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HomeMy WebLinkAboutZBA-03/02/1994 HEARINGPUBLIC HEARING BOARD OF ZONING APPEALS . Town of Southold March 2. 1994 {7:30 p.m. Hearings Commenced} Present: HON. GERARD P. COEHRINGER, Chairman JAMES DINIZIO, JR;, Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LAURY DOWD, Town Attorney LINDA KOWALSKI, Clerk-Assistant to Board Absent due to Major Snowstorm: Serge Doyen. Jr.. Member Southold Town Board of Appeals 2 March 2. 1994 Regular Meeting APPLICATIONS INDEX PUBLIC HEARINGS March 2. 1994 Pages No. 4215 - No. 4216 - No. 4217 - No. 4218 - No. 4219 - No. 4213 - No. 4161 - GEORGE KRISS .......... 3- 7 LIEB VINEYARD. INC ............. 8-12 THOMAS PULS and DONNA RICCO ....... 1.3-18 JOHN E. STRIPP and JUDITH D. STRIPP .... 19 DIANE HARKOFF ......... 20-22 IRWIN and AGNES FRICK ...... 23-29 BARBARA KUJAWSKI ........ 30 Southold Town I~oard of Appeals 3 March 2, 1994 Regular Meeting 7:30 p.m. Appl. No. 4215 - GEORGE KRISS. A variance is requested from Article XXIV, Section 100-244B of the Southold Town Zoning Ordinance for permission to construct addition with reduced (southwesterly) side yard setback, and reduced total side yards at less than the required 25 ft. Location of Property: 420 Bayer Road, Mattituck, NY; County Tax Map Parcel No. 1000-139-3-21. The subject premises is a substandard lot containing less than 20,000 sq. ft. in area. The Chairman read the Legal Notice of Hearing for the record, and application. THE CHAIRMAN: A copy of the building plans are sketched out; copy of survey for the specific addition requested on that southwesterly side; and the survey provides date of April 3rd, 1984, with the pending area, which is to be the addition or the proposed addition to the house, which conforms to the overall width of the house; and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there someone who would like to be heard? Are you Mr. Kriss? MR. KRISS: Yes. THE CHAIRMAN: Oh, how are you? MR. KRI$S: How are you, sir? THE CHAIRMAN: I think I was the only gentleman who didn't meet you. MR. KRISS: Okay. May I just bring this to you? THE CHAIRMAN: Surely. MR. KRI$$: You requested pictures, so I brought the pictures of the house here. I incorporated my father --This extension is for my dad. He is 93 years old, and no matter when you go to visit him, he is in that chair. You know, and he is Southold Town Board of Appeals 4 March 2, 1994 Regular Meeting just failing to the point now that --He is doing extremely well for himself, and we have tried to get him to come with us for any number of years now; but now he has just come to the point that he needs help; and we need help. So may I? THE CHAIRMAN: Surely. The approximate size of the addition is -- MR. KRISS: It is 22 by 12. Twelve feet is the minimum that we feel that we can get away with. When we talk to some of the contractors and all, they encouraged us to ask for fourteen or something like that, and then you can negotiate; but we are right up front. We need 12 feet for him. He has certain pieces of furniture and things that he has told us, "Listen, if I can't bring these things that are important to me, I am not coming." So we have figured it out and we need this 12 feet for him to come. He just cannot take care of himself anymore. THE CHAIRMAN: I understand. MR. KRISS (continuing): On top of that, a few years ago I had a heart attack, and I am trying to plop both ways, and it has taken a toll on me also. THE CHAIRMAN: Where does he live? MR. KRISS: He lives in Bay Shore. MEMBER DINIZIO: Is this going to be like a living room for him? MR, KRISS: It is one room. there is no plumbing in it or anything-- It is just one room which will be a combination sitting room or living room and a bedroom for him. We already have a bathroom downstairs that he could use. so that is not a problem. The only plumbing we are really going to need in there is heating for the extension, THE CHAIRMAN: And it will be crawl space? MR. KRISS: Full basement. Southold Town Board of Appeals 5 March 2, 1994 Regular Meeting THE CHAIRMAN: Full basement, good. I don't have any specific questions. Let's see if the other Board members do. Do you have any other questions? MEMBER VILLA: Is this going to be single-story? MR. KRI$S: Yes. There is an overhang -- THE CHAIRMAN: Yes. I have a copy of it right here. MR. KRISS: There is an overhang there; and what we are going to do is just extend this so this will extend the 12 feet from the house now. and it is single story. THE CHAIRMAN: It is going to be the same size as the first story of the house; you are not extending it out past the cantilever on the back of the house? MR. KRISS: No. No. THE CHAIRMAN: So the back of the house is going to be completely even? MR. KRISS: Yes, that is correct. THE CHAIRMAN: Actually it will probably look very nice. MR. KRISS: Yes, we expect so. We have here, we are putting --The front of the house is not going to come flush with the front here (indicating) so he can have a little sitting space there also, and of