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HomeMy WebLinkAboutZBA-08/21/1996 HEARING f y V., t � TRANSCRIPT OF HEARINGS HELD AUGUST 21, 1996. PRIIPARED FOR BOARD OF APPEALS by Noreen Frey 7:30 p.m. Appl. 44409 - VINCENT AND LINDA BASILICA. by Craig Arm, East End Drafting. Request for a Variance under Article XX111, Section 100-239.4B based upon the Building Inspector's July 23, 1996 Notice of Disapproval concerning an application for a building permit to construct addition to existing dwelling, four feet of which will be located in the rear yard, within 75 feet of bulkhead. Location. of Property: Peconic Bay Estates, 3255 Bay Shore R.oa.d, Greenport, NY; „County Parcel ID #1000-53-6-8. This parcel consists of 1.1,625+-sf. CHAIRMAN: I have a sketch which I refer to as a site plan indicating the highlighted area of the four feet, and the indication of it's proximity to the high water mark, which is 49 feet at it's closest point, on the one side. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is Mr. Arm available? How are you tonight Sir? MR. CRAIG ARM: Ok, very well. CHAIRMAN: Good. I have no idea ---. You are just going to have to yell a little louder. MR. CRAIG ARM: Ok CHAIRMAN: I apologize over the air-conditioning and everything. What can you tell us? MR. CRAIG ARM: Ok, I've never actually done this before. CHAIRMAN: Ok MR. CRAIG ARM: The main -- CHAIRMAN: We won't grill you to badly. MR. CRAIG ARM: In reference to why they're proposing to do this. CIIAIR.MAN: Right. s t Page 2 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals MR.. CRAIG ARM: The reason there doing it there, renovating their house. To make it more usable Summer house for them, and they wish to add some .living space. Some Living room and Dining room space including opening up an existing porch, and just make the house uphold it's value as a nice water front house. The only real economical way to do so is put an addition in the rear of the house, because if we go towards the front of the house it really doesn't tie in with any, without knocking down the whole house, and their floor plan. They are already close to the side yards, and to go up steps. They're not really looking for additional bedrooms or anything upstairs. So, the only real place is out towards the water. CHAIRMAN: Ok. This is an intrical part of the house. This is not a deck. This is to be added to the house, and be used as living area 12 months of the year. MR.. CRAIG ARM: Yes CHAIRMAN: Ok. Start with Mr. Villa. Do you have any questions of Mr. Arm? MEMBER. VILLA: No I have no questions CHAIRMAN: Mr. Dinizio. MEMBER DINIZIO: No CHAIRMAN: Mr. Doyen MEMBER DOYEN: No CHAIRMAN: Ok, we'll see if anybody else has any objections while you're standing there. Is there anybody in the audience that would like to speak in favor of this application? Is there anybody that would like to speak against the application? Ok, any comments from any board members in reference to a motion, or do you want to ---? MEMBER VILLA: The only way, you're definitely going to stay on grade with that patio, right. So that you're not going to come back for in the future for another variance? SECRETARY LINDA KOWALSKI: The patio is not part of the variance, so. MEMBER VILLA: Well, it's on grade. I'm just saying ---. SECRETARY LINDA KOWALSKI: They don't need a permit. Page 3 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals MEMBER VILLA: If they raise it. That's why I just want to see it stay on grade. MR. CRAIG ARM: I'm just keeping it on grade as a ( ) direct patio ( ) there. MEMBER VILLA: OK CHAIRMAN: Who wants to offer the Resolutions? MEMBER VILLA: I'll offer it. CHAIRMAN: OK, as applied for. MEMBER. VILLA: As applied for. SECRETARY LINDA KOWALSKI: It's approved as applied for. CHAIRMAN: All in favor, aye. � y Page 4 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals 7:34 p.m. Appl. No. 4406 - BARBARA ADAMS. Request for Variance based upon the July 18, 1996 Building Inspector's Notice of Disapproval under Article 111, Section 100-33 issued on the following grounds: A building permit application has been filed requesting the location of an accessory building in an area other than the rear yard at 8100 Indian Neck Lane, Peconic, NY; County Tax Map Parcel #1000-86-07-9. CHAIRMAN: We have a sketch of a survey indicating the approximate placement of the shed which is 45 to 50 feet from Indian Neck Lane, and approximately 45 to 50 feet from, I guess that's Indian Neck Lane -Extension, which is the same road. BARBARA ADAMS: Indian Neck Road. CHAIRMAN: The rear which is actually the front yard of the property. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Ms. Adams, is she here. How are you? SECRETARY LINDA KOWALSKI: Before you start, I want to mention, there are letters in there. CHAIRMAN: OK, I'll mention it. SECRETARY LINDA KOWALSKI: Letters in favor, and one against. CHAIRMAN: Yes BARBARA ADAMS: I made copies of the statement. I'm going to read some letters that I received. Shall I hand them out to you? I've got one for each person. CHAIRMAN: Surely yes, and in the interim, I'll mention that there are several letters of support in the file, and there is one letter of concern and objection in the file. BARBARA ADAMS: What I've said here is that. Since I was in desperate need of a storage shed, and the only way I could get in a storage area of the house is on a ladder, and I'm getting too old and unsteady for that. So, I bought a ready made shed, very pretty with a.11 good intentions. I bought the best looking shed available to me, and pu0it on what seemed to me the most attractive and logical space on what I considered to be my backyard. As you can see in the enclosed survey, which my cousin Marjory Prellwitz found in an old desk, the property on 8100 Indian Neck Lane is an unusual elonga.tedrectaiiglena.rrowing toward the rear, because of its peculiar configuration, and the fact that it's a .Summer, that it is a corner Page 5 - IIearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals lot, it doesn't fit into the normal category described in the Zoning Code. Usually, properties on the Bay or Sound have the access road parallel in the back. In the case of my property, the road is on the site. It's unusual and atypical, and is the reason why the shed is placed, in the place where I placed it. In what I considered to be a real backyard of the property, and everybody I talk to does. Where the shed would have been faced, the area designated by the Building Inspector, would have been either the front yard or the side yard, or Mr. Dawson's, depending on the definitions of the Zoning Board. It would also have been inaccessible to the areas where it was needed, according to all the architects in Town and planners, the shed is placed logically and artistically in the most appropriate site. In its present location, the shed is near what has always been, the utility area of the house since 1915, and easily accessible to the garage and rear door. When builders suspected, inspected the filthy collapsing wreck that I acquired two years ago, they all said, bulldoze it. Instead, I chose to carefully and lovingly restore it to the charming country beach cottage that it had been when my Mother had been in residence. The site and cottage are said to have been an original (s island) Club, so the building may have some historic significance. Thai. is why I rejected the .kind suggestion that the Building Inspector, that I could avoid asking for a variance by bolting :it to the building. I felt that such a move would have disturbed the integrity of the building, and not look nice from the road. All the neighbors and others who pass my house on their_ way to the beach, have praised the restoration, beautification, of what used to be a tragic slum. And they love the way I have placed the pretty shed, as well as the plantings surrounding it. In view of all the above, I respectfully beg for your compassion and understanding, in granting a variance so that I can get on with other necessary repairs, such as replacing the rotten improvised front porch, with any time replica of that which was originally attached to the house, during my happy childhood days. Thank you very much. CHAIRMAN: Just before you leave us. What utility do you have in the shed. Do you have electricity in the shed? BAR.BARA ADAMS: I have one electric light. CHAIRMAN: Oh. There is no water in the shed? BARBARA ADAMS: No. CHAIRMAN: OK, and it has a wooden floor. L 1 Page 6 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals BARBARA ADAMS: Right. CHAIRMAN: OK. Let's start with Mr. Doyen. Mr. Doyen, do you have any questions of this Lady? MEMBER DOYEN: No. CHAIRMAN: Mr. Dinizio: MEMBER DINIZIO: No. CHAIRMAN: Mr. Villa. MEMBER VILLA: You're showing a dimension on your 45 to 50 feet. Is that to a property line, or is that to a roadway? BARBARA ADAMS: 45, I paved this out with my next door neighbor Mrs.. Dawson, who's contingent with my property on two sides. 