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HomeMy WebLinkAboutZBA-08/15/1991 HEARING TRANSCRIPT OF HEARINGS ~OUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 15, 1991 Board Members Present: Chairman Gerard P. Goehringer and Members: Dinizio, Doyen, Grigonis and Villa Linda Kowalski, Z.B.A. Secretary and appreximately 25 persons in the audience. Appl. No.: 4043 Applicant(s).: John H. & Gayle Birkmier Location of Property: 48850 Main Road, Southold, NY County Tax Map No.: 1000-70-7-10 The Chairman .opened the hearing at 7:30 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey produced by Roderick Van Tuyl and Son dated August 17, 1972 indicating a rather large two and a half story frame' home, an existing older home with a barn to the rear of the property and the property is located on the Main Road in Southold. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? Are the Birkmiers here? How do you do. Could I ask either one of you to use the mike if you wouldn't mind. How do you do? MS BIRKMIER: How are you? CHAIRMAN GOEHRINGER: Good thank you. Is there anything you would like to state for the record before I ask you some questions? MS BIRKMIER: I don't think so. CHAIRMAN GOEHRINGER: Okay. I noticed thatyou have a parking plan in front of the barn that is what you are anticipating in reference to parking the cars for the bed and breakfast use, is that correct? MS BIRKi~IER: Yes. CHAIRMAN GOEHRINGER: And what portion of the house are you actually going to be using, I know that... MS BIP/4MIER: The central portion has two bedrooms. Page 2 - August 15, 1991 Public Hearing - John H and Gayle Birkmier Southold Z.B.A. CHAIRMAN GOEHRINGER: Okay~ upstairs? MS BIRKMIER: Yes. At the head of the stairs as you come up to the second floor. CHAIRM3~N GOE~tRINGER: Okay. I have to apologize to you, this has been a~very busy summer and I have not gotten a chance to get over to the house and I know that at least one Board Member~has been in. I would hope that your timeliness is not such that you couldn't wait another couple weeks until we could re-schedule the hearing till we could all look at it. MS BIRKMIER: I'm working real hard to get it going. We're still working on the rooms. CHAIP/~AN GOEHR!NGER: The next hearing is. scheduled for the latter part of September, I'd like to make an appointment with you tonight if i could or .... MS BIRKMIER: The latter part of September? cHAIRMAN GOE~IRINGER: Well that's when ~we would close the hearing. MS BIRKMIER: I see. CHAIRMAN GOEHRINGER: I would like to make an appointment with you on September 21st which I believe is a Saturday about 10:00 am and we'll all come over and go through the place and we'll go through everything and discuss with you if that's not a particular problem. MS BIRKMIER: A decision would be made at that point? CHAIRMAN GOEHRINGER: It would be made at the 29th. We'll make it for you because we're holding it off at that particular point and let you know exactly what the story is. MS BIRKMIER: Okay. May I ask why it would have to be held off? CHAIRMAN GOEHRINGER: Well only because I didn't get a chance to come over and look at it nor did my Board Members look at i~ other than Jim Dinizio who had looked at it some time ago and normally in almost every situation we have gone to the premises as I said because of the problems with the summer and vacations and all the rest of it I have not gotten a chance to get over and I would normally not just drop in on you and say I would like to look at it. We would normally make... If for any reason I can make it over any earlier Page 3 - August 15, t991 Public Hearing - John H & Gayle Birkmier Southold Z.B.A. ~CHAIRMAN, cont'd: I'll give you a call or we can get together any earlier. MS BIRKMIER: That would be fi~e. CHAIRMAN GOEHRINGER: Okay. After Labor Day and I'll definitely give you a call, but right now we'll leave it for the 21st of September, if it's atright with you. MS BIRKMIER: Okay. CHAIRMAN GOEHRINGER: Is there anybody else would like to speak in favor of this application? Anybody like to speak against the application? Hearing no further comment I'll make a motion recessing the hearing to the next regularly scheduled meeting. All in Favor - AYE. Appl. No.: 4044 Applicant(s): William, Aileen and John Parrott Location of Property: 2435 Cedar Lane, East Marion, NY CoUnty Tax Map No.: 1000-37-4-9 The Chairman opened the hearing at 7:38 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: Just state you name for the record please. MR PARROTT: John Parrott. CHAIRMAN GOEHRINGER: How do you do? MR PARROTT: Good. CHAIRMAN GOEHRINGER: What canI, what will you state for us for the record? Do you have anything you would like to say? MR PARROTT: Well I have an updated survey, I've got some new numbers. CHAIRMAN GOE~RINGER: Wonderful. Than~ you. MR pARROTT: I believe you asked me for two originals. I had the numbers, I asked Van Tuyl to give me the lot coverage. CHAIRMAN GOEHRINGER: So total lot is 31% is that coverage correct? Page 4 - August 15r 1991 Public Hearing - William, Aileen and John Parrott Southold Z.B.A. MR PARROTT: Yes, sir. CHAIRMAN GOEHRINGER: Okay. The setback is exactly forty feet from the inside of the bulkhead to the closest point of the deck, is that correct? MR PARROTT: Yes. CHAIRMAN' GOEHRINGER: Is there ever any intention that this deck will be enclosed in any way? MR PARROTT: No. CHAIRMAN GOEHRINGER: It is also our suggestion that since you have limited your area of access to the rear yard area, specifically on the south side, that our decision would be limiting to the fact that, that seven and a half feet shall remain open and may have to be cut back if for any rest you had to get equipment in. We usually grant a minimum of eight feet. The Board may go with eight feet, you might have to cut the deck back six or eight inches to show it in exact eight feet. Our concern is definitely'getting access to the rear yard area. MR PARROTT: The deck, the wooden deck is seven and a half feet, the other one, the flagstone deck that was there fifteen or twenty years ago at that is what we would have to cut back, but if that's what you want us to dOo CHAIRMAN GOEHRINGER: No, no, well that's at ground level right? MR PARROTT: No. That's included in the lot coverage, that's raised up about twenty inches~ eighteen inches off the ground. CHAIRMAN GOE~tRINGER: Okay. I didn't remember that and I apologize, I looked at this sometime ago. I have looked at your deck, but I didn't remember, maybe I went around the other side although I don't think, can you gain access from the other side? MR PARROTT: Yes. CHAIRMAN GOEHRINGER: You can. That's probably the side I went on. Okay. Does anybody else have any questions of this gentleman? Jim, Bob? Is there anything else you want to add to the record. MR PARROTT: No, I think all the questions on the forms. Page 5 - August 15, 1991 Public Hearing - William, Aileen and John Parrott Southold Z.B.A. CHAIRbiAN GOEHRINGER: The flagstone deck is elevated about eighteen inches, how is it elevated, in by railroad ties or? MR PARROTT: No, it's concrete, it's a concrete thing with flagstone set on top of it. CHAIRMAN GOEHRINGER: Okay, and how close would you say that is to the property line? MR PARROTT: I think that's the seven and a half feet, I believe that I asked Van Tuyl, he gave me these numbers over the phone, that were updated yesterday. I believe that's seven and a half fee~. CHAIRMAN GOEHRINGER: Alright. So basically the only problem that we have is approximately slx inches on that particular side. MR PARROTT: I believe the previous owner, we bought the house about 12 years ago, I believe he bought an extra piece of land from the northerly neighbor ~o try and give a little more space there. CHAIRMAN GOEHRINGER: Okay. I thank you very much. MR PARROTT: Thank yon. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board Members? Hearing no further questions, I make a motion closing the hearing reserving decision until later. All in Favor - AYE. Appl. No.: 4045 Applicant(s): Gloria Lowery Location of Property: 650 Oak Ave, $outhold, NY County Tax Map No.: 1000-77-1-2 The Chairman opened the hearing at 7:45 pm and read the notice of hearing and application for the record. CHAIRMAN GOEITRINGER: I have a copy of a survey not indicating the but indicating the approximate placement of the house which is approximately 42 feet from Oak Avenue and will discuss the size of the deck with applicant in a moment. And I have a copy of the Suffolk County Tax Map indicating this and surround properties in the area. Is there somebody that would like to be heard? Hello, Mr. Fitzgerald, how are Page 6 - August 15, 1991 Public Hearing - Gloria Lowery Southold Z.B.A. CHAIRMAN, cont,d: you? MR FITZGERALD: Jim Fitzgerald, for Mrs. Lowery. To answer your questions. CHAIRMAN GOEHI~INGER: The deck comes out about 12 feet from the house or 157 MR FITZGERALD: 12. CHAIRMAN GoEHRINGER: 12, okay. How close are we to the actual high water make at that point~ or to the end of the property? MR FITZGERALD: The high water is at the base of the bulkhead and that's, that would be 63.6 from the steps of the deck, to the seaward face of the bulkhead. CHAIRMAN GOE~tRINGER: Okay, the steps of the deck protruded out from the bulkhead or are they. MR FITZGERALD: The steps of the deck will be on the seaward side of the deck. CHAIRMAN GOEHRINGER: How far would they stick out from the deck, do you know? MR FITZGERALD: 3 feet. CHAIRMAN GOEHRINGER: Okay. And you said the figure was how much sir 62? MR FITZGERALD: To the bulkhead? CHAIRMAN GOEHRINGER: Yes. MR FITZGERALD: 63 feet 6 inches. CHAIRMAN GOEMRINGER: We noticed in the pictures that the deck is that. Has there been anymore work on it? MR FITZGERALD: No. CHAIRMAN GOEHRINGER: Is there any intention to enclose the deck in any way? MR FITZGERALD: No. CHAIRMAN GOEHRINGER: Okay. Does anybody have any questions about this? No, I guess not. We thank you sir. Is there Page 7 - August 15, 1991 Public Hearing - Gloria Lowery Southotd Z.B.A. CHAIRMAN, cont'd: anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Seeing no hands, I'll make a motion closing the hearing reserving decision until later. All in Favor - AYE. Appl. No.: 4046 Applicant(s): Mr & Mrs Thomas M McKeon Location of Property: 415 Fisherman's Beach, Cutchogue, NY County Tax Map No.: 1000-111-1-36 The Chairman opened the hearing at 7:48 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a sketch of the survey produced by Edward John Schmitz Jr. who is a registered architect indicating these specific changes to this particular piece of property that I requested by this applicant and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Olsen, would like you to be heard? MR OLSEN: Good evening, my name is Gary Olsen, I'm an attorney having my offices at the Main Road in Cutchogue and I'm representing the applicants Thomas McKeon and his wife Maryanne McKeon. The applicants are the owners of the parcel of property located at Fisherman's Beach in Cutchogue which is designated as lot number 7 on a map entitled Map of Peconic Bay Properties, Fisherman's Beach lots. Which map was filed in the Office of the Clerk of the County of Suffolk on April 15, 1931 as map number 786. The applicants have been the owners of this lot since May 9, -1977, having purchased same from William and Elizabeth Halsey. Presently existing on the proper~y !s a one story framed house with a sun deck. The subject premises with the existing improvement is shown on a survey prepared by Young and Young dated June 7, 1977 which survey was prepared for the applicants and I'd like to submit a copy of that survey for your records as exhibit 1. CHAIRMAN GOEHRINGER: Fine. Thank you sir. MR OLSEN: The lots in Fisherman's Beach area are non- conforming lots by todays standards. And I'm submitting also herewith an exhibit number 2 which is Suffolk County Tax Map which shows the subject premises and the surrounding area and I've highlighted our particular parcel with red ink. On June 1, 1977 the Southold Town Building Department issued a pre- existing certificate of occupancy for a one family dwelling Page 8 - August 15, 1991 -~. Public Hearing - Mr and Mrs Thomas McKeon Scuthold Z.B.A. MR OLSEN, cont'd: which is number Z7688, which certificate was issued to the applicants seller William D. Halsey and his wife. And i submit a copy of the pre-existing c/o as exhibit number 3. The applicants are ~eeking to convert what is basically a seasonal home which presently contains 1398 square feet into a year-round residence. They have retained the services of an architect John Schmitz of 399 Conference Street in Farmingdale who has proposed adding an addition to the existing residence, a porch on the north Side of the house and a garage also on the north side which would be connected with a breezeway~ The proposed additions would result in a lot coverage percentage of 29.3%. Under Article 24 Section 100-244B the proposed construction would exceed the permitted lot coverage area which is permitted and limited to 20%. Thus necessitating this variance application° The existing lot area is 12,519o15 square, feet. The existing house contains 1398 square feet together with an existing deck of 573 feet for a total of 1971 square feet and a percentage of the present lot coverage is 15.7%. Now as I indicated the McKeons are planning on using this property for a year-round residential purposes and because of that it also ~very important for them, not only to make the house bigger~ but to have a garage and the plans that the architect have included a garage on the north side of the property which would be connected by a breezeway and I have been advised that the property at one time~ in fact did have a detached garage on the northeast to the end of the I guess that's tha northwesterly end of the property which is evidence by a remaining concrete slab and a dilapidated foundation if you go down there you can see there what's left of that. I've submitted as part of my various papers and computations of the percentage of lot coverage as the premises presently exists and as the applicant proposes with the planned improvements. A separate calculation page also calculates the present and proposed lot coverage percentages to the high water mark as shown on that Young and Young survey of June 7, 1977. And I would like to submit a copy of the calculations as exhibit 4~ so just so you understand that the calculations calculate the percentage presently covered and what we intend to do with the lot as shown on the filed map and then on the next page the percentage of coverage areas up to the high water mark as shown on the Young and Young survey back in 1977 and if you look at that .... CHAIRMAN GOEHRINGER: They own to the high water mark, Mr. Olsen? MR OLSEN: Excuse me? CHAIRMAN GOEHRINGER: They own to the high water mark? Page - August 15, 1991 9 Public Hearing - Mr & Mrs Thomas McKeon Southold Z.B.A. MR OLSEN: Yeah. And the percentage that would be covered if you go ~o the high water mark in 77 for the complete project would be 26% of the proper~y whereas if we just took the filed lot number area, it would be 29.3, se I would like to submit those calculations as my exhibit number 4. CHAIP/~AN GOEHRINGER: Can I just ask you, the 12,519.15 is based upon the filed map lot or the entire lot? MR OLSEN: The filed map. CHAIRMAN GOEHRINGER: Okay. Thank you. Go ahead. MR OLSEN: The present residence contains a kitchen/dining area, a living room, three bedrooms of which two are very small and one bath. The proposed alterations would provide for a larger kitchen/dining area, a living room, four bedrooms two of which would be downstairs and two upstairs, three baths and a laundry room. The applicants have four grown children and are seeking to rebuild a home that would be suitable not only for a comfortable year-round living but would also be a suitable place ue accommodate their children when they come to visit and their spouses and someday their grandchildren. The nature of this application is a quality of type living application. Present this evening is the architect John Sckmitz who will fill you in further detail as to the nature of the improvements which the applicants seek to make and I think maybe at this time if you don't mind I'll have John come forward and he can indicate to you what he has designed, why he's designed it and answer any questions that you may have concerning the design. CHAIRMAN GOEHRINGER: Sure. Thank you. How do you do? If you want to use that stand over there John you are welcome to put it on that or if you feel you can hold it. MR SCHMITZ: What I thought I'd do is explain some o~ these things, point to the model and then I'll bring it up for you. CHAIRMAN GOEHRINGER: Okay. MR SCHMITZ: So can use it. The existing house as we've said is a one story house. Our addition is going landward from the sea. We're not extending out an~-wheres. What we've basically done is add this bulk of the house here to the north of the existing house. This will give us suitable space to put a all new foundations and structural systems ~o support a two story section on the house ~nd at the same time not disturb any of the existing structure that exists that holds the one story section. We are going to reconfigure the Page 10 - August 15~ 1991 Public Hearing- Mr and Mrs Thomas McKeon Southold Z.B.A. MR SCHMITZ~ cont'd: roof line in the center here and go a little hat over this section other than that the existing roof lines of the house are relatively undisturbed in terms of load distribution and what have you. we've also arranged for a garage up here connected by an open lattice breezeway that will