course then this will go over the small porch or patio there, whatever you call it. THE CHAIRMAN: Good, wonderful. MR. KRISS: We really need to have him come with us. He needs help. We need help. THE CHAIRMAN: We will all need help to get home tonight (snowstorm). Do you gentlemen have any questions of Mr. Kriss? BOARD MEMBERS: No. Southold Town Board of Appeals 6 March 2, 1994 Regular Meeting MEMBER VILLA: Actually, the Code calls for ten and fifteen, right? So you will have ten, twelve and nine. THE CHAIRMAN: Yeah. MEMBER VILLA: So you only need a skip of two feet. THE CHAIRMAN: I don't know if we will make a decision right now or if we will wait until the end of the meeting. You are welcome to hang around if you'd like.like to. MR. KRISS: If there is a chance that you will make a decision, we'd like to know. Thank you. THE CHAIRMAN: Thank you. Is there anybody else who would like to speak in behalf of this application? (There was no response.) THE CHAIRMAN: Anybody who would like to speak against the application? (There was no response.) THE CHAIRMAN: Seeing no hands, I make a motion closing the hearing and reserving decision until later. MEMBER VILLA: Question. Why don't we just act on it now? THE CHAIRMAN: Well, the only reason why, was because --I don't know if you wanted to go along with the restrictions --I have no problems with that. The only restriction I have is that the side yards be, you know; no further restricted. MEMBER VILLA: Ten feet? THE CHAIRMAN: Well, no; we are 12.9 on one side, and we are ten feet on the other, 9.2. These houses are relatively close down there, as we had seen, so that is the reason why. Southold -rown Board of Appeals 7 March 2. 1994 Regular Meeting MR. KRISS: There are homes in the area that are much closer than the 10 feet. THE CHAIRMAN: That is what I am concerned about. down there for 26 years, and that is why we want to -- I have been a fireman BOARD CLERK: Be restricting to ten feet on that side and 12.9 on the other. twelve-and-a-half, whatever it is. THE CHAIRMAN: Okay. Is that all right with you. Bob? MEMBER VILLA: Yes. THE CHAIRMAN: Do you want to make the motion? MEMBER VILLA: Why not? Yes. (Motion made and seconded; see Clerk's record;) THE CHAIRMAN: It is done; all we have to do is reduce it to writing. Take probably about a business day. You are going to have to do a permit for the Building Department. MR. KRISS: Then I have to wait for your paper work to come. THE CHAIRMAN: Yes. You can mention it to Mr. Fisher. that it was approved. CLERK-ASSISTANT: I will tell him tomorrow; I will give him the list. MR. KRISS: Thank you. THE CHAIRMAN: You are very welcome. Have a lovely evening. MR. KRISS: Thank you. Southold Town Board of Appeals 8 March 2. 1994 Regular Meeting 7:35 p.m, Appl. No. 4216 - LIEB VINEYARD, INC. A variance is requested from Article III, Section 100-33 of-the Southold Town Zoning Ordinance for permission to locate swimming pool and cabana within a fence enclosure, situated in an area other than the required rear yard. Location of Property: 14990 Oregon Road, Cutchogue~ NY; County Tax Map Parcel No. 1000-84-01-02 (now Lot #4.4). Zone District: A-C. The Chairman read the Legal Notice of Hearing for the record, and application. THE CHAIRMAN: I have a copy of the original survey that was before uS of the 4.0709 acres, as we dealt with it when it came,before us for the other activity that we dealt with on this application. It was .again submitted by --surveyed by Smith & Young, dated August 24, 1992. The repositioning of the swimming pool is northwesterly from the house, rather than somewhat parallel perpendicular to the original house which it was planned to be placed. Places.it in the sideyard area, and I assume that is the reason why we are here; and a copy of the Suffolk County Tax Map indicating, this and surrounding properties in the area. I have been down to the site --great spot--. Is someone here for the applicant? How are you tonight, sir? Appearance: Garrett Strang, R.A., for the Applicant. MR. STRANG: Yes. I am fine, thank you. Yourself? THE CHAIRMAN: Good, thank you. Just state your name, Garrett, for the record; Southold Town Board of Appeals 9 March 7, 199~. Regular Meeting MR. STRANG: Garrett Strang, Architect, representing Lieb Vineyard ~n this application. As the Board is well aware, we did seek and were granted a variance about a year and a half or a year ago with respect to this pool and cabana. That was early on in the project when we were in the design phase. Since we have obviously moved beyond the design phase and are under construction and have had one of the harshest winters in recent memory, it became evident that our original proposed location of the pool was in an area which seems to collect runoff when the ground is frozen, and there is a fair amount of water that collects in that area. We thought this through and it became evident that we felt that maybe that wasn't the best location for the pool. In addition to that actually, there was a consideration that the way the