45 to 50 feet from the roadway to the shed, we couldn't tell exactly where we should do it from the roadway, you know, where the roadway began. So I said, 45 to 50. Then on the other side, 45 to 50 feet to his property. So, it's more or less in the center of where it should be in the rear area. MEMBER VILLA: But, is that 45 or 50 feet from the pavement, or what you think is the property line? BARBARA ADAMS: One is 45 to 50 feet from the road. The other side is, it's not me also, it's my neighbor Mr. Dawson. MEMBER. VILLA: I know that. BARBARA ADAMS: But the other side, from my house to his front boarder, front tier, whatever you call it. It's again 50 to 55 feet. I may have made a mistake in marking it, and it's about 75 feet to the back part of this property line. You see, he borders me on two sides. I'm bordered only by Mr. Dawson and then the Ru-. CHAIRMAN: I guess we'll have to make a actual physical inspection with a tape. MEMBER VILLA: Well I've seen some of the letters and the objections we've had about it. You know, lack of a survey in the actual location. It's questionable to where it is. That's my point. SECRETARY LINDA KOWALSKI: How is it questionable, by five feet or 50 feet. i Page 7 - hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals MEMBER VILLA: I don't know. We don't know where the road is down there because it's paved. SECRETARY LINDA KOWALSKI: What would you say the closest would be to the front road line, to the front (to Mrs. Adams)? CHAIRMAN: Well, it's closer on the East side, than it is on the North side. WENDY PRELLWITZ: Yes, it's ( ) on the East side. Probably between 40 or 50 feet from the road back. SECRETARY LINDA KOWALSKI: I mean it's there. Why would you need a survey. CHAIRMAN: Do we have a tape in there, they can go measure. BARBARA ADAMS: If you would excuse me, I also would like to read into the record some letters I've received from the neighbors, because after all, my immediate neighbors are the ones much immediately concerned with this shed. CHAIRMAN: Surely. BARBARA ADAMS: Do I have your permission to read it. CHAIRMAN: Surely. BARBARA ADAMS: Thank you. This is a letter from Bob Day. He lives right across the road from me, and his property is practically opposite to my property. He sees me more than anyone else. My family and I own a Summer residence across the street from Barbara Adams on Indian Neck Lane in Peconic. In the last year Ms. Adams has made many improvements in the look of her property, which has previously been kept in a filthy and unmaintainedcondition. She has done all her neighbors a great favor by repairing fences, replanting gardens, and fixing up the house and property in general. We understand that, according to the regulations, she installedher garden shed in an improper place. Frankly, we think it is in a very good spot. It has improved the look and balance of the yard and is not an eyesore at all. It is surrounded by nice plantings and did not require the cutting of trees to install. One hardly notices it at all. £ 1 Page 8 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals He's an art photographer and he knows beauty when he sees it. Then I have a letter from the Prellwitz, and from my immediate neighbor Mr. Dawson, Mr. James Dawson,which says: Dear Board Members, We are writing this letter on behalf of my neighbor, Barbara Adams, 8100 Indian Neck Lane, Peconic. Ms. Adams is seeking a variance for a storage shed located on her property. We have seen the storage shed, which is brand-new, and find it an attractive addition to her yard. From the time Ms. Adams moved into her home, she has made numerous improvements to her property and we consider the storage shed to be just one more improvement. The storage shed is constructed of T1-11 which is the same material as a garage which was newly constructed on an expensive new home located just several hundred feet from the Adams shed. Therefore, they are related to each other. It makes sense. In view of the above we respectfully that the board grant Ms. Adams the variance needed for her shed. Then the next house up on Indian Neck Lane. We'll work our way up to my house. This is from Mrs. Prellwitz: To Whom It May Concern: I am a near neighbor of Barbara Adams, who has a Zoning Appeal coming up soon in regard to the placement of a shed on her property, I would like to add my voice to the appeal for a variance, as the shed is conveniently placed in the most sensible place for it. The lot is long and narrow with the unusual situation of the long side being on the road and something that is called the "front" yard. The, MRS. PRELLWITZ: Something else? BAR.BARA ADAMS: I'm sorry. MRS. PRELLWITZ: Want some help? BARBARA ADAMS: That might help. The property has been, has taken, anyway - she liked the shed and she liked the property and she realizes that it's an atypical piece of property and she's been in that area for years and years and years. Nina Fischer is the next house up on Indian Neck Lane is another neighbor. She says, Dear Sir, I am pleased with Barbara Adams improvements of her property, both in quality and appearance, and the neighborhood is grateful to her for having removed an eyesore. t Page 9 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals NINA FISCHER: That's me. BARBARA ADAMS: Then the next one is from Mrs. Robinson Posel of the Robinson property formally. She says: Dear Zoning Board Member, It has come to my attention that a property improvement at Barbara Adams at the end of Indian Neck Lane is being protested. As a part time resident and full-time taxpayer for 34 years, with family members having settled on Indian Neck in 1900, I would like to have made part of the record that I'am very pleased with the upgrading recently accomplished on this prime property. Previously the occupant had caused a shameful deterioration which was to the detriment of all of us who value highly our shorefront properties. The current owner continues to add a valuable improvement to the interior, exterior and to the important landscaping and natural beauty of the property. The structure in question is most attractive and adds a great deal to the appearance of the area. Neighbors I have discussed this with have told me they believe this "shed" is a most attractive addition and is a real plus to the property. I respectfully requestthat this "protest" be treated for the frivolous action it appears to be. That's all. Thank you. CHAIRMAN: Thank you. JODYADAMS: How come this CHAIRMAN: Pardon me, Ms. Adams please. These were not letters written in anybody's behalf, except for your sisters. Ms. Adams, we are going to have to have the exact footage from the, at least. to the edge of the pavement, ok.. We will recess the hearing after we complete the hearing tonight. SECRETARY LI•NDA KOWALSKI: No recess it, reserve. CHAIRMAN: Reserve decision. SECRETARY LINDA KOWALSKI: Not recess it, reserve. CHAIRMAN: We'll close the hearing and reserve decision. BAR.BARA ADAMS: How do we? CHAIRMAN: You've got to get a tape from somebody and run a tape, ok. If not, we'll supply you with a tape. 1 t Page 10 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals BARBARA ADAMS: But I have to know from where you're talking about, the front of the road. CHAIRMAN: From the road to the building. JODY ADAMS: From the property line Sir. Is that not correct? The road is. CHAIRMAN: Please wait until you are called upon. JO.DYADAMS: I might not remember. CHAIRMAN: Write it down. Excuse me for everybody's indulgence here. I will personally come over and attempt to find the monuments for you, ok. I'll do the best I can. BARBARA ADAMS: I'm terribly sorry. I've done the best I could do. CHAIRMAN: I know. I understand that. BARBARA ADAMS: And even, because I'm not sure having lived in Nepal .for the last 35 years, I'm not quite cognicent of your methods and the way of everything. CHAIRMAN: I understand. We'll work it out, all right. BARBARA ADAMS: Shall I sit down? CHAIRMAN: Yes, you can sit down. BARBARA ADAMS: Unless you have more questions? CHAIRMAN: I don't have any questions. Does anybody have any questions of this Lady? CHAIRMAN: No, I think that's fine. BARBARA ADAMS: Would you like anybody to speak in my favor? CHAIRMAN: If they would like to, sure. Is there anybody that would like to speak in behalf of Ms. Adams for her application? , WENDY PRELLWITZ: Wendy Prellwitz on behalf of her application. SECRETARY: We can't hear you from here. CHAIRMAN: I need your name. Page 11 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: I can't hear you. WENDY PRELLWITZ: Wendy Prellwitz CHAIRMAN: OK WENDY PRELLWITZ: I'm the daughter of the Prellwitz family that lives two houses over and relative of Barbara's. I just want to say that: I think the shed, it's very confusing. This side, back, front yard issue, when you're on corner lot property. CHAIRMAN: Corner lot, waterfront lot and on a corner. WENDY PRELLWITZ: It's a hard situation and it seems just .to us a logical place to put it, and we'd be happy to help measure the thing too, if we can get a tape measure and start from the road. But we as neighbors feel fine where the shed is. CHAIRMAN: Thank you. MARY ANN PORRAS: Mary Ann Porras. I live, I'm a resident of Southold Town and we're friends and I was with her, and I spoke to the Building Inspector first, and was terribly confused about front yard, side yard, back yard. I thought we were getting into a bit of a. semantical problem because, if the front of the yard is what faces the road, then actually there is a corner of the shed that actually is in that front yard. Then when I went with Ms. B. Adamsto the Building Inspector and we had found out about, well, if that is the front yard it should be ok, and you can argue a little about semantically. Oh no, that's now side yard and it has to go in the backyard. So that his definition to me, if you look at the survey that Ms. J. Adams submitted, there's only 16 feet there and it's a totally illogical place to have the shed be put there. It can't be put there. CHAIRMAN: OK, could I just have the spelling of your last name. MAR.Y ANN PORR.AS: Porras. CHAIRMAN: Thank you. Is there anyone else that would like to speak in favor? OK, Ms. Adams would you like to speak? MS. JODY ADAMS: Oh indeed. The question is. CHAIRMAN: Ok. Could I ask you to come up here and use this as a podium, this table here? r t Page 12 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals JODY ADAMS: . . . you'll be glad to hear. It's only a lifetime of various things. Oh, I am not that well organized. Where would you like me to (stand) . CHAIRMAN: Just right there, anyplace. - The mikes aren't working and we can pick you up better there. MS. JODY ADAMS: Yes. As whoever she is, has been telling you, the person that is making the application. She has done a lot of work on this property in the last year and one half. As noted, she has done it without any knowledge of her property lines, any knowledge where her cesspools are, where well points are, without getting any building permits. It is my sincere belief, she has sworn under.oath in something submitted to this board, that when she moved into the property, it was missing two roofs. Now in defining, I've read more than I'd ever care to again, about Building Department, about 'Zoning, and under those definitions, the replacement of missing roofs requires a building permit. She has added a. deck which is covering certain things, which perhaps might not be, in other words, she doesn't conform to anything, and I do not feel that this thing should be granted until an overall precise survey, you know, where the shed is sitting on, what the width dimensions are. What the dimensions are in relation to the property line and that she should bring her work under scrutiny. She is a rebel. She is a renegade and she's a grossly dishonest human being. CHAIRMAN: Please, ok, ok. I understand that but, you know . JODY ADAMS: You two don't look good. CHAIRMAN: I understand your statements, ok. I want you to concentrate on the germane issue and that is the shed, ok. JODY ADAMS: No, Sir, I do not believe, all right. In the first place, waterfront property I understand you can have shed in either your front yard or your backyard, not just in the backyard, I am told. Do you know anything about that? CHAIRMAN: This board, when there is a hardship can place a shed in any specific place. JODYADAMS: According to Linda and the Building Department I believe. Waterfront property has a double option. CHAIRMAN: That is correct. JODY ADAMS: Because waterfront property tends to face the water. Page 13 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals CHAIRMAN: That is correct. JODYADAMS: And so you can apparently have two choices, front or back. CHAIRMAN: Right JODYADAMS: And as noted, this is a very strange piece of property. It has practically been recovered from nature. It is on a recently surveyed, we've lost beach. All the dimensions are different. There are, I just think, I don't think you should close your hearing. I think you should demand a survey with notice of where all these things are. And I think the Building Department should inspect the work done and she could get the proper permits , and then we can discuss the shed. I do not like the shed. I think the shed could be in the rear, what I call the rear which is close to the Dawsonline, without moving anything. All her plantings are new. She has fenced in 10 feet of the public road, and so far it's not, and those plantings have to be removed, unless you've' all gone insane, because you don't fence in a Public Road. You don't do that. She is arresting people. Her tenants are arresting people if they come within this unknown property line, and you have a parking problem down there. It's the end of the road and she has 300 feet on the road. You have a lot of problems bigger than one shed, and I would urge you to look at the overall problem before you grant anything. That's all I have to say. CHAIRMAN: Thank you JODYADAMS: Any questions? CHAIRMAN: I don't have any questions. Anybody have any questions? JODYADAMS: The shed may be on the well point and I'm not, it's very near the well point. You ought to know where the well point is, before you approve the shed. CHAIRMAN: OK JODYADAMS: Ok. CHAIRMAN: Thank you. Any other further comment on this hearing from anyone? Hearing no further comment I'll make a motion closing the hearing, pending an inspection, of which I would do with another board member, provided it's okay to go on your property and measure. It will more or likely be either this weekend or next weekend, and we'll go down there and measure. r r Page 14 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals BAR.BARA ADAMS: I would humbly think it would be this weekend. I had hoped to go to Vermont and get and install my Mother's tombstone the following weekend. CHAIRMAN: OK. JODYADAMS: That's' very touching but I really don't think it's relevant. CHAIRMAN: Ok, hearing no further comment, I offer that as a Resolution. ACTION TAKEN: Following discussions during the hearing, action was taken as follows by the Board: Motion by Chairman Goehringer to close (conclude) the public hearing, pending reinspection by himself or with another board member for a measurement. This motion was seconded by Member Dinizio, and duly carried by all members present (4-0) voting; Member Tortora was absent. (A determination with deliberations was not commenced, but is expected within 62 days of the close of this hearing.) Page 15 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals 7:58 p.m. Appl. No. 4403 - PATRICIA AND THOMAS MONAHAN, Owners. Request for a Special Exception to establish Accessory Bed and Breakfast Use with owner-occupancy and residency, as requested under Article IIIA, Section 100-30A.2-B (ref. 100-31B, limited to the renting of not more than three rooms for lodging and serving of breakfast to not more than six casual and transient roomers, provided that the renting of such rooms is clearly incidental and subordinate to the principal use of the dwelling. Location: 26350 Main Road, Cutchogue; ID #1000-109-4-5. CHAIRMAN: I have a copy of the sketch of the floor plan of the upstairs of the house, indicating the rooms to be used. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties. How are you Mr. Monahan? I had a lovely tour of your house Mr. & Mrs. Monahan on Saturday. Absolutely beautiful job in redoing this older house. MR. THOMAS MONAHAN appeared with Mrs. Monahan. MRS. PATRICIA MONAHAN: I don't know what to say. It's been my dream to buy an older house and rent rooms, and have a bed and breakfast. So of course we came out here, realizing,that perhaps one part of that dream would come true. You know, we bought it on the Main Road. We have the Golf course behind us, and lovely neighbors who all think it's a grant idea. Just reading about what's happening out here with the tourist, and they have no where to rent. So we thought perhaps, we'd rent two rooms out( ) , and serve a little Irish soda bread in the morning, and send them on their way, so they can spend their money elsewhere. Anyway, we decorated the house lovingly, and now I guess, the fourth quarter of our life, it will give us something to do, beside sitting on the porch, you know. It sounds like a fun thing to do, meet new people. I even bought a player piano at a yard sale, how's that? I don't know what else to say. It would help a little because both of us are retired. CHAIRMAN: Wait. Let's start with Mr. Villa. Mr. Villa any questions? MEMBER VILLA: No I don't have any questions, just one thing on the sketch. You don't have any room sizes. What are the approximate size of the rooms? MRS. PATRICIA MONAHAN: The approximate size. The la.vendarroom, with the lilac wallpaper print, is about 12 by 13. Two huge windows in it, and the other room is a little bigger, and has r Page 16 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals three windows all overlooking the porch, and that's it. We're only doing two rooms.. It's just a little CHAIRMAN: OK, Mr. Dinizio. MEMBER DINIZIO: No, thank you. CHAIRMAN: Mr. Doyen. MEMBER DOYEN: No. CHAIRMAN: The question I had when I was there was parking, and your husband had intimated that you were thinking about putting a circular parking lot in the front yard. MRS. PATRICIA MONAHAN: Well we'd like to, or just put -. CHAIRMAN: Two parking spaces in there. MR. THOMAS MONAHAN: That would be parking and safety and you know. CHAIRMAN: Yes, so you don't have to back out on the road, right. MRS. PATRICIA MONAHAN: Being on the Main Road, I don't let anyone back into that, so everyone just turns, so we really are two parking spaces there already. Plus, we have two parking spaces by the garage, and to the front of the garage. Plus, you could put about seven cars in the driveway. CHAIRMAN: Right, ok. Which ones would you opt to go for, hinging into the special permit. Putting those two in the front yard, those two. 'MR. THOMAS MONAHAN: The intent of the driveway in the front, whether it be circular or just CHAIRMAN: Right. MR. THOMAS MONAHAN: It would be just to facilitate turning around. CHAIRMAN: OK. MR. THOMAS MONAHAN: But the parking would be because of CHAIRMAN: So you're going to use the parking in front of the garage. Page 17 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals MR.. THOMAS MONAHAN: Yes CHAIRMAN: For transient guests. MR.. THOMAS MONAHAN: Yes CHAIRMAN: OK. While you're standing there, is there anybody else in the audience that would like to speak in favor of this application. MEMBER DINIZIO: I want to clear something up. CHAIRMAN: Yes, OK. Would anyone like to speak against the application? OK. MS. JODY ADAMS: I'd like to ask one question. CHAIR.MAN: Yes MS. JODY ADAMS: Which has nothing to do with their application? CHAIRMAN: Could you just hold that question? Mr. Dinizio has a question. Go ahead. MEMBER DINIZIO: The survey here indicates that there are two parking spaces in the front. That's not so. MRS. PATRICIA MONAHAN: Well, there's still. MEMBER DINIZIO: Well I mean, you want to dedicate. MRS. PATRICIA MONAHAN: Someone graveled them: MEMBER. DINIZIO: But you want to dedicate two in the rear for this use, and then you're going to put a circular type whatever. CHAIRMAN: Or back in. The driveway, to answer your question Jim. The front lawn is already riveted already. MEMBER- DINIZIO: Right. CHAIRMAN: You've used it for parking. MRS. PATRICIA MONAHAN: Right. MR. MONAHAN: We've used it for turning around mostly, yes. CHAIRMAN: Yes. Page 18 - Hearing 'Transcript Meeting of August 21, 1996 Southold Town Board of Appeals MEMBER DINIZIO: We're not, I mean, if were going to approve it this way, then there is going to be -. • CHAIRMAN: No, they want it in front of the garage. MEMBER DINIZIO: So let's just mention that. CHAIRMAN: Well, we will in the decision. OK. I just have one question. Ms. Adams? MS. JODY ADAMS: Yes,, is there any time in the evening when one can leave the individual hearing, and discuss. CHAIRMAN: At the end of the hearing. MS. JODY. ADAMS: Pardon. CHAIRMAN: At the end of the hearings. MS. JODY ADAMS: OK CHAIRMAN: Yes, ok. Hearing no further comment, is there anyone that would like to offer a Resolution? I'll offer the Resolution. MEMBER DINIZIO: I'll second. CHAIRMAN: All in favor. SECRETARY LINDA KOWALSKI: What is the Resolution? CHAIRMAN: The Resolution is to approve the special permit, provided that the Monahans are providing two parking spaces, adjacent to the garage area in the rear of the house. It is the intent of this board and my Resolution that no one back out on the Main Road, ok. So, I don't care if they utilize it as a circular driveway, or if they utilize two parking spaces, that they have on the survey, ok. But no one should back out on the Main Road, and that the special permit be limited to the two bedrooms of the three bedroom house. They have within the physical inspection, a very beautiful master bedroom in the rear of the house, and that is the bedroom they choose to use, which has a separate stairwell, leading back down to the kitchen. SECRETARY LINDA KOWALSKI: Use for what? CHAIRMAN: For themselves. SECRETARY LINDA KOWALSKI: OK . Page 19 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals CHAIRMAN: So the Special Exception is limited to the two front bedrooms, ok and that is it. All in favor, aye. 8:07 p.m. Appl. No. 4404 - RICHARD NEMSCHICK AND SUZANNE AUER: Request under Section 100-244B for Variance based upon the Building's Inspector's July 16, 1996 Notice of Disapproval wherein applicants have applied for a. building permit to construct new dwelling with a setback at less than the required 60 ft. in this R-80 Zone District. Subject property is known as 1035 Sebastian's Cove Road, Mattituck, a/k/a Lot #9 on the Sebastian Cove, Section 11 Subdivision Map; County Tax Map Parcel ID #1000-1-3-11.14. CHAIRMAN: I have a copy of a letter from the New York State Department of Environmental Conservation, and I have a copy of a survey, most recent date is May 1, 1996, indicating a proposed house approximately 50 feet from the cul-de-sak at Sebastian Cove. I have a copy of a Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to speak? MR. RICHARD NEMSCHICK: I'm Richard Nemschick and this is Susan Auer. I've been living in Town for 25. years. We plan to stay in Mattituck. We plan to build another house. We just sold our primary residence. Three years ago we purchased this land, in hopes of building a nice house. Last year the setback was adjusted to 60 feet, and we requested variance back to 50 feet, to accommodate our proposed dwelling. Since we must have 75 feet from the waterside, and with the width of our house, we only have 50 foot length in the front. We're on a cul-de-sac, with the shortest distance in the middle of a 64,000 foot square lot. We do not plan to make any grade changes, and we will restore everything as it is. That's about it. CHAIRMAN: It is a very beautiful piece of property by the way. MR. RICHARD NEMSCHICK: Yes it is. CHAIRMAN: It certainly is. Mr. Villa, if you don't mind me picking on you again. MEMBER VILLA: The only question I had was, what is the size. You show a proposed house, but there is no dimensions. MS. SUZANNE AUER: 3200 square feet. MR. RICHARD NEMSCHICK: The house is 66 by 36. Basically it's a rectangle. MEMBER VILLA: OK, and you'll stay within that footprint. Page 20 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals MR. RICHARD NEMSCHICK: Yes. MEMBER. VILLA: Yes. CHAIRMAN: Mr. Dinizio. MEMBER DINIZI0: No, no questions. MEMBER DOYEN: No. CHAIRMAN: While you're standing there, is there anybody else that would like to speak in behalf of this application? Is there anyone that would