hook the two of them together. The lot that this is on, this base right here is the size of a filed lot indicated by this dotted line right here. The end line that you see as a loose wave is the high water mark that exists in that matter. So if you do look at this model this is all into scale, you'll get a good idea as to how it sits on the lot and where it sits in relation to the set backs from the corners. I have also brought with me tonight a set of plans which indicate the site plant the layout of the garage and the breezeway as well as the two floor plans and all of the elevations of the house and I would like to mark these as an exhibit. CHAIRMAN GOEHRINGER: You say the garage is 500 square feet. How big is that? MR SCHMITZ: It's 20 X 25. Do you wan~ to mark this as an exhibit? CHAIRMAN GOEHRINGER: Sure. We'll just take it. We'll say that we received it from you. MR SCHMITZ: if you have any other questions regarding the construction? CHAIRMAN GOEHRINGER: I was wondering what thepurpose of the breezeway is other than esthetics. MR SCHMITZ: We were told by the Building Department in my discussions with Mr. Lessard that a detached garage is not allowed in this zone, it must be attached to the house and therefore one of the methods of attaching, he suggested to be, a covered through breezeway, so that is the reason we installed that in there. CHAIRMAN GOEHR!NGER: Was there ever any thought about actually attaching the garage to the .front of the house in a~yway or building it into the front of the house? MR SCHMITZ: We had looked at that in terms of on to the house, howeverr due to the set backs of the lets, its existing width, hooking the garage onto the house became impractical in terms of obscuring light and entry into the house on that level. We have done our best with the hook-up to give it an open look on the connection with lattice~ low Page 11 August 15, 1991 Public Hearing - Mr & Mrs Thomas McKeon Southold Z.B.A. MR SCHMITZ, cont'd: wall, with an open top, so that you will still maintain breeze and views though that walkway as you move. CHAIRMAN GOEHRINGER: And how close is the house on the westerly side of the property, at present? MI{ SCPiMITZ: I believe it's approximately ten feet off the line, five feet in that range. CHAIRMAN GOEPSqINGER: Are you anticipating it any closer than that at this point? MR SCHMITZ: No. Our, is this in construction with no closer than already exists on either side of the lot. CHAIRMAN GOEHRINGER: Because the other side you are only 1.8 feet right? MR SCPE~ITZ: Right, which is an existing condition. CHAIRMAN GOEHRINGER: We will take a look at the lot coverage based upon what Mr. Olsen has given us and we'll do the best we can. In situations like this, uo be perfectly honest with you, I'd rather see a two stage situation and that is the, basically the consuruction of the house first and then the construction of the garage after, but we'll see what we can do. Thank you. Is there anything else you would like to add Mr. Olsen? MR OLSEN: Yes. When I submitted my application to you, I did also at that time submit a sketch prepared by John Schmitz showing the existing residence plus the proposed additions including the breezeway and the garage and I'd like to submit another copy of that and call it exhibit 4A. CHAIRMAN GOEHRINGER: Okay. Thank you. MR OLSEN: This is a, this is not a use variance, this is an area variance, but I do submit that, if the Board did not grant the application that there would be an economic loss and hardship to my client and I've asked Andrew Stype an appraiser from Mattituck to come and make a presentation also so at this time I would like to have Mr. Stype come forward. CHAIRMAN GOEHRINGER: Certainly. MR STYPE: Hi, I'm Andy Stype from Stype Realty. We have offices on the Main Road in Mattituck. I also am a licensed real estate appraiser and have been since 1978 and I had Page 12 - August 15~ 1991 Public Hearing - Mr & Mrs Thomas M McKeon Southold Z.B.A. MR STYPE, cont'd: inspected the property back on August the 13th, I had found the house was approximately 1300 square feet of living space, which is pretty much smaller than an average size house. If the owher is not granted to have this variance he would loose about 1100 square feet of living area. I have calculated that if he looses almost 1100 square feet of area that he would loose almost $90,000 in value. I had taken these vatues~ value cost figures from the Marshall- Swift book and it states that it's about $80 for every square foot you're to place that part. I have also calculations here if you would like to look at them. CHAIRM3uN GOE~IRINGER: I don't think it's necessary. Does anybody want to look at them. I don't think it's necessary. We know your credentials sir. MR STYPE: I'll give you a copy. CHAIRMAN ~OEHRINGER: Thank you very much. MR OLSEN: If we could let just the record show that Mr. Stype has made part of the record the result of his calculations on the economic lose. CHA!RMAI~ GOEHRINGER: Sure. MR OLSEN: Due to the fact that this is a water front piece of property, the new additions to the home will be on northerly side of the property, that is the non waterfront side and the applicants have through their architect obtained a waiver from the Southold Town Trustees on July. 12, 1991 for the intended alterations and I'm submitting a copy of the Board of Trustees letter granting a waiver which I submit as exhibit number 5. CHAIRMAN GOEHRINGER: Thank you. MR OLSEN: Low and behold will meet the present zoning code requirements and no side yard height or front yard variances will be necessary. The proposed alterations will meet the code requirements of a 35 foot front set back and the side yards will continue the present side yards of the existing structure. The proposed garage of 20 X 25 feet will be connected with a breezeway to the dwelling and was explaining the reason for the breezeway as so that it technically becomes part of the main structure and we don't need a variance to have an accessory building in the front yard. They definitely do want a garage for purposes of · storing vehicles and boats and so on and yard equipment and I would hope that the application is favorably looked at that Page 13 - August 15, 1991 Public Hearing - Mr & Mrs Thomas M McKeon Southold Z.B.A. FLR OLSEN, cont'd: it consider the entire project a~ this point, because I think it's their intention to do it all at once rather than piece meal. It is respectfully submitted that the intent of improvements and alterations will result in an increase in value to the other properties in the neighborhood. Fisherman's Beach area like so many other areas in the township was once primarily used for seasonal summer use is now becoming a prime area for year-round use. There are a number of homes in the area that were once seasonal homes and now are attractively maintained year-round residences. My research has revealed that the Zoning Board of Appeals has in fact granted excessive lot coverage variances on two occasions in the Fisherman's Beach area. One for Anthony Robastelli, this Tax Map Number is 1000-111- 1-lots 18 & 19. And that was granted on March 2, 1988, Appeal Number 3677 and I'm submitting a copy of the action of the Zoning Board in that matter as exhibit number 6. CHAIRMAN GOEHRINGER: Thank you sir. 5IR OLSEN: The other instance was an aDplication of Frank and Sandra Curran owners of Tax Lot number 1000-111-1-16, Appeal Number 3768 who also obtained a lot coverage variance and a copy of the Zoning Board of Appeals decision in that case is submitted as exhibit number 7. I might point out the Curran property which is the subject of the last mentioned variance is diagonally across the street from the McKeons' property and the lot coverage variance that was approved there was for a coverage of 25.5%. I'm also submitting here with photographs of the subject property along with photos of houses across the street on the north side of the McKeon property and other nearby parcels for purposes of showing the character of the neighborhood. I would request that said photos be marked as exhibit number 8. Also if you drive up and down the road there, you see that there are all kinds of houses really nice year-round houses and there are some houses that are very close to the road. The proposed alterations to the main par~ of the house, the McKeon houser the closest part of the house itself, the house proper, would be set back 82 feet from the road. Of course the garage would be about 35 feet back, but the house itself would be set way back about 85 or 82 feet south of the road itself. In any event I'll submit these photos. CHAIRMAN GOE~IRINGER: Thank you sir. MR OLSEN: I respectfully submit that the applicants do have a practical difficulty in connection with this property. And that the following matter should be considered