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HomeMy WebLinkAboutZBA-07/14/1994 HEARING~PEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Half 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD July 14, 1994 (7:30 P.M. Hearings Commenced) P R E S E N T: HON. GERARD P. GOEHRINGER Chairman SERGE J. DOYEN, Member JAMES DINIZIO, JR. Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board Page 2-Hearing Transcripts Regular Meeting of July 14, 1994 $outhold Town Board of Appeals INDEX APPLN.# APPLICANT PAGES 4250 4252 4251 4235 4253 4254 WILLIAM and HELEN CHILDS DENNIS R. and ANN L. BANNON MARILYN J. MORSCH KIM FALLON and CYNTHIA SUTRYK JOHN and MARY WISSEMANN DEPOT ENTERPRISES, INC. 3-9 10-11 11-14 14-26 26-34 34-42 Page 3-Hearing Transcripts Regular Meeting of July 14, 1994 Southold Town Board of Appeals Appl. No. 4250 - WILLIAM AND HELEN CHILDS. Variance to the Zoning Ordinance, Article III, Section 100-33C based upon the March 29, 1994 Notice of Disapproval from the Building Inspector for permission to locate accessory garage with reduced front yard setback(s) on the corner lot. The subject premises contains a total lot area of approximately 30,500 square feet and fronts along Brushes Creek, Peconic Bay Boulevard, and Mesrobian Drive. Street Address: 1780 Peconic Bay Boulevard, Laurel, New York; County Tax Map Parcel No. 1000-145-2.1 (prev. 1 & 2). 7:30 P.M. (The Chairman opened the hearing and read the Legal Notice and application for the record.) MR. & MRS. CHILDS appeared and spoke in behalf of their application. CHAIRMAN GOEHRINGER: Now, this is a rather extensive building that you are planning right? It exceeds the height requirement that we have in the town? BOARD CLERK KOWALSKI: No, actually it doesn't exceed it because-- CHAIRMAN GOEHRINGER: It doesn't exceed it because we're taking the average of the roof line? BOARD CLERK KOWALSKI: I explained to them that the Board could restrict the height and that may be a problem for them. MRS. CHILDS: Well, it's really to match our home. We wanted it to be good to the yard. We want it not to look not like a garage, per se. We figured this would at least match the home. Page 4-Hearing Transcripts Regular Meeting of July 14, 1994 Southold Town Board of Appeals CHAIRMAN GOEHRINGER: What utilities will you be placing in the garage? MR. CHILDS: We would have a boat, a ride-on tractor, or a trailer. A couple of cars. We have older children so we would extensively use it. They have cars also. CHAIRMAN GOEHRINGER: So you would really have electricity only? Or would there be water in the garage? MR. CHILDS: Right now, we're only using it for the future - just electricity. I don't see any water although I might have to put in water if we wanted to have a heater, for the winter. CHAIRMAN GOEHRINGER: All right. We'll see if anybody has any questions. Bob, do you have any questions? MEMBER VILLA: Why do you want to heat a garage? MRS. CHILDS: He has a work area. MR. CHILDS: Work area, off one of the bays, and if needed, to put a furnace in there. CHAIRMAN GOEHRINGER: Does anybody have any objection to the placement of this building where they are placing it? MEMBER VILLA: Yes, I was wondering why it couldn't be moved back, because basically it's a front yard. We say front yards can be built in, but it's supposed to be front yard setbacks. Which means the setback from Peconic Bay Boulevard would have to be, what -- MR. CHILDS: Forty feet. MEMBER VILLA: Forty feet. I looked at the trees - there are a couple of oaks there, but basically they are in line with your building and you could move them back and build behind those oaks. Page 5-Hearing Transcripts Regular Meeting of July 14, 1994 Southold Town Board of Appeals MRS. CHILDS: But it'll be centered in the middle of my front yard then. I mean, if you see how my house is. It's a very irregular lot. Two lots put together. And my front yard would with the garage really right in front of my house. It's almost your rear yard with the way your house is MEMBER VILLA: built. MRS. CHILDS: re-did the house, I know. That's the only way we could --when we the only way we could put a main entrance because the old house had no main entrance. The main entrance was facing the water which was not good for us because we lived there all year around. And the people that were there were just summer people so they only used that access, but as far as where the garage not interfering with my house, it's kind of pushed to the side, and it would be in the middle of my lot. I would lose-- MEMBER VILLA: Well it would make more sense to put in on the south side then. MRS. CHILDS: The south side, next to-- MEMBER VILLA: You would be more than 100 ft. from the water because you've got a lot line over there of over 200 feet, so I don't see where the water plays into the-- MRS. CHILDS: Well, I'm more concerned - the reason I wanted it by Peconio Bay Boulevard was really because of the noise from Peconic and the lights from the headlights when they come from the west, do hit the house - the front of my house and this could be a protection where it would hit - the lights would hit the garage and protect my house, Page 6-Hearing Transcripts Regular Meeting of July 14, 1994 Southold Town Board of Appeals MEMBER VILLA: Yes, but there are setback requirements for a reason. Aesthetics, and you have the open vista, otherwise if everybody built next to a road, we have corridors going down the roads. MRS. CHILDS: I understand that. But as I said, it's just -- I know our neighbor had gotten a variance for his garage too, across the water from us. And he has his garage, I believe, approximately 12 feet off Peconic. MEMBER VILLA: I just think it can be put in a better place. That's my view. MR. CHILDS: The area where you're talking about south side, is heavily densed forest with these big oak trees. And we didn't want to lose that for shade and these things are I guess 50, 60 years old. We'd have to take all this down. That was another point. But -- MEMBER VILLA: But there is an open space in the yard right in the middle that you could -- there are two oak trees there, but you could place this where it wouldn't bother either one of them. As I say, that's my view. It's up to the Board. CHAIRMAN GOEHRINGER: Ok, is there anybody else that would like to speak to these nice people? MEMBER DINIZIO: I have to agreed with Bob (Villa). We changed the law for that reason, to give people relief, and you know, maybe 40 feet is out of the question, but certainly 30 feet or something like that, in my mind, looking at the property wouldn't be out of the question. I just think that -- if you're open to us giving you some alternate relief that would be, you know-- Page 7-Hearing Transcripts Regular Meeting of July 14, 1994 Southold Town Board of Appeals CHAIRMAN GOEHRINGER: The question is similar to the hearing that we had prior to this hearing. Do you want to go back out there and take a look at it and do with anything? BOARD CLERK KOWALSKI: CHAIRMAN GOEHRINGER: some measurements again prior to coming up Is it staked out? Yes, it's staked out. Very nicely. MEMBER DINIZIO: I just feel like the last time I got into a negotiating situation, and I really didn't feel comfortable in that situation. I mean, if you would like to stake out an alternate spot where you could be happy with it, I mean, I'll come out and look at it. My preference would be though that I really don't discuss any more with you than the position of the stakes. Because the last time I got involved with the people and you know, it's nice but it's not fair to the public, when we're trying to hold a public hearing on something for me to go speaking to applicants about why he needs his garage. But I'll certainly come out and look, if you try to get it closer to the setbacks that are required, and with what you can live with, I'll certainly come. MR. CHILDS: That sound