just a form of ownership, and as long as it's not the predominate use there, and it is supplemental, the office is the primary use, and then the rental is his inventory, he fulfills that need. Now we can talk about what kind of people are asking for these Rent-a-Wrecks. Now, if these were Mercedes-Benz or Porches, well maybe they wouldn't rent wrecks. They'd be renting fancy cars and they would be alot more. But he had the used cars. He has 90 cars in his fleet at Middle Island. He owns or leases his own repair shop in Middle Island, and then he has a flatbed truck which he owns which transports all these vehicles. That's why I'm sure that he is not going to operate any repairs at that site, because he's already paying for it and has his who infrastructure set up in Middle Island, and this Southold office is a satellite office. He fulfills a need in this community because his rentals are daily rentals for boaters. When the boaters come in and they want to get around and tour the North Fork, this is the best way to do it, is the rental of a car for a day, or a week, or however long our visitors are here. Sometimes he gets visitors that want to visit Tanger Mall or Splish Splash, and they go off and do that. He has one that certain people in the community have rented. One person that I got this story from your office manager, her husband had to go to Sloan Kettering and they wanted to get a larger vehicle to give him a comfortable ride, because it was a long ride from here to the medical facility. So, there are people here in Town that need that service as well. There is apparently, advertising his service here. There is free pick up at the for the customers at the Ferry or the Bus or the Train, or their personal homes. So, you don't really have a lot of parking needs there, because most people, if they need it, obviously they have a car, they wouldn't need it. They wouldn't need to rent one. So it's typically, they would have to go and rent the car to the person wherever they are, that the car, that the person is waiting for. As far as employees. There are ten (10) permanent employees with no more than one or two employees on the East End. He has 10 permanent in his Middle Island office, with one or two maximum here, and it's usually you or your office manager, right. { Page 38 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals The drivers, he has drivers that are typically on call, and depending on the needs, and they come again from Middle Island and deliver the cars or return the cars. Let's see. CHAIRMAN: How many cars, Pat, could we expect? I know you were talking about six cars. How many cars could we expect to see, at a maximum display at one time? PATRICIA MOORE ESQ: Six to eight. CHAIRMAN: Six to eight. And you said the Planning Board is going to deal with the site plan aspect? PATRICIA MOORE ESQ: I have again, depending on what you say, I would go back to the Planning Board and show them what's there, and whether they feel it can be accomplished through his own voluntary efforts through a waiver, or they make him go through a site plan process. But there's very little you can do with that property. It's been like that forever, and really what he wants to do and has held back on doing, is making the property look nicer. They've been wanting to paint it, and they started painting it, but obviously as a tenant, when your length there is, at this point questionable, he was unwilling to invest a lot of money in making the place look nice. But yes, he does intend to for his own benefit and business, to make the place look nicer. CHAIRMAN: OK. PATRICIA MOORE ESQ: So backtracking a little bit, this use could be permitted with respect to the nonconforming nature of this converted to another nonconforming use. If you believe that the code right now, would not address it or allow it. I think in reading the code that, his use is permitted by the business, the professional business office definition, or description in the code which is: 2B, 100-81-2B and then the retail use is supplemental to the service business establishment, and again that's his rental of his inventory. So, I think that you can see that it fits within the definition. But if you don't like that, or if you need something else to hang your hat on, I want to give you something else which is, that the nonconforming, converting to a nonconforming to another, which is actually a less intensive use, that has been historically been on that property. If you have any questions, I'd be happy to answer them. CHAIRMAN: How is Mr. DeFriest involved? PATRICIA MOORE ESQ: Mr. DeFriest. Well I'll start and you can interject anytime (facing Mr. DeFriest) . Mr. DeFriest at one time had planned on doing a business there, and then I guess at one point or another you offered to buy the property. You were leasing and buying. Page 39 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals DAVID DEFRIEST: Right, I was. PATRICIA MOORE ESQ: Ok, come on and answer. You know you can. (Mr. DeFriest came up to the microphone) DAVID DEFRIEST: In 1991 I had rented the facility, in 1991 or 1990 I was renting from Joseph Gnozzo, the big block building, and I was going to try to do a used car business, the same thing Mr. Goodale is doing in Mattituck. I ran into the same obstacle he