like to speak against the application? MR. MICHAEL KRUPSKI: I'm just here on behalf of my Dad. He has the property next to it. We just weren't sure if this variance have anything to do with the land adjacent to it. SECRETARY LINDA KOWALSKI: We need your name please for the record? MR. MICHAEL KRUPSKI: Mike Krupski. SECRETARY LINDA KOWALSKI: Thank you CHAIRMAN: It concerns this lot. Let me just show you the survey. You're welcome to take this back to him, and show it to him. SECRETARY LINDA KOWALSKI: And who are you here for? Could we have the name? MR. MICHAEL KRUPSKI: My Dad, Joseph Krupski, he's here too. SECRETARY LINDA KOWALSKI: Thank you CHAIRMAN: This is the survey. MR. MICHAEL KRUPSKI: OK. CHAIRMAN: The actual survey. MR. MICHAEL KRUPSKI: I'm not sure. That answers for the road, for me. CHAIRMAN: Nothing to do with you. MR. MICHAEL KRUPSKI: Ok, that satisfies it. Page 21 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals CHAIRMAN: Good. OK. SECRETARY LINDA KOWALSKI: I understand Mr. Krupski doesn't have any objections, right? CHAIRMAN: There's no objection now, right. SECRETARY LINDA KOWALSKI: With the farmer in the back. CHAIRMAN: There's no objection now, right. MR. MICHAEL KRUPSKI: No. SECRETARY LINDA KOWALSKI: In fact, he wanted it to go closer to the road, if I remember right, right? MR.. JOSEPH KRUPSKI: Next to my line. SECRETARY LINDA KOWALSKI: No, the same place I showed you, when you were in the office that day. CHAIRMAN: It's 70 feet from your line. MR. JOSEPH KRUPSKI: Where my farm is, right down the line. He's going to build a house right there. CHAIRMAN: 70 feet from your property line. MR. JOSEPH KRUPSKI: OK, that's what it is. CHAIRMAN: Yes, ok. Hearing no further comment, thank you. Is there anybody that would like to offer a Resolution? MEMBER. VILLA: Yes, I'll make the Resolution, make a motion. Approved as submitted. We should put a statement in there, that this is the only location because of the distance from the Wetlands. So, this gives a reason why we granted it. CHAIRMAN: OK, I'll second it and Mr. Doyen second it. Is that correct? MEMBER DOYEN: Yes CIAIRMAN: OK, all in favor. Aye. . Page 22 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals 8:11 p.m. Appl. No. 4405 - GEORGE and CAROLE BAMBRICK. Request for Variance under Section 100-30A.3, Bulk and Lot Size Schedule, based upon the Building Inspector's July 17, 1996 Notice of Disapproval for a proposed reduction in lot size of Parcel ID #1000-59-5-8 and proposed increase in lot size known as 85 Lake Court, Southold, Parcel ID #1000-59-5-7. Both lots are presently nonconforming in lot size. R-40 Residential Zone. CHAIRMAN: I have a survey dated July 2, 1996 from Roderick Van Tuyl indicating the 7,096 square feet, which is indicated here, and we'll ask the applicant to explain it to us. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. How are you tonight Sir? Are you Mr. Bambrick? MR. GEORGE BAMBRICK: Yes CHAIRMAN: How are you? MR. GEORGE BAMBRICK: Good CHAIRMAN: What would you like to tell us here. . MR. GEORGE BAMBRICK: My Son's own the lot adjacent to mine. It was registered about three years ago, and we'd like to do a lot line change to make line lot, which is very small, more in keeping with the lots in the neighborhood. If you have a copy of the Tax Maps---. CHAIRMAN: Right MR. GEORGE BAMBRICK: In front of you. CHAIRMAN: Right MR. GEORGE BAMBRICK: You'll see how small my lot is. CHAIRMAN: And your lot is what six, no you're seven. MR.. GEORGE BAMBRICK: I'm right on the corner. CHAIRMAN: Yes, you're seven. MR. GEORGE BAMBRICK: Right CHAIRMAN: OK MR. GEORGE BAMBRICK: They're lot number eight. Page 23 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals CHAIRMAN: Right MR. GEORGE BAMBRICK: It's very irregular. CHAIRMAN: Right. So you're adding that lot. MR. GEORGE BAMBRICK: It's a logical move for me to take that piece between myself, and lot #6. CHAIRMAN: Right. MR.: GEORGE BAMBRICK: It would increase the size of my lot, not noticeable decrease the size of theirs, and it would make my lot more in keeping with the rest of the lots in the neighborhood. CHAIRMAN: Good. Makes sense to me. We'll start with Mr. Doyen? MEMBER DOYEN: No CHAIRMAN: Mr. Dinizio: MEMBER DINIZIO: No questions. CHAIRMAN: Mr. Villa MEMBER VILLA: Well I think we should get something in the record. Basically, your lot now is I understand, somewhere around CHAIRMAN: 7,000. MEMBER VILLA: Your Son's lot is about 24,000 square feet. MR. GEORGE BAMBRICK: Correct MEMBER VILLA: And you're going to take a piece off it, so that it comes down to 16,600 square feet. MR. GEORGE BAMBRICK: Correct MEMBER VILLA: Adding that 7,000 that you subtract over to your lot, which is existing 7,000 right now. MR. GEORGE BAMBRICK: Correct MEMBER VILLA: So you're coming up with a lot about 14,000. MR. GEORGE BAMBRICK: Correct Page 24 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals MEMBER VILLA: And the two existing houses. So your not changing anything. MR. GEORGE BAMBRICK: Correct, just lot line. MEMBER VILLA: All right. I'd like to have some clarity, that's all. CHAIRMAN: OK. No, it's very good of you to do that. Thank you. All right. Is there anybody else ---. MEMBER VILLA: If you look at it now, the way the lot line exists, it: looks like existing lot line goes right through your deck. MR. GEORGE BAMBRICK: Yes, well a couple of feet there. MEMBER VILLA: So, it also corrects that situation. MR. GEORGE BAMBRICK: Right CHAIRMAN: Is there anybody else that would like to speak in favor of this application? Anybody like to speak against the application? OK. Who would like to offer a. Resolution? MEMBER VILLA: I will MEMBER DOYEN: Second. CHAIRMAN: As applied for. MEMBER VILLA: As applied for, right. CHAIRMAN: OK SECRETARY LINDA KOWALSKI: It's approved as applied for. CHAIRMAN: Aye. Page 25 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals 8:16 p:m. APPL. No. 4407 - HUGH and ROSEMARY MURPHY. by Diane,. Herold, Architect. Request for a variance under Article XXIV, Section 100-244 (original application) , based upon ZBA Appeal #4370 rendered 4/3/96 which was limited to approval for a porch addition to an existing dwelling. This application is a request filed with the Building Inspector on 7/18/96 to reconstruct dwelling and add proposed porch. The existing dwelling is to be built maintaining the same nonconforming front, side and rear yard setbacks. (The second application may contain new circumstances which were not included at the hearing for the first application regarding the condition of the existing dwelling) . Location: 3105 Oaklawn Avenue Southold; Parcel #1000-70-6.8. CHAIRMAN: I have a copy of a survey dated, most recent date July 23, 1996 amended from February 6, 1996 which was the nature of the last application, used at the last hearing. I have a copy of a Suffolk County Tax Map indicating this and surrounding properties in the area. How are you tonight Mr. Murphy and how are you Mrs. -. MRS. DIANE HEROLD: Fine thank you. CHAIRMAN: What do you want to tell us. MRS. DIANE HEROLD: I'd like to make a little bit of clarification on that first ---. Not all of the addition is being used for the porch part. It is being used for habitable space. SECRETARY LINDA KOWALSKI: Could you come over a little closer. MR.S. DIANE HEROLD: I just wanted to emphasize that, not all of this area is going to be used for porch. On April 3, this board did grant us a six foot extension on the west side, and a 12 foot extensionon the South side of the property, giving us even more nonconforming setbacks. In view of what we were proposing to do. Mr. Murphy has been looking at magazines as we all do, and has found some nice ideas for what he wants to do with the house. The existing house just isn't appropriate for what we're doing. My biggest problem is bringing it up to code, building code, energy code. The construction isn't that good. Mr. Murphy informed me, that the West side was originally three stables. I did have a Building Inspector. MR. MURPHY: Stalls. DIANE HEROLD: Stalls not stables, which is even worse. We have probably two or three different sizes of our floor joists. We have roof framing that is totally different. The house does have to be on piles. The test ( ) indicated that there is bog. So it's a major Page 26 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals production that we're going through at this time. I don't know if any of the board