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Home My WebLink AboutZBA-04/06/1994 HEARINGPUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTIIOLD April 6, 1994 Present (7:30 p. m. Hearings Commenced) ItON. GERARD P. GOEHRINGER, Chairtnan SERGE DOYEN, Member JAMES DINIZIO, JR., Me~nber ROBERT A. VILLA, Member RICIIARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board APPLN.# T N D E X APPLICANT PAGES 4221 4218 4220 4222 4227 4223 4226 4224 4225 4228 4229 ARTHUR JOHN E. JOHN E. BURNS.~.~ ...................... 3-4 STRIPP AND JUDITH D. STRIPP.. 4-7 STRIPP AND JUDITH D. STRIPP.. 7-19 CINDY BENEDETTO ...................... 19-23 WILLIAM GASSER ....................... 23-34 DONALD 8REHR ......................... 34-40 THOMAS AND JOAN KELLY ................ 40-44 THOMAS AND RODY GLUCKMAN ............ 44-57 RICHARD AND DOLORES PRINCIPI ......... 57-68 VICTOR AND GAIL RERISI ............... 68-80 FRANK R. ZALESKI ..................... 80-84 Page 3 Regular Meeting of April 6, 199,t Southold Town Board of Appeals 1. PUBLIC IIEARINGS: 7:32 P.M. Appl. No. 4221. ARTHUR BURNS. This is a request for a variance based upon the March 1, 1994 Notice of Disapproval from the Building Inspector concerning a building permit application for fencing around the existing tennis-court, which height exceeds the requirements when located in a front yard; ref. Article XXIII, Section 100-231 of the Zoning Code. Location of Property: 3525 Private Road #13, Mattituck, NY; County Tax Map Parcel No. 1000-105-1-4. Zone District: R-80 Residential. 7:32 P.M. (CIIAIRMAN opened tile hearing and read the Legal Notice and application for the record.) THE Chairman: Also property putting the house and the underground pool and temfis court frout on Long Island sound and the post tennis court is in the rear of the swimming pool actually it is in the front yard of the property. I have a copy of the Suffolk County Tax Map indicating the surrounding propurties in the area and a sketch of a survey dated a most recent updated December 6, 1985. Is there someone who would like to be heard concerning this application? Anybody here for Burns? Oh! How are you? Could I ask you to use the mike and to state your name please? BERNADETTE BURNS. TIlE CIfA1RMAN: ltow are you tonight? MRS. BURNS: I'm fine thank you. THE CIIAIRMAN: Is there aaything you would like to add to it? Page 4 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MRS. BURNS: Just that it is a builder's error when we first apply for the tennis-court we assumed that it everything was altogether obviously. THE CHAIRMAN: I have to admit to you I was up there when and it was still snow on tile ground at the time. Is there any lighting for this tennis-court at all? MRS. BURNS: No. THE CHAIRMAN: Lets just see if anybody oil the board have any other questions for Mrs. Burns? THE BOARD: No. Do you intend to fill the center section of this fence or is that the way its going to be? MRS. BURNS: Right. Yes, just tile way it is. THE CIIAIRMAN: Does aaybody have any objection to this application? THE BOARD: No.- Yon want to make a motion. THE CHAIRMAN: Okay, make it. THE BOARD: Make a motion that it be a approved as built. THE CHAIRMAN:. As applied for. THE BOARD: As applied for. THE CItAIRMAN: Okay, second ill favor. (See Clerk's miuutes for resolution.) 7:35 P.M. THE CHAIRMAN: Okay, next i~ppca! is 4218 on behalf of JOHN E. STRiPP and JUDITtl D. STRIPP. A continuation from tile March 2, 1994 meeting. Mr. llam youTre oil. tlow are you tonight? Page 5 Regular Meeting of April 6, 1994 Southold Town Beard of Appeals MR. HAM: Fine, Thanks. Stephen Ham, Matthews & Ham, 45 Hampton Road, Southampton. To save time I have prepared a memorandum which sets forth the basic arguments that I make in favor of this application. Mr. Stripp is here tonight and you'll probably have plenty of questions for him. I just would like to highlight, though, some of the legal concerns here and that the main one being the fact that this is a classic practical difficulty in that we have to maintain for the DEC purposes a 75 foot setback from the wet]and which is on the northeasterly border of this property. In order to do so the house has to be located where it currently is or it could conceivably be located along the other private road- but the various agencies Health Department and the DEC that have already given approval have wanted it to be as far back from Barlow Pond as possible.. Now, other issues, as you know, you've received correspondence from Fishers Island Conservancy as well as FIDCO on this. We will point out that the concern of FIDCO is perhaps not as serious as it might be in that the setback of 20 feet is from the property line, whereas the road itself which is as I have pointed out in the ~nemoraudum a little used road, actually 35 feet which would address the FIDCO concerns. In addition, FIDCO - well Mr. Stripp has proposed landscaping features including a hedge which is on the survey and FIDCO, o£ course, will have to approve any plans that he submits and as you know £rom the Brim episode and others, they will require some natural screening which he is willing to perform. Insofar as the Conserv~ncy's objections from an archeological standpoint, this has been looked at by the DEC and as an exhibit to Page 6 Regular Meeting of April 6, 1994 Southold Town Board of Appeals my memoraudum, I have the notice of complete application which states that the New York State Preservation Historic Act has been complied with, and no further review is necessary. However, the Stripps do want to be good neighbors and are willing to allow either the museum or the Fergurson Museum or the Conservancy if it wishes to hire an archeologist to examine tile site; he will not build if he is granted the variances lie will not build before next Fall although he does need to proceed fairly quickly because some of his permits will expire. So they are willing to do that - have an archeologist come in and do a study to test holes and if necessary remove any artifacts. THE CHAIRMAN: The line that refers to limits of clearing. Can we construe that to be the DEC, the line that the DEC has established? MR. HAM: Yes, I.believe so. MR. STRiPP: Yes. That was in agreement with them, yes. THE CHAIRMAN: Yeah, right, OK, thank you, I just want to clear that up. Go ahead, I apologize. MR. HAM: That's on tile Barlow Pond side. CHAIRMAN: Right. MR. HAM: So my poiut is basically, that I addressed in the memoraudum, are the various ones which are the standards for an area variance uudcr Towa Law Section 267. I address each one of them, tile principal ouc being what alternative do we have in this situation. We would ~ike to eon form but given the size, configuration of the lot, the wetlands at the northeasterly border -- Page 7 Regular Meeting of April 6, 1994 Southold Town Board of Appeals it's iml)ossible to conform and that's why we're before your board and we maintain that the character of the neighborhood is not affected by this because we will do what we call to screen the house from the road as I point out the road is a very little used road, there are only two or three properties to the north. In fact FIDCO has talked about it, I know, about closing that road off just passed the property that was recently acquired from John Swing by the Torres. THE CHAIRMAN: OK. MR. HAM: And Mr. Stripp is here if you have any questions. MR. CHAIRMAN: I lmve, you know, there will probably be discussions. I'm just re£erring to tile board members-- concerning the pool. I haven't opened that portion of the hearing up so if you would like me to deal with that first and before we get into the questioning unless you lmve ally specific questions any of you want concerning tile proposed position of the house and the variances that are required there. We call run both of these concurrently if you want. MR. HAM. I would prefer that you do so because they may be overlapping. MR. CftAIRMAN. OK. Tile third appeal of the evening (as follows: ). 7:40 p.m. Appeal No. 4220 JOIIN E. STRIPP and JUDITH D. STRIPP. (Tile Chairman read tile legal notice of hearing for tile record.) This is a request for a variance based upon the building inspector's February 2,1,~ 1994 disapproval concerning a Building Permit Application for a swimming pool with enclosure in the front Page 8 Regular Meeting of April 6, 1994 Southold Town Board of Appeals yard location references Article III, Section 100-32 of the Zoning Code. Location of the property again as Private Road off East End Road, Fishers Island, County Tax Map Parcel 1000-7-2-9, which is in effect the same piece of property. And this is of course for the position of tile swimming pool. Is there anything you wanted to address ou that? MR. }tAM: Specifically on pool, I think a swimmiug pool is a customary accessory structure alld there are many. You can take notic~ of the fact that there are ~nany pools ou the east end of the island and its not att undue development of tile property and has been approved by the various agencies with jurisdiction over environmental matters, namely tile Health Departlnent and the State Department of Environmental Conservation. In fact, the Health Department required a backwash drywell that is more than 200 feet frown tile service reservoir of Barlow Pond. I understand the last time I looked into this that Barlow Pond itl fact is no longer the primary source of drinking water. In fact it is not even a secondary source of drinking water oil the Island but a tertiary source and maybe Mr. Doyen may have some further developmeuts on that. MEMBER DOYEN: Well I sappose it will more or less be a backup in the event that some emergency shoald the current water inadeqaate. MR. tlAM: Rigbl. MR. CI1AIRMAN: or Mr. tlam. supply be It's a backup to a backup at present. Qm~stions from board members of either Mr. Stripp Page 9 Regular Meeting o£ April 6, 1994 Southold Town Board of Appeals MEMBER VILLA: Yes, I'm just curious. When did the applicant purchase this property? MR. }tAM: 1978. MR. STRIPP: 1979. Wu closed in 79. MR. CHAIRMAN: Any other questions? Bob? Positioning of that house as opposed to where the pool is and vice-a-versa or. do you want to get into that? MEMBER VILLA: Well, that's explained in the narrative of Mr. Ham's view as given in here, you know, in looking at it would seem that tile logical thiug to do would be pool is but your main argument away frmn Barlow Pond. put the house where the swimming on that is you're trying to keep it MR. tlAM: Tlmt wits certainly addressed by tile tlealth Department - I did not represent Mr. Stripp before the tIealth Department, but I know he was in there for a long time. One of my exhibits is a newspaper article from Fishers Island Gazette from 1990 which quotes Mr. Stripp about bis various trials and tribulations in trying to get approvals at the time, I believe, the county was about to undertake or had commenced to undertake a study of the Barlow Pond area. MEMBER DOYEN: What was the reasoning of tile Health Department for wanting to place the pool? MR. HAM: They want everything as far back from Barlow Pond as possible and that's why it's squeezed into the area where it is. MEMBER DOYEN: I can't understand that, but if that's their pronouncement I SUl)pose~ -- tiffs coald be runoff (remainder of statement not aadible due to allotber conversation between Page 10 Regular Meeting of April 6, 1994 Southold Town Board of Appeals Mr. tlatn and the Chairmau). MR. CHAIRMAN: What's the approximate width of the road that this is primarily on? MR. IIAM: The roads are uormally -- the right-of-way--20 feet the right-of-way. (Separate conversations were stated at the same time.) MR. STRIPP (to Member Doyen): Yes, they had some concern about the septic tank und they wanted that up as far north as possible. MR. DOYEN: If you're dowa here you can place your septic there. MR. HAM: Well they have a rule I believe that is a 200 foot requirement from a surface reservoir and, of course, Fishers Island is the only place in Suffolk County that has surface reservoirs. MEMBER DOYEN: No, well what Ihn getting at is, so that you can put your septic system back further. It doesn't have to be where the house is. Or on this side of the house. It can be on the other side because it is probably -- and where is the septic tank proposed? MR. HAM: It's about as far away from the wetlands in Barlow Pond as you can get. MEMBER DOYEN: But any way that's the question. They have jurisdiction in that matter. MR. STRIPP: This was about the fourth plan as we went through it of different options over a period of 12 weeks (interruption). MEiVlBER DOYEN. Actually then what your really concerned about more than anything t~lst~ is thc draitmge back into that low area really as a practical matter, not Barlow Pond, from what I can aseeptaia. Do you km~w what I recall? Mr. HAM: Well could l)lacc a berm here as well if they needed to. Page 11 Regular Meeting of Ap~'il 6, 1994 Southold Town Board of Appeals MEMBER DOYEN: If that drains here, you could drain back into that low area so what's draining in there? MR. HAM: Isn't there a berm on there. CHAIRMAN: Yes, I see it. MEMBER DOYEN: Well, I'm not an expert on that matter either but looking at it as a pl'actical matter would you say that the drainage whatever drainnge there is that could do any harm-~ Because of the ditch that along this ditch road might go back into that low area that is down below your lot. MR. STRIPP: One of the rcusons for the berm along the side. MR. DOYEN. Yes, but actually tile water that drained off here, I'd have to take another look at it again -- you know, there is a ditch along that southern road. MR. STRIPP: Yes. Along that southern line. MR. DOYEN. OK, is the pitch on that such that you could possibly drain into that road? MR. STRIPP: It wonld drain back into the driveway. MR. DOYEN: Back down that road again. MR. STRIPP: Yeah, if you look at the elevations. MR. DOYEN. Yes, I wasn't sure, here they show tile ditches ending there, but I, it doesn't appear to end that quickly if you're looking at it walking along the road. MR. STRIPP: It goes in 1o the next property and then drops down at that point, the ditch does. MR. CIIA1RMAN. OK, ar5 you going to give us anything from the DEC, some negative declaration or something that you had? Page 12 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MR. }lAM: It wasn't in - I didn't get it yet. As an exhibit to my memoraudum, I have tile Notice of Complete Application which indicates that one is on file. BOARD CLERK: Yeah, but that's not what we ueed though, we need the Declaration. MR. HAM: Yes, I understand. As it turns out I found out today from Mr. Stripp that the llealth Department was in fact the lead agency on this which is somewhat unusual, and I will undertake to provide that to you. MR. CtlAiRMAN: Now let me just understand this and recap what we're doing here. You are asking for a decision as expeditiously as possible, tie is not going to build until the Fall until a determination is made eoncerniug the areheologieal dig that is on this --purportedly maybe ou this site? MR. HAM: