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HomeMy WebLinkAboutZBA-08/11/1994 HEARINGoPE. ALS 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 Hall 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 August 11, 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 August ]1, 1994 Southold Town Board of Appeals INDEX APPLN.# APPLICANT PAGES 4250 4255 4256 4258 4259 WILLIAM AND HELEN CHILDS ROBERT S. SEARLE JON AND CAROL RAND THOMAS F. McKENZIE ALAN R. CERNY, JR. 3-18 18-20 20-31 31-38 Page 3-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals 7:39 P.M. Appl. No. 4250 WILLIAM AND HELEN CHILDS. This hearing is a continuation from the July 14, 1994 calendar to discuss alternative location(s) of proposed accessory garage at 1780 Peconic Bay Boulevard, Laurel, New York; County Tax Map Parcel No. 1000-145-4-2.1. MR. CHAIRMAN: Would like to make a motion on the request of the applicants to withdraw the application. MEMBER DINIZIO: Second MR. CHAIRMAN: All in favor. MEMBERS: Aye MEMBER VILLA: Question on that. We had extra hearing on this so we're not going to be in a position of having a refund. BOARD SECRETARY KOWALSKI: No, definitely not. No refund. MR. CHAIRMAN: No, there's no refund. MEMBER VILLA: OK. MR. CHAIRMAN: The second hearing for the evening is in behalf of Appl. No. 4255 ROBERT S. SEARLE. The legal notice reads as follows: Upon application of the applicant variance to the Zoning Ordinance, Article III, Section 100-32, based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permission to construct a new single family dwelling with deck at a reduced setback from the front property line along Private Road off East End Road, Fishers Island, N.Y.; County Tax Map Parcel ID No. 1000-7-2-8. The subject premises contains a total lot area of approximately 3.16 acres with frontage along two private roads, one located at the north end and the other at the south end of this parcel. The Zone District is R-120 Page 4-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals Residential which requires a minimum front yard setback of 60 feet. I have a copy of a map created which is a site plan from Chandler, Palmer & King, most recent date is February 1, 1990 and an update of December 31, December 21, 1993. That was the last revision. It indicates a proposed dwelling within 41 feet of Private Road and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I should point out to Mr. Ham that during our trip last week to Fishers Island we did have the distinct pleasure of seeing this parcel. Mr. Doyen did take us down there. Did open the windows, we were allowed to hear the birds sing and all those other things. Isn't that correct. You're on sir. STEPHEN HAM: Steven Ham, 45 Hampton Road, South Hampton, for the applicant. I have a memorandum just to save time that summarizes the basic argument here and I'm going to speak for a couple of minutes and I think you might have some questions for Mr. Searle whose come from Connecticut tonight. Basically what we have here is a stripped redock or deja-vu all over again. This is a very similar application to that of John Stripp which you heard a few months ago. In fact it's the adjoining property. The significance difference is really are that the applicant here is asking for less relief than that which was asked for and granted to John Stripp. Namely, he's asking for a 41 foot setback which is about a 33% reduction as suppose to the 66% asked for by Stripp. In addition there's no request here for a swimming pool. Like the Stripps Mr. Searle has engaged in a lengthy process through the various Environmental Agencies, Suffolk County Department Health Services, DEC and the Town Trustees was recently issued Page 5-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals permits by the Town Trustees and the Health Department which I'm pretty sure you've copied on the Trustees permit. I don't know if you have a copy of the Health Department. I didn't bother to copy the whole map but it's a, the permit is dated July 27, 94, with the, that's the enforcement from the Health Department. The other, the DEC had issued a permit back in 1991 which, which rather expired in 1991 which I submitted with the application. Mr. Searle has brought with him tonight (I don't know if you made copies) ..... MR. CHAIRMAN: We can make one. STEPHEN HAM: Of the extensions? MR. SEARLE: No, I didn't make any, but a MR. CHAIRMAN: We, we can make them. STEPHEN HAM: All right. I'll put these back. I'll just submit these an extension to 93 and most recent one to 95 on the DEC permit and just basically this is another classic case of practical difficulty where if we were to try to conform we would impinge even greater on the setback from the wetland which in this case is, is even less than what the Stripps had. They had maintained the 75 foot setback which got them out of the DEC requirement. Here we have about 40, 45, so if we were to try to conform to the 60 foot