reasonable. Fine. When would that be? Within the next month or so? Or within -- MEMBER DINIZIO: I'll come any time you want me to come. If you call me up and tell me that you're ready when you call Linda up, I'll come that day or the next day. I have no objection to coming and doing the extra work and seeing-- MR. CHILDS: We went a little bit also by what we saw in the area, and that's true of both -- there's a neighbor to our west who has a garage bordering almost right on Peconic Bay Boulevard, and we have a Page 8-Hearing Transcripts Regular Meeting of July 14, 1994 Southold Town Board of Appeals neighbor across the street. He's 10 or 12 feet, I believe, off that. But why don't we - my wife and I survey it and maybe reposition it, and see what we can live with and hopefully we won't banter with you with regard to, you know, if you come up and say gee, if you give me two more or argue with me --. MEMBER DINIZIO: No, I won't give, no, I'm just going to look at it. I won't do that. I won't put you in that position. I'd just appreciate it if you wouldn't do that the same with me and if you feel that the setbacks, you know, that you know you have existing setbacks you may want to talk to the Building Department about it. Point it out to him. Maybe you know there is some relief in that respect that there's already established setbacks and you have, I mean he may interpret it that way. If you want to point that out to the Building Inspector. Again, I wouldn't be comfortable doing that myself but if you say your neighbors have garages as closer if not closer th~n what you're asking for you know, there may be some way for him to interpret it as you know there's an established set back there and a you would need relief. (Discussion between the Members). MR. CHAIRMAN: Let me just clear that up for the record. The house that you're referring to, a medical doctor use to have his actual practice in that house and that was during the fifties and sixties and I think he finally retired around 1972. That house preexisted zoning. In reference to the across the street Judge Mercorella's house, that really was the only place he could place that. He could have gone a little deeper into the property, closer to the bridge, closer to the, but they had such a flooding problem down there that he wanted to keep it as Page 9-Hearing Transcripts Regular Meeting of July 14, 1994 Southold Town Board of Appeals close to Edgemere Drive, Road, whatever that is, that little private road there, and that didn't make sense, OK, so there was, that's quite different in uniqueness. I understand the set back was 12 feet and so on and so forth but based upon the December 9, storm of 1992, I could see the reason why the placement was absolutely perfect cause that garage did not flood out during that time when we had that really severe high tide. I think you owned ttie property during that time. HELEN CHILDS: Right. MR. CHAIRMAN: I mean your property is much higher. HELEN CHILDS: Yes, we ( ). MR. CHAIRMAN: I mean it's an absolute magnificent job on the house. So, I think that would probably be the best thing to do and have a couple of us come down right after you come up with a figure, you know, toss it around. WILLIAM CHILDS: That's fine. That's agreeable. MR. CHAIRMAN: Is there anybody else who would like to speak at this hearing that may not be here for August 11, concerning this. See no hands I'll make a motion recessing to August 11, 1994. MEMBER DINIZIO: Second. MR CHAIRMAN: All in favor. MEMBERS: Aye. Page 10 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals 7:48 P.M. MR. CHAIRMAN: Appl. No. 4252 - In behalf of DENNIS R. and ANN L. BANNON. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, based upon the June 16, 1994 Notice of Disapproval from the Building Inspector, for permission to locate proposed addition with an insufficient rear yard setback. The subject premises contains a total lot area of approximately 12,300 square feet and is a corner lot. Location of Property: 855 Mary's Road, (a/k/a 645 Hamilton Avenue), Mattituck, N.Y.; County Tax Map Parcel ID No. 1000-140-2-1. I have a copy of a survey from Robert Van Tuyl P.C.. The nature of this application is a porch or deck within the front yard area and I have a copy of the Survey County Tax Map indicating this and surrounding properties in the area. Officer Bannon how are you tonight? Would you like to explain to the Board what you're doing there. DENNIS R. BANNON: What we would like to do is put a porch to the only side of the house that doesn't have a road on it. I'm on an unusual situation. It's going to be approximately 16 feet from the south side, 6 feet from the north side and about 30 feet across. At a future date I possibly like to enclose it as possible. It would be a hardship for me to sit, to have according to the 30 some odd feet from the, my neighbor's property, which is Frank Swiatocha, next door because it would not give me sufficient room to park my vehicles next to it which we've used as a driveway. I spoke to Mr. Swiatocha and I also gave him legal notice that what I'm doing and he has no objection to it. But I would like to put the porch on. It's something Page 11 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals I'd like to have for my family, myself. I would like to of July but we couldn't do it. MR. CHAIRMAN: Let me just ask. Are you goipg to have it 4th put a full foundation underneath it if you anticipate in closing it sometime in the future? DENNIS BANNON: I would in the future. I would have a full foundation but no basement. MR. CHAIRMAN: No basement. Regular cross basement? DENNIS BANNON: Yeah. MR. CHAIRMAN: Does anybody have any objection to Officer Bannon's application? There is definitely a true hardship. There's no question about that. Is there anybody else in the audience that would like to speak for or against this application? I see no hands I'll make a motion offering it be approved as applied for. (See Board's findings and determination prepared under separate cover and included in Resolution and Minutes of the Board.) 7:56 P.M. MR. CHAIRMAN: Appl. No. 4251 In behalf of MARILYN J. MORSCH: A variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, based upon the June 6, 1994 Notice of Disapproval from the Building Inspector, for approval of an "as built" wood deck addition with a side yard setback at less than the required 15 feet and less than the total side yards required at 15 and 20 feet. The subject premises contains a (conforming) total lot area of 40,409 Page 12 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals square feet in this 1{-40 Low-Density Residential Zone District. Property Location: 630 North Sea Drive, Southold, N.Y.; County Tax Map Parcel No. 1000-54-5-16. I have a copy of a sketch of the floor plan of the house and the nature of this application which is the south west deck which is approximately the closest point 5 feet from the property line. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I understand Ms. Moore that you are representing the applicant. PATRICIA MOORE: Good evening. I'm Patricia Moore from the law office of Moore & Moore, 315 Westphalia 1{oad, Mattituck, N.Y. I have for the Board before I begin a letter that I received from one of the property owners on the north side Blanche Seibert. She sent this letter back in June 16. I have that for the Board. I also have an affidavit by our secretary. We received a telephone call from Mr. Demos who is the south side property owner. Both of these people are adjacent property owners and he spoke to my secretary and advised her that he had no objection to it and rather than me telling you that they spoke I have an affidavit by Margaret Rutkowski who is my secretary. I also have for the Board, I mentioned in the papers that the cost of bringing this deck into conformity would cost approximately $3,800 and I have an estimate from Ratsey Construction which Mrs. Morsch got back in April and for the Board's information. As my papers point out the removal of this deck would result in a practical difficulty for Mrs. Morsch. It would result in a five foot deck along this property line on a north, south. That property is completely backwards and it would result in an unusable deck that Page 13 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals would remain. As you saw from your inspection of the property for those of you would, all of you who've gone to see the property the house is setback 400 feet from the road and it is unique in that respect that it is such a long narrow parcel and the house, the Demos house which is a the same size as the deck would be the variance request is setback maybe 200 feet from the road. So there is a substantial vast undeveloped area that is the, really the side yard that would be effected. So the effective of this deck is insignificant to the adjacent property owner. It also }floes conform to the character of the district if you drive around Sea Drive, North Sea Drive it almost looks like the same contractor built all those decks. There all very similar material and size and this deck would be conforming with the character of the area. If you have any questions. MR. CHAIRMAN: Is there any anticipation of enclosing the deck? PATRICIA MOORE: No, not to my knowledge. MR. CHAIRMAN: Does anybody have any questions of Ms. Moore? MEMBER VILLA: Why is this coming up at this time? Are they selling the house? PATRICIA MOORE: that the contract, They were in the process of selling. I'm not sure I, I don't. She's not a client, I'm doing just the Zoning Board application, so I don't know all the details about it, but my understanding is that one of the deals may have fallen through because there were no Building Permits for this deck. Apparently when she had done the renovations back in 78, she thought she had submitted Building Permits for it and she recalls Page 14 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals filling out the paper work and sending it off, but apparently it was never, it was never completed so my, the facts are very ( )., it's back from 78, so at this point now all the decks are being brought into conformity and as far as building, CO's go and this was the only one that, that had a problem with a variance. MR. CHAIRMAN: Let's just see if anybody else. Is there anybody in the audience would like to speak in favor or against this application? Seeing no hands I guess we'll make a motion closing the hearing reserving decision and we'll kick it around later. PATRICIA MOORE: OK, thank you very much. MR. CHAIRMAN: Thank you. BOARD SECRETARY KOWALSKI: Who would like to second that motion? MEMBER DINIZiO: Second. MR. CHAIRMAN: All in favor. MEMBERS: Aye. 7:58 P.M. MR. CHAIRMAN: Appl. No. 4235 KIM FALLON and CYNTHIA SUTRYK. Re-Hearing pursuant to Resolution of Board of Appeals adopted June 13, 1994 to reconsider and rehear appellants' variance application under Article III, Section 100-33, based upon the April 4, 1994 Notice of Disapproval from the Building Inspector, to locate accessory building/use in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, N.Y.; County Tax Map Parcel 1000-94-2-5. It is a request from the applicants to rehear the case Page 15 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals based upon a specific element in the decision. We are talking about a 5+ acre parcel, correct me if I'm wrong. The nature of this application was element number 2 of the decision which says "the accessory barn is limited to the storage of two horses." More than that would require a reconsideration. Just state your name for the record if you would. CYNTHIA SUTRYK: The misunderstanding was that according to the Board we felt that we thought we were trying to ( ) a horse farm. A couple of ( ) for profit only. The reason for this barn which is only 22 x 24 is for personal use only, to house horses. That is the excess we would use for this. We have no intentions of starting any type of a business whatsoever. The reason for wanting to put it in our front yard is because we have 5+ acres and we are on a private road and our front yard because of the Soundview Avenue is the actual front of our house. The misunderstanding of course was for the limitation of horses. We have five people in the house and it's only for personal use. We feel that with the original hearing that we have had, it was noted by the Board that you can have 180 plus animal per acre. We felt that in the second hearing we didn't have to ask for a no limitation. Basically what we're asking for is a like no limitation, just for the principal of the whole thing really. We are not like animal abuses. We will not put 20 horses into this barn. We will not even put l0 horses into this barn. Even going down, 5 horses would even be too much to put into this barn. But, we just feel, just like to reiterate the principal of the whole thing is we're trying to put a cap on what we can do where as if we had put Page 16 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals it in our back yard we could put 20 horses into this barn. I really don't want to keep going but I think I really should only ...... MI{. CHAIRMAN: I just want to say that when a person .requests a specific thing that's what the Board usually grants. OK, and the discussion that we had in the prior hearing was that you were anticipating having two horses. CYNTHIA SUTRYK: At the time. MR. CHAIRMAN: Yes and that's what was couched in this decision and that's and so. I should point out to you and this wasn't pointed out to you. That this Board in the inception that I've been on it which is 14 years has granted three use variances which does not effect this. I think we granted four rehearings and this is the fourth one. So I'm just telling you, so you're being aware then. CYNTHIA SUTRYK: I thank you for that so I won't even continue. The only thing is really that we just don't want to have a cap on the horses and we do say we will not abuse any of the horses and not overdo anything cause it is a ( ) safer and we are building a nice big house and putting a lot of money into it and we really don't intend to do anything wrong with the property or to hurt anybody else in the surrounding area or any place else. That's the only thing I have to say now. MR. CHAIRMAN: Thank you. Is there anybody else would like to speak in favor of this application? Is there any comment from the neighbors ? DAVID DiSALVO: At the first hearing Ms. Sutryk presented that she wanted to barn two horses. When this first started way back before Page 17 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals the foundation was poured and I met with Ms. Fallon in the back yard and she discussed horses with me and that the barn would be in the front yard I asked her how many horses and she said one. Then, I said is that's all? She said, "well we might get another one". Then we had the hearing and they requested the barn to hold two horses. Subsequently when they we tried to reach a compromise with them they mentioned that they wanted to ( ) a pony. That the ) room would now hold a pony. We compromised and we said OK, if you want a pony, two horses and a pony. What Ms. Sutryk is, is not considering is that if the variance is denied and if it's in the back yard, yes put as many as she wants, but they won't effect us like they would if the variance is granted. We have to deal with the number of horses that will be corralled near our property. The barn is very close to our property. It effects two of us, Mr. Lavegiia and myself considerably and we do have what we think a legitimate concerns as to what their contents is that which comes now for a rehearing based after the Board will vote and adopted resolutions on June 13 or June 8. BOARD SECRETARY KOWALSKI: June 13. 