members have looked at the house. It actually looks pretty good in photographs. I'd like to say it's not as good in person.. CHAIRMAN: OK. There going to make you go to an eight foot elevation, on pilings? DIANE HEROLD: I spoke to the Building Inspector and he told me what the elevation was to the bottom of ---. CHAIRMAN: Lowest floor. DIANE HEROLD: Floor joists. I do have it in my files, if you want me to go through them. I can probably get an answer in five minutes. But we are going to conform to FEMA regulations, yes. CHAIRMAN: OK DIANE HEROLD: Which is also part of our problem. The heating equipment, the utilities have to all come upstairs now. CHAIRMAN: OK. Is there any intrinsic change between this, except for the total reconstruction ok, and what came before us in April? DIANE HEROLD: No CHAIRMAN: No. DIANE HEROLD: It's just a matter of ---. CHAIRMAN: It's the demolition of the house. DIANE HEROLD: It's the method of how we're doing it. CHAIRMAN: OK DIANE HEROLD: As supposed to moving the House off, putting piles off and moving them back on, and then basically we would be sisteringeverything, rather than framing new. CHAIRMAN: Is this going to be a one story house or a two story? DIANE HEROLD: One and one half. CHAIRMAN: One and one half. DIANE HEROLD: There is going to be a half story bedroom, and bath is now going upstairs. The bedrooms ---. It's not going to be Page 27 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals any more bedrooms than it is now. It's three bedrooms but, it just wasn't practical trying to put a staircase, and the heating equipment, and the laundry, and everything on the first floor, and not put a bedroom upstairs. CHAIRMAN: Mr. Doyen MEMBER DOYEN: No CHAIRMAN: Mr. Dinizio. MEMBER DINIZIO: Well, I'm just surprised that your back, in light of the fact that you explained to us the last time, needing to have this 12 feet and six feet, because of the fact that your house existed and you wanted to make an addition. Now suddenly, the house doesn't exist anymore in you mind and you want to bulldoze it, and replace the whole thing, including our addition that, we kind of granted because you had a house there. I'm kind of surprise that that happened. MR. HUGH MURPHY: I think I spoke to alot of people and they kept on asking me, why are you doing this, on what I was planning on doing? Without any kind of knowledge from anyone, I thought I could save this cottage like house. What I would kindly like, anyone of you good people to come pay me a visit, and then I'd like your expert impression of what should be done, and I'm not a builder so I know. But, I'd love you to see the condition of the inside of this house. The ups and downs, the toilet sits like this. MEMBER DINIZIO: But I'm assuming though, that existed when you were here. MR. HUGH MURPHY: It did, it did. MEMBER DINIZIO: OK, and you were aware of those problems. MR. HUGH MURPHY: Yes, I was aware of those suddenly, but I was going to take all that out. I was not going to leave the toilet like this. I'd have to do something with that toilet. MEMBER DINIZIO: No doubt, but you were aware of that. That was something I was not aware of. You explained that to us. You certainly came here and --- What I think you did, you may have had all the intentions of adding onto this house, this existing house. But what you have actually done now, is asking us to build a new house and increase the nonconformity, ok. Instead of having a hardship that you wanted to keep this house on this lot, that is a nice old house, whatever. Now suddenly, it's not a nice old house. You know, you got your 12 feet, so now you get to build a nice V Page 28 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals brand new bigger larger house, on that piece of property, using the explanation that, it was a nice old house that you would like to save. I'm having a little bit of trouble --. MR. HUGH MURPHY: I know. I understand where your coming from. This is not a nice old house. This has never been a nice old house. This is a. shack. This house is falling apart. MEMBER DINIZIO: Was it in April? MR. HUGH MURPHY: Yes. The house is maybe, 100 years old. DIANE HEROLD: Let me just interject. What has occurred is that Mr. Murphy has decided to move the kitchen. He wants to put it on the water side. He wants to move the bedrooms to the back of the house, so it's not quite so noisy. So all of a sudden it became a matter of finances really, and that's truly our only hardship tonight, is a matter of finances is that. Even though your not a builder, ,you must know it takes more to tear down than to put up, if you do it wall by wall, then if you have someone just come in, take the whole building away, and then start from scratch. Mr. Murphy can achieve the same new house, that we were saying in April, we would like to do. It's just that it's going to be much longer process, and a much more difficult process, and a much more costly process. So, we're not trying really fool you in any way. What we're trying to do is, achieve the same goal we would have. I mean, he's going to replace windows. He's going to replace roof and everything, whether we use the old house or the new house. It would just come so much easier, if we build a new house. MEMBER DINIZIO: Well, I couldn't agree with you more, at this point. But what I'm saying. I'm not so sure I would have given you 12 feet. MR. HUGH MURPHY: 12 feet to the South side. MEMBER DINIZIO: Right, had I been aware of the fact that --. Say, you came in here and said. Hey listen, I want to rip down this house, but give me another 9 feet on the other side, for nonconforming uses. I don't believe that I would have even considered that. MR. HUGH MURPHY: Really MEMBER, DINIZIO: No, I don't believe that I would. I think that that's a hardship. MR. HUGH MURPHY: Why wouldn't you. Page 29 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals MEMBER DINIZIO: Creating your own hardship. You have a house on here. The house has been there, as you stated for 100 years. People lived in that house perfectly fine. MR. HUGH MURPHY: Really MEMBER DINIZIO: Ok, I'm sure they must have. MR.. HUGH MURPHY: No Sir. That was not the case. MEMBER DINIZIO: Someone must' have lived there. MR. HUGH MURPHY: No, it was three horse stalls. Then somebody from the horse stalls, built a living room. Then they built a kitchen, then a dining room went in, and a porch went on. MEMBER DINIZIO: Regardless of what was there. If you're telling me that there was never a residence there, you cast ---. What I want to make clear to you is that. I don't think I would have given that much of a variance, had I known that you were going to rip this house down. I guess that's my thought. I think it would not be truthful of me, to let you believe that I would agree to something like this. SECRETARY LINDA KOWALSKI: Well, that's why he's here today though. Just because it's a whole new hearing on that same application? MEMBER DINIZIO: I agree, but we have granted them something al ready. SECRETARY LINDA KOWALSKI: Except that he's not building it per that decision. MEMBER DINIZIO: Right SECRETARY LINDA KOWALSKI: So it's not valid. You'd have to go back to the original plan, to build that. MEMBER VILLA: I have some similar feeling that Mr. Dinizio just expressed, because I had concerns at the first hearing, because you had said, you were going to move the house. MR.. HUGH MURPHY: Yes MEMBER VILLA: In my mind, there was no place you could move that house, so you could put pilings in. It would still be on your land. There was just no place to put it. ti Page 30 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals MR. HUGH MURPHY: Well I think we -----. DIANE HEROLD: No, we can move it toward the driveway. It would be possible. MEMBER VILLA: Well, I would have to be shown up in Missouri, but again ---. DIANE HEROLD: Well, my husband isn't here ---. MEMBER VILLA: Again, some of your argument the first time was looking for the extra rooms. You did not want to go up. You said, you didn't want ---. Now you're going add, you know ---. MR. HUGH MURPHY:. I'm building a new house. MEMBER VILLA: The reason you could shrink the envelope. MR. HUGH MURPHY: Yes MEMBER, VILLA: And have a second floor. MR. HUGH MURPHY: The reason is --. MEMBER VILLA: Diane could ( ) and a story and one half. I mean, it's just ---. MR. HUGH MURPHY: Diane could not get what we wanted. We wanted a handicapped accessible