No, not a determination in the legal sense of tile determination. Ile will allow others to come on to the property to do a study either during the summer before he does anything. In fact John Pfeiffer, who you may have heard of is an archeologist whose done some work on the Island was at the site in tile mid eighties. I spoke to him over tile phone he dug a bout four test hotes he calls this site what they call a "niddin" which is what we use to call a "dump" and that is uow called a landfill. What the native Americans where they threw thoro cltan shells, I guess. MEMBER DOYEN: Did yoa speak to Charles? Charlie Fergurson? MR. ttAM: I tried to, I lm~l a number tlmt I tried to call and I never got all answeP, I don't-- Page 13 Regular Meetiug of April 6, 1994 Southold Town Board of Al)peals MR. DOYEN: MR. HAM: MR. DOYEN: Do yotl have his number? I from directory assistance obtained something. I have his number and his address here, because it MR. tIAM: MR. DOYEN: MR. HAM: MR. DOYEN: there. MR. HAM: was his father that did the original-- }tis father, or his daughter? llis father. I heard his daughter did. It's his father who originally did do the excavating In any event the answer to Mr. Goehringer's question what we envisioll is llot some formal stage olle cultural resources survey under SEQRA but the opportunity for interested parties to go to the site either during the Summer before constructiou commences or Mr. Stripp has told me, at the time of excavation they would do a --not a severe excavation but a light one -- because most of the artifacts would be presumably within the first 12 inches of soil and he's willing to have sonleone crone ill there and study it, remove what needs to be removt2d altd that's our' position on that. MR. CIIAIRMAN: OK. Now, where do we lie with the Trustees concerning this piece of property? MR. }tAM: I had a message this morning that they are askiug for a full permit. They had giving, you did not receive anything from them today? MR. CIIAiRMAN: Not officially. BOARD CLERK: No, onl'y verbal. MR. CHAIRMAN: Only verbal. Page 14 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MR. HAM: That's all I have seen so far. That, and I questioned their authority on this by the way, they did give a non jurisdiction letter in 1990 and to me looking at the map which shows that it is more than 75 feet from the wetlands, it's out of their jurisdiction so obviously any variance you grant would be possibly be conditioned upon either obtaining a non-jurisdiction or going through whatever permit process we would need to go through. It seems that the Stripps have been through quite a bit with two major governmental agencies on this to this point but having no formal word as to what the Trustees are requiring I really can't address that, bnt only to say that if they are asserting jurisdiction, I believe they're doing so improperly. I think they have the right to be there if they're concerned about some inw, sion of their territory, but to ask us to go through the full permit process unless I see some better argument, we don't agree with that. MR. CHAIRMAN: The reason why I ask that question is because if that is the case, then possibly should just hold this over until our next meeting and thou close it at time, you know. Yes, Mr. Stripp. MR. STRIPP: Back in 1990 when we were trying to determine who was going to be the h~ad agency there were three possibilities one was DEC and the other was Suffolk County Ilealth District and tile other was the Trustees. At that time that was when the Trustees had said that we have no jurisdiction over this so therefore we don't want to be inv(Jlved ia this decision any further and had in fact given us written correspon~Icnce to that effect. Page 15 Regular Meeting of Ap~'il 6, 1994 Southold Town Board of Appeals MR. }tAM: For purposes of boldiug it over, would what they say affect your decision on the variance alone? MR. CHAIRMAN: Well, not necessarily, but if there were any minor changes I would hate like heck to have. to open it up again and that'swhere my concern is because I know, by the way we do appreciate your coming tonight ON, because I nnderstood that you were possibly consider'lng a recess at this point. MR. tlAM: Well I did because I didn't as of yesterday Mr. Stripp thought lie might not be able to make it and I thought that I might not be able with Mr. Stripp having goiie through on his own the other approvals that I might not be able to answer all of your questions, but I - MR. CIIAIRMAN: Is there anything you would like to state for the record, Mr. Stripp, other than you know the ordeal that you've gone through for tile last font years? MR. STRiPP: No, Mr. Chairman, other than to say that we'll try to be as cooperative as possible and make all tile adjustments necessary to try to damage the ecology not at all and to make sure that there is not health considerations and that it's been a long process and we've been very patient and we try to work with the agencies as they asked us to, and I think we've gotten through everything but this, which un['ot'tunately this is sequential l)rocess and now we're down to the end so it weald be much nicer if we could all get in a room and work togelher -- it doesn't work that way. Page 16 Regular Meeting of April 6, 199,1 Soutbold Town Board of Appeals MEMBER DOYEN: lIave you taken up with the building committee that you have to satisfy that the 20 feet is not 20 feet but 35 feet in reality? MR. STRiPP. I had a conversation with Tom Doherty today in fact, and he said that at the time they made the detemnination to send a letter. They weren't aware of the difference between the right-of-way for the road and tile traveled way which is about 20 feet. MEMBER DOYEN: Probably that's a 50 foot right-of-way because someone has a surveyor's stakes across the road that indicates what I think is the property line of tile Harrisses across tile way which would from what you tell me indicate that perhaps that is a 50 foot right -of- way. MR. STRIPP. It could be. MR. }lAM: It's possible, t mtmtioned 40 because I'm familiar, most of them are ,10 feet on the FIDCO Map. MEMBER DOYEN: Forty, or 50 ft. because it's obviously there not using all tile right-of-ways. MR. HAM. That's all. I'll reserve that. (Two conversation5 at this time, both inaudible but picked up as follows: ) MR. STR1PP: ... doing say landscaping that they felt was appropriate because we still do have to get back to tbe architectural approval and certainly F1DCO. MI{. CflAIRMAN: Mr. house? I want to cooperate in anyway possible with S~ripp, what is tile approximate size of tile Footage wise that you're proposing. Page 17 Regular Meeting of April 6, 199,t Southold Town Board of Al)peals MR. STRIPP. It's about -including the garage about 26,000 square feet. No, 2600 -- I'm sorry. That's including the garage. MR. CIIAIRMAN. And what is the approximate size of the swimming pool that you p~'opose? MR. STRIPP. I think I lmve to scale it again. It was 32 or 34. MI{. CHAIRMAN. 32 or 34 by 40? MR. STRiPP. No, no, that's the. longest part. The other part I would say is probably about 20, maybe less than that. MR. CIIAIRMAN. OK MR. STI{IPP. It'~ nam'~w, it's an oval as you can see. It's narrow and long. The longest part is no longer than 34. BOARD CLERK. Woald he know how long the house is, the dimensions of the house? MR. STRIPP: Some part is 40 -- MR. DOYEN: Well it's easy enough there's a scale on here. Do you ]lave a scale. MR. STRIPP: Yes, its approximately 70 feet including tile garage. BOARD CLERK: Thank you. MR. IlAM: If the Trustees-- would you're point being to hold it open would bc if tht, Trustoes say we want you eveu farther back from the wetland because we know you have only five feet in area and you're bound to distm'b tm'ritory ill our jm'isdiction that we may be asking you for even a greater variance is that. MR. CIIAIRMAN. Well, there may be some movement on the swinmfing pool, too, there wh~rc y~tt call inove the house down a little bit closer withont dism~pting tho cesspool system and thereby requiring Page 18 Regular Meeting of April 6, 1994 Southeld Town Board of Al)peals you to go back to the Ilcalth Departmeut because as you know the plaeemeut for the house really has nothing to do with the Health Department. It's where the cesspool and the sanitary system and where the well is going to go. MR. HAM. I expect to be back here next application and anyway. I don't think you'll further questions for Mr. Stripp, would you? MR. CIIAIRMAN. No. Can I just ask - Mr. Stpipp probably is not coming back? Do you have any specific questions for Mr. Stripp while he is here. It was very uice of him to come. MEMBER VILLA: No, it's pretty clear. MR. CHAIRMAN: Do you have any objection, Lauvy (Dowd) hold this over until thc next month? TOWN ATTORNEY DOWi). No, I thiuk it would help additional info. MR. CftA1RMAN. OK, good. Ah'igbt, so both resolution-- actually I'll month on another need to have any if we us get some make regular scheduk, d hcaring. BOARD CLERK: MR. CtlAIRMAN: MEMBER WILTON: Second. MR. CHAIRMAN: All in MR. [lAM: Off the record, Declaration from me aSStlllle~ by the Trustees. BOARD CLEI{K: tile motion on 4218 and .1220 to reserve decisiou until the next Jerry, are you recessing the hearing?. We're recessing it, yes. you're looking for the Negative uothing else. We'll both be notified, I Are you asking for anything on the archeological? Page 19 Regular Meeting of April 6, 1994 Southold Town Board of Al)peals MR. CIIAiRMAN: If attytbing lmppeus that you find, tlmt somebody lms been dowu there, let us kuow. They're certainly aware of it. I'm sure Johu Thatcher will let us know if anything goes on anyway. Bye. llave a safe trip. MEMBERS: All Ayes. 8:00 P.M. MR. CHAIRMAN: Application No. 4222 on behalf of CINDY BENE- DETTO. Legal notice reads as follows: for an application the applicant is a request for a variance based upon the Building Inspector's March 4, 199,t Notice of Disapproval concemHng a building permit application for an addition at the rear of the existing dwelliug which is to be located at 75 feet of the or from the bulkhead along . Dawa Lagoou; refereuce Article XXiII. Section 100-239.4B of the Zoning Code. Locatiou of Property is Lot No. 61 at Cleaves Point, Section iii, better known as 910 Maple Lane, Greenport, Couuty Tax Map 1000-35-5-26. The subject premises is substandard and is located in I{-40 Zoue District. Copy of the survey Roderiek Vau Tuyl. P.C. dated May 7, 1992, indicating the approximate plac. cmmd of the proposed additiou and a copy of the Suffolk County Tax Map iudicating this and surrounding properties in the area. The present time the deck is approximately 48 feet. The proposed addition is to traduce it down to 39 feet and I bare a copy of the Suffolk County Tax Map. Is there somebody who would like to be beard? Oil! Mrs. BetrayS'i, bow are you? Page 20 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MRS. BERTANI: I would just like to add that since we made the application we did get a wiver from the Trustees. MR. CHAIRMAN: OK. Does anybody here have any questions of Mrs. Bertani concerning this application? MEMBER VILLA: Yes. The cross-hatch section is the addition, and then they're going to have a deck beyond that?. MRS. BERTANi: It's going to be a concrete patio. MEMBER VILLA: Concrete patio? At grade? MRS. BERTANI: Yes. MEMBER VILLA: Bat it says proposed terrace and stairs. MRS. BERTANI: Well, paiio terrace. It comes around to a set of stairs that goes down to the basement. It's an outside set of stairs. MEMBER VILLA: The set of stairs going downstairs, ail right? So there's no stairs ~ff the terrace, per se on going out? MRS. BERTANI: No. The terrace is actually grade and then we go down the stairs into the basement. MEMBER VILLA: Actually those stairs are behind it closer to the house. MRS. BERTANI: Yes. MR. CHAIRMAN: This will remain unroofed. This will have no roof over it at all? MRS. BERTANI: (Nodded iu agreement). MR. CIIAIRMA: Just strictly an open patio. Anybody else .... MEMBER VILLA: I don't have any objections. No, not as long as the patio is going to be conc~cte at grade we don't have any jurisdiction over that, right? Page 21 Regular Meetiug of April 6, 199,1 Southold Town Board of Appeals BOARD CLERK: Right. MEMBER VILLA: Its grade. BOARD CLERK: That's right. MEMBER VILLA: So then we're really only looking at the addition. BOAR1) CLER: And the steps. MEMBER VILLA: Well the steps are there already. The steps are already there going to tile basement. BOARD CLERK: OK, I'm thinking of Brelnn, the other one that we have. MEMBER VILLA: I jest want to be sure that you know nothing is built above grade and adds to it because everything slopes down towards the bulklmad and the canal at that point. MR. CHAIRMAN: I'm a little confused. Wily is it before us then? BOARD CLERK: Because it is an addition 16 x 22. MEMBER VILLA: Because you have an addition being built wBere the deck is now? MR. CIIAIRMAN: Right. MEMBER VILLA: And tlmt's only 48 feet from the bulkhead? BOARD CLERK: This part is not there right now Jerry. MR. CIIAIRMAN: I undt~Pstand. BOARD CLERK: OK MR. CI1AIRMAN: Yeah, I under'stand. OK, so tile elongation of the existing deck is tile uetoal addition and then the area in front of that is the cement platl'm'm ia at gpade and that's the issue that I'm referring to as not being ~:ithia our jurisdiction. MEMBER VILLA: Right. Page 22 Regalap Meeting of April 6, 199,1 Soutbold Town Board of Apl;eals MR. CtlAIRMAN: Basically because its that grade although quite honestly it eonld be 4 inches above tlm ground to make it even when you go ont some. So the portion when I said to you is that we're referring oaly to that cement patio area in front of the addition? OK. BOARD CLERK: Do you want the deck roofed oF not? Your confusing me now. MR. CtIAIRMAN: l ts encompassing the deck so the deck is gone because that's going to be addition. MR. CItAIRMAN: I, I ask you agaia does anybody have any objection to this. MEMBER : Not me. MR. CIIAIRMAN: Bob MEMBER VILLA: Actually, actually what we're looking the addition is there already. Right? MR. CI1AIRMAN: Well, tile additiou is not there. What there doing is there taking tile duck and there making you know an addition out of it. Okay? So in front of that is the cement patio that she is referring to. BOARD CLERK: llm'e, just from this part over. MR. CIIAIRMAN: Right. BOARD CLERK: Yeah, but lbe addition is enlarged bigger than what the deck is. MR. CIIAIRMAN:. Right, Yes. MEMBER VILLA: Tills is the house that's on the north, there two of them together. MR. CIIAIRMAN: Right, right. Page 23 Regular Meeting of Ap~'il 6, 1994 Southold Town Board of Appeals 7:50 MEMBER VILLA: I'm getting myself confused. This just an existing deck there now. BOARD CLERK: There's three of them down there really. MEMBER VILLA: Right, so then this one doesn't have a plan or anything else, they just have the addition and then its a concrete MR. CtlAIRMAN: Patio. MEMBER VILLA: Paiio Mi{. CIIAIRMAN: Right. MEMBER VILLA: OK, no I don't have any objection to that. MR. CtIAiRMAN: Does anyoue want to offer a resolution? 