did. But I didn't pursue it, so I got out of there at that time, and then I've always kept in touch with Mr. Gnozzo and now I've entered into a lease agreement with an option to buy the facility, the five acres. So for me, it's to my advantage. The reason I want to get this is, is because for my investment I'm going to have there,a this is the best situation to rent it out as a business, as opposed to a residence. So right now, I lease it with an option to buy, and I have two years to exercise that option. CHAIRMAN: So you're very simply, leasing it to him. MR. DAVID DEFRIEST: Well yes, he's my tenant. Right. PATRICIA MOORE ESQ: A subtenant, sublease. SECRETARY LINDA KOWALSKI: I just wanted to ask. Is he using the property at all under the lease, separately from the subtenant? MR. DEFRIEST: Me? SECRETARY: Yes. PATRICIA MOORE ESQ: Are you using it? MR. DAVID DEFRIEST: No, I'm not. I have another tenant in the block building. That's what I started to say earlier, then I didn't say anymore. I have a tenant there who is storing cars. Joe is not storing cars there. CHAIRMAN: Right. SECRETARY LINDA KOWALSKI: OK CHAIRMAN: He's not utilizing that building at all. MR. DAVID DEFRIEST: No. And then there's the little block building in the back, that kind of mine. At this point I haven't done anything with it. All I've done is clean it out, and it's going to be painted, and you know, put a new roof on it. I did that already. Page 40 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: Are these antique cars that are being stored or are these regular cars? MR. DAVID DEFRIEST: Regular cars, some older ones. I had a Mercedes in there, an older Mercedes and we had some antique gas pumps in there. It's basically just for storage. CHAIRMAN: Ok, no business being operated? MR. DAVID DEFRIEST: Not to my knowledge. CHAIRMAN: Ok, thanks. Yes. PATRICIA MOORE ESQ: It's also to my understanding, with respect to the house. Now, you've heard from one tenant, excuse me, one owner of the house to the East, who is in favor. The house to the west I understand, may be in foreclosure, so. CHAIRMAN: Good, we'll start with Mr. Villa. MEMBER VILLA: Basically, you said your clients would be agreeable to all kinds of covenants or agreements basically that there be no repair work or all of that. So that we could put that into the decision? PATRICIA MOORE ESQ: That's right, yes. MEMBER VILLA: Is there any thoughts - . In other words you're saying, six or eight cars. Do you have to have them all in the front of the building? I know you have two on the side, on a sketch but. Mr. WILLSBY: Well, when people come in to park you can't tell people where not to park or where to park. If you want less in front of the building, I can try to keep it down, if that's what I have to do. MEMBER VILLA: That's what I figured. PATRICIA MOORE ESQ: One is display. Mr. WILLSBY: Display- I display six cars all the time. Not all the time, if I drop the cars in. MEMBER VILLA: I mean, do you feel you need six cars for display? Mr. WILLSBY: . No, I don't need six. MEMBER VILLA: Because you have a big piece of property. I was just wondering if you could just minimize the impact in the front. Page 41 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals Mr. WILLSBY: I do not lease the whole property. I only lease part of it. SECRETARY LINDA KOWALSKI: What part of it do you lease? Mr. DEFRIEST: Just an area that surrounds the building. Basically where you have that picture that you mentioned, where it shows employees' parking behind the building. MEMBER VILLA: Right. Mr. DEFRIEST: He leases that little space back there, and the entire building in the front. CHAIRMAN: You're referring to the house, as the entire building. Mr. DEFRIEST: Yes CHAIRMAN: Right MEMBER VILLA: And some dividing line between that and the concrete building. Mr. DEFRIEST: Right MEMBER VILLA: Because it's showing -- CHAIRMAN: That's a common driveway. Mr. DEFRIEST: Oh, yes. The concrete building, the big one. I was thinking about the little one here. But, the little concrete building in the back, he leases from basically the building to the right of that, and the whole entire building where his office is. MEMBER VILLA: Because it shows two rental cars to the side of that building, which would be the West side. Mr. DEFRIEST: Yes MEMBER VILLA: I was just wondering if you couldn't just line them up in there, rather then in the front. Mr. DEFRIEST: It would be hard because that's a common driveway for the other man. MEMBER VILLA: Ok. SECRETARY LINDA KOWALSKI: Where is the common driveway? CHAIRMAN: Between' the two buildings. Page 42 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: Between the two buildings? Mr. WILLSBY: Excuse me? CHAIRMAN: Common driveway, between the two buildings? Mr. WILLSBY: Yes CHAIRMAN: And you can't stop the person from going in and out, and using the concrete building, so - I mean. The driveway has got to remain open. Mr. WILLSBY: Yes CHAIRMAN: OK, Mr. Doyen? MEMBER DOYEN: No comments. CHAIRMAN: Mrs. Tortora? MEMBER TORTORA: Yes, the problem I'm having here is simple. I viewed it as a use variance. The use is not a permitted use, and any district except a B zone by Special Exception, as an accessory to a car dealership. This is part of the code I'm reading. You're suggesting that