by the Board in connection with this application. One its respectfully Page 14 - August 15, 1991 Public Hearing - Mr & Mrs Thomas M McKeon Southold Z.B~A. MR OLSEN, cont'd: submitted that the variance being sought is minimal in character, that as there's only a 9% additional lot coverage variance from the permitted 20% under the code. Number twos the effect if the 9ariance is allowed would not increase the population density, nor would it have any effect on available governmental facilities. Number three, there will be no substantial change produced in the character of the neighborhood~ nor any substantial detriment to the property and in fact the variance would produce advantageous results to the adjoining properties, in that, what is now a seasonal type home would be greatly increased in value by the improvements. And thus in turn improving the value of other properties in the neighborhood. Due to the fact that this is a non-conforming lot which was created back in 1931, it's not feasible for the applicant to build suitable year-round comfortable living accommodations for his~ family other than pursuing this variance application. It is thus respectfully submitted that the interest of justice would be served by allowing of the variance and there are practical difficulties of the applicant in carrying out the strict letter of todays regulations, which the Board has power ~o vary and modify pursuant to Article 28 Section 100-271 of the zoning code. The applicants are also present so if the Board has any questions that they would like to ask of the McKeons~ CHAIrmAN GOEHRINGER: No. I just want to ask the architect another question. Thank you Mr. Olsen. Mr. Schmitzr what would be approximate height from ground level or grade to the ridge on this side? Just an estimate. MR SCHMITZ: Approximately 27 feet, perhaps it's 25 to 27 in that range. CHAIRi~AN GOEHRINGER: And what would be the approximate height of the garage to the ridge? MR SCHMITZ: It's eight foot at ~he sill height, I believe it's~ it would have to be about 15 or 16 feet. CHAIRMAN GOEH1RINGER: The only thing I wanted to mention for the record is that on that side that you have 1.8 feet, you are actually asking us to increase a non-conformity in reference to height which is a difficult thing for.us to deal with. And I'll be honest with you, we never granted it before since I've been on the Board which is eleven years, but we'll see what we can do. Okay. Thank you very much. Do you have any questions? MEMBER DINIZlO: Yeah~ I do. Page 15 August 15, 1991 Public Hearing - Mr & Mrs Thomas M McKeon Southold Z.B.A. CHAIRMAN GOEHRINGER: Oh, wait a minute we have.°. MR OLSEN: Mr. Chairman, I would just like to make one more comment and that is, that closing it's respectfully submitted that there is no legitimate public interest served by not granting the variance. Thank you. CHAIRMAN GOEHRINGER: Who would you like to ask the question? MEMBER DINIZIO: Mr Stype. CHAIRMAN GOEHRINGER: Oh, Mr. Stype sure. MEMBER DINIZIO: I just want to make sure I understand this. You're saying that the value of this property, the property would be devalued if we do no~ grant this.. MR STYPE: No. Like I'm saying if he's allowed ~o increase his house size by an extra 1100 square feet, that he would increase value by almost $90,000. Because, obviously .... MEMBER DINIZIO: But where is the hardship, as far as us granting or not granting, how would our no~ granting ~his application crea~e a monetary hardship on this person now. MR STYPE: Well the hardship is that if he's no~ allowed to increase his house by the extra 1100 square feet, that he would lose almos~ $100,000 in value that is a hardship or is economic loss. It's obvious especially so if you have a house that's on any body of water if you increase the size you really increase the overall value. And in a.house like this, it is so small, he would have a lot of advantages definitely. And that's also economic advantages ~oo. MEMBER DINIZIO: Okay. Thank you. CHAIRMAN GOEHRINGER: Bob? MEMBER VILLA: I have a question, Gary on any of this new constr~ction now is that going to disturb the existing sanitary system? MR OLSEN: I believe that they are planning on using the... MR SCH~4ITZ: ...the existing sanitary system is going to be located, we've contacted the D.E.C. concerning that matter as well as the Suffolk County Health Department. MEMBER VILLA: So it's on the land ward side of tke house? Page - August 15, 16 1991 Public Hearing - Mr & Mrs Thomas M McKeon Southold Z.B.A. MI~ SCHMITZ: Yes. CHAIRMAN GOEHRINGER: I guess that's itl We thank you Mro Olsen, we thank you Mr. Scb_mit~ and we that you applicants for such an extensive presentation. Is there anybody else who would like to speak in favor of this application? Not only that thank you Mr. Stype~ I apologize. Is there anybody that would like to speak against the application. Seeing no hands I'll make a motion closing the hearing reserving the decision until later. Thank you. All in Favor - AYE. Appl. No.: 4048 Applicant(s): Burt Lewis, Jr. Location of Property County Tax Map No~: 1000-126-1-4.1 The Chairman opened the hearing at 8:15 pm and read the notice of hearing and application for the record. CHAIRMAN GOEH~INGER: We have a survey~produced by Roderick Van Tuyl P.C. most recent date is 7, 1991 indicating that May the nature of this existing addition is 20 X 20 off the west side of the existing building on the Main Road in Mattituck, some 196.97 feet west of Bray Avenue and is presently used as a Real Estate office. And I have copy of the Suffolk County Tax Map indicating 'this and surrounding properties in the area. Is there somebody ~no would like to be heard? Mr. Lewis how are you, nice to meet you sir. MR LEWIS: Yeah, I'm Ronald Lewis, I'm Burt Lewis' son. I think the application speaks for itself. CHAIRMAN GOEHRINGER: The only thing that I woul~ mention is that is there any appropriate parking plan that you have at this particular time? There appears to be no designated parking at this site, is that correct? MR LEWIS: No. There's existing blacktop. There's no lines on it. CHAIRFLAN GOEHRiNGER: There's no lines on it or anything of that nature. Are you still at this particular time parking in front of the building and backing out into the Main Road. MR LEWIS: Noi we never backed into the Main Road. There's plenty of room there to turn around. There's a lot of room on the side. Page 17 August 15, 1991 Public Hearing - Burr Lewis, Jr. Southold Z.B.A. CHAIRMAN GOE~RINGER: Would the cars that were being parked in front of this building be normally parallel to the building or would they be diagonally? MR LEWIS: Correct. CHAIRMAN GOEHRINGER: They would parallel to the building. Before you sit down, let's see if there's any other questions, alright. Does anybody have any other questions concerning this? Bob? Jim? Serge? MR LEWIS: Thank you. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? No further questions, I make a motion closing the hearing reserving decision until later. All in Favor - AYE. Appl. No.: 4041 Applicant(s): Donald and Jeanne Grim Location of Property: 11910 Oregon Road, Cutchogue, NY County Tax Map No.: 1000-83-3- part of 4.4 The Chairman opened the hearing at 8:22 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a site plan from John Metsker licensed land surveyor. The most recent date if February 1, 1990 indicating the site plan at this particular facility and the special exception and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Grim would you like to be heard. You have nothing to say. Alright, well we always have the questions. So I'll ask you step up to the mike. I had recently viewed your facility on a Sunday morning about two weeks ago, my question is are you limiting this recycling facility to any specific goods? Will it be, I'm asking a question and answering at the same time, and stop me if I'm incorrect. I noticed that there were vehicles that you were going to dismantle. Is that correct? MR GRIM: Yes. CHAIRMAN GOE}tRINGER: So there will be steel in salvage of steel, aluminum or metals and so on and so forth. MR GRIM: Yes. Page 18 - August 15, 1991 Public Hearing - Donald and Jeanne Grim Southold Z.B.A. CHAIRMAN GOEHRINGER: Will you be dealing with construction debris? MR GRIM: Yes. ~ CHAIRMAN GOEHRINGER: Okay, and that will be done also in a prescribed area of this particular yard. Alright. What other areas would you be dealing with? MR GRIM: Concrete and asphalt and tree stumps and things like that. CHAIIAMAN GOEHRINGER: You would be grinding tree stumps? Okay. The cars themselves will they be dismantled in any other way other than by pieces or will they be actually put through a shredder or? MR GRIM: No. All we're going to do is save what par~s we think are good and what parts we can sell and the rest of the car that we can't sell we'll