13 was the resolution for a rehearing you're talking about? MR. CHAIRMAN: The actual decision. BOARD SECRETARY KOWALSKI: The actual decision was June 8. Right. MR. DiSALVO: We thought that this was going to be now just a question that she wanted the ( ) pony, not that she wants no limitations whatsoever. It doesn't speak well of their intent. I Page 18 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals should mention that in all of this they have never approached us with their intentions or sought to reach compromise or to allay any of our fears without what could go on out there. In fact, the opposite has been true and that's one of the reasons why, why all three neighbors got so concerned and that now she's saying that she wants no limitations worries us even more. I would hope that the Board would stick to the original resolutions they adopted and if they want to grant her the additional pony I, I see no logic to not wanting limitations unless there's some ulterior motives. The barn is, was set to hold for two horses and maybe a third then I don't see the problem. I also would like with respect to those resolutions that were adopted some of the wording seems to be a little unclear and I thought that we could change if the Board feels it would add to the clarity the Board feels conflict and in number 2 it says "the accessory barn would be limited to the storage of two horses. More than two horses would require a further hearing" Would that mean a new application so that we could be notified? BOARD SECRETARY KOWALSKI: Yes, a new hearing is a new application. MR. DiSALVO: Could it be stated that it would be a new application. MR. DiSALVO: Number 3, "any and, all storage of manure." Today I spoke to a Rick Meyers of the Department of Health Services and he said, most of the problems they have of horses has to do with odor and fly infestation and usually they, he recommended to me that an occasion home owner should tentatively seek something in the way of Page 19 - Transcript of Hearings Regular Meeting of July 14, 1994 Southo]d Town Board of Appeals odor control or fly infestation control. He suggested lime and burying the manure. Number 3, it says, "and, and all storage of manure shall be disposed of in a proper manner." That seems to leave it up to the discretion of the landowners if they want to in fact store it which would mean putting it away for future use. If we could have that worded any and all manure shall be stored and disposed of in a proper manner so as not to cause odor or fly infestation or other adversity to neighbor landowners I think that would help us out and avoid future conflict make it more clearer. Number 4, "there should be no riding instructions by the landowners". It would be helpful if the word "or others" or if there could be "there shall be no horse training services or riding instructions, such as a riding type academy type use to non residents at the property", that would make it kind of clear cut. Also in number 5, "there is no easterly boundary." The applicants at the last hearings said there would be an easterly boundary cut back 100 feet which would take it to approximately 200 feet from their easterly line. If that could be included that's probably the most important to cut the boundaries there since that pushes it, it, our concern was that corral would be, because of the wind directions sweeping up from the south all the time, from the south east, it would send any flies or odors right into our back doors. So, the more west it is, the more it goes out on a diagonal and it misses their pool and their deck as well. BOARD SECRETARY KOWALSKI: You're north of the corral right? MR. DiSALVO: I'm north of the corral. Page 20 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: And east would be the other the other direction? MR. DiSALVO: East would be their b?undary of the right-of-way.that goes down. Maybe it was just an oversight. BOARD SECRETARY KOWALSKI: Well, who's on the other side, on the east side there? There aren't any houses are there? MR. DiSALVO: No. MR. CHAIRMAN: No, it's a farm. BOARD SECRETARY KOWALSKI: Nobody would be disturbed on the easterly side then, right? MR. DiSALVO: We would be. BOARD SECRETARY KOWALSKI: You're on the north though. On the west, north westerly? MR. DiSALVO: Yes, but the winds comes up from the, I could show you a diagram if you like, but the wind would be sweeping it in our direction from the south to the more west it is. The winds generally come from the south, south east and they blow up across the fields and then at night they change and they come up from the west and they kind of blow the other way as the sound moves down. There's always wind. In fact, when Bush is out there plowing his fields we can get its smell diesel come right along there so we were concerned about that. I'll give this to the Board. I don't think in all of this we're really asking for anything unreasonable. I'd like to close then. From the beginning considering that they've been so adversed to any compromise or unwilling to talk to us on other things I don't think what we're asking for is really unreasonable. We, we are Page 21 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals saying, they put the foundation without a permit, OK, you can have that. They wanted one horse~ we said OK~ two horses, we said OK, a pony, we said, fine. What we're asking for just to protect us in our property values and our rights to enjoyment, given the fact that they are seeking a variance which effects us, I mean would be very detrimental to us given the particular nature of that land, and our land, if they could have no limitations. Thank you. MR. CHAIRMAN: Is there anybody else that would like to speak against? Sir, how are you tonight? MR. LAVEGLIA: My name is Demetrio Laveglia and my wife and I own the property adjacent to Ms. Fallon and Ms. Sutryk. I believe on the map it's labeled Kalvaris. We sent a letter recently to the Board. I was wondering if the Board received it, dated July 7. MR. CHAIRMAN: To my knowledge, yes. MR. LAVEGLIA: In the letter my wife and I explained that being the newest neighbors in the area we tried for several months in conjunction with other neighbors and at the direction of the Board,' to arrive at a compromise with Ms. Fallon and Ms. sutryk. This was at considerable time and expense for us and they have displayed no willingness to compromise. To stand on that letter I would just like to state a few facts as background. During the meeting of May 4,Mr. ( ) suggested that we discuss this matter outside the Board. After some discussion, Dr. Hariri suggested that we meet that weekend. Ms. Sutryk said that they were going to Florida. Dr. Hariri then suggested that they inform us of any convenient time to meet. I'd like to impress upon the Board that they never did. Also~ in my Page 22 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals hand I have a six page letter which Ms. Fallon mailed to my wife and myself and it's dated May 10. In that letter she says and I quote "the location of the barn was chosen out of the best ( ) interests to all." I just want to impress upon the Board that at no time did she ever ask me nor my wife if we felt that this structure in her front yard, close to our deck and our pool was in our best interest. On May 10, decided for us that it was in our best interest. We feel at this time after months of trying to come to some compromise and not being successful that this time we have to oppose this variance. MR. CHAIRMAN: Thank you sir. The Board has spent a substantial amount of time on this particular hearing and gratuitously we granted the rehearing. I have no further questions of anybody or anything. We have enough testimony from the last hearing to make a decision and we do appreciate your coming in there's no question about it. So, based upon that unless somebody wants to speak I'm going to make