house is oriented and the fact that the family have two young children, that if the pool were shifted to the location where we are presently proposing, it would allow the backyard play area for the children which would be readily visible from both areas of the house, living, dining and kitchen areas of the house. But that was secondary to the fact that the lay of the land was such that we felt that we may be compromising the structural integrity of the pool putting it in an area of pocket, so to speak, that collects water. We felt that the placement or new placement really was still within the spirit of the ordinance and the previously granted variances in that the accessory building is still further into the front yard area, if you will, than the pool and cabana will be; so that, as shown on the survey, this particular location does fall between the accessory building and the principal building on the site, so we haven't encroached, if you will, any further at all into the front yard area that was established when the accessory building was built. Southold Town Board of Appeals 10 March 2, 1994 Regular Meeting Other than that, I think the application is pretty straightforward, and will answer any questions the Board may have. '[HE CHAIRMAN: There is no intention at any time to actually enclose this and making a full structure around it, is there, to your knowledge? MR. STRANG: None at all. None at all. This is strictly a seasonal pool for summer use. and there is no intention to enclose it at all. THE CHAIRMAN: Okay. The actual elevation of the pool above grade at this particular time and the elevation of the decks, what would you say the total elevation would be? MR. STRANG: Well. the grade is going to be, the pOol and the terrace around it, which will be a stone terrace, not a wooden deck but a stone terrace-- will be as close as practicable to grade, taking into consideration the lay of the land and the flow of surface waters when it rains and freezing conditions, but that we would necessarily take in the spoils from the excavation of the pool and spread them out around the pool area so it would be basically at grade and not necessarily elevated but adequately, say. for the scope of what we have found to be the standing water that collects on the property in storm conditions. THE CHAIRMAN: Okay. Gentlemen? Rich? MEMBER WILTON: The question was, I'm not really familiar with the land to the west. Were the development rights bought on that for Spectacle Ridge? MR. STRANG: Well, basically, Spectacle Ridge and Lieb Vineyard are the same entity. That was the previous name of the reorganized and the name at this time is Lieb Vineyard. Spectacle Ridge is no longer in existence. ~%outhold l'own Board of Appeals 11 March 2, 199~, Regular Meeting MEMBER WILTON: Okay, but that property to the west --Did the Town buy the development rights on that? MR. STRANG: Yes. The Town has. as far as I know, they are either --I don't know if that has been completed to my knowledge-- I haven't really followed up on that, but I know that it was to occur. Whether it has been consummated or not, the Town was in contract to buy the development rights; but everything except four-acre-area that this development sits on or close to 4 acres, 160,000 feet. I believe. THE CHAIRMAN: Jim, Bob -- questions? MEMBER VILLA: I don't have too much of a problem with it. except I find that, you know, one of the reasons for it is the drainage is sort of hard to buy when you look at the fact that, if you look at the elevations on the sidelines, which are over 500 feet long, and elevation is 102 on the front, on Oregon Road it is a hundred or ninety-nine point four. There is only like a two-foot difference in over 500 feet. It would mean. I would think that probably a lot of flooding is taking place because of construction problems more than anything else. I just find that argument a little hard to buy with that kind of terrain. MR. STRANG: The area shown in this map is not in entirety the entire vineyard, and the land rises as you go to the south and to the west, which --unfortunately, this is not a survey of the entire vineyard but only of the area that we are discussing; and one of the reasons that this area was developed on the site with a residential purpose was because of the fact that there was difficulty in growing grape in that area, and it became obvious why that may occur -- that the Southold Town Board of Appeals 12 March 2, 1994 Regular Meeting water doesn't drain through as quickly as it does through other parts of the vineyard. MEMBER VILLA: There is going to be a cabana with this pool as wetl? MR. STRANG: A cabana with the pool, yes, as,there was originally proposed with the former location. THE CHAIRMAN: What is the cabana going to contain again, Gary? MR. STRANG: The cabana will contain storage area, a convenience, toilet room, changing room, and pool-equipment area. THE CHAIRMAN: Okay. Let's see if there is anybody else in the audience. Thank you. Anybody else who would like to speak in favor