house, if possible, with a big doors, and there's no way I can get downstairs three bedrooms, and two baths and a mechanical ( ) . It just don't fit. I can't get it in, and that's the reason why she said, you have to go upstairs. You have to do something. You're not going to get --. This is not a good deal. So probably, to do it right I'd have to go down to two bedrooms. MEMBER VILLA: But again, you must have known this in April, when you were here the first time, so. MR. HUGH MURPHY: Well no, I didn't. I thought I could squeeze them in. It wasn't until after that we found out, we couldn't squeeze them in. SECRETARY LINDA KOWALSKI: All right. It's a quarter of an acre you're working with. MR. HUGH MURPHY: Yes SECRETARY LINDA KOWALSKI: You're starting with a small lot. 1 Page 31 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of. Appeals MR.. I-IUGH MURPHY: Yes SECR.ETAR.Y LINDA KOWALSKI: You can't make the lot with the house, that's the only problem. Sometimes it's hard. DIANE HEROLD: The house is nonconforming as it stands. SECRETARY LINDA KOWALSKI: So it's alot. DIANE HEROLD: I don't think any of the proposed rooms are extravagant in any way. We're talking about 11 by 12 bedrooms. You know, a standard bathroom which is probably 10 by 12. This is standard rooms. It's not anything that out of the ordinary. It's just that the property is very small. But, as you probably know, any piece of property that is water front is a valuable piece of property, and you can't put a poor house on a valuable piece of property. It's not economical sensible. CHAIRMAN: Yes. We have a minor dilemma here tonight in the respect that we're missing one board member. It probably would be to everybody's benefit, that we wait till the next meeting to have the other board member here. So, why don't we. If you feel that your husband can interject anything into this. DIANE HEROLD: If Mr. Villa would like him to come next time, and he can show me where, or I can bring a diagram of where the house will be stored. If you make us keep it, move it. That was part of last ---. MEMBER VILLA: That was the last time. As I said, I expressed my concerns then. SECRETARY LINDA KOWALSKI: What about reinspection inside. DIANE HEROLD: I did want just to look to the file. I did get the Trustees to amend their permit for this, and DEC also agreed. CHAIRMAN: You would be ---. DIANE HEROLD: To tear the house down. CHAIRMAN: You would be keeping that front porch area that is --. DIANE HEROLD: The porch is on the water side, is staying exactly as it is. CHAIRMAN: All right. So what do you want to do? MEMBER DINIZIO: I think you ought to recess it until ---. • •Page 32 - Hearing Transcript Meeting of August 21, 1996 Southold Town .Board of Appeals CHAIRMAN: Yes, we'll recess it until the next regular scheduled meeting. If you think of anything that you want to interject at that meeting, we'll go for it, and this way our fifth board member is out of the State, she is not here. SECRETARY LINDA KOWALSKI: Our next scheduled meeting is a Thursday night, September 19. DIANE HEROLD: OK, thank you. CHAIRMAN: Ok, all right. Thank you. MEMBER DINIZIO: I'd like to make a motion. CHAIRMAN: Yes, I just have to ask if anyone else in the audience wants to speak in favor or against this application? OK, seeing no hands we'll make a motion recessing till September 19. All in favor. SECRETARY LINDA KOWALSKI: Who made the motion? CHAIRMAN: Who second it? MEMBER DINIZIO: I did SECRETARY LINDA KOWALSKI: Jim made it Jerry. CHAIRMAN: Second. Thank you. 8:30 p.m. Appl. No. 4402 - BARBARA KELLY. Request is made for a. Waiver under Section 100--26, based upon the Building Inspector's July 8, 1996 Notice of Disapproval which action indicates that according to Article 11, Section 100-25A, that Lot #1000-104-2-28 and Lot #1000-104-4-29, have been held in common ownership since July 1, 1983, and were created between April 9, 1957 and December 1, 1971. Street Address; Bay Avenue (Skunk Lane) , Cutchogue, NY. CHAIRMAN: I have a copy of the Suffolk County Tax Maps. The lots are in the area of 75 by 230. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area.. All right. We're ready Ms. Kelly. BARBARA KELLY: Good evening. CHAIRMAN: How are you BARBARA KELLY: Applicant for waiver of two deeded merged lots. I would like to keep the two properties separate. The house on one lot for myself and the empty lot going to my Son's, as part of U � Y Page 33 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals my estate planning, providing my Son's an affordable start to their future, in enabling them to stay in the area. Parcel #2, which is the lot has always been, and continues to be referred to as the lot. It has always been a separate place from our backyard. The lot was always a hot, dry piece of property, sometimes mowed down and sometimes not, with planted fruit tree's on it. The children played baseball, volleyball, etc. on it. There are no building on it. A few years ago both my parents passed away, and we brought up some bushes and flowers from there, and planted a garden on the lot. We keep our boats on it and the dog run on it. The proposed use would be a building lot for my Son's, being raised in Southold Town from birth, their ties are strong and the lot would make it more affordable for them to start out there. The building lot has always been a part of my estate planning. A separate building lot is a greater asset to me. I would have the option to sell off, if I was in need of funds or possible retirement. Otherwise, property is only valuable to enhance the house lot, actually merging the lot significantly, diminishes my property value. It's more valuable to have a lot stand alone as buildable, and as a single parent, it stand as a security for me to have it as a lot. Southold Town has always issued single and separate tax bills, since the creation. I have copies and I just want you to have them. CHAIRMAN: Thank you: BARBARA KELLY: OK. We always believed it to be a lot, and in the Deed it always has been. I was not aware of this merger. I thought that the consolidation of the -- or the breakdown of the larger properties had to do with the two acre zoning, consolidating the smaller pieces, and I was not aware of that happening at all. My husband & I have been separated since 173. I raised the children from that time, and only until January of this year, were we able to work something out with the house. I purchased it from Mr. Kelly and immediately I came to work this out, and hopefully make it separate again. CHAIRMAN: Good. I have a letter of course, from your neighbor. I have two letters. BARBARA KELLY: This is another one. Another neighbor got } it. I heard from four but three wrote in. CHAIRMAN: Great, we'll start with Mr. Doyen. MEMBER DOYEN: No CHAIRMAN: Mr. Dinizio r 1 l Page 34 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of. Appeals MEMBER DINIZIO: Any cesspools, wells. Anything on that piece of land. BARBARA KELLY: No nothing. MEMBER DINIZIO: Nothing at all. That's all I have. CHAIRMAN: I apologize to the audience. I'm trying to find the custodian to turn off the air conditioning, so everyone could hear what's going on. Mr. Villa. MEMBER VILLA: I think we should get in the record that the fact the two lots together are not quite 40,000 square feet, right. There is a R.