requirement it would, it'll really be impossible. So that's. I've summarized most of that. I've attached as exhibits to that memorandum a copy of the Town Law Section on area variances of the Stripp determination of the letter from FIDCO and I just want to address that point and the two determinations by the DEC and the Town Trustees negative declaration as to no significant effect on the environment. I did receive a copy today by fax of the letter Page 6-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals from Tom Doherty of FIDCO asking that this matter be tabled or adjourned until your next meeting. I do want to point out you'll see again as Exhibit C to my memorandum that FIDCO in connection with the Stripp application had stated that they were comfortable with 35 foot setbacks as a minimum to maintain a park like atmosphere. Here we have 41 and if you scale off the distance to the actual road we really do have about 60 which would be consistent with zoning and obviously this property is encumbered by substantial wetlands so it's just very difficult to do a project here without some relief from the Zoning Board Ordinance and Rob Searle is here if you have any questions of him or any further questions of me. MR. CHAIRMAN: I just want to, before I get into it, I just want to ask Bob down there on my right, he had some question about elevation when we were there. Is there some question you want to ask the applicant Bob? MEMBER VILLA: No, I'm looking at it now. Their going to bring in a lot of fill, but the design --- STEPHEN HAM: Robert, it slopes down? MR. SEARLE: It slopes down. Yeah, I'm sorry, I didn't hear what you said about the fill. MEMBER VILLA: No, it looks like you're going to be bringing a lot of fill in to raise the driveway area up to the. The finished floor elevation of the house is 35, right? MR. SEARLE: I don't think that's necessary to tell you the truth. I think we're going to be removing fill. According to the application they said 900 yards. I don't think we're going to bring in any fill. Page 7-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals STEPHEN HAM: The boxes are the proposed elevations? MR. SEARLE: Right and the driveway comes in. Let me just go over it. Let me just see what you're saying cause maybe I'm not understanding what you're saying. MEMBER VILLA: Well! you're finished floor elevation of the house is 35, right ? MR. SEARLE: Right MEMBER VILLA: What is your garage under the house or what? MR. SEARLE: No, we just, we were going to just have a basement and then. You see, originally they had put the driveway in straight which I didn't like because I didn't think it was safe for one thing coming out cause the actual road is down here. So, we moved it over on this side and as you go to the property, I don't know if you remember but as you go to the property it's a gradual slop up to the house here which is a natural sought of approach for the driveway. This elevation here is grade would be, we wouldn't need any fill is what I'm saying. MEMBER VILLA: Well, yeah, but there's an elevation right there, 26.2 and if you're going to raise that up to your first floor elevation basically you're 35 ..... MR. SEARLE: Well! That's 10 feet with --- MEMBER VILLA: That's 9 feet. MR. SEARLE: Well! Isn't that the normal distance from grade to the top of the foundation? I don't know, I'm just. Nobody talked about brining in any fill. Now, also, anything that's excavated for the basement under here, is going out. MEMBER DOYEN: It looks like a berm across here. Page 8-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MEMBER though. MEMBER VILLA: Yeah, right, oh, it drops down. Yeah, it drops down DOYEN: You're just going to cut through the berm. You're just cutting this cut right through here. MR. SEARLE: Right, can see by the map corner of the house. MEMBER VILLA: This way. MR. SEARLE: Yeah. It slopes down just about, it begins to sway. You but it begins to really slope off right about the be 10 feet below your finished floor? MR. SEARLE: I would imagine it, they show it going right up to the edge of the house, I guess from this drawing. I don't think that's right. I think it comes up and it would be ( ) . It would slope up to the foundation, cause I don't think it would be right having a driveway butt right up against the foundation wall resurfacing. Any difference between, I can't really explain what Chandler, Palmer & King wrote, but any difference between the grade and the top of the foundation I would think would be more or less, I don't know 4 or 5 feet. I wouldn't want it to be 10 feet to tell you the truth cause we'd be driving up against MEMBER VILLA: Well! It goes down considerably from here too. MR. SEARLE: It's sheer almost down to the road. MEMBER VILLA: Yes, right, right. MR. SEARLE: Exactly, so this would sit up on top of the (). MEMBER VILLA: So where is your driveway going to be? It's going to Page 