1'11 offer the resolution. G~'antcd as applicd. MEMBER VILLA: Second. MR. CHAIRMAN: All iix favor. MEMBERS: Aye. MR. CHAIRMAN: ltave a lovely eveniug. MR. CItAIRMAN: OI,~, tile next appeal is on behalf of WILLIAM p.~i,ASSER. It is appeal number 4227. OK, the legal notice reads as follows: Upoll applicatim~ tile applicaut 4227 is a request for a variance based upon the Bttilding Iuspector's February 4, 1994 Notice of Disapproval conccrni~g a building permit application for two identifieation signs, as they exist aud to my knowledge the size of tile signs are within confomnity it is the actual placement of those signs where they exisl which is before tls and I have a copy of the Suffolk County 'Fax 'Map concerning this and tile snrrounding properties ill tile al'ca. MrY Gasse~ would you like to be heard? MR. GASSER: Page 24 Regulap Meeting of Aln'il 6, 199,1 Soutbold Town Boa['d of Appeals MR. CIIAIRMAN: OK, Thank you. ltow are you today Mrs. Gasser? MRS. GASSER: Good ewming. I'm Karen Gasser speaking on belmlf of the Directors of the American Armored Foundation and William Gasser the property owner. The application is before you this evening shows tile mtlseUill bas presmxtly two signs, one on Love Lane and one on North Road. These sigas a~'e 6 feet by 3-1/2 feet subdued in color and the mascara feels these 'SigllS are in harmony with tim surround- ing a~'ca. As stated on ouP appticatiml present pl~ope~'ty lines do not allow the mascara to colxfornl to the required sign code setbacks. Therefm'e, we arc making application to this board for variances so that thc signs in qacstion can be brought into compliance with town code. I have some p[ctal'es that I would like to submit to the board. MR. CIIAIRMAN: Surely. Thank you veiny much. MRS. GASSER: .These signs show the other 16 signs that are presently, these photographs show the other 16 signs that are presently ou Love Lane. As you can see all but two of the Love Lane signs are appz'oximatcly the stone square footage and coloring as the museum signs. Except for one sign all tim Love Lane signs including the lilUsetlm sign run pamdlcl to the street. All tim signs have a 9 to 10 foot setback from the street not property line and all but one does not meet thc side p~operty except that. Of the 17 signs that are presently on Love Lalle thel'C is uo sigll tlmt Call COll[Orlll to the sign code. Even though we do lief cotlFoFm to tllis code tim museum ~eels tllat the sigu cenfomns the suProulldiug clmt~actep of the street in size, color and placcmtmtY Thc signs do not obstmmt vision of the pedcstrialm oP driver's cad the sigus enbauce the mascara's f~out Page 25 Regular Mec~ting ,,f' Ap~'il 6, 1994 Southold Town Board of Appeals entrance, all of which I'm sure you will agree are importaut factors to consider along with thc code in this or any application. As not only members of this board or business men as well you gentlemen know the importance of signs to any business. These signs are ultimate extremely important to this non profit organization in helping us to inform not only the local people but also tim tens of thousands of tourists that visit the museum in the North Fork every year. We ask that this board graut the museum this variance so that we can maintain these valaable signs and at the same time be in compliance with towu code. If you will have an y questions I would be lmppy to auswer thrum. MR. CIIAII{MAN: I live in Mattituck so i'm perfectly welt aware of the signs and I'm aware of the lllU~UIll, I've been there several times, false alarms with the Fire Department. I don't have any particular objections to the signs, I don't think that there offensive as you mentiom~d. That's jast my opiniou. I'll open it up for any discussion anybody may have. I ap(~logize Rich tlmt I have not been calling when you have b~xm asking. MEMBER WILTON: I have no problem with the sigus. MR. CHAIRMAN: Bob, Jim? MEMBER WILTON: Docs this include the saudwieb sign too or just the signs on the fence, right? MRS. GASSER: Just thc~ sign ou the fence. MEMBER WILTON: OK. I have uo other questions. MEMBER VILLA: Ilow arc-all the other --- when your on 48. You have otht~r sigas hanging on the fence? Page 26 Regular Meeting of Apt'il 6, 199,t Soutbold Town Board of Appeals MRS. GASSER: Tb~y also are going to be removed. MEMBER VILLA: Thc~y are goi~g to be removed. OK, because to me they didn't look too good. MRS. GASSER: No. MEMBER VILLA: Now, tlmre is also a question I think the sign ordinance allows oae sign per property right? MR. CHAIRMAN: 1 think it allows two. BOARD CLERK: I have a cepy of it in the file regulation. Yeah, you want me to put it? dust leave it there. This is the regulation Bob talking about signs and mu'al two streets, so tlmt there a~e normally bound to have IllOre than one sign. MR. CHAIRMAN and otlmr voices discussing the matter. MR. CHAIRMAN: OK, any othe~ questions of Mrs. Gasser? MEMBER VILLA: No, I don't have any questions. MR. CHAIRMAN: Anybody else like to speak in favor of this applicatioB? Tlmnk you M~'s. Gasser. OK, anybody like to speak against tile applicatien? MS BORELLI: Ongioni aad Bm'elli I'll return these for Diane and Frank Amoratti who are the neighbors to the applicant. MR. CHAIRMAN: Tlmnk you. MS. BORELLI: We do not believe that the applicant here bas met the code reqoircmt!llls ~ll~d thai is l)at~t of onr objection to the requested variance in tlmt we think that this applicant can use the code requirements, thtwe is amph: lot space to place tim sign the requisite 15 feet fl'om [lie lot lines. We also beli6ve that the pictures you see are signs that were probably approved during the Page 27 Regular Meeting ef April 6, 19!)4 Southold Town Board of Appeals site plan process or at some poiat received approval these signs have been improper and illegal since about 1982. The applicant is before this board simply because the question came up when there in front of the Planning Board doesn't bare sit phm contains a history purchased tile property 1980 prior to purcllasc tile site plan review because tiffs site also approval never having gotten it. The brief tile site which shows that this applicant ill 1981 and actnally came to this board in tryiug to find out whether a museum was a proper use for the site at that time. This board told tile applicant that he couldn't give advice, they bad to be here for an application, however, it was uot l)crmitted use at that time, it has never been a permitted use. It was granted, the applicant was granted a zone change in September of 93, over our objections, to which we strenuously objecled aud that during that approval process the Town Beard decisien that gmmtcd tile zoue change specifically makes note that tile zone chauge sllould not be conside~ed as the granting of an variances and that thc applicant still bad to get the variances for the various illegalities at the site. The environmental consultant noted in tile papers submitted to tile Town Board that even if the zone clmnge was granted, which it was granted, this site still would not be in complianec with tile zoning code. The Planning Board objected to thc zone clnmge on tile basis that it was considered spot zoning, at least ill thc Phualing Board's opinion. Itowever, tho zone change was granted and the applicant has now come before you to ask for a wtriancc fol. si~us. It is onr position that this applicant callllot ask for piece meal wn'ianccs. Tiffs site bas at least four Page 28 Regnlar Meeting of April 6, 1994 Southold Town Board of Appeals violations of tile code. It has the sign violation of the code, it has the tower that is in violation of the height requirements and setback requirements because even although the Town Board told them they had to move it 100 feet, the Town Board does not have the authority to gt'ant the wn'iance from the code, that tower does not have a building permit and it violates the code. The site also is a.museum and nnder the code a museum must be in a totally housed building and this is not, the c~ioipmcnt is ont on tile service where you can see it outside of, tile major portion of it is outside. It is our position that they cannot come and ask for a variance or sign when there ape llUlllerous violations of tile code. We have requested the enforcement officer to enforce the code, a copy of our last letter to them asking them is one of tile exhibits and there has been no BOARD CLERK: They haven't received it yet. I checked with them this morning, they don't have ally, there is no violations of record. I checked on that too today, just so you'll know. MS. BORELLI: Tile last letter that I wrote just yesterday they don't have. There is an exhibit ill there that there is a letter that was written in October of 1993, itemizing tile violations, the enviromncntal consultant's report to the Town Board, listed what the violations were, so my client has been complaining since 1988 (loud ringing noise). So the original rccor'd of the complaint ill 1988 of tile tower at least. We feel that tile segmenting of a request is an attempt to meet the statuS'cry retluircmcnts by saying that they are asking for a minimal wu'ianee, but maybe tile sign is a minimal Page 29 Regular Meeting of Ap~'il 6, 199.1 Southold Towa Board of Appeals variance when yea think of everything else that violates the code. But by segmca(ing lbcir attempting to get in little pieces what they really should be asking for all in one request. My brief gives a history of this site and in fact attaches as an exhibit the brief that we submitted to the Town Board in opposition to tbe request for a zone change. It shows you that this applicant came before this board ill 1980 to ask advk'.e and never came back when they opened it improper use. They weat, they submitted very very late a request for site plau approwfl after they were pushed by the Plauning Board for site plan approval. They were told to come to this board for an application for ~ a variauce from the tower, they submitted an application, it was retum~ed by this board because it was izmomplete and they never calm~' back with a second application. Tile Plauning Board is never goiug to be able to graut site plan approval on this site because at some poiut they a~'e goil~g to say its not just your signs, its yonr tower, its your llluseaill, because they doll't meet the code. BOAICD CI,EIIK: I think we have a letter from the Planning Board in the file. Right? Mt~. CltAIRMAN: I don't kaow, I have look at it. BOARD CLEIt. K: OK. MS. BOi~ELLI: By the p~'ucess of piece meal application this applicant has bccn in opcratkm since 1981, all in violation of the code. This is 1994. That's 13 yetws of illegal operation aud 13 years of violations of the code wit~t impunity and all we are askiug is that somebody enfupce the cede. That somebody say you can't do this Page 30 Regular Meeting of Apl'il 6, 1994 Southold Town Bt~at'd of Appeals because it violates tile code you have to come before the proper tribunal and ask fur the proper relief all at the same time. MR. CiIAiRMAN: Carmela you didn't discuss this with the Town Attorney at all, right? MS. BOi~ELI,I: No, I didu~t. I had discussed it with Mr. Arnoff previoasly and in fact it was Ilarvey who forced this applicant to go to the Town Buat'd. My brief says that in essence of Mr. Arnoff's letter said 'enoegh is enough" and that's exactly what his letter said. ltis letter said "You come before the Board and ask for a zone change or we're going to do something about it', and that's simply because it was delayi~g tactic after delaying tactic. In fact, my client brought me photogt'aphs tonight tile Town Board~s granting of a zone change olle Of the eunditions of the zoue change was that they screen tile lot line with a feneiag betweeu their property and my client's property. The Town Board said preferably vegetation. They did not do vegetation. They did those slats that go in and out of the fence and as you call Sec that bas never bccu completed so they are in violation even of tile coaditions under which they were suppose to get thc zeno change. Yet! can see that this is tile side view. So they haven't even dolle tile scrccnhlg that they were suppose to do in order to get to fulfill the condition of the zene change. I can offer those. This is just anethcr pictul'e of the sign. My letter that Linda was refcm'ing to is a letter that I wrote yesterday addressed to the Town Board, Complaining Board, tile Building Enforcement Officer again~ with a copy to this board somebody do somcthieg bccaase is going oil some too long. Department asking that Page 31 Regular Meetiug of April 6, 199,1 Southold Town Boal'd of Appeals MRS. I':OWALSI,:: I guess I should just mention that I spoke with Gary Fish today, I put a memo in the record and he says that the applicants are working with the Building Department, there ave not violations outstanding aad that they do expect to get sit plan approval very shortly. The Zoning Board is next. I'm just letting you be awat'e of that, that he said there a~e no violations. MS. BORELLI: OK. Thcr'e is a letter in the file that is atx exhibit here which is a lcttm~ ft'om the Building Department that says there ave existing violations and that the only reason they haven't cited thegn or issued summonses is to allow them to come before the proper tribunal to seek vaiqaaccs. BOARD CLERK: Right, but that was a building inspector that's no longer here and I think the Gassers have done a lot since that letter and maybe they s.hould really bring everybody up to date. MS. BORELLI: I met with Gary Fish and Building Department, he has told me that the di~'uciitm lhat the Town Buildi~g Department wants us to take, I have met with Mi'. Kassner from the Plmming Board, we are presently doing site l)lmx al)pt'oval. This variance is just one of the stipulations that al~e being asked by Planning Board. That is why we are hcl'e tonight so we cm~ set that up, so we Call go into the Planning Bua~'d and we can finish this and get it all lined up and get the site plan appruval that is necessaey. We ave meetiug every condition that th(~ Plam~ing Board is asking us to meet and we are doing it on a lx~gular basis. As fac as the screening of the fence is done. - Page 3'2. Regular Meeting of April 6, 1994 Southold Town Board of Appeals MRS. GASSER: I don't know where they got those pictures but if you go down Love Lane right now tile screening has been done and it will be continued on the other side per Planning Board recommendation. MR. CHAIRMAN: OK. 1 dou't, you know, I understand there's frustrations on both sides here and there is no qnestion about it. You understand what thc attorney is requesting here. She is saying that you're dealing with a segmentation iii reference going to a procedure of if lhct'c ape additional variances needed instead of requiring them all ut one time. She's saying that you're doing one at a time. OK? BOARD CLERK: They could tic done separately. MRS. GASSER: We are being told that there are no variance, other variances needed. BOARD CLERK; That's exactly what I was told today too. MR. CIIAIRMAN: Unfortunately