a motion closing this hearing. MR. DINIZIO: Yes, I just want to ask one question of Mr. DiSalvo. You said you read our decision evidently, obviously and you would be willing to grant one more pony? MR. DiSALVO: That was our understanding that --- MR. CHAIRMAN: That was my understanding. I spent an hour and a half with these people two weeks ago on a Friday afternoon. MR. DiSALVO. It was our understanding that they wanted a pony and I said OK. A pony is a small horse, it's not going to produce that much more manure. We don't want to play hardball and be nasty. We did all ready that any hardship that they're claiming is self Page 23 - Transcript of Hearings Regular Meeting of July ]4, 1994 Southold Town Board of Appeals imposed. They chose to place the house where they did and really this hardship is not a legal point of view. I think either unique or truly a hardship that they inherited with the land. They knew, just as we knew when we purchased our properties that there was a front yard and that it would have certain limitations on it. That was part of my guaranty before I purchased my home. I spoke to Melissa, I spoke to Tom Fisher, he knew Ed Zanowski, ( ) previous and he told me and I asked him, you know I could be hurt here because their property surrounds (). He said you have nothing to worry about, there's zoning laws, just go down, oppose the variance if they seek one (other voices being heard). I'm sure they knew that as well. I mean we're not asking for anything unreasonable. I think your limitations I think are in order. MEMBER DINIZlO: OK. I just wanted to. MS. SUTRYK: I just have one thing to say. We did not know that that was going to be our front yard until after we decided where to put our house. We have called the Town several times before we even purchased the property. Several times to find out if there were any problems whatsoever in having horses. They said the only problem you could have is if you try to start a horse farm you have to have ten acres. They never said anything about a rear yard. I'm not condemning them whatsoever, but I am just sticking up for one thing that they are saying. There are several other things I'm sure I could say, but that's the only thing I wanted to. MR. CHAIRMAN: I just want to ask you two quick things. The corral area is still the same as you had anticipated. Page 24 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals MS. SUTRYK: The last time, yes. MR. CHAIRMAN: Yes, the turn out area is still the same as you had anticipated? The approximate size of the stalls and the building are still the same? MS. SUTRYK: The building is exactly the same and if we're going to add a pony whatever we would cut that up and put him in wherever or (). Nothing else has changed. We understand that we would have to come back for another variance and pay for that also. We don't think that you would have to rehear on the same thing. We understand that we have to pay for the same amount when we apply. We have no intentions of doing anything and I have other names also, adjacent owners to Hedgewood Farms, Dr. Andresen, and the Big E, and also from Cornell Agricultural and Cornell's ( ) Bergman in charged of Animal Control. He would like to have their numbers, their names. They said there's no problems with anything as far as the Environmental concerns, ( ) whatever, for anything like under ten horses there's never really been any problems. MR. CHAIRMAN: We've had substantial hearings on horse farms. We have recently had one last January in Orient so we are aware that situation. On horse farms, you know, not horses used as domestic animals on specific parcels of property. So you know, there is a degree of knowledge in that respect. I just want to know. You have not purchased any horses at this point? MS. SUTRYK: We own one horse at this time. MR. CHAIRMAN: You own a horse and where is that horse housed now? Page 25 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals MS. SUTRYK: He's at Hedgewood Farms. MR. CHAIRMAN: He's at Hedgewood. What do you intend to do with the manure? Is there any anticipation of what you're going to do? MS. SUTRYK: We have spoken to Mattituck Sanitation and they have various contacts back and forth and we have spoken with Hedgewood. They said there's really not that much of a problem to get rid of the. Right now we don't know what we're going to do with that. We have no intentions of keeping a big pile in our acreage. We definitely have intentions of either giving it away or we will have to cart it away. The guy in Mattituck, he said, it really should be no problem in taking it some place. MEMBER DINIZIO: So you won't be storing it on the property? MS. SUTRYK: No, not for any length of time, I mean we're not going to get rid of it within that day, but you know as it get to a pile then you can get rid of it. We might use it for a home fertilization if we have a garden. No, we have no intentions of storing it for any purposes. We really don't have any use for that. MR. CHAIRMAN: All right. The reason why I asked you about, I'm sorry about this, but the reason why I asked you about the size of the stalls is mainly because the granting of this building in the front yard is limited to the size of the stalls and how many horses you can put into the building. So, I understand what you're saying now that you're looking for an unlimited cap, but based upon the size of the building and where it's placed, this is regardless of what you build in the rear yard area and so on and so forth, but you really are limited the amount of horses based upon the size of the building. Page 26 - Transcript of Hearings Regular Meeting of July ]4, 1994 Southold Town Board of Appeals MS. SUTRYK: I understand that. Oh sure, the building I guess you, I guess it's a square, I guess you can max it out at four, but then where would you put a tap room too, but if we had to put like an extra horse there for and put a ( ). I don't personally see us having any more than say three, two, two point five whatever you might want to call it. I don't really physically think that we could do more than that but the point is that we're building say a $10,000 structure, I mean at least give us the max on that structure then, like it's basically what I'm asking for. I mean ten horses, yeah, that's ridiculous. I mean if we ever tried to do that I could understand why the Board of Health would come and take them all away and take them some place else, but I mean at least give us the maximum on the building. With that amount of money that we're spending on it, I guess just the request is for the maximum. OK, then we would come to a variance if we someday, you know continue from there. MR. CHAIRMAN: All right. Thank you. ever get into really riding Hearing no further comment I'll make a motion closing the hearing reserving decision until later. MEMBER DINIZIO: Second. MR. CHAIRMAN: All in favor. MEMBERS: Aye. 8:23 P.M.t. 2 MR. CHAIRMAN: Appl. No. 4253 - JOHN and MARY WISSEMANN. Variance based upon the June ]6, 1994 Notice of Disapproval from the Building Inspector for permission to construct accessory garage building with an insufficient front yard setback at 580 Clearview Page 27 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals Road, Lot No. 49 and part of 47 on the Development Map of Cedar Beach, Southold, N.Y.; County Tax Map Parcel No. 1000-90-4-11.1. The subject premises is a waterfront parcel containing a total lot area of approximately 45,000 square feet (including low land subject to flooding) and is defined as a corner lot fronting along Clearview Road and a private right-of-way to the north. I have a survey produced by Robert Van Tuyl, P.C., dated April 13, 1994, indicating the approximation of this particular building 24 × 24 is proposed appears to be a one story structure approximate 12 feet from the right-of-way which is shown as a 50 foot right-of-way, but