the rental of cars is accessory, is what your suggesting? PATRICIA MOORE ESQ: Well, it's primarily a satellite office. It's a business office as a permitted -- I'm trying to find under the present code, if any of the provisions, if it could fit under any of the provisions. There is no definition of "business" office in the code, and what he's doing essentially is, operating a business, a satellite business, taking in orders, and the paper work essentially. Which is what I think of a business office doing, with his inventory being out there. With his cars being out there as his inventory, that it's again it's supplemental to the office use, so. MEMBER TORTORA: The office use is the primary use? PATRICIA MOORE ESQ: The primary use, yes. MEMBER. TORTORA: For the rental of. PATRICIA MOORE ESQ: For the rental yes, because really, there is not definition of, other than the paragraph that you sight under business zoning. That's the only place I could find anything relating to car rentals. But it talks more of like leasing, rather than, I mean, it's the sale and lease of vehicles, or. I'm not sure it was ever though of, when the code was written because, if other people had thought of this use they probably would have already started operating it in the Town. It's similar to Taylor Rental Page 43 - Transcript of Hearings Regular Meeting of July 24, 1996 Y Southold Town Board of Appeals where, you have an inventory of things. It could be lawn mowers, it could be soups. It could be anything, and you rent it, rather than sell it. MEMBER TORTORA: I'm not questioning that, I'm just questioning, whether we should be looking at the criteria for a use variance, and whether your client has looked at any of the other permitted options in that district. That was one of the things I wanted to know, and the other thing I wanted to know is: You mentioned that this used to be a B district. Do you know if that was changed in 1989? PATRICIA MOORE ESQ: It was done in 1989. MEMBER TORTORA: So after 1989) it has not been used for anything but office, Chesterfield Associates I believe? PATRICIA MOORE ESQ: No, it was a lawn mower was it. MEMBER TORTORA: That was prior to --. PATRICIA MOORE ESQ: It was Lawn mower and Sales. MEMBER TORTORA: That was 1979 according to what you said. PATRICIA MOORE ESQ: Now wait a second. Let me see. Oh, thereabouts, in 1988 is what I had as Mattituck Glass & Window, and Auto Glass sold. Based on the photograph that's in the Assessor's Office that has a date on it. But, whether it was continuing after that date, is in that range. It's in that period of time. MEMBER TORTORA: What I'm trying. to get at is. After the zone was changed there, has it at any time been used for anything other than a business office without a Special Exception permit from the Zoning Board of Appeals. PATRICIA MOORE ESQ: Other than a business office, you said? MEMBER TORTORA: Other than this Chesterfield Associates. PATRICIA MOORE ESQ: Yes. Mattituck Glass, Window & Glass, sold, serviced, and installed. MEMBER TORTORA: And how long did they use that, until 188 or after? PATRICIA MOORE ESQ: No, I'm just saying that 188 is when I have reference that they were there. CHAIRMAN: Were they there in 191, when you starting leasing? Page 44 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MR. DEFRIEST: Well I'd like to sidetrack a little bit. The glass was actually in the block building, in the bigger building, but it's on the same property CHAIRMAN: Right. MR. DEFRIEST: Yes, I took over that building when they vacated it. CHAIRMAN: Ok. That was the question. So that was vacated around 1991. MR. DEFRIEST: Right MEMBER VILLA: So, they were under a preexisting nonconforming, at that time? PATRICIA MOORE ESQ: Right MEMBER TORTORA: So from 191 to 95? PATRICIA MOORE ESQ: No, 1988. MR. DEFRIEST: The guy that's in there now, you see, I was in there and as I said, I tried to do an auto sales business, and the Town code doesn't permit it. I didn't want to go pursue it, so I decided to give it up, and that's when Greg Standish, he rented it. I told Joe Gnozzo, and this guy just took over when I got out of there, and then he started storing cars, and he's been there ever since. CHAIRMAN: But the issue that Lydia is asking for. What was it used as after, post 1989? MEMBER TORTORA: No, no. MR. DEFRIEST: I don't think anything, other than. I know the Chesterfield Associates rented it from Joe Gnozzo, because he was the owner. CHAIRMAN: Yes, but Mattituck Glass was there until 191? PATRICIA MOORE ESQ: Right, so it would have been post to zoning, post to zone change. CHAIRMAN: Yes, that's what you wanted to ask, yes. MEMBER TORTORA: Yes. PATRICIA MOORE ESQ: Right. Page 45 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: That's the reason why I jumped in, in the middle of this. MEMBER TORTORA: That's what I was trying to do, trying to get the time frame in there, of whether it was discontinued and so on. CHAIRMAN: I think we're trying to figure out is, if the nonconforming use was continued or not. PATRICIA MOORE ESQ: Right SECRETARY LINDA KOWALSKI: Mattituck Auto & Glass was a business office, with telephone sales, right? CHAIRMAN: And repair. PATRICIA MOORE ESQ: And repair, and retail. Apparently their description on their sign was, "Sales, Repairs for