the town attorney had to go, had something else pressing tonight and that's why we let hep go. MRS. GASSER: The tower is the question. It has been moved attd it has been moved mere thau 100 feet. It was moved from the front corneP piece to tile back cot'llCP. MR. CIlA1RMAN: This is thc tower? MRS. GASSER: This is the IoweP. It was also cut down to go ul~dev the 18 foot limit so wc don't need a variance fop that allymol'e. MR. CllAIII, MAN:. lligh(, OK. MRS. GASSER: }ge are scrccniug lit, we have only a 50 foot width of property. You can't put '[roes in there and still have something to display. Mi'. Amok'ertl has trees on his pm>petty that screen. Page 33 Regular Meeting o[' Aln'il G, 1!)91 Southold Town Boa~'cl of Appeals Unfortunately a lot of those trees have died and he Ires had to cut them dowll. If those trees were still there it would evell screen tIlope and we were there since 1981. Mr. Amoretti has moved in since 85. MR. CHAIRMAN: Tlmnk you. Is there something else you would like to add? MS. BORELLI: Mr. GuchringeP we would peally appreciate a formal request from (he Zoning Board Al)peal to the Building Department with regard to any potcutial violations at this site because the code specifically says thai a museum must be iu a total enclosed building that has been noted by cveryoue through this entire process. Euvironmental Consultants before the Town Board, the Planning Board. In fact I spoke to Rassell Kassner just before be went away on vacation and he said "I don't care where that tower is, the Town Board didn't have the right to grant them a variance, it is an accessory baildi~g and it nerds somcthiag". I mean I said that to him the day he was leaving ~o go on to vacation. MR. CIIAIRMAN: You mcan Robert Kassner? MS. BORELLI: Yes, I'm sorry. MR. CHAIRMAN: That ah'ight. You bad me goiug there for a minute. MS. BORELLI: They, they, I would just like an official request from this board of lhe Building Dcpa['tment to inquiee into the matters that have been noted by evet'yuuc, all along the line includiug people that have been hi,'cd by the towu to look into this matter because I am no[ convinced that thm.e m'e not violations based UpOll the [OWllS own teem'ds. If you go tl~t'ough the records, your files, the files of the Buildiug Del)m'tment, the files of the Planning Department, the Page 3,1 Regular Mete'ting ef April 6, 1994 Southold Town Board of Appt~als files of tile Town Board, they are replete with the violations. That's all l'm asking and that if this applicant requires more than one variance that they not do it they way they are doing it now. They come before you and ask for everything all at once. MR. CiIAII{MAN: OK, thank you. MS. BORELLI: Thank you. MR. CtlAiRMAN: Anybody else weald like to speak either for or against on this application? I see no hands. I'll make a motion closing the hear'lng t'cscrving decision until later. MEMBER VILLA: Sceolld. MR. CIIAIRMAN: All in favor. MEMBERS: Aye. MR. CIIAIRMAN: Tlmnk you very much everybody for coming in. 8:30 P.M. Mit. CIiAiRMAN: The next appeal is in behalf of Donald B rchm. BOARD CLERK: (Question to Member Villa) You're saying no on that vote then? MEMBEI{ VILLA: 1 tldnk we ought to --- MR. CtlAiRMAN: Well that doesn't mcan we can't write a letter to the town attorney and ask her opiniou, which I unfortunately inadvcrtcatly let bc~r gt~ t~)aight, you know which we could have had an opinioa at thai 1)()inl, 1 meaa I doa't want put the person on a spot appeal'lng, you kaow what i'm saying. MEMBER VILLA: Yott'tx~ pt~int was well taken and I think if we before we can vote, before I vo~e on something like that I would like an answer from the Building Dcl)artmcnt. Page 35 Regular Meeting of April 6, 199,1 Southold Town Board of Appeuls BOARD CLERK: We'pe plunniug on doing that. MR. CIIAIRMAN:. Well, we'll plan it, OK? BOARD ChERK: OK MEMBER WILTON: That's not a step we take in every applicant. How do we know every every other one here tonight and everyone in the future in the past hasu't hud other violations?. MEMBER DIN1Z10: Well, that's why we do inspections. MEMBEi~ VILLA: Thut's right and we haven't had charges on other placed here before. It was a violation. Did they get Building Permit to put things there? MEMBER DiNiZIO: Well I that would be faip. think we should have something ill writing MR. CttAIRMAN: .Ah'ight, the appeal is 4223. This is a request for a variauce based upon the Building Inspector's March 4, 1994 Notice of Disapl)roval concerning a building permit application for a deck along a proposed a deck additioa proposed within 75 feet of tile bulkhead along Dawn Lag()Oll. its Apticle XXIiI, Section 100-239.4B of the Zouing Code. Localion of Propepty is 1010 Maple Lane, Greenport, N.Y., Lot No. 60 at Cleaves Point, Section 111, County Tax Map Parcel 1D 1000-35-5-27. The subject premises is substandard in size in an R-40 Zone 1)istrict. I have a copy of a sketch o(' a survey no specific date imlicating the appt'eximatc distance of this proposed deck at 43 feet 8 inches which is ppimarily a concrete extension leading to the steps aelt~ally its a concrete extension which is a grade but whepc as elescst point were ,13 feet 8 inches on the Page 36 Regular M~eting of Apl'il B, 1991 Soathold Town Board of Appc~als bulkhead and I have a copy of the Suffolk County Tax Map indicating this and sarrounding properties in the area. Let me guess, you're representing this one too? OK. LINDA: I would like to add that since we made the application we received BOARD CLEI{K: I can't hcar you Liuda, I'm sorry. LINDA. Since we mu(lc Ihe application we received a waiver from the Town Trustees and a h, ttcr of noz~ jurisdiction ..... Mr. Brehm is here tm~ight and Mt's. B~'clan .... MR. CIIAIRMAN: Are there any roofs going to be placed on this deck? No, this is completely an opened deck? OK. Do any of my fellow board member's have a~y specific objections to this. BOARD CLERK: No p~'oblem. MEMBER VILLA:. Yeah, I have. Why couldn't that deck just be brought out to the exteasion of the dosed in area and not off at an angle so we gain a few mm'c feet because its ,18 feet to the deck and then you've got three stcps going dowll which brings it even closer? 45 feet, you're going to be dowu around 40 feet by the time you come dose to the oue we just did before was 48 feet to the if you just ran that deck out straight instead of fauning it like it is it would be a little more palatable. Its still 12 feet deep. LiNDA: You're speaking of Ihe concrete extension now? MR. CllAIRMAN: Why don't you come up here Liuda and we'll MEMBER VILLA: 'Fht~ pl'{~posed wood deck on the north side. L1NDA. OK, lhe step Ihat~s going to be closep to the bolkhead is 43 feet 8 iuclms. Page 37 Regular Meeting of Apl'il 6, 1994 Southold Towu Board of Appeals MR. CtlAIRMAN: lie's asking why that emi be why that can't be squared off and and MEMBER VILLA: Instead of ftuming out towards the water just run it straight in line with the closed in addition there and it will bring you about 48 feet which is what we just gave the neighbors. MR. GI{ATTON: My name is Don Gpatton. MR. CtlA1RMAN: Ilow at'e you Mr. Gratton? MR. GRATTON: Yes, thc question whether op.not those steps could be squared off? MR. BI{EIIM: Yes, they coold be. MEMBER VILLA: Not the steps, the whole deck. MR. BI{EIIM: Oh~ MEMBER VILLA: Because you~r'e still going to have steps coming down f~om the deck. MR. BI{EIiM: Its possible. I did it fop the aesthetic value of it. I~m one who likt~s something better, diffct'ent than just a square or reetangultu' dt~ck and the best water view is off to the left towards the water. Tht~ lag{~m~ culwes just about the southwest copllep of ouP bulkhead alld a so [of thusc t~vo reasons is the way or the ~'eason that I designed thc deck iu the way that I did and also we wanted as much deck area as we could get we do considerable e~ltcl'taining and we waal to appl'oximi~lt~ 180 SrlUat.e [oe~ deck. Any other questions? MEMBEI{ VILLA: Wt~ll l]lal's not a mitigating eoudition. I lllCall there just asking for' something in excess of what we call grmlt. Page 38 Regular- Meeting ef Apl'il G, 1991 Southold Town Bour'd of Al)peals MR. CIIAiRMAN: I guess tb(_~ question that we should ask you in reality you know instead o[' beating a~'ound the bush can you live with 48 feet? MR. BREItM: Lets see. ,18 feet would be to the edge of the porch? MR. CtIAIRMAN. Yeah. MR. BREIIM: Well its always possible to live with, I'm not suPe --- and a to put the deck mi it with that restriction. MR. CIIAIRMAN: OK. Well, we'll ask you, we'll ask the audience if thc~'e is anybody else ~xould like to speak and we'll ~'cccss it and kick it around ]atel' i}lld sL}e what we can come up with. MR. BREiIM: Ve~'y well, thank you. MR. CIIAIRMAN: Thank you. Anybody else would like to speak either appbcatlm. I see no hands I'll make a motio~l foe oc against this ' ' * closing the beating ~'esccving dec. isiun until latec. All in favor? MEMBEIIS: Aye. MR. CIIAIRMAN: I, OK BOARD CLERK: Mr. B~'ebn~ bas something else to say. Mg. BREIIM: Yes, may I add something? A, I just looked at the sketch here the 48 feet a 18 feet I inches plus or minus a does come to the deck thct'e without the steps. Now~ I~lll not sut'e what thc qttcstiolx was. BOARD CLERK: Bob, is that what you~ talking about? MEMBER VILLA: That's n(~l what shows on the .... . MR. BREiIM: if y(m asked if tbt~, if that could be sqaat'ed off. MR. CiIAII/MAN: Why don'[ you step ovc[' hct'e and MP. Villa. Page 39 Regulap Meeting of April 6, 199.1 Southold Town Boar'd of Appeals BOARD CI, ERK: Bob, bert take a look at this, this is a better- scale. That one you have is so little its hat'd to read. MR. BREitM: Thc way I understood the question was whethe~ ov not this deck could be made rectangular and of course it can't to become within the ,18 feel. Well, the 48 feet from the bulkhead would come to this point and that's the eorne~· of the deck. MEMBER VILLA: Tlmt's nut what it says here. It says 45 feet .... If you can pull this l)(fint so that its 48 feet on the bulkhead ---it can probably bc because that's what we gave your neighboP. MR. BREIIM: Yes, I (hm'l know MEMBER VILLA. Whclb(~t· its 45 feet oe less then I'm not happy --- MR. BREltM: I see, OK so thm'e*s discrepancy between this sketch and the survey. MEMBER VILLA: Yes. BOARD CLERK: Yeah, thr(,cs two di['ferent maps in the file so. MR. CIIAIRMAN: Thc ouicr edge of the bulkhead. Is that wheee the problem is? MR. BREIIM: I'm nul sure why thc discrepancy. MEMBER VILLA: I'm not either. L1NDA: Arc you looking at tim s~cond one? MR. CIIAIRMAN: We bavm~'l establish that yet. BOARD CLERK: OK, l've got to look at the dates and when they were submitted. LINDA: The sec:end olde I gave you BOARD CLERK: Ma~'t4~ 25? LINDA. No. Page ,10 Regulap Meeting ef Alnql 6, 1994 Southold Town Boal.'d o[' Appeals BOARD CLERK: Yes this is the newest one bore on top. MR. BREItM: This is my old one this is the one I had. BOARD CLERK: Ob! I make copies and I usually pat it in the boxes the same day I get it. - ..... MR. CflAIRMAN: Yeah, Do we lmve an amiable figupe bore? MEMBER VILLA: As long as tim deck doesn't apl)roach more-than 48 feet I'm lmppy with it because that's all we gave the neighbor and I live with tlmt but if its going to be 43 feet then I'~n not lmppy. MR. CItAIRMAN: OK, yea'pc welcome to stay op call us tomot'pow whatever thc case may be. We'll dismiss LINDA: Just bcfm'e you do tile steps. MR. BRE[iM; OK, I'll woPl~y about the steps. MEMBER VILLA: Can you relocate tile steps? MR. C[IAINMAN..Thm'e saying thc deck Bob. MEMBER VILLA: Yeah, I kllOW that. MR. CIIAII{MAN: Thank yea. 8:.10 P.M. MR. CtIAIRMAN. A1Pigbt, the next heaping is on behalf of Thomas and Joan Kelly. The legal notice reads as follows: lls uumbcp ,t226. This is a r'cquest for a vat'lance based upon tim Building lnspcctop's March 10, 1994 Notice of Disapp['oval conccl'ail~g a building pcpnlit applicatiou to locate a storage building within 75 fcct of lhe bulkhead along ltopscsboe Cove at Cutcboguo llaPbop; Apticle XiII, Section 100-239.,IB of the Zoniug Code. Location of Pl'i;pel'ty: 1050 West Cove Road, at Nassau Point, Culclmgue, N.Y., Cmmly Papccl ID 1000-111-5-1 containing 1.54 ac~'es. Nancy, yea pl'{~duced lids pigbt? OK, fpom Steehnan Sal~lucls. Page 41 Rc~'ular Meeting ~1~ Ap~'il (3, 1994 $outlmld Town Boa~'d ~£ Appeals NANCY STEELMAN: Salnucls & Stcelman. MR. CtlAiRMAN: We have a survey site plan map dated 10/15/93, indicating the proposed storage building at the bulkhead which is in the PcaP yard ttrca towards the Gluekman property, probably within 40 to 60 feet from thc Glackman property, OK? You're welcome to speak. Is there something yea would like to say? NANCY STEELMAN: Well, I think the application does state forward that primarily they're using it for boat storage, there are some stairs, existing stairs now that ape being reconstmteted right to the beach. Fz'om ap to thc edge of the bulkhead too much they uso it for windsurfers and various sunfish and then the~e is an existing patio that it will be seen adjacent to MR. CIIAIRMAN: I sh~)uld point out to you that this board really does l~ot-- has llot gl'anted any of these on the west side of Nassau Point. OK. We don't c(alsidel' the--~ I sboaldn't say we~ I don*t~ I'm Ilot even going to get to that point. The consideration OK, on the west side of Nassau Point is thc [act that unless you have a high bluff area then there is a hardship. OK, there is not necessarily that situation here. OK. NANCY STEELMAN: Tbcvc is some bluff, but not a high bluff but MR. CttAiRMAN: Yes, llt)l a high blaff, right. I mcan I went down the stairs, I mcan Iht walk~xay, alld so on and so forth, that I alii aware of that. We det'initcly will discuss it, you know, that's all I can tell you. Page 42 Regular Meeting of April 6, 1994 $outhold Town Bo~l~'d of Appeals NANCY STEELMAN: OK. Can you give me a reason about the west side of Nassau Point. MR. CIIAIi{MAN. Well, we don't consider it to be a real hardship, OK, and on the east side you know you have 85 foot I, I don't know if you refer to them as bluffs, there really not bluffs there, hills, OK. NANCY STEELMAN: OK MR. CIiAII~MAN: And wc can see that there is a necessity no one would ever tey and drag a sailfish up or a sunfish up 85 feet you know to the top uf thc bloff. OK, and in this particulae case NANCY STEELMAN: I think there is a post garage that)s going to be under constmmtimi l)l'clly 5t~en which is close to elevation change of 18 feet which was iht enly otl~cp a~'ca which it could store any othe~ kind of accessories. So there is a little bit of a climb here yes its not even 5 feet but tbm'e is up tllePc. MR. CIlAIRMAN: In otbcP words they are going to apply for a garage? Is that what your saying? NANCY STEELMAN: Tbc~t~e is now cum'cntly, I think its out of youe jurisdiction I would say 5 feet. MR. CIIAiRMAN: Right, I saw it there. NANCY STEEl,MAN: Yeah, so you km)w if thet'e is, there is some distam'.e betwt~en ibc ~dgc of the bulkhead and that other storage arcs bering available. BOARD CLEIiK: llow far is Ihe driveway? MR. CIIAIRMAN:. Its all tlJc way over here. BOARD