of this application? (There was no response.) THE CHAIRMAN: Anybody who would like to speak against the application? (There was no response.) THE CHAIRMAN: Seeing no further hands, any further comments from anyone? No. Hearing no further comments, I make a motion closing the hearing and reserving the decision until later. (Seconded and carried; see Clerk's Minutes.) THE CHAIRMAN: Thank you, Garrett, for coming in. Safe home. MR. STRANG: Thank you very much. Same to you. Southold Town Board of Appeals 13 March 2, 1994 Regular Meeting 7:48 p.m. Appl. No. 4217 - THOMAS PULS and DONNA RICCO. A variance is requested from Article III, Section 100-33 for permission to locate swimming pool with fence enclosure in an area other than the required rear yard. Location of Property: 1350 Eugene's Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-1.2. Zone District: R-80 Residential The subject premises is a substandard lot. The Chairman read the Legal Notice of Hearing for the record, and application. THE CHAIRMAN: I have Application 4217 of Briarcliff Landscape, Inc., which indicates a rather extensive pool and patio area to be constructed basically on the easterly side of this residence on Eugene's Road. We have seen stakes and are somewhat aware in the snow of what exists there, and what is proposed; and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there anybody from Briarcliff? Hi, how are you? Appearance: Neil Cichanowicz of Briarcliff Landscaping, for Applicant. MR. ClCHANOWICZ: Yes. THE CHAIRMAN: Is there anything you would like to add to the hearing? MR. ClCHANOWICZ: No; I just am here to answer any questions you might have on the site or work to be done. THE CHAIRMAN: Okay; the only thing that concerns me at this time is that you are just in the process of dealing with the Trustees, and I assume some sort of application has been made to the DEC concerning this, okay. So what we would like to do is hold it in abeyance until we get at least the Trustees' opinion on the site; and we will recess it for probably 45 days? Southold Town Board ol~ Appeals 14 March 2, 1994 Regular Meeting BOARD CLERK: Usually takes 45 days. THE CHAIRMAN: About 45 days. Conceivably you are not going to be able to build now anyway; so it would make sense to have all those-- MR. CICHANOWICZ: The Trustees' review? BOARD CLERK: And the State D.E.C. THE CHAIRMAN: And we will see what develops throughout the process. If there are any changes at that time, then we can incorporate thosechanges into the hearing, and we will go from there. The planter-wall is constructed of what? MR. CICHANOWICZ: CCA. THE CHAIRMAN: Like CCA landscape ties basically? MR. CICHANOWICZ: Right, six-by-six ties. THE CHAIRMAN: I don't have any specific questions at this time. I will further go back and investigate it. It is a little difficutt, Nell, at this time with all of the snow there. I was there about two weeks ago, and it was really snow. I did appreciate the spray-paint. Some of the members didn't see that. MEMBER WILTON: What did the two yellow stakes represent? Were they corners or centers? MR. CICHANOWICZ: They were all corners. MEMBER WILTON: When I was there, there were only two stakes. MR. CICHANOWICZ: They must have fallen. I did it a couple weeks ago, and there was a lot more snow, and I couldn't get any stakes in the ground. THE CHAIRMAN: I saw all the stakes. There was no problem, and I saw the spray-paint. It was really great; that orange spray-paint came up great against the white snow, Does anybody have any questions of Nell while he is here? $outhold Town I~oard of Appeals 15 March 7, 1994 Regular Meeting MEMBER VILLA: The only question I have --I am sorry-- is on the berm height in the front. There is a berm requirement of four feet. and they are exceeding it. Town Code says berms shall be only 4 feet. and you have got almost five-and-a-half feet in the front -- 40 yards on one side and {inaudible) the other side and elevation raised to 12 and 12.8. MR. ClCHANOWICZ: There is berms there now, I know that, They exceed what is allowed as well. I believe on the other page there is berm heights listed that are at four feet. MEMBER VILLA: So what are you going to do. scale them down? MR. CIGHANOWlCZ: --They are not going to be made any higher than the berms are now. They are just going to be moved because the driveway entrance area is going to slide over a little bit; so what they are going to do is extend it places. MEMBER VILLA: That brings a question. Jerry, Are we going to address the existing berms in this. or are we going to close our eyes? THE CLERK: We can't, We have to advertise; he has to apply separately for berms. MEMBER VILLA: Well. that is part of the plan, THE CLERK: Well. then you will have to restrict him to four feet until he comes back. right? MEMBER DINIZIO: I think what Bob is saying, that they exceed four feet now, Southold Town Board of Appeals 16 March 2. 