probably just take them to a payloader and flatten the roof and put a trailer and send it some place else. It's not bad enough right now. CHAIRMAN GOEHRINGER: Based upon any all affluent or anything that would be coming out of these vehicles or anything, they are all going into prescribed drainage pits meaning health department standards and all this. MR GRIM: Right. The car would be put inside and all the fluids would be drained on the side of the building we're going to make a waste shed so after you drain it you don't have to go outside with the oil~ there's going to a funnel going through the wall into a shed which will be an approvedt I think there made by North Fork Welding, one of those steel bins and probably be reburned in a waste that will be already in the garage, so that you only have to handle it once. It like~ if you have to take it outside, there's more chance Df spilling so you can set up a simple way of doing this° Then the car would come outside and be flattened and put on a trailer. CHAIRMAN GOEHRINGER: What would.be the maximum height that you would stacking carst assuming there wasn't a market for them? MR GRIM: I thought like a legal height of going down the street, 13 feet 6 inches, because if I put them on the trailer that's what's got to go down the street and you know, I wouldn't go sky high. Page 19 - August 15, 1991 Public Hearing - Donald & Jeanne Grim Southold Z.B.A. CHAIRMAN GOEHRINGER: Okay. Crushed or not crushed it's not going to exceed 13 feet 6 inches. MR GRIM: Yeah, I thought that~would be a happy number. CHAIRMAN GOEHRINGER: No, that's fine. You want to briefly just clue us in in reference to the height of the plantings that you intend to use for screening, I know that you've discussed this with the Planning Board under the site plan. MR GRIM: Right, Valerie asked me to go into the street, put up a stick and if my eyesight hit that stick how high would it be where I wanted the height to be and as long as I was over that plain. So like if you're standing in the road you have berm and you have a ten foot bush and you follow that plain, and that's higher than what I have. in equipment she said that was fine. CHAIRMAN GOEHRINGER: So the bushes in the front, they're going to be approximately t0 feet in height eventually? MR GRIM: Well I think there's a 4 foo~ berm and a 6 foot tree. CHAIRMAN GOEHRINGER: On top of the berm, okay. MR GRIM: So that would give me roughly. CHAIRMAN GOEHRINGER: Okay the only other question I have is in reference to noise,pollution. MR GRIM: Okay. CHAIP~MAN GOEHRINGER: What degree since you are not going to have a shredder which probably would be the greatest in noise pollution what other noise would be elucidated from this facility? MR GRIM: There would be some noise from like a payloader and a screening plant, but most of them are run by a small like motor which is equivalent to what all the farmers have up there for their pumps and I don't see it being a problem. C~AIRMAN GOEHRINGER: You are not bringing in a crane with a wrecking ball and anything like that to drop it on cars to... MR GRIM: No. Everything will be done with the payloader and you know it's pretty quite, but you know somebody has to run the payloader. Page 20 - August 15, 1991 Public Hearing - Donald & Jeanne Grim Southold Z.B.A. CHAIRMAN GOEHRINGER: How loud is the grinder for the tree stumps? MR GRIM: I don't have any spe~s on that yet, I do have some specs on the asphalt and concrete crusher and the Planning Board has the full specs on them~ (TURNED TAPE OVER) These are the two I'm looking at and.. CHAIP_NLAN GOEPLRINGER: Thank you. Can I have one of these? MR GRIM: You can have more~as long as I can get them back, if you could make copies? CHAIRMAN GOEHRINGER: Okay. Let's assume that the concrete crusher made more noise than what the neighbors across the street would say. Avail themselves since, we don't have a noise ordinance in the town, would you be willing to go back farther on' the property with that when you were crushing concrete? MR GRIM: Sure. Whatever keeps everybody happy. CHAIRMAN GOEHRINGER: I should point out for the audience that this is probably the first legal recycling facility other than our own landfill thats ever been approved in the Town of Southold, isn't that correct? I mean the other ones were pre-existing, is that correct? MR GRIM: I think so. 'CHAIPd~%N GOEHRINGER: .Yeah, I think we're correct in saying that alright. So that's basically the reason why I'm bringing this issue up, okay. MEMBER DOYEN: Is it the same kind that reduces the metal reinforcement in concrete to, you know.you have here, here's the reinforcing in the concrete. MR GRIM: Right. MESIBER DOYEN: So when that's ground up what happens to it? MR GRIM: There's a magnet belt over here and. MEMBER DOYEN: Oh, okay. MR GRIM: The one belt goes up, this other belt spins fast and takes it out and it separates it. CHAIRMAN GOE~tRINGER: Would that be used for real Page 21 August 15, 1991 Public Hearing - Donald & Jeanne Grim Southold Z.B.A. CHAIRMAN, cont'd: construction, Don? The crushed concrete. MR GRIM: Yes. It goes back for a sub base, so you are taking something that would go into the landfill and jus~ be buried and you get to reuse it again. It is State approved. CHAIRMAN GOEHRINGER: And you would be selling that from the site? MR GRIM: Correct. That would be stock piled in that back area where we have the stock piled material. CHAIRMAN GOEHRINGER: Okay. I don't have any other questions, we'll ask Mr. Villa if he has any. MEMBER VILLA: Yeah, I was lust wondering I was looking at the resolution that was passed by the Town Board and they state in here that you would be, you should have no more than five 55 gallon drums to store the toxic and hazardous materials. MR GRIM: That's what I'm approved for now, we're going back to the Department of Health for a 500 of waste oil 500 of fuel. That's approved on the property now. We're going back to them in another package which is going back to I think he over sees everything and it's being... MEMBER VILLA: So you are going to the Health Department for an Article 12 permit? That's a toxic... MR GRIM: I'm just learning some o~ this. I thought it was an Article 7. MEMBER VILLA: Article 7 is... ME GRIM: I could be wrong. MEMBER VILLA: That depends on how they look at it. MR GRIM: Okay. MEMBER VILLA: I sent all your deep recharge requirements. MR GRIM: I had a deal with... MEMBER VILLA: Pete Akras? MR GRIM: No somebody else. He was asking me what I was doing and you know I sent them back and now I think the Page 22 - August 15, 1991 Public Hearing - Donald & Jeanne Grim Southold Z.B.A. MR GRIM, cont'd: volume of cars is going to be up like you say and the fluids are going to up, so we are going try to up the volume. MEMBER VILLA: You are going to comply to all their double tanks, and their double piping. MR GRIM: I think if we make a shed out of concrete outside and then put one of North Forks containers inkide of it we've got a dual purpose° I think you are allowed... MEMBER VILLA: It depends on how they look at it because a lot of the piping they want double wall piping. MR GRIM: Okay if this is what they want... MEMBER VILLA: But you are in the process. MR GRIM: Well yeah, you know, whatever they want. MEMBER VILLA: I just didn't want it to happen after the fact. MR GRIM: No, okay, thank you. CHAIRFLAN GOEPIRINGER: Does anybody else have any other questions. Okay. We'll see what develops throughout the hearing. We thank you. MR GRIM: Thank you'very, much. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Seeing no hands I make a motion closing the hearing reserving decision until later° All in Favor - AYE. Page 23 - Augus~ 15, 1991 Public Hearing - Lawrence Cervon Southold Z.B.A. Appl. No.: 4042 Applicant(s): Lawrence Cervon Location of Property: Peconic Bay Blvd, Laurel, NY County Tax Map No.: 1000-126-11-21 The Chairman opened the hearing at 8:35 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have copies of a site plan produced by Samuels and Steelmen the most recent date is 7/9/91 indicating the nature of this application and the additions that are sate. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Samuels would you like to be heard? MR SAMUELS: I think that the application~s fairly complete by ~tape not picking up conversation) The entire, almost the entire residence left outside the envelope as we're talking about the zoning ordinance so there is an existing non- conforming. Also with regard to the rear yard and it's a 75 foot set back ofi of the bulkhead. We've looked very carefully at this house and tried to find a way to increase the size of it for the Cervon's use. And unfortunately any addition that we can make to the principle living space is of course to look out on the Bay will increase the non- conformity that currently exists. So that was the primary reason for coming to the Z.B.A. was to find a way or to petition the Board to grant a variance on the water side to allow the Cervons to add on to those rooms which they need to do in order to fit in'the house, so to speak. Currently the house has a 56 foot se5 back from the lower bulkhead, there are two bulkheads on the property. We are looking to increase the house by approximately 12 feet on the front which would therefore reduce that set back to 43 foot from the lower bulkhead. We're adding on, we're proposing to add on approximately 360 square feet to a house which is currently 2060 square feet approximately 15%. That brings us up to a total lot coverage of 13.8% which is significantly less than the allowable 20%. So we feel that we're not over building the site in that regard. The principle issue is the set back off of the bulkhead side. We understand that it is increasing an non-conformity and we certainly would have done a~ything in our power to avoid doing that, however, it was just felt by us and from that this was the only way to add on to the house since it is completely within the set backs. We feel that we've done it in a way which does not directly effect the neighbors view of the Bay seeing as any view that the neighboring houses have across the Cervon's property is one that they are not specifically entitled and the Cervon's couldn't actually effect that view by other Page 24 - August 15, 1991 Public Hearing - Lawrence Cervon Southold Z.B.A. MR SAMUELS, cont'd: means, by landscaping or whatever to increase their own sense of privacy. We have a waiver from the Board of Trustees for the action and we are expecting shortly a letter of non-jurisdiction from the D.E.Co seeing as we are behind the pre-existing bulkhead and also above the ten foot contour. Finally we hope that we will make, we certainly will make every effort to blend the new addition into the existing architecture of the building and the neighborhood which is one of century beach cottages upgraded mostly or at least largely winterized, or winterized homes and to that end we hope that our action, our close action would definitely not adversely effect the character of the neighborhood. CHAIRMAN GOE~tRINGER: Can I ask you what the new addition is, or what is the proposed? MR SAMUELS: It's an addition to an existing living room and dining room space. CHAIRMAN GOEHRINGER: I see. MR SAMUELS: Because there is an existing living/dining on the side, but somehow the way house was built it's kind of a strange layout inside and the spaces are very odd to configure. CHAIRMAN GOEF2~INGER: Where does the addition fall short. What room is that? The bay window is that a bedroom on the opposite on the west side of the house? MR SAMUELS: On the west side that is a master bedroom. CHAIRMAN GOEHRINGER: That is a master bedroom~ okay. And as the nature of this application, it is not the nature of this application because you are not adding on to that° It's pre- existing. MR SAMUELS: That's pre-existing. CHAIRMAN GOEHRINGER: Right. MR SAMUELS: I have just some photographs of the area to give an idea of the land and also the existing condition of our building and the adjacent buildings. And they are numbered and basically the top row is the Cervon's residence and then the lower row is the adjacent buildings. CHAIRi~AN GOEHRINGER: tsthere anything else you would like to add Mr. Samuels. Page 25 - August 15, t991 Public Hearing - Lawrence Cervon Southold Z.B.A. MR SAMUELS: No that's it. CHAIRMAN GOEHRINGER: Okay. Thank you. Is there anybody else who would like to speak ih favor of this application? MR CERVON: Yes, Mr. chairman. CHAIRMAN GOEHRINGER: Could you just state your name for the record sir? MR CERVON: My name is Lawrence Cervon and I'm the owner of the property. CHAIRMAN GOEHRINGER: How do you do sir? MR CERVON: Good evening. My wife, my niece and my son are here tonight. CHAIRi~AN GOEHRINGER: How do you do? MR CERVON: My wife's family has been involved in this area since 1929 her father built a home on South Oakwood Drive in Laurel and her mother still owns the same property and my wife spent just about every summer of her life out here and since we've been married which is almost 40 years we've spent every summer out in Southold to drive and in Laurel, so is my children and the only reason I mention that is I am very well acquainted with the area and have kept in mind maintaining the integrity and the character of the property. What we're trying to do is add a little more living space and to update, to enhance the appearance of the building and I did quite a bit of sole searching before I decided that we really had to do that and employ an architect to study it and because of the configuration of the lot it just didn't appear to be any way to add more living space expect to more towards the bay. And I believe that whatever is done, if the Board approves our request I can assure you and our neighbors it will be done in an absolutely professional manor and they will be a AAA type of construction and will not only enhance the existing structure, but I believe it will enhance the appearance of the entire area and everybody will be quite proud that what was done was done in such way to maintain the integrity and the character of the area, so thank you very much in your consideration. CHAIP3L~N GOEHRINGER: Thank you sir. Is there anybody else who would like to speak in favor of the application? Anybody like to speak against the application? Yes sir, kindly state your name for the record. Page 26 - August 15, 1991 Public Hearing - Lawrence Cervon Southold ZoBoA~ MR MCDERMOT: My name is John McDermot, my wife and I are the owners and residence of property immediately to the east of Mr. Cervon~s property. CHAIRM3~N GOEHRINGER: Is your house a log cabin sir? MR MCDERMOT: That's right. CHAIRMAN GOEHRINGER: Okay° MR MCDERMOT: On July 26th I addressed a letter to the Board and I'm sure it's part of your record. If I may I would j~st like to touch on the points covered in the letter. The structure proposed would permanently obscure a portion of our view with the bay. Definitely across Mr. Cervon's property. The diminished view of the bay would have'a significant effect on the economic value of our property. Three, as stated by the appellants, the proposed structure would continue to encroach on the side yard set backs as does the permanent structure now in place. In my opinion the negative economic impact of the items one through three above could possibly amount to somewhere in neighborhood of thirty, forty thousand dollars. Now~ in the application for a variance, the appellant statement says that the proposed addition to the present structure could not had detrimental effect on the character or the nature of the existing neighborhood. It would jet out permanently from the line of the existing structures in the neighborhood. That's briefly what was in my letter. Today Mr. Samuels was kind enough to have me receive a letter that disputed some of the points I made, unfortunately I got it out of the mailbox today and I wasn't in a position to write the Board a letter discussing these points. I thought if you would be good enough you would allow me to just take them up. I won't be long. He states that we're not legally entitled to the view of the bay across the Cervon property. Perhaps that's so, but I presume the bay front set backs were established to protect an all around view not just the direct view across the bay that Mr. Samuels mentions in his letter. If that's not so I'm puzzled as to why there is a bay front set back. Why couldn't anyone build right up to the high water mark? The second point Mr. Samuels made was Mr. Cervon is entitled to build up to the side yard set back that was established for the present residents. Now, I'm not sure how deep this building is, perhaps 40 feet a lot is nearly 400 feet deep, I find it difficult to understand how the Board could 25 years ago grant a variance for a building approximately 40 feet depth and at the same time have conveyed a right to build up to the same line in either direction approximately 360 more feet. I find that a little difficult to digest that. Mro Samuels Page 27 - August 15, 1991 Public Hearing - Lawrence Cerv~n Southold Z.B.A. MR MCDERMOT, cont'd: also made the point that the Cervon buildings existing and proposed probably would not, states they would not exceed the 20% allowable site coverage. But, if all this construction whichlis at the south end of the property were considered I think very likely that would cover about perhaps 35 to 40% of the south end of the property. And I am sure in any event the addition would contribute to a cramped and over built appearance no matter how good the taste is the architects tastes and design could be fine, however, it would be pushed to