CLERK: Tbt~ dl'ivcway? Page 43 Regular Mevting of April 6, 1994 Southold Town Beard of Appeals MI{. CIIAIRMAN: Yeah, well that garage probably will come before us because its going to be in the front yard area. BOARD CLERK: No, uot on waterfront property. MR. CHAIRMAN: Oh! that's right its waterfront property. I apologize, you're absolutely correct. NANCY STEELMAN: I know, I've been before this Board and. I know you changed, so ttmt was part of the rational for this also is quite away frem water and there is a hike back up to that garage. MR. CIiAIRMAN: Right. Well, we can on of two things here. You can speak to the applicant and get back to us we can recess the hearing. You can ask fer a specific spot bepefally 75 feet landward of the bulkhead. NANCY STEELMAN: OK MR. CtlAIRMAN: .Ul)pCr neck, there is parking area behind that little bluff at'ca, actually ils a, you know I would hate to see you lose the you kHow, because I mean you know there certainly is all undel, standing that these things are needed ill reference to people who have waterfrent prtq~crty. NANCY STEELMAN: Righl, ~'igbt. MR. CItAIRMAN: Why den't you de tlmt and we'll a NANCY STEELMAN: OK. See the location ef the other side of that bluff area. MR. CIIAIRMAN: All right? Is tlmt ahqght with everybody. Thank you vcl'y much. Anybody else like to speak either for or against this hcariag? I sec no hands I'll make a motion recessing it to the next regular schedule mctqing. All in favor? Page 4,t Regalar Meeting of Apt'il 6, 199,1 $outhold Town Board of Appeals MEMBERS: Aye. 8:,16 P.M. MR. and Roby application West Cove CIIAII~MAN: The next hearing is in behalf of Thomas Gluckm;m. L~gal notice reads as follows: This is an wilh amendments, concerning the property known.as 1350 Road, Nassau Point, Cutchogue, NY. County Parcel ID 1000-111-5-2: a) a variam~e requested based upon the Building Inspector's February 23, 1991 disapproval concerning a building permit application to alter an existing garage with attached guest unit, which will includ~ an ~xpansim~ of the guest unit by more than 50 percent of its present size, Article XXIV, Section 100-241 of the Zoning Code; b) a variance based upoa tile Building Inspector's March 4, 1994 disapproval concerning a boilding permit application to construct an ill groand swimming p,~c~l, pool house, deck and fence enclosure, a copy of the survey dt~ted imllrovements on this sile and a copy o[' the Suf['olk sttrrotuldil~ l>t'tq~tn'ti~s. Mr. Kapell you have bc~el~ March 8, 199.1, indicating tile proposed indicated in the legal notice I just read Courtly Tax Map indicating this and the very patient tonight as your applicants have, its a pleauure to stye you ill your new roll for us. flow are you? MR. KAPELL: l"im~, and you Sir? MR. CIlAiRMAN: Very gl~e~. Page 45 Regular Meeting o[ April 6, 1994 Southold Town Board t~£ Appeals Mil. KAPELL: MI{. Chaimnan, Mcnlbcrs of the Boat'd, BOARD CLERK, thanks fop ht~a~'ing tls, David Kapcll, 143 Sixth Street, Gpeenpopt, N.Y., on bi,half of th(~ applicants, Thomas and Roby Gluckman, who are here with tls this evening. I'm going to approach thcse hue at a time. With respect to thc eouvepsion of the garage and the expansion of thc gucsl milt that is currently located in the gat'age to occupy the entire gan~gc lily clients have an 11 member household and as big as the l)laill house is, ils not big ellOtlgh and whoa they bought the property thcy bought il with the intention of expanding the existing guest unit into this gtu.~gc at'ca. That as you know this is a well oversized lot in a cae ac're zone and they have a very real need for additional bedroom space and that's what causes the application. In coimcction with the pool and the pool house, first let mc point out that the deck surt.otmdiag thc pool house will be concr'eted grade. This is not gifing ............ to drop down on the former deck. I guess you've berm down to the site and you seco thc topography that we're dealing with. Tht~sc folks have a severe dpaitmge problem in the a¥ca of thc dl'ivt~ay, both the pt'cexisting driveway and the new driveway that thcy constructed arid the topography of the site dictates that this is thc sole location of the pool which would be satisfactory, mid that gives risc to the request both for its locution partially in th~ side yard aud in the front yard al~d also the pPoximity It~ lhi~ btdkhcad biting 60 feet to the nearest cepncp of the pool. Essentially with t'cspcet to the setback cup problem is 15 feet to thc pool being- witl[in the 75 feet. These arc our problems and I would be glad tt~ answer and questions you may have on this. Page 4G Regulap Me~tin~ of Atn'il 0, 199,t $outhold Town Bom.d of Appeals Mit. CIlAIRMAN: Just g*dng back to the garage this is proposed to be sleeping quat'tet's mHy? MR. KAPELL: Yes. MR. C[1AiRMAN: Right and its my understanding that duping the period of the time that you ape applying fop this there is going to some eovemmt on the ppupepty, that its not going to be ~ fupthev subdivided? Is that eob'peet? MR. KAPELL: No, I didn't say that. MR. CIIAIRMAN: You nevep said that. I didn't say that you said that, that's wha( [ heal'd. MR. KAPELL: No, I don'l think that has bccn said. MR. CIIAIRMAN: That's not been said. MR. KAPELL: No, no. MR. CiIAIRMAN: That's not been said. MR. KAPELL: No. What wc at'c willing to covenant is that this building will not be t.cnlcd. Its not going to be occupied as a second dwelling tlllit Oll tim pt.opct'ty, alld we'pe pcpfectly happy to filo a covenant on the deed that its not going to be rented. BOARD CLERK: It will be ft~p family use only to, pight? MR. KAl)ELL: Excuse mc. BOARD CLERK. Family tlst~ only to, pight? MR. KAPELL: Stpictly family rise. MR. CIIAIliMAN: The pool house is going consist of what? MR. KAl)ELL: The l)uol hoaac is gt~ing to consist of MR. CIIAIRMAN: I have lt~e phms in fpont of mc but I just what you to petite it. Page 47 Regulap Meeting of Appil 6, 199,t Southold Town Boa['d of Appeals MR. Ir. Al'ELL: A of, Its going to have tin'ce changing apeas, a toilet, a small w~t bap aad a you know like a little sink station, a shower, what's l'c[cppcd to as a lounge at'ca al~d in the back of the building a couple of sim'age apcas fop pool .and play. MR. CIIAIRMAN: Thc ollly Olio that we granted most peCelltly was acposs the cpcck fl'om you on the othep side on Opchapd I{oad and thopo wept specific pcquil'cmcnts that we had on the pool house ill refer'elite to door's lt~ thc lavatopy at'cas alld showop al'cas being opoll to the exterior' of thc building. MR. KAPELL: You what them opened to the extepio~ as opposcd to the intcpiop? MR. CflAiRMAN. Right. MR. KAPELL: Or Call they bo opened? MR. ClfA1RMAN: .Right. Well I think they can be opcllod to both but we wanted them opened to thc extel'lop of the building. MR. KAPELL: Tho lavatol'y tuld what? MR. CI1AIRMAN. Thc showcp al'cas. MR. KAPELL: I sec. I)o you have ally pt'oblcms with that? MR. k MILS. Gi,UCKMAN: No, no ppoblcms. MR. CIlAiRMAN. It looks like a faiply extonsive building and its somewhat similap to Iht oac that we gl'allied Oll the other side of Cutchoguc llarbop, except that that one was going to have a hclipad on top of it at one time. Wo kind of got him out of that idea peally quickly. MR. KAPELL. Wt?pt~ nol g~fing Fop to that extcnt. Its not that extensive. Puge 18 Regulur Mt~eting el' April 6, 199.1 $outhold Town Bourd of Appeals MR. CIIAIRMAN. So its not that extensive? MR. KAPELL. Yt!ab. MR. CtlAiRMAN. What is the approximate height of the swimtning pool above grade? Docs uayone know at this point? Mt{. KAPELL. I can tell you approximately if you give me just a moment. Roughly 25 feet. 22 to 25 feet. MR. CIIAIRMAN. Well its not above deck. That's 25 feet above sea level. MR. KAPELL. I'm sorry, above sca level. MR. CIIAiRMAN. Above grade, wtmt do you think, 3 feet? MR. KAPELL: Thc p~ol list'.If? MR. CIIAIRMAN: About 3 l't2et? MR. KAl'ELL: 3 fleet. Mil.. CIIAiRMAN: Alrigbt, those are all the questions I have at this time. There is no intention of ever enclosing the pool is there? Mil. KAl'ELL: No. MR. CIIAiI~,MAN: Bt)l), ()r tmyoae else? MEMBER. VILLA: About the qucstien you Pe['er to the guest cottage, when I was down the~'e the workman said that use to be the chauffeur's ttttartcrs. MR. KAPELL: We are trying to be candid with you. We have no idea how the unit wits used. 1 t'cully can't tell yoo. All I know is when the Ghtcklllitlts beugl~t it lllt~rt~ was a bathroom and there's a Poem slid they were thefts, llow IMps. Wheeler or hep predecessors used it we llave 11o id~a. Page 49 Regular Meeting of Ap~'il G, 1994 Southold Town Board of Appeals MEMBER VILLA. Ah'ighl, and I was tlmre and I looked at the grade and it would appear Io me that that pool could be pivoted around so you can get the 75 feet withoat math problem. You really haven't proven any hardshil). You certainly understand why we have to grant without a problem. MR. KAPELI.. Well, our problem have the area to do it. I can't when we can get the 75 is that the drainage proble~n we have in connection with our driveway is such that the road contractor informs us that we have to create essentially a beton down towards the pool house and ut) towards the shoulder of the road in order to have proper drainage. Thet'e is going installed iii com~ection with lhis driveway. MEMBER VILLA: Yeah, but that's got to to be elaborate drainage be done, that's got to be done landward with the pool house and that doesn't affect the pool, the pool could be pivoted around so that you can get the 75 feet without ally probltm~. MR. KAPEI~L: Can you show mo what yea moan? MEMBEI{ VILLA. All ym~ gel to do is pivot it elose~ towards the house. MEMBER VILLA: You're going to have to either get the water to go this way or this way. MI{. KAl'ELL: No, we're trying to .... both sides. MEMBER VILLA. Su, all you do is take this pool and go like this and at this point this em'net' becomes over here and you pick up your 15 feet and the peel now t'ull~ this way'. There's no big deal there. MI{. CI1AIRMAN. Temmy and Roby why don't you come up? Page 50 Regular Meeting of Ap~'il 6, 199,t Southold Town Bt~a~'d of Appeals MEMBER VILLA. i'm tile bad guy because I try to enforce the codes and we try to protect our surface waters and everythiug else and everytlling else mum off this way so MR. KAPELL. I just want to corm'eot tha~ Mr. Villa. What we are tryingto do is tile opposite. MEMBER VILLA. [ realize that. MR. KAPELL. Oar ch'aim~gc plan, this doesn't show the new road which is hct~c. Ora' ch',im~gc phm is to create a pitch back in this direction to contain thc runoff on this property and to direct it away from thc water which is where it eur'rently goes. MEMBER VILLA: But ~his lmol could just be pivoted so that you pick up tile 15 feet to Ibis cm'ncl' bcPe 75 and that shouldn't be a major problem. MRS. GLUCKMAN.: Thc.o's only one problem. We have a big problem bePe. Not only if yoa look at the topog~'aphy we have a problem here. There's a major slope here and we can't b~ing it up to grade otherwise the water will go Pigbt back to the house. MR. KAPELL: There is 35 feet Bob there you're right. MEMBER DINIZIO: They'll be going up hill if they do that . They'll end ap probably 5 feet oll thc other side. MEMBER VILLA: Thcs.o's not going to be any p~'oblcm. The pool is gOillg to bc 3 fccl above gt'adc as it is. That's what said. MRS. GLUCKMAN. Bu~ lhis is 5 feet above grade and if we raise it up too bigll we're going l'ight back MR. KAPELL. They haw~ ~o go closer to that 25 foot contour so that on the otlim' side thct'c's a whole lot mm'e slope right here. Page 51 I>~egulap Meeting of Atn'il ~3, l~J~Ol Southold Towu Board of Appeals MEMBER DiNiZIO. - ............ t5 foot eoutour right here. KAPELL. Right, but look how close thc 20 foot is where you put MR. MR. MR. DINIZiO. Thet'e's 20 so. KAPELL. ltight, but look to see how wide it is at one point and then it closes right up. There's a good size slope. MEMBER VILLA. The pool is tip ahnost up to 25 feet here. MR. KAPELL. Right. MEMBER VILLA. So if you run it like this you*re going to be I, I think you would think that 15 feet would be MR. KAPELL: The augle of the slop --- here it's constant versus, here you're going late the slop. Mit. CtlAIRMAN: Nullt'y, do yea wolit to cellllllVtlt Oll this? You're welcomed to come up if~ you Wt~llt. MEMBER VILLA: You're building a cooer'ere structure here which shoaldn't pre, strut a problem. I can't qaite see it myself. It ..... there between 75 feet fop ti l'ea8Oll [ would you know. We usually give it because thet'e's ao place else to put it or its a smaller plot. You got anlblc l'OOlll hei't~. MR. CIIAiRMAN: That's wind lnq)l;ens when you get two engineers together. MRS. GLUCKMAN: ....... I wunt just want to check a little bit on what's proposed on (too many people spt~aking at one time) MEMBER VILLA. Whel'e you soy its you're probably ..... MR. GLUCKMAN. - ..... "- ..... there's a tt'cmendoas drop at the other end of the pool. Page 52 Regular Meeting of April 6, 1994 Southold Town Board ef Appeals (Can't distinguish voice) You have a drop then from this edge of the pool down ......... slope is that it? MR. KAPELL. This is fairly flat. (Can't distinguish voice). What's the elevation of the pool? Mr. GLUCKMAN. Abrupt 22-23 feet. (WOMAN) OK, so you're very close to -- MR. GLUCKMAN. If we stay in that area we don't have a problem. It's fairly flat. Whel'c the problems are either on this side or on this side. That's where thc grade clmnge takes place. That's why we chose this locatMn and I kn(~w its been looked over in great detail by both the road contt'aetor who is creating the d~'ainage fop the road and by the pool coalraetop who is going to install the pool. We really feel that this is the only location where we can put it. Woman's voice) I just like to know too that my client doesn't have a problem with the location of the pool here. They're only concern was screening along this edge. MR. GLUCKMAN: No problem. I spoke to ...... MEMBER VILLA. WhaCs your pool house going to be? What elevation year po~;l hotlse g{~ing to be? It's g{dng to be at the Sallie elevation? No, this is going Io be a 20-25 feet. Its fairly flat MR. GLUCKMAN: here. MEMBER DINIZIO: N~;, all I'm saying is that one side of tile pool is going to be very .... You're still going to have to move all of this. MEMBER VILLA. You're g,'dng to have to grade anyway because yea're g*Ang to be rotting in. If this is going to be an elevation say 22 you're MR. GLUCKMAN. That's an existing elevation. Page 53 Regular Mc~eti~tg of Ap~'il 6, 199.t Southold Town Bout'd of Appeals MEMBER VILLA. You're saying that tile pool is goiug to be about 3 feet above grade. So if you're going from elevation 28 you're saying its going to be 3 feet, right? So tbat*s 22 back here, you're going to be dowu about 5 feet from the bank if you'~e telliag me that's the way tile gt'ude goes because here is 25 .... 35 you're going to be about 6 feet into that baak cutting down you've got enough build to bring dowu to put into that pool if you relocate it because this is going to be at least 22 you're going to be fighting like hock into thet'e. (Voice unkuown) ............ Will have uo problem if we prime dit'ectcd that woy b~cause if its slickiag up VILLA: Youh'c going to still be directing it back here whatever you do you're going to try aud coutain the water MEMB ER here. (Voice unknown) The gt'adc PUlls llel'e you kllow alld you sought of shooting it up because MEMBER VILLA: Good, tim! would be great beer because this pool house and the pool is goiag to be at the same elevation. You're not going to be workit~g up and dowa steps? MRS. GLUCKMAN: Mt~. Villa I just spent 2-1/2 hours with Mr. Coeziui today aud it is ve~'y impot'tant you speak to him also because he got to acttmlly ['cg~'mle Ille whole thing so that it goes back. MEMBER VILLA. That's ~'ighl and you'ce going to be doi~g that lalldwaml of I]l(~ peel hollSe. MRS. GLUCKMAN. No, we-have two pPoblmns. Yes, but we also have this probl~:m. Page 5t Regular' Mct_,ting of Aln'il 6, 199,t $outl~old Town Boat'd o£ Appeals MR. GI,UCKMAN, Wc don't want to rcgt'ade all of this. MEMBER VILLA. But you't'e going to be doing it anyway because you're going to be cutting into this. This is going to be an elevation (too many people speaking). MR. KAPELL. Wlmt il boils down to it is going to substautially affect the aesthetics of the site if they start to disturb the grade, in that area. That's wlmt it rcally boils down to so i think it would cost the applicants to maybe reconsidering the entire project at tlmt point. MR. CIiAIRMAN: Can I just ask a question? Is tlmre any need Bob for you to go d~wll tbct'e altd ~ncet with any of these people prior to tls making a decision m' prior to your making a decision? MR. VILLA: I just calt'l see wbere we established a hardship or a fact why we can't pivot thc driveway? We got amble room to do it and they ever gt'adc to tllt~ il looks like its going to be altered anyway. If tlmre pitching that whole thing back there going to have to work 011 it. its llice you have a plan and have to always give. MR. I,:APELL: Well itt me just say you want to stick to it but we tlmt we have sat here tonight tbrougll several other val'iotts applications and there are a number of theln involved .... set bock ...... with some much more severe than wlmt we are asking for. This is relatively minor considering some of the otllcp rcqtlcst yoo ire'co befm'e you tonight. We have a functioning bulkbcad~ I don'l lbink we've tbt'catcncd the water in anyway~ shape or fm'm. Frankly, we h~'vc two bulkheads between this pool and Pugc 55 Regular Meetiug ef Apt'il 6, 1991 Southold Town Board of Appeals water. I think its a little out of contents to consider it such a MR. VILLA. Well ymt have to also justify yott'rt~ action when you have a lot that is this big that you call work with. MR. KAPELL. Well, if you've been down thet~e you see the lopogt'tq~hy of the site. The~'e's a hill that rises up like this behind this proper'ry. MEMBER VILLA. I t'e~dize that. MR. KAPELL. So most oF the pt'operty is unusable for the purposes o~ this pool. It so lml~l~tms that this is the 0nly site We feel we can work with aud that's ou~' ha~'d~hip. MEMBER V1LLA: Aud its ~ mim)r deviation really to .just shift it back 15 feet. MR. CI1A1RMAN: Is the~'c nay way that we can ........ any ...... on this, I mcan I'm m)t t~'ying to put M~. Villa in an awkward spot. MEMBER VILLA: I would like to see the pool laid out the way it shows llc['c aud lilt?Il wllt~l'e lll~ 75 foot line would be. MR. KAl'ELL: Sui'e, I'll m~ke sul'e that is done. MEMBER VII,LA: Righl. Give mc a call I'nl heine. MR. KAPELL: OK. MR. CIIAiRMAN: Nt~w, we'll call, you know, barring any other discussiol~s llcm~ we'll c'losc the hem'iug but rculclnber we have a time limit rum~ing'. [ know that yeti have a time limit too because I'm suite yeti want te get mosl o[' this work done in the spring. BOARD (iLl';ttl(. We have 62 days. Page 56 Rcgulal' Meeting oF April G, 1901 $outhuld Town Board of' Al)pt~als Mil,. KAPELL. No, but we would like to accommodate tile board in any way we cuu. MR. CI1AIRMAN. So, lets sec if we eau come to some agrecmeut. MR. KAPEI, L. Stu'e. Mil,. CItAiI(MAN. Prior to this, you know there doesn't appea~' to be ally other pa~'ticular problelllS. MR. KAPELL. We'll have it state so that its clear next week. MEMBER VILLA. Let him, let hi~n set the grade at tile top of the pool too alright. MR. KAPELL. Set tim' grade. You mcan just a spot, a spot elevation? MEMBER VILLA: Yeah, as to what the top of the pool would be. If you've saying its 22 feel, lets see what tile top of tile pool would be, alright. Mil. CIIAIRMAN: Is lhal ah'ight? Mil.. KAPI:iLL: Yes. Mil,. CIIAIRMAN: Maybe we can come to some agreement here pt'lee to the vote aud cVel'ybody .... good. MR. I(APELL: Very g(~od, Thank you ve~'y much. MR. CIIAIIIMAN: You're welcome, thank you. Would auybody else like to speak ill ravel' of lhis al)plicatieu.? Would auybody like to speak against thc upplication? 1[' at all possible a Saturday morning would be gl'cat cause I'd like to gu also. MR. KAPELI_,: That's fine. llow about a week fmm~ Satueday? MR. CIIAiIiMAN. flow about ii week fl'om Saturday? AIr'e you going to be here? Lets see that's - Page 57 Reguhn' Mc'eting t~f Aln'il 6, 1!/!)4 Southold Towa Boal.d t~f Appt~als MEMBER VILLA. Not thc 24th, if its tile 2,1th, its tile week before ..... I'm not going to be hel'e. MI{. CIIA1RMAN. NO, no, no, I'm not going to be here thc 24th. BOAI{,D CLERK. The 16th, would be the 16th? A week frmn this Saturday? MI{. CIiAIRMAN. The 16th? MR. I~:AI'I£1,L. Lets do it the 16th. That's fine. MI{. CIIAIRMAN. Whtm do you want to go, 9:30 or 10:00 o'clock? MEMBER VILLA. 10:00 o'clt~ek is fine. BOARD CLERK. 10:00. Mil. I(APELL. Wt?ll see you thm'e at 10:00 o~eloek. Thank you very IIILICII~ I (lppPeeialtt~ yt/tlP tillle. Mit. CIIAIRMAN: I0:00 o'clock, llea~'ing no farther comment I hereby make a motion Pe?esMng the heaving and, I~m~ I~lll sin's'y, o'.losing the heaving and we'll hold tht~ decision off antil altec the inspection. Mi{.S KOWALSKI: Who wants to second that? MEMBER VILLA: Seemed. MI~. CIIAIRMAN: All in favoe? MEMBEI{S. Aye. 9:05 P.M. The next application is Richard and Dolores Peincipi. The notice reads as f't*lh~ws: We Imve a copy of a sarvey produced by Rodt'ick Van Tuyl, dated November 3, 1993, indicating the proposed t'elocation t~f this pul'eel, l'elt}eatioa of the lloase O11 this parcel, cottage on tiffs pat'ctq i shmdd say and a copy of the Suffolk County Tax Mtip indicating Ihis 5md suprotu~ding properties in the area. Would you likt~ to bt, heul'd Mrs. I~pineipi? Page 58 Regular Meeting of Ap~'il G, 1'394 Southold Town Boat.d of Appeals MRS. PRINCIPI. I guess so. MR. CIIAIRMAN. We'll gl'ill you. Is there anything you would like to state for' the t'ccm'd I should ask? MI~S. PI{1NCIPI. No, 1 just have some pictut'es they recommended that I take some pictures and bring them. I think yea'ye all been up there. What I want to point out when I talk about some of this, this is the line, the elect~.ie line that has to be ~noved and d[~opped and at a great cost. MEMBER VILLA. You gut any estimates of the cost? MRS. PIilNCIPI. They said it would mm about $5,000. This here is where my house bas been moved, 35 feet from thc bluff line. It shows tlmt its behind all thc other 8 houses that a~'e a~'ound me. All of those other' ll¢~oses Mi~. CIIAIRMAN:. Now, all the other 8 houses belong to you or a family ttlctllbeP? MRS. PRINCIPI: No, no. There's one to the east that use to be the Webbs, I don't ka~w who it is now. That's maybe like 10 feet off the bluff. Thcm?s another one further west, no east, that belongs to a strangee, I don't know who it is, but tbet'e even closer to the lot. MR. CtIAII~MAN. So you dml't own ally of these? BOARD CLEi~K. You don't own acxt door'? Because the town shows that you own the one next dour. MRS. PRINC[PI: I owa l)a~q. It's a COPl)ol'atiou alld we al~e part of that. That's closet' to lhc blu[T. That's CPF. The one to the east of me is my bt'other'-in-law 7md his is the about the only one that's behind lhe lloshin postal line of 30 feet. Page 59 Regulap Meeting of Appil G, 1994 Soutbold Town Bt~avd of Al)peals MEMBER VILLA. Who's tlmt? MR. CIIAiRMAN. Tlmt's ZCM. MRS. PRiNCIPI. lhwtt is all of the othep cottages that ape elosee so I'm not gl)lng lo stm't yeu know somcthiag that is different. As a matte~ of fact my lmtme going back I'm still fut'tbev back than all of them, of all 8, iachaling the two neighbor's that are not any family member's. MR. CIIAiRMAN. l)(~ you bavc any idea on how much bluff you've lost thc~'e in I'e[~['ClICC to in tile past few year's? MRS. PRIN1CPI. Yes, ill fact I had a ncig'bboP, he was going to a within tho ycaP tho ncigbbop was going to buy the fuethest house west and he bas sh~ce past away so I doll*t have it. But we*ye had this fop 35 year's. Thc house that I have was like 2 feet to tile blaff then, when 1 bm~gbt it. MR. PRINCIP[: (~uite some time ago and then we had that fil'st huPpicanc al~d it undcpmincd al~d thc wbolo shelf calnc down alld we had a gibed gm~wth tilt)Pc too. MRS. PRINCIIq: So in 35 years I'd say we've lost 3 feet under the lmuse and you Polled il awuy under the house and wlmt we did we thought bo tlmugl~t we'd put some until we wet'e financially able to fix it. Wc put some stet] bat's ulldepncath it. MR. CIIAIRMAN: I saw tllilt, yeah. BOARD CLEIiK: Yeah, wc lmve a l)botogpapb you saw that MRS. PRINCIPI. That's w]mt we did too and llci<'e. I don't know if titan we have tllat all Page 60 Regular' Meeting o1' Ap~'il 6, 1~9.1 Soulhold Town Boal'd ~f Appculs MR. CIIAIRMAN. So ytm'l'e pt'oposing 35 feet fl'om tile top of the bar? MI{,S. PltINCiPI. Yes, I'm p~'oposing 35 feet to give me 5 feet away from the eoastal ex'¢Jsion a~d these are all the houses showi~g that thc~'e all so that its nt~l that I'm going to be out of cha~'acte~-. Mil.. PRINCIPI. The 1)EC gave us a, a, what is it, withi~ 30 days we got a MilS. I)RINCII)I. Wt~ g~)l a I)EC appt'oval the fil'st time. MR. PI~INCIt'I. 'l't~ ~'em*~x't~ it off the cliff a~xd put it in a safe place whic. h we ~'ealize ~'ighl in f~'ont of the powez' lines and we put our pier's in not knowing lhal we lind go back to the buildi~g depaptment otho~'wise wt~ would t~f eht~t~kt~d with them finest. MRS. PRINCIPI: Thel~ I mlkt,d with the town attommy. I wpote hep a lettep, she suggt~stt~d Ih;~t they ~'emain ol~e anothop amended fz~om tile DEC and they did it fro' us ~:'ight away and that's when we picked it up. MR.. CIIAIRMAN: Now, is this the ptt~'pose pepmanm~t foundation that this is on now? Thest~ piel'c~s, op is this only a tempo~,apy thing? MR. PRINCIPi: No~ ne~ the pict's at'e dug dow~x was a 3 feet cmm~ete alld wo~po ~'eady to set it dt~w~. MRS. PI~INCIPI: We didn't take it off. We still lmve it on the house MR. CiIAIIIMAN: I saw MILS. I~RINUIP[. Bul ils g~ing to m~ve over' on those pilings that we have thet'o. That will bt~ 15 feet ft'tmi the p~'op line because this is an I{~l{ Zollillg. BOARD (JLEI{K. ll's in a tempm'a~'y spot right now. Pagt! 131 Rt~L2iulap Meeliui.~ o[' Al)vii Ii, 191) 1 Sm;thold Town Bom'd of Alq~etlls MR. CtlAIRMAN. Teml~m'apy pight now. MitS. I)RINCIPI. The llouse, but the pilings are where we want it. That's wllct'~ its stuked out. BOARD CLERK. Is thut 35 feet. Did you mcasut'e when you went out there? Was it 35 MR. CHAIRMAN. Its in the range of 35 feet, I didn't nlcasuve, it. The wind was blowing so hapd I got out of the car and it blew me in one diPection and I came back in the opposition direction. MR. PRINCIPI. Its beuuli[ul if there is no wind though. MRS. PRINCllq: I have some letteps from the ncig'hbors. You know tlmiv all in farm'. They don't mind at all. MR. CIIAiRMAN: ls IhePe anything else you want to lnetltion fop the pet:opd? MRS. PRINCII'I: }Vlm~, what do you need? MR. CIIAiRMAN: Well we'll see ff thepe is any question. MRS. i'RiNCII'I: What I'm tt.yi~g to say is that this location whepe we want to piti il, it woald be financially bcttep fop us at tiffs point in time. And the olIl~l' thing is it, this location wouldn't impose any enviponmcntal distttl'bm~cc whatsocvep and because of tile slmpe of oup lot its vel'y im'cgula¥ lot. To go back I'd be facing evepybody*s backyards and thc main and the main thing but, is going to take away my value Fl'oBi lily watcP fPout and also the plcusul'e of enjoying the watep fl'om lilt back and that's just what I want to stay. MR. CIIAiRMAN. Lei mc just ask you a question. This hepe cottage, this was the coltage that-was ovep, pigbt? So llOW you've moved it ovel, to hel'e. This is whal, lhis is not two cottages on thepe? Page 62 Regular Meeting of Ap~'il 6, 199t Southold Town Boat'd of Appeals MRS. PRINCIPI. NO, no. This is where it was. MR. PRINCIPI. We have an odd piece of property see and the surveyor* put it, we maintained a side lines see otherwise MRS. PIIINCIPI. And this hc~'e is a garage, practically hanging over that bchmgs to thc othm' cottage. Mr. chaimnan. Righl. Now Ihat cottage you own a portion of il, its in the co~'pol'ation .... ? MRS. PRINCIP1. Yes, Ihat's in our cm'pm'ation. MR. CIIAIRMAN: Aud do you own anything else down there? Just that one? BOARD CLEtII{: Tl,'n ym~'~'e on lhis side too, right? MR. CtlAII~MAN: No, he~' b~'olhcr-in-law owns it. BOARD CLERK: Ohl l)~mdnick is the brother, OK, sorry. MILS. PRINCII'i: That's OK. Sometimes the initials ..... BOARD CLERK: Yeah, fools me. MR. CIIAIRMAN: Thm'e's basically 3 in, in o~ arouud the same retatimmhip but you just own the mxe to the west, a portion~ pa~t of the one in the west? Mi~8. PRiNCIPI: Yes. MR. CIIAII/MAN: And af~e~~ you get past your bt'other-in-law evct'ything else has beel~ dct.ded out to other people? MR. PRINCIPi. tlight, Yes. Mr. CIIAiI/MAN. l'm sort'y, what was thc qucstiua? BOARD CI,i~I(K. 