-40 zone. So the two lots together are not even up to the 40,000, which is now required. And looking at the tax map, there are a number of large lots in the area. So, a large lot is not out of keeping. BARBARA KELLY: Not out of keeping, but there's also alot of small lots too, the same size. Each of them are individually in keeping with the original Nassau Farms map. MEMBER VILLA: Well these two lots evidently, were formed out of a larger lot, that had the pond on it. BARBARA KELLY: Plot #150. MEMBER VILLA: 150 BARBARA KELLY: Yes. MEMBER VILLA: It was 7 and one quarter acres. So that area down there, was divided all at different times. SECRETARY LINDA KOWALSKI: Do you have any survey's. I remember asking you before. No survey you found of record. BARBARA KELLY: Survey's of one composed in ---. SECRETARY LINDA KOWALSKI: Old maps BARBARA KELLY: Survey was in 165, when we bought the house. I think I gave you a copy of that. SECRETARY LINDA KOWALSKI: OK, that's what I was trying to find in the file here. Do you have one with you by any chance? I can go out and copy it. It seem to be missing from the files. Page 35 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals BARBARA KELLY: Yes I have. The lines are still the exact that was put forth by that survey. CHAIRMAN: Did you buy this piece of property, along with the house. I know I looked at the original deed. BARBARA KELLY:I bought them at the same time. SECRETARY LINDA KOWALSKI: This is it here. This map right. Does this look like it? BARBARA KELLY: Yes CHAIRMAN: Yes BARBARA KELLY: Can I be able to see this ( ) . SECRETARY LINDA KOWALSKI: Yes SECRETARY LINDA KOWALSKI: Do you have one Bob in your packet? MEMBER VILLA: This one. SECRETARY LINDA KOWALSKI: Yes. CHAIRMAN: Same one. MEMBER VILLA: ( ) CHAIRMAN: Right. SECRETARY LINDA. KOWALSKI: This is the original that she had with her. CHAIRMAN: Yes, this is dated --. Let me see the date. BARBARA KELLY: The lot was created in March of 135. SECRETARY LINDA KOWALSKI: Is it all right if we just keep that, and give back the original on Monday or Tuesday? BARBARA KELLY: OK SECRETARY LINDA KOWALSKI: We won't lose it. BARBARA KELLY: Yes. SECRETARY LINDA KOWALSKI: It will be safe. Page 36 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals CHAIRMAN: OK, great. BARBARA KELLY: The original lot lines shown exactly as they were in the '65 and '96 deeds. CHAIRMAN: William Bryant is your husband Is that correct, or your ex husband. OK, all right. We thank you Mrs. Kelly and we'll see what else developes. Is there anyone else that would like to speak in favor of this application, other than the letters that are in the file? Yes Madam, could you state your name for the record? ELLEN WILLIAMS: My name is Ellen Williams and I feel that if Barbara's neighbors are not in opposition, and if the neighborhood has lots in that neighborhood, and the fact that we all know that there is a problem with our children leaving, because they can't afford a lot and they can't afford to stay here. That I feel, that in itself, is a good reason. CHAIRMAN: Thank you ELLEN WILLIAMS: And then she bought them as lots together. It seems like a reasonable thing to do. It would cause a hardship on her, if you change them. BARBARA KELLY: May I just --- . CHAIRMAN: Surely BARBARA KELLY: I just want to say that I've been a single parent since '73 and economically it's been very difficult for me, and this would provide an asset for me if it works CHAIRMAN: OK SECRETARY LINDA KOWALSKI: They were bought in different years too, each of those lots, right. MEMBER VILLA: No BARBARA KELLY: No, the same time. CHAIRMAN: Yes BARBARA KELLY: The people before us bought them separately. SECRETARY LINDA KOWALSKI: OK, that's what I'm thinking. The prior owner. Page 37 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals CHAIRMAN: All right. Is there anyone else that would like to speak, ok? Anybody like to speak against the application? All right, hearing no further comment I'll make a motion closing the hearing and reserving decision until later. MEMBER. VILLA: Second. BARBARA KELLY: Is there a possibility that I could postpone, and if you're thinking that you could leave ---. CHAIRMAN: You could ask for it. Well actually, did we vote on that hearing, on'that right now? We didn't vote on it yet. SECRETARY LINDA KOWALSKI: Bob said, to close it. He's the second. CHAIRMAN: But we didn't vote yet. MEMBER DINIZIO: No CHAIRMAN: Because Mrs. Kelly had, asked me to hold it over till the next board meeting. SECRETARY LINDA KOWALSKI: Sure, we didn't vote on it. CHAIRMAN: OK, so I'll rephrase my motion to say that we'll recess it till the next scheduled meeting. SECRETARY LINDA KOWALSKI: September 19. CHAIRMAN: Do you know what would be gratefully helpful for us to understand is, how many lots in the area are on single lots? Maybe you could do a little drive around. We seem to have two original maps in here. BAR.BARA KELLY: How many lots are on single lots? CHAIRMAN: Yes, how many houses are on single lots. Could I give her this. SECRETARY LINDA KOWALSKI: Yes, I think we have extra's in there. CHAIRMAN: OK, your has been carved out of that, but I mean, that's a start. Actually, you're better off with a Tax Map, ok of the area, but it's a start. SECRETARY LINDA KOWALSKI: The Assessor's Office might be able to help. Page 38 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals BARBARA KELLY: OK CHAIRMAN: OK BARBARA KELLY: Thank you. CHAIRMAN: Your welcome. SECRETARY LINDA KOWALSKI: Now we need a vote on that. Jerry's second. CHAIRMAN: I made the motion SECRETARY LINDA KOWALSKI: Who second the motion on that? MEMBER DINIZIO: Bob SECRETARY LINDA KOWALSKI: OK, to recess it. Recess it now. MEMBER. VILLA: Good CHAIRMAN: All in favor, aye. 8:43 p.m. Appl. No. 4408 - JOSEPH and AMY,-SUE MALAVE: Request is made for a Variance under Article XXIV, Section 100-244B, based upon the Building Inspector's July 29, 1996 Notice of Disapproval for approval of a portion (corner) of new dwelling, under construction as exists, with a reduced front yard of one foot (or slightly less) . This 40,252 sf parcel is located in the R-80 Zone District at 245 White Eagle Drive, Laurel, NY; a/k/a Golden View Estates (1984) Filed Map, Lot #27. CHAIRMAN: I have a survey from Young and Young indicating one corner at 59.03, which I believe is the nature of this application. A copy of the Suffolk County Tax Map. Your on. MR. JOSEPH MALAVE: OK, basically I would just like to show a picture to the board, that was taken in 1992. We tried to be very exact about the position of this house, first of all. So, we based our measurements off the corner stakes, so it was taken in 1992. This is the position of that stake and it's also dated 192 in this picture --. CHAIRMAN: OK MR. JOSEPH MALAVE: So, that's showing the survey. CHAIRMAN: Right, that's the actual property line. The front property ty line is what you're telling us. Page 39 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals MR. JOSEPH MALAVE: In '92 that was the location of the property line. CHAIRMAN: Good MR. JOSEPH MAVAVE: In 1996 the location was five feet to the South of that position, and going perpendicular of that particular stake, is what we do when we set the foundation. I had about a foot, I guess from the point where I would have had a have a problem with the variance. But based on the new position, or the actual position as they're calling it now, I have the problem as it exists. So, basically we're just asking for the relief of the 59 feet. MEMBER. VILLA: How did they get to be a discrepancy of five feet in the survey. MR. JOSEPH MALAVE: Well, I spoke to Howard Young about that, and he was being open about it, that there may have been a mistake. But Kenny his partner, was much less open about it, and was trying to say that there was no possibility of a mistake. So, it really depends on who you talk to. 'I don't know how it happened but, we went off of that position and that is the position. You know, we found the original stakes. That was, one of them, and the line is still painted on the road, where that particular stake is located right next to. That hasn't changed. But a new stake they located is approximately five feet away from that line. That's still painted on that curve. So, I don't know how that happened on the survey, but it happened. That's basically it. MEMBER DINIZIO: So you're saying, you got it surveyed twice. You relied when you purchased the property, on the stake. MR. JOSEPH MALAVE: Right MEMBER DINIZIO: That someone must have gotten the survey, and then you had it survey done again. MR. JOSEPH MALAVE: Right, after the foundation was in. MEMBER, DINIZIO: OK AMY SUE MALAVE: I took that picture when we first bought the property. I just found it. Everybody's talking at once. CHAIRMAN: Amazing. Page 40 - Hearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals MR.. JOSEEPH MALAVE: Proves the case. SECRETARY LINDA KOWALSKI: And your variances are 11 inches right? MR. JOSEPH MALAVE: Eleven inches, two and one half square feet out of eighteen hundred square feet footprint. So, I'm not asking for the world here. SECRETARY: It's not even a foot here. CHAIRMAN: Just for the record, is there anybody else in the audience that would like to speak in favor or against this application? Seeing no hands, it give me great pleasure in granting this application. All in favor, aye. Prepared by Noreen Frey from tape recordings. RECEIVED AND FILED BY THE SOIJTHOLD TOWN CLERK DATE )a� )I J R 6 HOUR own Clerk, Town of Southold