9-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MEMBER VILLA: Well! Here's your contour right here that's going to be established and that's 26 feet we're saying. The finished floor elevation is 35 that's 9 foot difference. Your going to have a 9 foot concrete wall looking at you. MR. SEARLE: OK, right, that's not what we're going to do. MEMBER VILLA: Well, that's why I'm saying, that's, so if you're going to raise this, you're going to be bringing this fill. MR. SEARLE: Yeah, so we're not going to raise it. What we'll do, is this won't, this won't be that high then. MEMBER VILLA: You're going to lower the house. MR. SEARLE: Its got to be. You see, if this is 26 right .... MEMBER VILLA: If you lower the house, then you're not even going to see the road. MR. SEARLE: hill right now, See, this is confusing to me cause if you stand on that OK, you look out, you look across the road ( ) upon and that would be the top of the foundation. I would say the foundation would be totally underneath the grade. MEMBER VILLA: Yeah, well, you've got a high spot here, because right here there's a grade that's 34.2. Right here there's .... MR. SEARLE: Well, here's 32 here, right? So, 32 comes across like this. MEMBER VILLA: That's, that's the established 32. MR. SEARLE: Right and here's 34 and here's 36. MEMBER VILLA: Right, that's what's going to establish. The dotted ones are the existing ones. MR. SEARLE: All right. Page 10-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MEMBER VILLA: That's what I'm saying. You've got 24, you got 26, you got (), so, you're going to be, you know regrading this considerably I would think. MR. SEARLE: I don't really want to bring in a fill, that's what I'm trying to say. you know, I, I could, if, if we need anything to slope around the foundation, I would think it would come from the hole that is dug from the foundation. I mean, I don't know if you're for or against bringing the fill, I'm just saying I don't, I'm not for it because .... MEMBER VILLA: Well, I just had to question ---. MR. SEARLE: It's expensive. Yeah, you know, it's like a dollar a pound and if I don't have to bring it in, I just assume not and I didn't really know, I see what you're saying now, I never really looked at that before 35 versus 26 too. MEMBER VILLA: It's 9 foot difference isn't it? MR. SEARLE: Yes, it doesn't make to me, because that means that as you say there's --- MEMBER VILLA: You get out of your car here and you're going to having a mass of stairway looking up to your first floor or else you're going to have to raise the grade considerably. That's what I'm looking you'd be driving right in on the first floor elevation at. I thought basically. MR. SEARLE: Yeah, yeah, well, there's is a difference( ), but that's the way interrupted it also. MEMBER VILLA: But then that's not the case. That's why I was confused because I'm looking at this and it's 9 foot difference, that doesn't make much sense. Page Il-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. the it's standard. MEMBER VILLA: I started to ask SEARLE: Yeah, it doesn't, I don't know why they don't to tell you truth. I mean normally speaking (other voices are heard) unless Well, that's why I was wondering if there were, if ( ) this would be under the sewage system because they have certain criteria that should cover that. You can't have more than 4 foot of a chimney and looking at this I'm saying you got an elevation, 32 and you got a 28 going into the tank, so you've got inches of about that level. Now, lets not, I just had to question on it. The grades didn't seem to make sense to me. MR. SEARLE: I never noticed that. I could talk to the guys from Chandler, Palmer & King. STEPHEN HAM: I guess we're probably coming back next month or so. MR. SEARLE: Anyway because of the FIDCO (). I'll find out. MEMBER VILLA: We can find out and provide information. MR. SEARLE: Yeah, now let me ask you though, is, is that a problem? If they say that's the way it has to be because of the septic and this and that. MEMBER DINIZIO: It's not a problem. MEMBER VILLA: It might affect the Health Department criteria. I don't know if ---. They already stamped this map MR. SEARLE: They already stamped this map, they must be happy with it. MEMBER VILLA: I don't know if they looked at the grade. You might have to change the grades though that's the thing. If you change the grades you might have to go back to them. Page 12-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals STEPHEN HAM: Well, he showed grade approved this plan. MEMBER VILLA: Yeah, but the grade, changes already. I mean they the grade changes the way they have it on the map. It's not going to be something you're going to live with so you're going to alter those ( ). MR. SEARLE: Well, if we have to live with them for these people only to deliver. MEMBER VILLA: Well, it's not that big a deal. I mean all you have to do is put another blank section on the top if you're going to raise the cover