'l'he~'e's a l)hotogntph of steel beams thcl'e. When was the steel beams put into I1~ bluff aPea thet'e? Prego 63 Rogulal' Met'ting of Ap~'il G, 1~3~31 8outhold Town l}llil~'d of APt~eals MITS. PRINCIPi. We put that in after the fit'st, you sue, all this damage was done iii tho last yeap, when we hud the fir'st stoi~m but 11o lllllllO S[ol'lll~ I think in Novombov. Mit. PIi. INCIPI. It tmdet'ulim~d see. Then the second stor'm, tire whole shel£ catllt~ dowll. MRS. PRINCIPi. And then the~'e was another stomn in December and I don't know whol~ the otht~i' was. It was thl'ee together. BOARD CLERK. O1,2 MR. PRINCIPI. When we bought the place 35 years ago it was all ba~'e. Then we th~'ew loaves, limbs and then the gt'otmd covo~'ing came in and we had a good g~'owth. BOARD CLERK: So tht~so beams wo~'e put in the~'e around November of last year'? MI~S. PRINCII~I: Vt'~h, 5t~illl. BOAR1) CI, ERK: ()K, lhm~k you. MEMBEII : Ami m~co you put in to alter the building what's ......... on those pile ii,iix'es? MilS. PRINCIPi: I'm nol going to do. l'm just going to do exactly the same ...... . Oh} alloP, [ llavo to illove~ I have to move this bedroom frolll Ollt~ side {o tho ,)thtq' side. ls that what you I110~117 MEMBER : No, you'l'o o'oino' to do a second stopy, o~ getting MRS. I'RINCIPI. No, its sll'ictly a summe~' cottage. Its a its listed as a summer ~esidoixt, soasollal l'esidontial something lire that. MR. CIIAiRMAN. Thru'o's l~ heat or anything in there? Page 6,1 Regular Meeting ef Apl'il 6, 199t Southold Town Boapd of Appeals MR. PRINCIPI. No. We had belly stoves when we bought it and they were all stolen by the huatevs years ago. MRS. PRINC1P1 That's why we put the fence up because they've taken oup couchcs~ our stoves and whatever else. BOARD CLEi~K. Stolen by the hunters! MR. PRiNCIPi. Even tlmugh we allowed them hunting but then some take advantage of it you don't want to, it always happens. MR. CItAIRMAN. That a tough right-of-way to get out of. Boyl I'll tell you. MR. PRINCiPI: I know. MEMBER VILLA: Ih,w do yuu vccomdlc thc diffcecnce em~figupation of the building? Whepc il was it had a wing out to the (sevePal people talking) MRS. PI{INCIPI: Becatm~ ils an RkI{ we had to do 15 feet instead of 10 feet of something likt~ that. BOARD CLERK: Yes, yt~uh. MRS. PRINCIPI: So we lost 5 feet. MEMBER VILLA: But 5'm~ actually can put it on the side whepe its the closest, if you would of left it ovep there you would of had mope MRS. PRINCiPI: Bat llltql lily deep auld evcpything would be dilTct'ent. Thc way we had t~ till it fop some how op othcp. MEMBER VILLA. I jusl cmddn'l figure out wlmt you did because it looks like you ju:4t slid it ever'. MR. We PIIINtJiPI. No, lhal, ~ihat was lhut one bedroom was apapt. No, took il al)aPt. The bedl'oom is whet'e [ had puih'oud ti'acks Page 65 Regular' Meeting ~;f Aln.il Southold Town Btm~'d ~l' App~als ulldet'lleath ....on lbo beach. People thought I was peady to come down but it was pretty well anchored you know ......... Well I knew eventually we would have to move it if there MR. CtlAIIiMAN. Is the~'e anyone else who would like to speak in favor? Anybody against? I see no hands, I'll make a motion- closing the healing vcsct'ving decision until later. We'll kick it around tonight or MRS. PRINCII'I. llow much lurer? Do you have any idea because the other cottages wcl'c a little ......... along the water line. MR. PRINCIPI: Thm'e wtdting for llle to hook up bark to where ...... BOARD CLERK: Yon'mt noi going to ask for the engineer's report? Wc talked t~ the Town Att,u'aey about that before. MEMBEI{ VII,LA: Yes, we did t~sl~ her, she did ask fop it. MEMBER ViLI,A: You haYe wcll watep up thee'e? MI{S. PRiNCIPI: Yes MR. CIIAIRMAN: Now, your engineep past away, is that eom'eot? MRS. PI{INCIPI: We had, we had an engineer that was going to buy the house to the wesl ~md hc did a tape repot't of it, so I asked the lady who was g~dng to buy it to send me if he would ........ and she just called me back thin past week and she said he past away and I just couldl~'l lake ~m aHtdhep expcllso becatls¢ 11o nlattep what he says its God's will. I mean he could say its going' to epode otto foot a yeap, lr God comes alm~g m~d does like he did with these last thpee (Voice unktl~wn) II may nt~vt~r hal>pen. Page ~6 Regular Mceth~g of April 6, 1!)~1 Southold Town Board of Appeals MRS. PRiNCIP1. Or it may uot hal)pea again. I've had it 35 years and I never lust so much. So what is, what is, you know, this engineer going to tull mc? MEMBER . Wouldn't you want to move it back further just in case? MRS. lq(iNCIPI. NO, I d(m't want to do it because i can't afford it right now and 1'11 bc out of character with tile otller properties al'oluld there alld it d(~esn't warrant it because wllell tile time is right I would like to put a new honlc there and I, 1 just can't do it at this time. BOARD CLERK: lIow much more is it going to cost fop you to nlove it back? MRS. PRINCIPI: Oh! 1'11 have to do everything all over again. have to do Iht pilings aver, I'll have to do the cesspool, I'ye got to do water lines. MR. PIt[NCIPI: The piers are all ill. MRS. PI{INCIPI: Ihn ah'cady into this project, its just being silly thing witll $400 val'iunee l)crmit, DEC permits. Pm hlto it ahnost $13,000 for' a shack. MR. PI{iNCII'I: I lhink if my house has to go, I tllink tile otller 5 cottages al't~ gObl~:~ lo ~ MRS. Pi{INCiPI. II wmdd .jllal be out of ellaPacter for IIIO to put a IIUW ]lolllk~ il~ Illel't~ wbcl~, w[Icll Ihcrc ail so bad yotl klloW in pepaiP. BOARD CIAdliK. llow long bare lhey been there, about? MRS. PIilNCIPI. We've owl~td it fop 35 years. Page 67 Regulal' Meeting of Apl'il 6, 19!)1 Southold Town Boucd of Appcals BOARD CLERI,:. So its bccn thc~'c ln'obably 35 year's bc~fm'e that too, Hght? MRS. PIilNCIPI. Yeah, [ think a Me. Williams from Southold ...... , he had it quite a while. BOARD CLERK. Thanks. MR. CIIAIRMAN. Tlmnk yott. MRS. PI{INCiPI. What is 1)~'occdta~e now? Do I eall~ o~' how long of time so I can go back and tell thc other's? MR. CIIAIRMiXN. Why dm~'l yotl call us. BOARD CLEIiK: In a day of two, pl'obably F~'iday. MR. CIIAiRMAN: Yeah, call tts F~'iday, MRS. PI/INCIPI: Thank you, thank you vePy much. BOARD CLEIiK: Yotl'l'e wclcolnc. MR. CIIAIRMAN: Thank you. BOARD CLEitK: They have Iht lock off thc gate. The chain is off too you said ~qghl? MITS. Iq/INCiI'I: Yeah, actually we took the lock off alld {he chain wasn't locked. BOARD CLERK: OK. MR. PRINCIPi: Thc chain was Ul) but MRS. 1'1/INCIPI: S~ then wt~ said lets take the chain hoille so somcbotly doesn't pul it up thinlqing, but also 1 just want to ask you, it isll't that WtJI'C imlcing f'm~ ii val'iallct~ fop SolllctJlhlg that we want to do, it was just natm'c thai is for'ting us into all of this and I think that shotlld bc lalqcll-illto colmidct.alion at this time. MR. CtlAIRMAN. Thank you. Page 68 Reguhn' Meeting oF Aln'il 6, 1991 $outhold Town Bom'd (if Appeals MR. PP, INCIPI. Good nigbl. BOARD CLERK. Good night. MR. CItAIRMAN. I see no hands again 1'11 make a motion closing the heaping r'cscuving clcciMtm until Iatep. All in favor? MEMBERS.. Aye. 9:25 P.M. MR. CiIAIRMAN. Appeal No. 4228 in behalf of Vietop and Gall Ret'isi, as cunlPm'l vendees. This is a pcquest fop a vapiance based upon the Building hmpectou's Mapch 15, 199,1, a copy of a 8Lll'vuy in'educed by Robeut Van Tuylc, P.C., tile parcel has a llotch boat slip appl'uxJnlale]y tlcuuus fuUlil Mauinc Place, closes poPtion to the puupuscd deck i:~ 35 fecl and its 53 feet fi'urn the 1)poposcd house. I have a copy el' Ibc Soffolk Cotmly Tax Map indicating' this and suppuunding pl'upeulies in Ibc tll'c~l. Would you like to bc bcapd Sip? Ma'am? Both of you? GAlL RERISI. Fro' the applicmtt ..... as cont['act vmtdces. This is a pequest fei' vauiance fop t'clief ft'um the 75 foot setback pequil'ed fop both headed l)rupeuties l)Ur'suant to the Zoning Code, Section 100-239.,1B. Bcfoue 1 go m~y fupthep I want to give to the board consents that wept oblained ['l'uul the two adjaceat ppopcpty OWllepS to thc subject l)l'ellli:iea. BOARD CIJ~I/K: ~¥e baxc urn' ~)[' tlmm ah'eady. MRS. I{Ei{ISI. ()K, y~nl Ilax'e llle m'ig/nal, OK. '['ht~ subject p~'emiscs knuwn us 800 Snug Ihu'buu Road~ East Mm'ion, a/k/a as Suction 35, Block 5, l,ot 37. Thc subjecl ln'emises cmmists of a lot 26,500 sqtlapo feet in size, ovep 10O fetFt of which is balkhcadcd ppupcpty. Thepe uuc l)i'actieal difficullius wilb lhis lot in placing u dwelling within Page 6'3 Reguhn' Meethtg of April 6, 1,394 Southold Town Board of Al/peals tilt* envelope on a lot o£ 26,500 square feet. Due to tile unique character of thc subjl,ct premises aud tllis consists of the inlet which you refer to with the boat slip. The inlet is 60 feet wide, tile property and further more tllis inlet on ally of the property along the MR. CIIAIRMAN. I kno~v why too. MRS. RERISI. Do you? MR. CiIAiRMAN. Yeub, developed the properly. 60 feet deep and 35 feet wide and tiffs inlet intrudes into is unique. It doesn't exist because it belong to tile OWller who fei' the l}rOl)(/~4cd deck, but fop tile inlet we would be able to COll['or[ll, theI't~ Wotlld bc Till pl'oblelll. [ klloW we submitted pictures with lin! al;p!icaliolt bul just in case there not readily available I MILS. RERiSI: Oh, OK. Well in re'der to verify that I have a copy of the filed map and ils m,p number 3521 which dates back to March of 1962 and it sbuws thc sttbjcct premises as higlHighted, now offered as an cxlfibit. Tlmt's thc only one there with that notched inlet. MR. CIIAIRMAN: Yes. MRS. RERISI: The l'clicf that we're requesting here tonight is not substantial. Thc l)t'opt)~ed dwelling inclusive of the deck has variable setbacks from thc btdkbcad. Tbel'c's a maxit~ttnl of approximately 90 feet and a tape is down to a miuimum of 35 feet. That's inclusive of the proposed dwelling and the deck. If you measure just to the proposed ]louse to (lie btl]kheodillg (bell yeti have a nlaxilntun setback of appPoximatc, ly 115 foci llq;cPing down to a minimum of 53 feet. Now the minimum t4ctl)m.k t)[' 35 ['cct ollly occtlps at thc base of the inlet Pa~e 70 Regular Mectin~ ~1' April 6, 19UI $outlmld Town 13{~ard ~1' Appeals have pictures of the inlet takcu from Gold Pond, llarbor Road and on tile l'everse ail aerial view premises indicated. MR. CIIAII{MAN. This is a magnificent piece of property. MRS. RERISI. We think so, that's why we're here. OK, l~ot substantial change ill tile noigllborbood also. taken from Snug with tbe subject tllere will be In fact, in rescarcldng it, lbcrc are other propel'tics ill tile ncigbbm'hood alld which such relief bas Deell requested and bas bceu received and rather titan go Iln'ough with you know a verbatim list I'm reading it to the board. Again, effcr as au exhibit, it's just a partial list. This is a list of other prupcrtics in the at'ca that relief has been requested and again als(~ iudicatcd on tim filed map. Tlm subject property is in m'angc and Utc other olios ape in yellow. Also, previously according h~ ibc Board of Assessors Record, there has been a pm'mit issocd m~ this pt'operty and its pcmnit number 42,137 and tllat's for all accessol'y building and this permit was granted back to 1969 and there's also a picture in the files of the accessory building and it was located right at tho base of the inlet. Again, another exhibit. Mosl importantly there are 11o other alternatives to placing thc proposed dwelling ou this lot. The DEC is requiring us to stay 75 feet away ['rem llle soutlleast COrllOr of tile subject promises. Once you try altd pul lbo proposed dwelling or all envelope outside thai 75 fool at'c wc arc now in conflict willl ibc 75 foot. setback fi'mn thc bulkhead aad il~ilill, but ['or [bat rc~iuiremcnt we would be able to comply ou all cellllls bul ~'e just, we can't but for the inlet. If tho inlet wilsll'i [llel'e. [f il was just slraigbt across there would bo 11o l)age 71 Regular Meeling ()[' Ajn'il 6, 1991 $outhold Town Board ()f' Al)reMs problem. I mean on a piece of property this size we're just framing into a problem oil where to put it. MR. CiIAIRMAN. l'm enly p~'esupposing something before you finish. MRS. RERISI. Sure. MR. CIIA1RMAN. Why didn't you place the dock on that side of the house. MR. RERiSI: Thc deck is, by the way this is a proposal rather than have to come baek to thc board at a later date this is probably going to be the deck pu~ in eventually, but the Peasen we did that it's just ami envclope and its jaM, you knuw we stayed within the 75 feet is thc at'c in hel'C I't)p Ihe 75 feet from lhe .......... Mil. CIIAiI~MAN. I see. MR. I{ERISI: OK, so wc wanted to kec1) it ill there and then you know we took this point to the pl'eposed envelope fop the house. The house is not going Io be that big. It's just and envelope so that we dollar have to cOlllC back to the board at a future date I'Ill sUPe yOU know we are W~ing t{~ want tt) put a deck eventually, but thcpe still is over a 100, well 90 feet from the deck to the actual canal. Which is again, which is just a pm~pusal we have there we'll wm'k with the board, bul I didn'l wahl to bare to come back here a year from now after we built the house. MRS. RERISI. Bul H, it gues right back inlo that arc because the DEC is telling tis Io slay out of. That's why ils on that side. MR. RERISI. It ~as, it w~s like juggling, 1 mcan trying to get this thing Io work. Pa.ge 72 Regular Meeting of April f;, IIP.)I Southold Town Board of Apl)t~als MI{. CIiAIRMAN. l, I don't wtmt to collfuse you in youp presentation, you wept doing a gl'etli job. Continue. MilS. t{ERiSI. Obi O1~. Now, lastly I would also like Io poiut out that' it doesn't impinge Ul)m~ thc health~ so safety or welft~pe of othees aad in fact w~ lnlvi~ autho~'ization from the Town Trustees to build a ouc family d~*cllil~g trod this just came the othcp day its permit number' 1300. MR. CIIAIRMAN: Thank you. OK. Bob, you want to ask some questions? MEMBEII VILLA: Wt~ll, I have thc same questions. You have a building cnvclopt~ there that's ,10 feet dccp~ 115 feet across, I don't have a pt'oblcm with that envelope being 53 feet fpom tho boat base, I can under'stand that but I can't see why thc deck couldn't be position where it will also be 53 feet. MR. RERISI: Well, tht* problem is if you take 53 feet and you scale it, you don't have anything left fop thc deck. MEMBER VILLA: Tht, ditek could bt~ put on the north side as lap as that goes. MR. RERi51: You slill gel to stay out of that 75 feet. MEMBER VILLA. No, no I'm talking you could even have that, you MR. IiERI51. No, its going to be a garbage. That's whct'c the gat'age is going Io go. [x'ht,u it x~us opiginidly shown that was wpong. There's going Io be ~1 ~i~l'i~gl* al thq~ t'nd of the house. You want 53 feet, you can see whtn'c it bl'ings il 7 yoa't'e almost into the 75 Foot at'e. Page 73 l{cgulaP Meeting ~f ApPil 6, 199-1 Southold Town Bom'd of Al)peels MEMBER VILLA. Well, who's dictating that 75 foot ape? The ........... is basically disturbed land. MRS. RER1SI. The DEC and in fact thm'e's a letter in with the application whct'e the DEC is givii~g us p~'oliminapy appt'oval as long as we stay outMde the 75 foot cipcumfopenee. BOARD CLERK. Yes, yes, we have it. MR. RERiSI. The DEC is really you know with the 75 feet it just messes evepything up. Mit. CIIAiRMAN: Now, Ibis ln'opet'ly is fo~ you guys, pight? MR. RERISI: It's fro' us. Gall and I. She, she is just betteP at opganizing lhings. MEMBEi{ VILLA. We just went tht'ough two othcps and you know we wept pumping fop 18 feet. MR. RERISI: Well, well we had, we have one here whm'e a vaeiance was gt'anted in that uame community fop 40 feet and again we'pe not asking, it's 90 fct4 f'¥tm~ Ibc bulkhead and it's just because of that inlet. MEMBER VILLA: I l'calize thal. MR. CIIAIRMAN: Let mc just ask you a question. Do you think that thcpc may come a time when you might pathcp l)ut a cement slab? MR. RERiSI. [lcpc's the lhing with a cement slab aud that could vePy well be. lluwevcl', alJd with a CClllCllt slab thcs'o's a llattlpol gpade going down st) obviouMy thc cemtmt Call'l be oll all allglc. Its got to bc elevilled. MEMI3EI{ VIIA,A. Thal's W~ill [ WOS saying befope, yott'~'e still going to have .... i'agc 74 Re,olaf Mcc(in~ (Il' Al)ril G, 1991 Soutllold Town B.ard of AppcaI,~ Mit. RERISi. You know where not and just even if you look at where that deck is proposed il's still within the building lille of all tile other houses. [l's slill 90 feet there. You know we're not building beyond, ils just MRS. RERISI. In fact, it's set back from the house to the north position to thc l~ortb o[' it. MR. RERISI. If yoo look at Koch's house on that thing, ill tile back of Koch's house ibc dcek is, only sticks prebably maybe 8 oP 9 feet beyond Koch's house. That's the building line nt~xt doom I had the surveyor put it on bore. Again, I)m llOt trying to) I) I kllow what you're saying and I appreciate what you're saying. MEMBER VILLA: Can you do away with that boat slip? I mcan some of that bulkhead looks like it needs repair already. MR. RERiSI: Some of it is going to nccd some repair, but no, to start filling in, I lhink ibc DEC will .... . MRS. REI(ISI. I dolt'l wald 1o, Ob! My Gudl MR. CIIAIRMAN: Jttsl for thc history of the parcel, the parcel bclongs~ belonged at om) timc~ never bclongcd~ it was developed for Mrs. Scbwarlz, I Ibiak is thc daughter of Bern and Teddy Kaplan who developed thc property and they had two boats. One was an attorm,y alld tile olbcr {)nc was a CPA and tllosc boats were kept Oll that slip all (.be (imf> Ihcy lived ia Centcrcacl~. MR. RERiS1. Wc have a l)icl, tu'c, wc have a pictttrc bore ~f a boat, of a boat in a slip. BOARD CLERK. That cotl~l be it, I don't kllow bceatlse this dates back to I think, thc seventies. Page 75 RegttloL' Meriting of April 6, 199t Southold Towll Bout'd t~[' Al)pt~als MIt. Ilk;il. ISl. Bttl, I mc~ol~ as ['ap tls tile notches apo concct'ned MR. CllAIRM~N. Their' ['iL'st development was in Mattitttck, then they went Io this e~t~, lllc llttxt Olio they did. MI{. RERISI. 