1994 Regular Meeting THE CLERK: to 4 feet unless he came back with another application to exceed the 4 feet. MEMBER VILLA: Well, it is an item that has to be addressed then~ THE CHAIRMAN: Well, the only concern is if there~is a C.O. on the property at this time. The Building Inspector did not indicate that there was a violation of those-berms as they exist. So they exist. Okay. How they got there is not necessarily this gentleman's concern. He is coming in with --in fact. he is going to manipulate those berms not to exceed 4 feet in the area he is going to be dealing with. MEMBER VILLA: Well, my question to you was: Are we going to address the berm height or not? THE CHAIRMAN: No; we can send a note to the Building Inspector indicating to him a short memo that in this application we did indicate that the berms were higher than they should exist. MEMBER VILLA: --or a condition for a decision. THE CLERK: That's right; you could do it two ways. THE CHAIRMAN: You could do it two ways. We'll inform they are higher and that they exist higher at this particular time, and is that a part of the normal overall plan in reviewing the situation, that possibly --if he thinks they are higher than 4 feet, then maybe they should be addressed in the variance procedure. THE CLERK: But it would have to be applied for separately, that we could advertise it separately, and take it from there. THE CHAIRMAN: Sure. THE CLERK: But it really is a separate application. Yeah, but in our decision we would have to have him cut it back Southold Town Board of Appeals 17 March 2, 1994 Regular Meeting THE CHAIRMAN: When we re-advertise, we could indicate that, if he so indicates that there is a need for it. THE CLERK: That's right. THE CHAIRMAN: Okay. Neil, what we are trying to do is-- MR. ClCHANOWICZ (interposing): If what we are going to do is to build higher than 4 feet. it doesn't address existing, does it? THE CLERK: Isn't the berm there now? THE CHAIRMAN: Yeah, Mr. Villa is referring to the fact that the berms now exceed 4 feet, okay; and you are telling us that you are not going to exceed 4 feet with any manipulation of a berm, that you are going to be dealing with and changing the driveway procedure or whatever the case might be, so, you know, we will determine through the Building Inspector if the berms are legal or if they are not legal and then --What we are trying to do is encompass everything into one nice neat package so that when you go in there, if we do approve this, with your equipment, that everything is done at one time, and that is the whole process. All right? MR. ClCHANOWICZ: Okay. THE CHAIRMAN: Is there anybody else, while we are at this hearing, who would like to speak in favor of this application? (There was no response.) THE CHAIRMAN: Anybody who would like to speak against it? I There was no response,) THE CHAIRMAN: Excuse me; I remember meeting you about two weeks ago with your rather, and I apologize, okay? MR. ClCHANOWICZ: That's okay. $outhold Town I~oarcl of Appeals 18 March 2, 1994 Regular Meeting THE CHAIRMAN: Hearing no further comment, I make a motion closing the hearing and reservin9 decision until later. I am sorry --recessing the hearing. (Motion seconded and carried~ see Clerk's Minutes. ) THE CHAIRMAN: We are going to recess this without a date, right? CLERK: Yes. Southold Town Board of Appeals 19 March 2, 1994 Regular MeeLin9 7:56 p.m. Appl. No. 4:218 - JOHN E. STRIPP and JUDITH D. STRIPP. A variance is requested from Article III. Section 100-32 for permission to locate a new principal dwelling, structure with a reduced front yard setback. Location of Property: Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-7-2-9. Zone District: R-120 Residential. The subject premises is a substandard corner lot fronting on two private roads. The Chairman read the Legal Notice of Hearing for the record, and application. THE CHAIRMAN: The next hearing is in behalf of John E. Stripp and Judith D. Stripp. I don't think there is anybody here from Fishers Island; but I won't be that presumptuous tonight. Not seeing any hands, then I will make the determination that we will recess this hearing until the next regularly meeting on April 6th [as requested by the applicant and Chairman jointly for further documentation ). (Motion seconded and carried; see Clerk's Minutes. ) Southold Town Board of Appeals 20 March 2. t994 Regular Meeting 7:50 p.m. Appl. No. 4219 - DIANE HARKOFF. A variance is requested from Article IX, Section 100-92 for permission to construct storage area, replacing walk-in cooler existing in rear yard. This project exceeds the maximum-permitted lot coverage requirement in this Hamlet-Business (HBI Zone District. Location of Property: 835 First Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-8-15. The subject premises is a substandard lot. The Chairman read the Legal Notice of hearing for the record, and application. THE CHAIRMAN: We have a copy of a site plan. It is done by Donald G. Feller of Mattituck, dated 2/24/94, indicated the squared-in area and the nature of the change of the roof-line -- well, actually it is a squared-off area of the building, and of approximately 12 