Automobile Glass". Everything that. SECRETARY LINDA KOWALSKI: Everything related to glass. CHAIRMAN: They did glass, mirrors, every, all kinds of glass SECRETARY LINDA KOWALSKI: They replaced windows and glass. PATRICIA MOORE ESQ: Right. But they did autos, they did repairs. Essentially, they covered all the zoning criteria, like retail, office, you know. MEMBER TORTORA: They were the continuing nonconforming use. PATRICIA MOORE ESQ: Right, but the intent was never to abandoned any use there that was retail or office. Based on what I found as far as the history of the property. It always been maintained and continued, but that's been the intent of the building. The building really can't sustain anything other than a commercial use there. A house is not a very (tape was changed) . I think you also have another alternative, which is the change to another nonconforming use, which is a less intensive use, based on everything you've heard about how he operates his business. So, it's much better than if it were an automobile repair rental of vehicles or auto sales or rental because, it's much less intensive. Sales and rentals would imply repairs and all the other thing that go along with the selling of parts. So, like Mullen Motors. I'm just thinking Mullen Motors, some of the other car places. There's a certain .amount of repair work that's done on the premises. MEMBER TORTORA: When was that Rent A Wreck formed? MR. WILLSBY: The franchise? Page 46 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: It is a franchise. MEMBER TORTORA: It is a franchise. MR. WILLSBY: Yes, it is a franchise. It's been in existence about 27 years. MEMBER TORTORA: So this is the spot where it's located, its a franchise. MR. WILLSBY: Worldwide. CHAIRMAN: It is a franchise. MR. WILLSBY: It is a worldwide franchise. MEMBER TORTORA: Ok. CHAIRMAN: While you're there, Mrs. Moore. Is there anybody else that would like to speak in favor or against this application? Seeing no hands. MEMBER VILLA: Could I ask another question? CHAIRMAN: Sure. MEMBER VILLA: I notice in the paper where the lease is going to be up in August. It only goes until August of next year, I'm sorry '97. Now PATRICIA MOORE ESQ: The DeFriest lease? MEMBER VILLA: Well, the lease in here (ZBA file) . PATRICIA MOORE ESQ: That would be the DeFriest lease. I'm trying to remember what you have in your file. MR. DEFRIEST: Is there somewhere in there, where there is an option, I believe, to renew it. One for 18 months with a, if I still needed more time, they would give me another eight months, or another six months rather, which would make it two years. Basically it was for me to get financing. But as I say if I can't do this, can't do a commercial rental there, maybe I won't pursue the purchase of it anyway. CHAIRMAN: And then Mr. Willsby would go to another site, and you'll be back here again. PATRICIA MOORE ESQ: He really likes that spot. Apparently, location wise, for Greenport, it's really becoming a tourist area, with the marinas and so on. The other area is working out well. r, Page 47 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MEMBER VILLA: Well, basically the question I had was that. It seems like a short term thing, but if this gets approved, you, Mr. DeFriest would buy this, and you in turn would go into a long term lease with Budget Rent A Car. PATRICIA MOORE ESQ: Right. CHAIRMAN: Now, this is the only lease that exists on the property, except for the agreement you have with the person that's renting the cement block building? SECRETARY LINDA KOWALSKI: There's another lease, right? CHAIRMAN: There's another lease. SECRETARY LINDA KOWALSKI: With the cement block building. MR. DEFRIEST: Right. I don't have a lease with him though either. CHAIRMAN: It's month to month. MR. DEFRIEST: Yes. SECRETARY LINDA KOWALSKI: It's oral. MR. DEFRIEST: Yes. CHAIRMAN: So, this is the only lease that covers this entire piece of property right now, to your knowledge. SECRETARY LINDA KOWALSKI: The only written lease. CHAIRMAN: The only written lease. MR. DEFRIEST: Right. MEMBER VILLA: Now do we have to address two uses on this one piece of property. SECRETARY LINDA KOWALSKI: No, if it's five acres so. CHAIRMAN: No, we're going to draw a line down and say this is A side, and this is B side, and that's it. Very easy, it's the way I do it in everything that I deal with up West some. PATRICIA MOORE ESQ: Slalom light. CHAIRMAN: And if it's not on there, I'll take spray paint out and spray it on there, and then it's etched in stone. lot Page 48 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals PATRICIA MOORE ESQ: Just like my kids. You can't cross the line in the car. You can't cross you leg under that line. CHAIRMAN: Usually, I give the tenants an option. Would you like A, B, or C. PATRICIA MOORE ESQ: Yes, if you have any options. Would you like to (jokingly) (inaudible due to voices in mikes laughing, coughing, etc) . CHAIRMAN: No, the only option I have Mrs. Moore is to close the hearing, and reserve decision. So, you can stay around and we'll be agonizing over this in a short period of time. Ok, hearing no further comment, I'll make a motion reserving decision until later. Prepared by Noreen Frey. RECEIVED AND FILED BY THE sOUTIIOLD TOW14 CLERK DATE HC LT :,S� Town Clerk, Town of Southold