the limit. Now poinn four, Mr. Samuels made that this addition should have no effect on our future plans or property or value property. Well that may be his opinion. My opinion is the opposite. It would have an effect. He also states that the addition would improve the value of existing properties. Well, I'm sure you good gentlemen might give it a little thought, perhaps, something along the line of Joyce Killman. Something about the beauty of a tree. Well I assure you at least for me, that no structure no matter how fine it is, would satisfy me more than looking at the bay. Thank you gentlemen. CHAIRMAN GOEHRINGER: Thank you Mr. McDermot. Is there anybody else who would like to speak against this application? Any questions from Board Members? Hearing no further questions I make a monlon closing the hearing reserving decision until later. All in Favor - AYE. Appl. No.: 3958, 3959 Applicant(s): Mr & Mrs Joseph Hardy Location of Property: 13500 Main Road, Mattituck~ NY County Tax Map No.: 114-11-5 The Chairman opened the hearing at 8:55 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating produced by John T. Metzker, land surveyor the most recent date I have it as May 14, 1991 indicating the cement block building with approximately three stories, two used for retail use, one an office, business office, a house with two apartments, a framed cottage in the rear that with an apartment in it. I should mention for the record that this Board did view these premises last year and we and I would ask the attorney for the applicant. Would you like to be heard? MR REALE: Good evening Members of the Board. My name is Ed Reale, attorney for the applicants, Joseph and Betty Hardy. Page 28 - August 15 1991 Public Hearing - Mr & Mrs Joseph Hardy Southold Z.B.A. MR REALE, cont'd: As Mr. Chairman had mentioned this property is located in the town's hamlet business district. It's on the south side of the Main Road just to the east of the large turn in the middle of Mattituck. It's in probably the most intensely developed part of maybe the whole Town of Southold. All of this is clear from the record that's in front of you and it's on the survey. All of the buildings that are currently on that site from which you've seen all pre-exist zoning in the town. There's a certificate of occupancy that indicates that all these structures were there prior to 1957 when zoning was enacted in the Town of Southold. CHAIRMAN GOEHRINGER: The structures, but not the uses in the structures. MR REALE: Yes, that's correct. CHA!FA~3~N GOEHRINGER: Okay. MR REALE: The buildings themselves~ Nothing new has been built. CHAIRMAN GOEH~INGER: N~r was the nature of this application that storage building in back is that correct? MR REALE: That's correct. CHAIRMAN GOEHRINGER: Sorry. MR REALE: The reason we're here tonight is the Hardy's are seeking permission to essentially legitimize the continued use of the house which has two apartments in there and the cottage structure that's in the back in'the rear of the property which is a small apartment as well. It's a residence, a one bedroom residence. The reason we have a special exception application in as well as a variance is that in this hamlet district under provisions of 91B4 of the town code we have a special exception that is permitted from the town for apartments above stores or above offices. This application would meet all of those requirements as set forth as you know special exception, a special permit all is necessary for the applicant to do is te meet the standards in order to be granted that permit. In that department, we qualify for the special permit, we are not detached by the few feet it is from the store, it's in fact directly behind the store, which is the only thing that raises a question whether it can be the special exception permit or not. Where as the apartment just moved over the store or is connected it would meet the special exception requirements for that part Page 29 - August 15, 1991 Public Hearing - Mr & Mrs Joseph Hardy Southold Z.B.A. MR REALE, cont'd: of it. The apartment in the back rather the cottage that's in the back is also it's been there for many, many years pre-existing zoning. The I'll have Mr. Hardy is here tonight explain To you further what's been done to the cottage and some history of the cottage but prior to that again, I make it very clear that this pre-exists zoning, it was already there. It was separate water disposal sewage system for each structure for separate well systems for both the cottage and the two aparr_ment house that's in the front. As far as what surrounds this property, I'm sure everyone here is familiar with what's on the Main Road it's for everyone to see to the, immediately to the west of this property there's quite a large office retail complexes, it appears to me to cover the entire lot with either parking or a store is quite a larger bigger than the subject application. Immediately to the east is a southwestern restaurant it's a house that's converted to a restaurant with an apartment above it. Across the street there's a liquor store and some offices and dry good other business uses, business type uses. The entire area is very intensely developed. I submit one copy of the town zoning code that from that area that indicates the sizes of the lots and intensely developed it is. This lot is not really any different than any of the other lots there as far as the size and the amount of development in the area. CHAIRMAN GOEHRINGER: Thank you sir. MR REALE: So in effect there's not going to be any problem with the neighbors here it's not a situation where having some business uses in an area that's going to impinge upon a residential district. Additionally as far as the special exception concept goes I think it's very clear that the spirit and the intend that the town had in creating that was to make some rental housing available without the need for developing land. I think this fits very nicely into that. They're two small apartmenss into both each one bedroom. You have the floor plans in the file. It's certainly within the spirit of that. It doesn't create any new structures, it's not anymore intensely developed then if you had a large family, one family house. I think that's very much with keeping with the concept of this special permit for an apartment. The cottage in the back is also very small it's a one bedroom upstairs, it's two stories, but it's a bedroom upstairs and just a living space down below. CHAIRMAN GOEHRINGER: Are all three structures rented, are they being used now, I mean the Hardy's were kind enough to take us in the, actually we went in all three at one time last year when, I think there was even snow on the ground Page 30 - August 15, 1991 Public Hearing - Mr & Mrs Joseph Hardy Southold Z.B.A. CHAIP/~AN, cont'd: that day, I don't remember if it was this year or last year it doesn't really make any difference but one of the apartments was not rented at the time. But they are all rented now? ~ MR REALE: Yes. ~Furthermore on the survey that's in the file you will note that there's an area that hasn't all been some of it's open in the back. It's all been out there for parking, there's certainly more than enough off street parking to accommodate the small structure, the small residential structures as well as the stores and office that are there. According to our surveyor there's room for 19 cars on the lot. That's more than adequate for three small apartments, it's certainly more than the code calls for. For three small apartments as well as the stores that are there. I~d like to ask Mr. Hardy to tell you a little bit about the history of the house, application that you have. MR HARDY: Good evening. CHAIRMAN GOEHRINGER: How do you do? MR HARDY: I have some pictures of the existing structures before we started that I'd like to present here. CHAIRMAN GOEHRINGER: Approximately, was this just after you purchased the property Mr. Hardy? MR HARDY: Yes. I purchased that from Charlie Zahra in 1987. At the time, I was told that there would not be a problem getting a c/o on the cottage. I went to the Building Department~ got a building permit explained to Mr. Lessard exactly what we were going to do with the property. He advised me that I was going to have to come before the Board to get an approval on the cottage. And I ended up investing over $200,000 in the property and set up the apartments and what I understand the zoning had changed from single family to two family during that time I think in 1988, so we made an apartment upstairs and between the mortgage and the taxes and everything else I kind of structured it so that I would break even on the property. As far as interior, as you know, we redid kitchens, carpeting, the whole outside of the little buildings, new roofs, roof on the front building, new heating systems, new cesspools, and