by 22, and I have a copy of the Suffolk County Tax Map indicating this and surrounding parcels in the area. Mr. Feller, how are you tonight? Pardon-me; it must be the snow tonight. I am off on everything. Is there anything you would like to state for the record? Appearance: Donald G. Feller, RA Mattituck, N.Y., for the Applicant. MR. FELLER: I just want to mention that the storage area is to be attached to the kitchen. It is necessary, and we really don't want to store things outside. There are practical difficulties with that. It is the only storage space. It increases from 51% lot coverage up to 53%, is what we are asking for. THE CHAIRMAN: When Mr. Harkoff showed me the existing walk-in box, I failed to ask him if he was destroying that one or was he building a building around the existing one? MR. FELLER: That would be removed. 5outhold Town Board of Appeals 71 March 2. 1994 Regular Meeting THE CHAIRMAN: Completely removed? MR. FELLER: Yes; that is pretty much use[ess. THE CHAIRMAN: I assumed that; I just had to ask you the question because he told me he had to change the roof line and so on and so forth. MR, FELLER: Yes; also it was inaccessible to get out that door and up the slope of the rear yard into that walk-in box. Okay. Are there any questions from my fellow Board THE CHAIRMAN: members? Rich? MEMBER WILTON: THE CHAIRMAN: MEMBER VILLA: Not really. Okay. Bob? Are you going to replace the cooler in this area? MR. FELLER: It will possibly be inside the new storage area. with access from the inside of the building, from the kitchen. That is probably what we will do, in the back of the storage area. MEMBER VILLA: If it is not inside, where,would it be? MR. FELLER: That is really the only spot for it. There is no other space on the side for it; on the other side of the building is all the cesspools, and you have the bulkhead there where the grade goes up to the (inaudiblel accessory and the entrance to the kitchen in back of the property. THE CHAIRMAN: You answered our question: Where the cesspools were. Jim? MEMBER DINIZIO: I just --Would this take care of all the bottles and stuff you have in the back there now? Would that all be stored inside? Southold Town Board of Appeals 22 March 2, 1994 Regular Meeting MR. FELLER: That is the idea. There is noplace inside. And some of the storage is giving some problems with the Health Department for the storage that is inside. There is really no good spot for it now. THE CHAIRMAN: So the actual addition is 12 by 22? MR. FELLER: Yes. THE CHAIRMAN: Okay. And 6 by 22 of that will be the walk-in box proposed? MR. FELLER: Yes. THE CHAIRMAN: And the remaining on that would be the storage area, before the walk-in box? The walk-in box would be the area to the closest to the rear of the building? MR. FELLER: Yes. THE CHAIRMAN: Okay. does anybody else in the audience have any specific questions concerning this? (There was no response.) THE CHAIRMAN: Anybody like to speak against it? (There was no response,) THE CHAIRMAN: Any further comments7 Hearing no further comments, I make a motion closing the hearing and reserving decision until later. (Motion seconded and carried; see Clerk's Minutes. ) THE CHAIRMAN: If you would like to hang around, we will be here for a short period. Southold Town Board of Appeals 23 March 2, 1994 Regular Meeting 8:03 p.m. No. 4213 - IRWIN and AGNES FRICK. at 193§ Westview Drive, Mattituck, NY; 107, Block 7, Lot 5. Carryover from February 7, 1994 ~ Continued Hearing of Appl. Addition with reduced sideyard setback County Tax Map District 1000. Section The Chairman read the Legal Notice of Hearing for the record, and application. THE CHAIRMAN: Are the Fricks here? MR. FRICK: Yes. THE CHAIRMAN: I would like to add --and I will tell you the reason why we asked you to come down-- but we will give you a chance to speak first. MI{. FRICK: The reason we are requesting this variance is the house was built for two people. It is very small. I think it is 1.300 square feet. and we have five people in our family. We have to dc something, if we could make it larger. My mother lives with us. and she is eighty; and we had to build an area for her also. so that is why we are asking for this variance. THE CHAIRMAN: The reason why we asked you to come down was because we have done something unique on this Board over the years, and that is. we have granted alternate relief, as opposed to just denying the application, And I had suggested that we ask you to come down and ask you the question if we are not happy with reducing this to five feet. and you know we could grant alternate relief. So I have no idea during the deliberation process, that~ is basically what emanates, a figure and then two of us agree on it. and we run with a motion, based upon percentages and overall sideyards that are down there, and so on and so forth. Again. there is a definite concern --really two concerns, all right-- apart from the entire situation that we deal with in reference to percentages of variances and what Southold Town Board of Appeals 