it really is only probably half of that in reference to actual width and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. BOARD SECRETARY KOWALSKI: We have a couple of letters in the file, Mr. Chairman. You may want to mention who they are. CHAIRMAN: One against. BOARD SECRETARY: None against. BILL KELLY: I'm Bill Kelly representing the Wissemanns in their absence] It's actually John and Nancy, I think you have in reference to Mary in the agenda. Their only concern is that they really have no other location to put the building, and the only reason for that is looking at the survey you can see the location of the cesspools, septic system, yet they can't go over top of them, and the other that they're faced with of course is tt~e wetlands, and the fact that it's a waterfront piece of property kind of lends itself to a waterfront needs basically that the front yard be considered part of the yard Page 28 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals and () water. On same cases that is the case. I don't know about this case, probably I should spell it out. In some cases you can select whether you want road side or water side to be your front yard. But anyhow, in regard to that, the biggest problem they have is they're really is only one location to put that garage and as a residence, I would think they would be entitled to a garage. CHAIRMAN GOEHRINGER: This is going to be a butler-type building? MR. KELLY: Well, it's a morton-type building. Morton is alot better. It's not necessarily as big as the steel building. An example of that is Koster's Funeral Home (Cutchogue) is a Morton Building. It's a building name, it's not necessarily a -- CHAIRMAN GOEHRINGER: Morton-type building? Isn't the cycle shop (CR48, Peconic) a MR. KELLY: It is a Morton building. So there's a wide degree of Morton buildings, from the farm structure to residential, garage and residences, we've built quite a few residences in the Hamptons and Koster's Funeral Home. The concern right now isn't necessarily what the structure is as much as the location of the structure. CHAIRMAN GOEHRINGER: Well our concern is that in granting a structure of this nature in the front yard area, we would want it to Page 29 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals conform to the jungle-type, because it really is a jungle-type of atmosphere. MR. KELLY: I think their intentions of some of the letters they've written, they're intention is to camoflauge the building by doing plantings that wlil grow over the top of it. Whether it be wood side, steel sided, or other type of side. The building structure itself is a wood-frame building. CHAIRMAN: The skin is -- MR. KELLY: The sking is whatever they choose. Currently the skin has been chosen to be a steel skin, and it would be of an earth-tone color, a brown color, and I have color charts that you can choose from as far as that goes. But they're total intention, the letters that they've written to go opposed to the Zoning Board, they seem to be ( ) to camoflauge the building with a trellis and plantings. It wouldn't matter what was on there. CHAIRMAN GOEHRINGER: I thank you for staking it because it certainly made it interesting trying to find it. There is some concurrence in reference to what you're saying in reference to placement, you know. I do feel badly because I did read this letter Dr. Bleifeld and I am aware of his concerns in reference to its closeness to the right-of-way. Page 30 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals BOARD SECRETARY: There's another -- CHAIRMAN GOEHRINGER: Yeah. Right. BOARD SECRETARY: Wissemann -- another letter there from Mr. and Mrs. CHAIRMAN: I read that. SECRETARY: They mentioned that they spoke with Dr. Bleifeld. CHAIRMAN: Does anybody have any questions of this gentleman? MEMBER VILLA: The building is 24 by 24. Does it have to be that big? MR. KELLY: It's a two-car garage. Which basically a two-car garage, if you figure the dimensions of a car, typically a car is actually six or seven ft. wide, usually anywhere from 16 to 20 feet long. And if we put two of them side by side in the garage. If you look at most architectural plans or pre-fab plans of any type of two car garage the dimensions are usually somewhere in the area of 20 x 20, 24 x 24. BOB VILLA: All right. While I was down there I noticed that there is a shed attached to that concrete wall. It's about five foot deep. Are they going to leave that there? Page 31 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals BILL KELLY: I think they are. It's shown on the survey. MEMBER VILLA: Yes, I know. BILL KELLY: And all that's really used for is bicycles. I know they keep their bicycles and other miscellaneous stuff in there. I would assume, I would assume that there going to keep that there ( ). MEMBER VILLA: All right. The distance between that shed then and the stakes that you have there are ten feet. BILL KELLY: Right. MEMBER VILLA: Can that garage be cantered somewhat so that, I would think if you cantered it so that there is a 5 foot distance between that corner which would be what, the easterly corner I guess you'd call it, it would be 5 feet from that shed. Actually it would turn the front of it so that it would be accessible to the driveway. BILL KELLY: Yeah, I see at that point there's actually no dimension there and I do have it staked out. MEMBER VILLA: Yes, it's about 10 feet, because I --- BILL KELLY: Yeah, and our concern, our biggest concern in staking it out, the reason we staked it out the way we did was the cesspools. MEMBER VILLA: But it could be cantered that way which would pick you up another 5 feet from the roadway. BILL KELLY: Yeah, we found the first cesspool, the second one is located on the map, but I don't think we found the cover out there, the diameter and stuff but yeah I think THAT"S__. MR. CHAIRMAN: Do you want to give us an idea of where that location is so that we can ...... Page 32 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals MEMBER VILLA: Well, that 12 foot dimension, if you increase that to 17 feet you'd be just canting that garage around a little bit so that you'd be picking up the distance from that corner. MR. CHAIRMAN: Yeah, but wouldn't the corner of it, wouldn't the corner of it then be right adjacent to the storage building? MEMBER VILLA: No, it'll be 5 feet. BILL KELLY: For accessibility. Around 5 feet for an existing building which the, the, that's the area that we have the difference to fit this thing and however we can put it in there. I'm sure that they wouldn't be opposed. MEMBER VILLA: In other words what I'm basically saying is that you were asking for 12 feet, if we made it 17 feet you could live with it. BILL KELLY: If we can get it, yeah. MR. CHAIRMAN: All right. Thank you. This is a one story structure, is that correct? BILL KELLY: Yeah, that's a one story structure. MR. CHAIRMAN: And it will assume, nothing else? BILL KELLY: No electricity. MR. CHAIRMAN: No electricity? contain the utility of electricity I BILL KELLY: No electricity, not anytime in the future. MR. CHAIRMAN: Good, thank you. at this time, but I don't think Is there anybody else would like to speak in favor? In favor, yes, how do you do ma'am. HILDE MICHEL: I'm hoping to show. I used to live on Cedar Beach. I live on the Main Road now. I want to read you a short piece out of a Page 33 - Transcript of Hearings Regular Meeting of July ]4, 1994 Southold Town Board of Appeals letter I just received today. "Also plan to add additional evergreens to fill in any visual gaps. Also suggested by John is a trellis on the sides of the building to grow the same ivy which is covering our house." Their interest would be to have it green, not to have some building. Esthetically~ they would not want anything that didn't look well down there or that it would detract from the so-called jungle. MR. CHAIRMAN: Yes, I shouldn't, I