whatever site work needed to be done. CHAIRMAN GOEHRINGER: Is there presently a c/o on the main dwelling? Net that, for what a one family house? MR HARDY: Yes. Page 31 - August 15, 1991 Public Hearing - Mx ~ Mrs Joseph Hardy Southold Z.B.k. MR REALE: Here's the current c/o. CHAIRMAN GOEHRINGER: That's a copy for ~s? Thank you. MR REALE: Yes. CHAIRMAN GOEHRINGER: Is there anything, sorry Mr. Hardy, is there anything else you would like to add? MR REALE: No. What was, was there a two family in the .... MI{HARDy: Originally from what Charlie had told me it was, there were two families in there before two families were legal and I think there was a complaint or something about it and the Board or somebody went in and he had a kitchen upstairs and a kitchen downstairs but he rented to one ~amity at that time. When I purchased the property there was a per grooming which was commercial and I was advised by the Building 9epartment that that was definitely not legal and I should have them move to another ~ocation. MR REALE: And that was in the cottage. MR HARDY: Right. That's correcu. MR REALE: Now what was the cottage structure like then when you bought it? MR HARDY: The cottage was set up as an apartment. The pet grooming just left it as an apartment with a refrigerator, kitchen~ cesspool, well and fully carpeted. And we just went inside and did renovations to the structure. CHAIRMAN GOEHRINGER: And you're asking us again to legitimize three retail, q~asi business re~ail stores and three apartments, is that correct? MR REALE: Well. CHAIRMAN GOEHRINGER: Two in the house and the rear one? MR REALE: Currently there's a c/o for the three retail stores, that's not an issue. CHAIRMAN GOEHRINGER: I understand. No I'm not making it an issue, but I'm Just trying, it being all encompassing anyway. Okay, go ahead. MR REALE: Yes ultimately what we'd like is approval for the second apartment in the house and the cottage in the back Page 31 - August 15, 1991 Public Hearing - Mr & Mrs Joseph Hardy $outhold Z.B.A. MR REALE: Here's the current c/o. CHAIRMAN GOEHRINGER: That's a copy for us? Thank you. MR REALE: Yes. CHAIRMAN GOEPIRINGER: Is there anything, sorry Mr. Hardy, is there anything else you would like to add? MR REALE: No. What was, was there a two family in the .... MR HARDY: Originally from what Charlie had told me it was, there were two families in there before two families were legal and I think there was a complaint or something about it and the Board or somebody went in and he had a kitchen upstairs and a kitchen downstairs but he rented to one family at that time. When I purchased the property there was a pet grooming which was commercial and I was advised by the Building Department that that was definitely not legal and I should have them move to another location. MR REALE: And that was in the cottage. MR HARDY: Right. That's correct. MR REALE: Now what was the cottage structure like then when you bought it? MR HARDY: The cottage was set up as an apartment. The pet grooming just left it as an apartment with a refrigerator, kitchen, cesspool, well and fully carpeted. And we just went inside and did renovations to the structure. CHAIRMAN GOEHRINGER: And you're asking us againto legitimize three retail, quasi business retail stores and three apartments, is that correct? MR REALE: Well. CHAIRMAN GOEHRINGER: Two in the house and the rear one? MR REALE: Currently there's a c/o for the three retail stores, that's not an issue. CHAIRMAN GOEHRINGER: I understand. No I'm not making it an issue, but I'm just trying, it being all encompassing an!rway. Okay, go ahead. MR REALE: Yes ultimately what we'd like is approval for the second apartmenE in the house and the cottage in the back Page 32 - August 15~ 1991 Public Hearing - Mr & Mrs Joseph Hardy Southotd Z.B.Ao MR REALE~ cont'd: which was apparently a cottage many years ago as well. Mr Hardy, whom I know is a plumber, tells us that the plumbing in that cottage is about 20 years old or older. So that was used as anlapartment~ he bought it as such to legitimize that as well I think that, to obtain approval so that can be used as a residence. So there would be one residence in the back and a two family house and a special exception however the Board wants to look at that~ That the second apartment was in the house. Now this doesn't re,lire adding anything to the house° As it has always been configured~ just a wasted item insides internally. As you can see from those photographs, there's been enormous improvement that piece of property, ! stopped by there again tonight to look at it. It's a big improvement over what use to be there and I think it actually adds a little something to part of the town, part of Mattituck it3s kind of marginal. I mean there's some vacant pieces there and there's a piece next door that's been cleaned up. it looks nice. ! think it actually adds something to that area. As you know very often you find when that happens it has a domino effect° There are some other pieces there aren't looking quite so good I think this has a positive impact. I don~t see how it would have any effect on the neighbors or on the neighborhood in general other than positive effect. The Hardys were presented with this as kind of a given assuming that this all could be taken care of~ it was all there. The yard was adequate~ septic was adequate, the water. I don~t see any reason why request to get a building permit. CHAIRMAN GOEHRINGER: I'!l see if the Board has any questions. Do you gentlemen have any questions on this applicant? MEMBER VILLA: What's the percentage of lot coverage? CHAIRMAN GOEHRINGER: I don~t know if it was calculated~ Bob~ ~hamlet business district. Let's see. It's not shown on~ let's see, I don~t see it indicated here. It doesn't appear to be, do you have it? MR REALE: I don't want to take a guess but I can have the surveyor supply you with that. CHAIRMAN GOEHRINGER: Supply us with that.' This is a very difficult situation in the respect that we~ there's no doubt you have spent a lot of money on this property, Mr. Hardy, we had discussed this the day that we met with you° I mean we're aware of that situation° Having lived in Mattituck most of my life, summers, coming out here since 1948, I was a year old and certainly well aware of what existing there and Page 33 - August 15, 1991 Public Hearing - Mr & Mrs Joseph Hardy Southold Z.B.A. CHAIRMAN, cont'd: how Nick Kouros built it and what existed prior to Charlies first, before Charlie Zahra owned, Gene Gioni owned, along with the tavern next store and then he sold it to Charlie Zahra and then Charlie Zahra sold it to you. For the life of me and for the record I never new that back cottage to have anything more in it then Mr. Kouros was in the camera business and the back cottage to my knowledge or that back garage which I new to be a peck room was simply was a dark room and he used it for his camera supplies. The store he had was relatively small and that was my knowledge that he used that for. I had no idea how the second apartment got into the front house or to what degree ~t got in. All I can tell you is the Kouros were a fairly small family and I didn't think they utilized that entire house themselves. And that's all I can pretty much tell you about it. But I remember since the late 50's early 60's. I've been living ou~ here permanently since 1964, 65 and spent a lot of time every week at the Bohack of course is the building to the west Side which is now the bicycle shop, the insurance agency and so on and so forth and that's all I can pretty much tell you. But we'll see what we can do for you that's all we can do. We appreciate you coming in~ MR HARDY: Okay. I appreciate it. CHAIRFa~N GOEHRINGER: We appreciate all your help and we thank you Mr. Reale. MR REALE: Okay. Thank you very much. CHAIRMAN GOEHRINGER: Pleasure meeting you sir. Is there anybody else who would like to speak concerning this application? Seeing no hands I make a motion closing the hearing reserving decision until later. All in Favor AYE. Page 34 - August 15~ 1991 Public Hearing - Cliffside Associates Southold ZoBoA~ Applo No.: 4039 Applicant(s): Cliffside Associates Location of Property: 61475 Ceunty Road 48, Greenport~ NY County Tax Map No.: 1000-45-1L1 & 2 The Chairman opened the hearing at 9:15 pm and read the notice of hearing and application for the record° CHAIRMAI~ GOEHRINGER: I would mention to the Board however since We are granting Mr. Haefeli a recess I cannot guarantee him we will put it on for the next regularly scheduled meeting. It may be for the October meeting and I will at this particular time offer a resolution to recess the hearing without a date and we'll see what the calendar looks like for the great month of September before we reschedule this. All in Favor - AYE° ~Hearings transcribed by tape not present at hearings)