24 March 2, 1994 Regular Meeting we have done in the specific area in reference to the reduction of side yards, And I go back to the situation you had heard me say about fire access and distances between houses, and so on and so forth. So I will put you on the spot again. MR. FRICK: I don't know how to answer that. The side yard, the house is set back further than --have you seen it? THE CHAIRMAN: Yes. MR. FRICK: It is set back off the street a lot further than the rest of the houses on that block. So that five feet that we are infringing on there, I don't think it would have anything to do with any kind of access for somebody to get out or in. THE CHAIRMAN: The other concern we have is that --or I have-- I am not speaking for any of the Board-- You really have to be able to put a ladder on your own property to work on it. You know this is a two-story house; plus you have the roofline above that. To really work on that house, you know the slope of that ladder is going to be on somebody else's property if you go with a five-foot side yard. MR. FRICK: There would still be six feet left. THE CHAIRMAN: I know, but I really don't know if that is enough, you know. What is it, I~ive and a half that you are proposing? MR. FRICK: Yes. THE CHAIRMAN; Right, five-five. Five-six. And that is one of the concerns that we have. MR. FRICK: Putting a ladder up on somebody else's property. Southold Town Board of Appeals 25 March 2, 1994 Regular Meeting THE CHAIRMAN: Yes. I am saying, just working on the property in general, I am giving you some background of the way we dealt with these,situations, in a constructive type of way, I know that it concerns you because you are telling us you need more square footage because of the size of the house, and so on and so forth. MR. FRICK: The house was built for two people, so it is tight, THE CHAIRMAN: Just for the record, you are Mr, Frick, right? MR. FRICK: Yes, I am. THE CHAIRMAN: I don't mean to point at you. but you are Mr. Frick. MR, FRICK: It would be making the rooms small, the bedrooms smaller, THE CHAIRMAN: I know this, you know. I have looked over the plan and understand what you are doing. There is no question of that. With reference to my fellow Board members again --I don't mean to put you on the spot~ MEMBER WILTON: The addition that you are building, what is going to occupy that space? Is that going to become a living area or bedroom or-- MR. FRICK: All livin9 area. yes. MEMBER WILTON: And garage. MR. FRICK: Are you talking about above the garage7 MEMBER WILTON: The garage and the proposed addition. MR. FRICK: It is all living area. We added a third bedroom. We added two more bedrooms is what we did. MEMBER WILTON: So you now. in essence have no garage? MR. FRICK: There is a --it is less than one-car garage in there now. It is tough to get in because the utility room is also in that garage. Southold Town Board of Appeals 26 March 2. 1994 Regular Meeting MEMBER WILTON: So you are converting that to-- MR. FRICK: A two-car. MEMBER VILLA: I am confused. He says the house-is built for two people, You talking about two people or two bedrooms? MR. FRICK: Well. there is two bedrooms because the house-was built, there was only two people that lived in the house originally. They built it the way they wanted it. MEMBER VILLA: But there is two bedrooms existing? MR. FRICK: Yes. MEMBER VILLA: So you can get at least four people in there. And you want to add two more bedrooms and a bath upstairs? MR. FRICK: Yes. MEMBER VILLA: And a garage. THE CLERK: The square footage of the house now is about eight hundred square feet? MR. FRICK: No, it is about 1250, 1260. THE CLERK: Living area only? MR. FRICK: Yes. MEMBER VILLA: Existing. MR. FRICK: Yes. THE CHAIRMAN: Jim? MEMBER DINIZIO: My only concern would be that you wouldn't be able to maintain that side of the house .without encroaching on someone else's property. Say they put a fence up. you know. or you put your ladder up on their lawn. you Southold Town Board of Appeals 27 March 2. 1994 Regular Meeting should be able to maintain your property within your own. its own bounds. And I was certainly concerned when you are coming within five. six feet of a house. especially a two-story building. MR. FRICK: The gable~room is front-to-rear, so the gutters will be cleaned out from the front to the rear. and the siding is going to be vinyl. There is really very little maintenance on it. as far as painting and trim. MEMBER DINIZIO: You can't rule out that you are ever going to put something on that side of the house. In all honesty, if you ever want to maintain it, whatever, if there is problems it is of no concern to me. The only concern to me is that if you are intent on fixing that. you must be able to do it on your Own property. And I can't see you building --well. you probably could build scaffold. but even that is four or five feet. you know. And maybe in the process you are stepping on their property. I mean. I don't want to create a variance for you to have an excuse to use somebody else's land