'l'In~l's why we fell in love with it because of that notch and this to mc is, yeah that's goil~g to be a petit'emcnt hottso fo~ us, MEMBEI{ WILTON. Ii' yotl lined up the decks then there is part to be thc water yeu d~'axv o linc between your two lleighbops' decks would you be ..... . MR. REi{ISI: 'l'ht' nt.ighbot' dees not have a deck. Koch doesn't have a deck next door', Iht~l's thc back of their house. That's the actual back of their ht~tlse ired theil' hoasc extends even beyond that. The bottse is like I,-shapt~d~ just, just that one cop~xcp, the south corner, thole llousc is, doesn't even confm'm. The comber of their house is less thall 75 fct~l to il. MEMBER Wli,TON: ....... f'tll'lh~2at back. That would be BOtkllD (iLl'iRK: Tllel't~, tht~l'c's a list in thct'c. ----some of them al'e setbatd~ to iht' Ii(~tl,.e~ illld liltS}' Wel'e I~(;t fop Vilri[lllCCS~ they were MR. REItlSI. 1'111, l'm clt;at~t, [~ Iht stl'cct, i did that not to ...... up there. Wu wot'kraal on it illld we tried to ttlld tholl tried to COil[Otto Mi{. CiD~IIiM~N, I1 ia a glmtt,. Yeoh, a game of ntunbcrs. MRS. RERiSI. /~t,ll, il's just in view of thc ['act thc size pt'opcpty and to pill il a r'elatix't~l~- mt~dest llotlse ill tbcpc it's unbelievable thc pi't~blcms wt~'pe l'llllllillg into in placing it. If it drew an arc of PaGe 7(; ReGulal' lXltttttinG ¢~f :\p~'il f;, l!Jgl Southold T0wu Bo;ll'd o[' App~;lls 75 feet ft~om thc bulkhe;~d and 75 feet from tim otbcv we would bave room fox' a lean-to right ill the middle. I mean that's a shame, but some of tile othtn~ properties from the bulkhead, if it goes feet fl'om tile bulkhead and I don~t think indicated the footage back down. There's one I think that's is 32 it Goes tip to 50 feet, there's one 40 MR. CIIAII/MAN: RiGhl, ycuh. MEMBER VILLA: The pl'~,p,~stM deck is 20 by 10. MI{,. tIERISI: That's, thut's just an envelope again. All I did Me. Villa was pul ~111 enveltq)e ill. I [lleall~ I'll welcome you Oll that. I have no problem with MEMBER. VILLA: I'm just t~'ying to maximize bx'iefly ou the report before the ..... MR. RERISi: No, m,, but wc have 90 feet. We have like 90 feet hel~e. MEMBER VILLA: OK. I dm~'t lmve a pt'oblem with tbat. I don't have a pl'oblem with 53, I have a pt'oblcm with the 35. MR. RERISI: What I did was ....... . The house is not going to be any whePe heal' that, but it's going to be placed somewhet'e iix ther'e you know and tbeu tht* deck you know I can't move it this way because of this ar'c. This, lhis 75 foot a~'e is fight MI~. CIIAIRMAN. Whal h~qq~t'ns if we put a diagonal on the deck on tba~ side MEMBER BOB. Thai ;;ill bt~ lithe, lley, if I cfm go ,t8 feet to the othe~' two, i emdd live with s;m~t~thing like that. You know we got 58 feet in Ilie neighbot'h(*(~d [(~t' this. ~ago 77 Regular' Mootin~ t~f April ~, 1991 $outhold Town Board o(' Appeals MRS. REII1Si. Tho md5 thing is I, I motto l'm, I'm not at necessarily adorn'so ~o lho diagm~al, but again, if I could distinguish this from the provious applicatitnm Ionight, whorcas I think for the most part those proporty linos i~ thc bulkhcadil~g' ran straight across and it was .10 foot oP .18 ['oot mm't~ o~· loss cvollly across the property here but fol. this {a~o cOrllor. I lllcial wo~ [11 eXCeSs of tlle 75 ~eet,alld that's tho ln'oblcm. MR. CtlAIiiMAN: Righl. MRS. RERISI: Agai~, wo're not necessarily advorsc but I'm, I'm just distinguishing this to tho prior applications. MR. CIIAIRMAN. Oh, yoah, thoro's, there's a more uni(lttC ..... to this of l~rOl)ctqy, thcs'o's no quostion about it. You'l'e absolutely MR. RERISi: My.pi.ob[om is wc~rc rulnlin~ into a time problem with, W¢'l'c tllldor cmltract Io btly this property ill. Mil. CIIAIiIMAN: 1'II giro 5'ot~ a dccisimi tqght now as soon as he MR. RERISI: OK. MEMBER VILLA. Woll what can they live with? I mcan, you know you dcok which is huIAo. MR. RI'iRI~i. It',,4 nt~l 14t~ittg Io bc Omi big. MEMBER VILI,A. which is huge. BOARD CLEi{K. dock of d0 by 20. That's 800 squal'o £oet for a 115 by 40 Thoy say thoir flexible. MEMBER VILLA. OK. Pag~ 78 Soul bold Town MR. RERISI. Thc deck, I think is 18 Feet. MEMBER VILLA. It shows, I scale it off at 20 because there's no dimensions. MR. RERISI: It should be I think it's 18. Maybe it's 20. Can you let me go 15 feet? I nlig[ll llol even build this deck. I mcan I just bef'e so I don't have te pay another' $100. MEMBER V1LI,A: Well, ltlal, that's why I wanted to addx~ess it at this point too~ so lbat Mil. RERISI: Nu, I ilppl*ccialt* that. MEMBER VIi,LA: [~'c doe'l giw~ oac var'lance and thinx come back fop MR. REi(ISI: 1 don't wahl to do that. MR. CIlAIRMAN: i~hy don't you make it 45 Bob for the unique .... ? MEMBER VILI,A. Make ii 15 ah'ighl. MR. CIIAiRMAN: ~¥c'11 gix'c yuu 15 and thou you know. MR. RERISI: Can I just show 5'ua what 45 dues in that. MR. CIlAIIiMAN. I undct'~tand, I know it dues, but I'm suggesting that you clip Ibc dcc:k uP at least sume way get creative because tbct'e~s 11o view in that dil'ectimi anyway. MR. RERISi. OK, si) if I do .10. MEMBER VILLA. Yutl'l'C lit>rise might not be~ you're huuae might not be .10 ['eel deep. MR. RERISI. No, n~), mighl n~*l be. It might MEMBER VII,I,A. 11 mighl bc 3G m' 31. 10 is au avcl'age [louse~ you'['e l)icldng up dislanc(' Illcl'c ~)o. Page 79 Regttlat' Mcctiag of Apl'il 6, 199,1 Southold Town Boat'd of Appeals MI{. REI{iSI. Wc't'c ovel' hope. If you take .15 feet, lhis is 50 that's ,15, ~'ighl? Lt~t~k what it dries, look at. thc afc, I mcan if you ~'t*ll ibis lhiag a~'otmd it, MR. CIIAIRMAN. Yeah, but I was suggesting you migl~t do, you migh~ is you migh(, you might put you might cut a scallop out of this and pul thc stail'~ay g~dng in hcrc o~· g~ing down MI{. REIliSI: You Willll Illc to cut out a whole com~c~' l'd be mot'c thall happy to. MR. CIIAIRMAN: to comc~ but at I'm jtml. You know this may all chal~ge ill, in yeai~s lcasl we have some figut'c tonight, because I don't want you to go [l~v[l¥, you know we're fighting ovc~' a deck which is ~eally something that's going to be built in the future. MR. REltlSI: Can 1 take Otll, Cilll I take out a cOl'lief O11 that deck if it's a[l'i~hl with l]ll~ b~*~'d? I/ight out of Iht com~m~ how about taking Oil[ a Illilybc i) Ily }) ()ill ()1' thc cmqlc~' by just lock out that COl'lief? MR. CIIAiRMAN: Well that's g~)ing to be the same thing'. MEMBEI/ ViIA~A. h'{~u making this distance the heal'cst the neat'est MR, REIIiS[. Yeah. MEMB EI~ VI LI,A. MI~. REI/iSI. Whal l'nl saying is if we can do this --- If we cm~ just lock out a c'om~m' like Ibis? BOAI/I) CI,ERK. k'c'1.c giving ym~ a buildil~g c~vclopc that yotl can wo~'k ill, that's all, yml can change MR. RI~RiSI. Yeah, Ihal.'s ~vhal MEMBER VILLA. I don't even knmv if. you designed your' house yet. Page 80 Regular Meetiug of /u~ril ~;, 1991 Sotllhold Towll P, oacd (:4' l~ppcals MR. RI'~RISI. [ haven't. I can show you pictures of what I want. MEMBER VILL&. So you cnd~ you elld up now with an envelope and you design a house and a deck lo fit in there. That's all you do. MR. RERISI: OK, Call we~ lhell can we agree on taring out on the eomxer of the proposed deer 9 by 9 just to ....... frmn that side over there7 BOARD CLERK: Thel'e going 1o giw~ you a setback. You're going to get the setback. It's probably a t0 foot setback. (All talking at one time) MR. REI{ISI: XVt?Il ncgotii~tc for 40 foot setback if it's ah'ight with the board. MR. CIIAIRMAN: OK, txbosc making that motion7 No, no structures any clo~cr than 11 feet. BOARD CLERK: /Vho, who made the motion? MR. CI1AiRMikN: Bob? MEMBER VILLA: Yeah, I'll inldiu Ihe motion. MR. CIIAiRMAN. Thank you. MEMBER i'll sccun(I MR. CIIAiRMAN. All in favor? ALL MEMBERS. Aye MR. CIiAIRMAN. Have a lovcly cvellhlg. MRS. RElllNl. Thimk you. (All talking ill ellc time) 9:t3 P.M Mr. CII&IliM~XN. - ...... [:l'allk R. Zaleski, whom i've known B()AI{I) CI.EI{I{. l"l'illlk Zale=,ki. Page 81 Rcgulap Meeting' of Appil 6, 1991 Southo]d Town Boal'd of Appcals Mil. CIIAII/MAN. Apt~cal No. .1229. This is a ccqucst foe a ZBA pc'¢Jcw alld dctcl'lnillatJoll cold'iplllillg alld pccognizing this vacallt lot as exists with Htmcln~['ol'nlJllg' al'ca width, depth, Apticlo XXIV, Section 100-2tt of thc Zoning Code, locatim~ of tile ppopcpty, Lot ~11 on 1965 l"ilcd Map ~)f Dccp tlolc Cecck Estates, a/k/a i100 Thc~'csa Dpivc, Mattituck, Cimaty Pal'ccl ID 1000-115-13-, (MP. Ctlail'llltlll tllld B()AI/D CI3~RI{ discussing) MR. CI1AIRMAN: OK, Mup drawn May 2, 1585~ Roderick Van Tuyl P.C., lot of 100 x l~G vtu'iabk~ und a copy of the Suffolk County Tax Map indicating lifts aad stu.t.ounding propc~'tics in thc area, assuming this is thc piece, one of thc pieces in back of his house. Is that corpcct? OK, you'pc on Mps. Mom'e. PAT MOORE: OK. l"ipst, l'd like to say hello to evecyone. This is my first clnlllCC lo [1c bcl'lJl'c u buard aftcp being thc Public Sector---. Ilm'c I am. Ileal MR. CIIAIRMAN. Mi'. l)~)~tql wulltcd to klloW what yeti iiicallt by that? Don't yell l'ClllClllbCl' l]lu bard lime wt~ used to give this nice lady? MEMBI'JR DOYEN. Yeah, I know, that's what I said. PAT MOOiIE. Thal'~ l'ight alld I missed you so much. Mil. CIlAIIIMAN. It's fmmy, we don't miss him. PAT MOORE. Yeah, btll il ~tls nolhing compapcd to sitling on that Mdc of thc po~nn. OK. As the pnpcps described we ape uadcr contpact pight now und 1 have a copy of thc fipst and lust pugc of the COlltl'act, il'l'clcvalll l)Ol'liims, MP. Zalcski, Mr. a M~'s. Zaleski ape selling to a Varily, Scolt-al~d Patty Vapity. Thc ln'opepty, the lot, there is a sales pi'icc {)f $15,000 and thut COlllract wus Inla/e subject l'a~e ~2 Regular' Meetin~ .f' Apl'il 6, lguI Soalhold Town B,*al'd ,~[' /\ppculs to confipmutim~ Ilml lhis is a buildablc lot. When we did a single slid sepat'atc scutch il appeared that there were common~ points of commm~ ownct. Mfip, no ['ault of the Zalcskis, it was inadvertent once and I thing the affidavit states very clearly that once when the properly a Mr. Zuleski was divm'ccd thc divorce attm'acy conveyed the pt'opevty with both l)at'eels on one conveyance and thon again back when Mr. ZalekM mam'ied the second wife she passed away and by opcrution of law Ihe poinl~ were in 1984 and then in 1990 wlmn Edim Zaleski died the ln.opcrty by was of Exeeatop's Deed ended with Mr. Zalcski. Those two points c~'~ated the question that the buyers wanted some insul'ance that they wm.e buyiug this buildable lot. When you look at, if you've gmie to take a look at the property nlally of you, many o[' Iht b~,apd members are already familiar with the propel'fy you cra{ sec lhal it is back-to-back to the pm'eel which is in fact thal lhe Zalcki:s afc living iii that, that has ti hmme on it is ii doable size psi'cci, m' ahm~si double what this lot is and this lot 11 will call it iht sabject pa~'cel aelually backs up to about half of the Zaleski l)at'cel, hi addition, the propct-ty has bemi ll{ailltaincd with a ['once. The properties have both been maintained with beautiful luudacupc. All ef the ltaidscaping has been kept very nicely, ltowevci', Ihey'vG always been intended to be remained sepaPalc. MI'. ZalcM*i, all altalg threagh the COl/Veyallee and this ppopcPl, y dales back It~ Mr. Zaleski's father that the same fi~'st llallle but different middle iniliul fpoln 1913. So, since 43 this property has bees ill the family. Beth pPepel'tics where bis wife alid be lived as well as this lot. What else de we have? That is, that that's Page Regulap Meetinl2i -F Apl'il G, 1991 Southold Town Bt~ta'd of Appeals e~scnlially thc p~)in( I Wallt to l'aisc. The Pest of the docttlllcntation l)rctly math cla~'i['ic:~ what I said a ['ar as thc chain of title and the difficulty in common owm,t'Mfip. My understanding is that the board has recognized the subdiviMons in thc past. This particular map COllies ft'olll July 7, 1966 subdivisim~ which is known as the Map of Deep llolc (~l'cclq EMatcs. Thc date ['ilcs up to subdivision map and it was ct'culcd by the Planning Boat'd in 65. If you have any questions Mr. & Mfs. Zaleski ape hct'e and I have a copy of thc front and back page of the contt'act fop youv r'ccopds to show that the property is under euntPact and wuuld be significant hardship if the property was not recognized. MR. CtlAIRMAN. Thank you. I dun't have any specific questions. I alii pm'fectly CUglliZilllcc Of the entil'e subdivision of that e['a so Oll and so fol'th. 1'11 aM< anyb~dy Mfs. Mum.c? MEMB[';II VII~I,X. (~tlc:ql[ml, lhal else if they llavo ally qucstiolls of ~voul(l, tirol subdivision was actually illCOl'pol'ated a piece (d' it a~ ii11 Otlt parcel? PAT MO(OIiE. k'cll, W}lill hal)pt~lled was Oil the, thc whule ar'ca was owned, all of that a~'ca was uwned by Mr. Zalcski's fathcp, lie first subdivided tn'ira' lu Ibc l'hmnin~ Buat'd being in ct'cation, lie created the pal'cels xxhich hi:4 h~mse sils on, so that was their fil'st parcel thell, Iht, thc, Mr. ZMe:dd's /'illhcl' Iholl Well[ [o thc lqailllillg' Board and subdivided thi:4 pa~'/itulap lot as pal'l of the subdivision al)pPuvcd u[' in 65. St~ they c~ma~ ['pum two sepm'atc dcvclupmcnts. MEMBER VILi,A: (hw, m~c p~'cdatcs in .t3 to 65~ [ was just cul'ious as how it becmnc pal't o[' a ['ilcd ump. Rcguhu' Mcclil~g of Ap~'iI 6, 1!)93 Southold Town B~acd of Appeuls PAT MO(.)Ri:~: t/ighl, MEMBER VII,LA: Obi. MR, CIIAIRMAN: ,lira? MEMBER DINIZIO: No. I huvc no ln'oblcm at all. MR. CIIAiRMAN: Yeah, who wunts to make a motion. MEMBEI{, WlI/I?ON: 1'11 make thc motion. MEMBEI/ DINIZIO: 1'11 second it. MI/. UIIAIRMAN: All in laxm'. ALI, MI,;MBERS: Ayl~. LI~. LF RECEIVED AND FILED BY THE £OUTHOLD TOWN C!.F~aK DATE /,/~. /~/ HOUR ~.