shouldn't really of used that, but I tell it like it is. MRS. MICHEL: I used to weave down there, that why we .... MR. CHAIRMAN: I should point out to you that in, with concern of neighbors and in the years past in decisions, we always say that the color of the building, OK, is something that we don't necessarily legislate or really can't, but we asked for a color which is conducive to the surroundings and that's basically one of the phrases that we would use. MRS. MICHEL: Am I right that this would be an earthly color building? BILL KELLY: Yes, an earthly color building. MRS. MICHEL: And he proposes to erect lattice work and let the ivy go up and --- MR. CHAIRMAN: Which would steel building because then only make more sense than make it a it won't rot anything. Thank you. Anybody else in favor? Anybody against? Seeing no hands, question? CHARLIE MICHEL: I just have one point, Charlie Michael, former neighbor of John and Nancy Wissemann. You spoke about cantering it around but since the apex is the closest point to the road and Page 34 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals obviously as you get further from that corner it falls away at 45 degree angle, if you canter and it's not going to fall away on one side at a 45 degree angle, you're going to, you have more of it would be exposed. This would be optinmum placement, viz-a-vis road and anybody driving down the road. MEMBER VILLA: You gain five feet. MR. CHAIRMAN: We are with the opinion that the building is going to stay approximately in the same position except that we're just moving that one corner over closer to the storage shed, is that correct? MEMBER VILLA: Yeah, it might swivel a little .... , which should make the doors more easily available from the driveway. MR. CHAIRMAN: OK. Hearing no further comment I'll make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. 8:35 P.M. MR. CHAIRMAN: The last hearing of Appl. No. 4254 - DEPOT ENTERPRISES, the evening is in behalf of INC., Variance is requested under Article VII, Section 100-71C (ref. 100-31C-4, 100-33) and under prior variance determined May 11, 1993 under Appeal No. 4157, for permission to modify the northerly yard setback for an accessory ball court. Location of Property: 320 Depot Lane and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. Page 35 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals 1000-102-2-12.1. Subject premises is zoned Residential-Office (RO) and contains a total lot area of 1.6+ acres. The nature of this application is the change of area that is taken away from the volley ball court with the erection of the weight room. In our prior decision we indicated the approximate width of the green area around the volley ball court. When I refer to it as green area I'm referring to as scenic easement, all kinds of phrases that we use concerning this nature of the application is to encroach within that so as to square off the volley ball court and the phrase could be elongated in the opposite side. I do not see Dr. Lizewski here tonight and I would entertain if the Board has any questions, you know we can reserve this and request him to be here. BOARD SECRETARY KOWALSKI: Recess it. MEMBER VILLA: I have a question. Due to the limited space there and not being much of a volley ball player, how can you have two volley ball courts right next to each other, in games of progress at the same time? I've seen volley balls, the balls are all over the place. Why don't they just limit it to one court and they won't have the problem that they have. BOARD SECRETARY KOWALSKI: We'll have to ask the applicant those questions. MEMBER DINIZIO: Yes, I don't think that's our problem, that's his problem. BOARD SECRETARY KOWALSKI: No, that's right. MR. CHAIRMAN: I'll make a motion to recessing it to about 9:05. MEMBER DINIZlO: I'll second it. Page 36 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals MR. CHAIRMAN: All in favor. MEMBERS: Aye. (:05 p.m. Appl. No. 4254. DEPOT ENTERPRISES, INC. Hearing reconvened from earlier this evening. MR. CHAIRMAN: Dr. Lizewski, thank you for coming in. There was a question by Member Villa, concerning the size of the volley ball court and we realize that the nature of this application is merely the area that is being taken away from the volley ball court for the purpose of building the weight room is then putting that portion on it on the opposite side which we refer to as the northerly side. Is that correct? DR. LIZEWSKI: Yes, that's correct. MEMBER VILLA: Joe, I'm just wondering, you've got two courts there, couldn't you reduce the one court? I mean, the two games go on at the same time. Volley ball is an action game and I can't see two games going on right next to each other at anyone time anyway. DR. LIZEWSK][: Oh! No, they do, it's a league. They play, the games are short. There only 11 point games. MEMBER VILLA: They couldn't reduce it down to one so that you know, we look like we're giving them, you're giving something, and you're not being you know. DR. LIZEWSKI: I mean that's possible, but I, I mean it's not a, you know the amount of sand and to move it over to one corner is, it's not, it's not like you're putting a building on it. Page 37 - Transcript of Hearings Regular Meeting of July 14, ]994 Southold Town Board of Appeals MEMBER VILLA: Yeah, but --- DR. LIZEWSKI: And half of and most of that sand is ]0 feet around the whole thing that not even used. I mean there's a quarter of sand around it. Courts are much smaller than the actual sand pit. MEMBER VILLA: But you're actually going into that buffer area that we had said we would, we're trying to buffer you from the neighbor, right? DR. LIZEWSKI: Yes. BOARD SECRETARY KOWALSKI: What is the setback? MEMBER VILLA: That's the problem. We were looking to try to buffer that. Now you're taking that buffer away. BOARD SECRETARY KOWALSKI: What is the new setback Joe? Is it 16, 16 feet to the new setback, or is it 18 feet? DR. LIZEWSKI: It's 16. It's not a, well, you know, the actual size of court, I could actually pull that sand back and not have a court on that end, I mean, you know, that's, that's basically you do in a court. The only thing that was really moved on this court was not the actual court. It was the boarder, you would hit a ball, or rather the end just like having a ball field and having the first base line with a fence against it. OK, you wouldn't do that, you'd have a little space between the fence and the first base line. So basically what was moved to make, to make room is not a piece of the court that is actually used as court. It's actually used as a board, you have to have 5 feet around the edge of these courts to make them playable for championship play. I got $14,000 worth of sand invested in them and there, you know, you're not talking about courts that Page 38 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals are used a lot. You're talking about courts that are used one night a week, and maybe eight weeks of the year. The actual impact upon the neighbors in the neighborhood, you know I have taken great pains with my neighbors to make sure that the lights are shut off at ten o'clock. I frosted the lights, I didn't change the lights in it at all that would interfere with the neighbors. There not, you know its just not a big use. A whole year they weren't used at all. Last year there was no league at all. This year they need one night and they didn't go on for eight weeks. The courts themselves really don't get ( ). The impact on the community, the impact on anything is really very, very minimal with those courts. It's almost nothing and so far none of the neighbors that I have, have made any complaints and I approached them because when I put them in they were very concerned about the lights and the noise and I don't think we keep them on past nine o'clock. You know, I think nine o'clock at night everybody's gone. You start