to maintain that. That would be my concern, and I think that would be Jerry's concern that he was trying to explain to you. In granting alternate relief, in my mind if I think that. you know. maybe the garage could in some way be used as livable space and cutting it down. I am going to say that. in my way of thinking, as opposed to encroaching on someone else's rights as a property owner. You know. to put up a fence or whatever they wanted to do. Jerry is trying to explain to you. I am going to explain to you the way. and the way these things work is we get together; and if two of us can agree on one thing, it might come to a vote or it may not. You may be denied right out. So if you are not -- THE CLERK: Flexible. Southold Town Board of Appeals 78 March 2, 1994 Regular Meeting MEMBER DINIZIO: --then I am not going to fight for it. If you are not going to accept maybe something a little less. MR. FRICK: In other words, if we can take maybe a foot off? THE CLERK: Could be two feet, could be three feet. When you applied, I told you that five feet was very close, and you probabty wouldn't get it. So-- MEMBER DINIZIO: So if you just want us to deny, if you want a yes-or-no answer, or if you want for us to put in the work and effort to come up with some alternative relief, we are offering that to you. And you know you can either take it, or you can say "No thank you." THE CLERK: And re-apply all over again, with nothing, if you know what I mean. MEMBER DINIZIO: You know, "No thank you, deny it and we will come back with something else." THE CLERK: It's a separate process all over again, separate filing fees. We're trying to save you that trouble. MEMBER DINIZIO: I mean if we grant you alternate relief, that doesn't say you have to do what we ask you to do. It was-just that would be our idea of what we feel the Town would be willing to give up according, to side yards. MR. FRICK: If you take three feet off those rooms, I mean, it doesn't even, as far as I am concerned, it has cost an awful lot of money to do this-- THE CHAIRMAN: Right. MR. FRICK: And to take 3 feet off those rooms-doesn't pay for me to do that; it just wouldn't be worth it. Southold Town Board of Appeals 29 March 2. 1994 Regular Meeting THE CHAIRMAN: We have a figure in mind. based upon size of lot. type of area, and so on and so forth, that we deal with in the Town. And you know. I'd like to go with that figure. We will kick it around and see what, we come up with; but we will try and do the best we can for you. That's all we can do. I use this phrase: It would be unkind of me not to have you come in and explain this to you; and that was the reason why we asked you, okay. because there is a substantial amount of money in filing and so on and so forth, as you are aware. And that is the reason we asked you. MR. FRICK: What about the neighbor wasn't going to complain because I talked to him; I talked to everybody. I told them exactly what I was going to do. They didn't have (Noise.of machine ending recording tape drowns out balance of sentence). THE CHAIRMAN: Well. that certainly adds to the case. It adds tremendous credence to the situation because the neighbor is not objecting, There is no question about it. Mr. Frick. You are absolutely correct. So it only goes back to. you know. the persons we deal with on percentage basis and lot coverage, and so on and so forth. We know exactly what our parameters are in certain areas, based upon size of these lots. Excuse me. Is there anybody who would like to speak in favor of or against this application? (There was no response,) THE CHAIRMAN: Seeing no hands. I make a motion closing the hearing and reserving decision until later. (Motion seconded and carried. See Clerk's Minutes. ) THE CHAIRMAN: Thank you. Southold Town Board of Appeals 30 March 2, 1994 Regular Meeting 8:13 p.m. Carryover from February 2, 1994 - Continued Hearing of Appl. No. 4161 - BARBARA KUJAWSKI. Accessory Apartment use at 125 (Town House No.) Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. (Letter received March 1, 1994 signed by John and Raymond Kujawski requesting the Board grant the application. ) The Chairman read the Legal Notice of Hearing for the record, and application. THE CHAIRMAN: We will ask Ms. Kujawski if she has anything to add. We have receiYed a letter, and we thank you. Is there anything you would like to deal with on the Kujawski application? MEMBER VILLA: The problem was, the part-owner was objecting. THE CLERK: He gave a letter now. He is askin9 us to approve it. THE CHAIRMAN: MEMBER VILLA: THE CHAIRMAN: MEMBER VILLA: Well. okay. THE CLERK: We just got it yesterday, Who wants to make the motion? I will make the motion. I will second the motion, {See Clerk's Minutes for Board's vote.) THE CHAIRMAN: MS. KUJAWSKI: All in favor? It is done. Have a lovely evening, and safe trip home. Thank you. (End of public hearings of 3/2/94 typed verbatim from taped hearings. ) jdr RECEIVED AND FILED BY T fie SOUTH©LD TOV~'N CL~DI~ DATE !//,{/~ HOUR ~on~ Town Cle~_, Town c:~ -~m:~o~ *