at six and they're gone so its not, its not something that causes some consternation in the community, it's really not, but keeping them at championship to counter play, will allow us to bring and they would only use one court, to bring, allow us to bring over an actual championship group from anywhere to play in this court. I made those courts so they were of a caliber that you could have a pillow of light toward the turf, if you wanted to. I hate to lose that. You know taking the one court away is, is taking an awful lot away from the game to the kids who play there. It's not like the baseball league where you there for a long period of time. The games are ll point games, they're usually over in 15 minutes so Page 39 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals you do two courts because the games go so quick. They take a lot of energy to go ( ) and then there's four more teams up. Then the first two teams will play the other two teams. They just play, they play a round robbin through the evening like that. But those courts are never going to get the use that most people thought that they would get. I'll tell you the truth, they'll never make back the money I paid for the sand. Ever, ever, ever. They're basically a service because the Hamptons have cut down on their courts. They lost so much ocean over there that the kids from this shore don't have a real good place to go to play, and most of the beaches don't have this salt water sifted sand. There's not a rock in this whole thing and it's 14 inches deep, the sand. So, the kids who do play volley ball love this thing. It's just a young crowd. To me it's just another way of keeping them off the streets. MEMBER VILLA: I have a question. Are you still in control of these courts, or is it, ..... DR. LIZEWSKI: Oh! yes, I'm in control of these courts. MEMBER VILLA: it's not leased to the other ( ) or any ( )? DR. LIZEWSKI: No. The business inside that building is leased to him. MEMBER VILLA: So, you have control of these courts? DR. LIZEWSKI: I have control of these courts. I'm the one who has to move them and whatever and I do have control of the courts, you know. MEMBER VILLA: I asked that question because you're saying it's only one night a week, but if you don't have control over it they could ...... OK, all right, I just want to know. Page 40 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals DR. LIZEWSKI: No, you know, I have control of the courts here. The inside of the building, this is just an additive. Basically I, I wasn't going, in fact the league that's running it, is running it outside of the club. Bobby Garin and some of these people who are interested in it have their own little league and they didn't want to go over to West Hampton anymore because they felt it was, it was as good as what I have over here. There slowly building it up. They have their own league, it's, it's being run as a separate entity. MEMBER VILLA: Yeah, but see, you say things now that leads me to wonder, you say it's one night a week, but if the league grows, it could be five nights a week, right? DR. LIZEWSKI: Oh! I doubt it very much. They don't have that many people. If it did, I couldn't, I, I'd take another look at it. The reason that I put it in (too many people talking at one time), they utilize the two courts that I have indoors and that's really what it was done for. It was an investment to try and get more usage out of my building indoors in the winter so I felt that if I could get some courts going in the summer time and last year I didn't have one night that we played on those courts with the league. I played on them a couple of nights myself but other than that never used, so the kind of use that they get is really still minimal. Like I said, if I had to fold them up, I'd just have to worry about selling the sand. I'd probably make more money selling the sand back then I would off those leagues. I got $14,000 of sand in there, if you can believe it, 14 inches thick and it had to be graded. To do those things right you have to drop a grading on the bottom of it so that Page 41 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals the thickness is the same all the way through. They're done in a professional manner. Nobody can believe I did those courts the way I did them. That's the way I do things. MEMBER DOYEN: This is going to sound like a stupid question. What kind of sand is that? DR. LIZEWSKI: It's sifted sand. It's fresh water sifted sand. MEMBER DOYEN: Building sand? DR. LIZEWSKI: No, it's sifted sand. It would be what you would use probably, it's called, it's what you call builder's sand. Builder's sand is really soft. MEMBER DOYEN: That's what I was wondering. DR. LIZEWSKI: Builder's sand is really soft. MEMBER DOYEN: Yeah, but it's sharp too. DR. LIZEWSKI: Well, that's what they want. MEMBER DOYEN: That what I was wondering because beach sand is soft and round. The particles are round from beach and the building sand is sharp. DR. LIZEWASKI: This is, I believe builder's sand. MR. CHAIRMAN: Isn't this the same sand they use on the swimming pools? DR. LIEWSKI: Yeah. Same one they use on swimming pool. MR. CHAIRMAN: On the liner of swimming pools. DR. LIZEWSKI: Yes, the same stuff. There's no rocks in it. MR. CHAIRMAN: They call that plastic sand. DR. LIZEWSKI: And it's washed with fresh water. I know they wash it and I know it costs about $18 a yard. That's the only thing. Like Page 42 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals I said the only part that was really moved was the property of the court surface, is the periphery of the court surface. The plank surface hasn't really changed. MEMBER DOYEN: You know why I'm laughing? DR. LIZEWASKI: Why? MEMBER DOYLAN: Over to Fisher's Island it would be $35 a yard. DR. LIZEWASKI: Again, I'll tell you the truth. If it came to the point that my neighbors were upset about it, I'd do something about it. It's just that simple. If somebody complained about it, I'll be more than happy to come back here or whatever you guys want and do whatever you want cause, the neighbors don't mind it at all. In fact they come over to watch the kids play. But if you gave me a ten o'clock curfew, try nine. It doesn't make any difference. They don't stay that long. Theses kids got places to go after nine o'clock. They don't start until after ten at night. They got to go home and shower. MR. CHAIRMAN: Hearing no further comment, I'll make a motion granting the application which is reducing the buffer area from 24 to 16. MEMBER WILTON: Second. MR. CHAIRMAN: All in favor. MEMBERS: Aye. Prepared from tape recordings of actual hearings. Page 42 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals I said the only part that was really moved was the property of the court surface, is the periphery of the court surface. The plank surface hasn't really changed. MEMBER DOYEN: You know why I'm laughing? DR. LIZEWASKI: Why? MEMBER DOYLAN: Over to Fisher's Island it would be $35 a yard. DR. LIZEWASKI: Again, I'll tell you the truth. If it came to the point that my neighbors were upset about it, I'd do something about it. It's just that simple. If somebody complained about it, I'll be more than happy to come back here or whatever you guys want and do whatever you want cause, the neighbors don't mind it at all. In fact they come over to watch the kids play. But if you gave me a ten o'clock curfew, try nine. It doesn't make any difference. They don't stay that long. Theses kids got places to go after nine o'clock. They don't start until after ten at night. They got to go home and shower. MR. CHAIRMAN: Hearing no further comment, I'll make a motion granting the application which is reducing the buffer area from 24 to 16. MEMBER WILTON: Second. MR. CHAIRMAN: All in favor. MEMBERS: Aye. RECEIVED AND FILED BY THE SOUTHOLD T©Wi c 2zn}¢ Prepared from tape recordings of actual hearings. LK/LF