up. But, they don't allow a chimney of more than 4 feet. It's a narrow chimney. If you want to put another section on top that's not a big deal it's just a blank section, but it would just be, it would have to be a change that's all. MR. SEARLE: I'll talk to them and see what their, their story is. I want to make sure that this map which is the stamp one. That's what you have also, right? OK, cause this one has their stamp on it and I want to make sure that that elevation is the same. Yeah, 35 and 26 too and 29, 34. MEMBER VILLA: 29 was the existing. That actually is shown as being cut down at that point. It doesn't make sense. MR. SEARLE: There's 29, showing 34 and then 35, I don't know. I don't really know. I mean I see the numbers but .... MEMBER VILLA: Maybe they were trying to get you so that you had some sought of a view over that (). MR. SEARLE: Maybe, that could be. Dick Strauss did it, so I'll ask him. MEMBER VILLA: Well, he's pretty good. Page 13-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. SEARLE: Yeah, he is and he spent a lot of time there. Believe me, I've been back and forth over this with Dick Strauss since 79. DINIZIO: Well, their going to be looking at the excavation MEMBER anyway. MEMBER VILLA: Yeah, but their driving in. Their going to be looking at a 9 foot wall of their basement as they drive in .... MEMBER DINIZIO: No, I'm talking about Suffolk County Department of Health. STEPHEN HAM: They've got an excavation. MEMBER VILLA: Yeah, I know that. If they change, change the grade, they might have to get their approval then. MR. CHAIRMAN: OK, That was one small question .......... . Having had the luxury of looking at the property I don't have any specific questions regarding the overall aspects of the construction and I can understand why you're putting it where you're putting it. Let me just ask if there are any other Board Members who have any other questions of this nice gentleman and his wife. Is there something you wanted to go into Mr. Ham regarding the letter from FIDCO. STEPHEN HAM: Well, you know, they, they came up with this at the last minute and it sought of. They've had this for at least a month to be able to comment. In fact I had spoken to Tom Doherty on Monday or Tuesday. I'm doing something for the utility companies up there at present. Said by the way does anyone have any problem with the Searle application? He said no, not that I've heard of. So I'm wondering, I didn't get a chance to speak to him today as to you know where this is coming from from them, but maybe he's feeling somewhat insecure about Page 14-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals letting this go without when he knows there's a Board Meeting coming up and having further input put on it .... MR. CHAIRMAN: I think what happened was when we came over this is only a hypothesis, there were questions regarding the Stripp application and I think they were comparing both of them as one specific application at one time and possibly they asked me about Stripp and that was voted on and it was approved. STEPHEN HAM: When you say they, are you talking about your most recent visit on August 3rd? MR. CHAIRMAN: Yes, yes, a couple of persons in the audience came over. They were directed to come over and see me. I just happened to have the application in front of us. I did show it to them. Maybe that's what precipitated the letter from FIDCO. I have no idea. STEPHEN HAM: Odd, because my conversation with Tom was more recent than that. MEMBER DOYEN: I suspect what happened is that's a very sensitive area and it's been quite a big deal of interest with the Civic Association, FIDCO and the ( ) so I suspect FIDCO wanted to be doubly sure that they didn't miss anything. looking specifically .... STEPHEN HAM: Well, they, believe Basically, I don't think that their me they've been aware of Mr. and in fact, at one Searle's efforts to obtain permits for some time point when Barlow Pond was a big issue which it's not as much anymore in terms of work --- MEMBER DOYEN: Well, it is .... Page ]5-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Well, they made, they made a big issue over it when I was there. MEMBER DOYEN: You may not think so but they do anything within a half a mile that their concerned with. MR. CHAIRMAN: I'm sorry I don't know the names of the people that MR. SEARLE: Robert Calhoun, possibly. MR. CHAIRMAN: I just wanted to ask you. Do you think and this does not necessarily again effect this nice peoples' application, but do you think that it would behoove you to ( ) these applications before the conservancy and prior to and I'm, I'm not saying because I think that it would alleviate some of this last minute situation here that we, you know, that we end up with and I'm not asking you to do it as a directive but I mean possibly just as a matter of .......... MR. SEARLE: All of the people in the conservancy have known about it for years and they've been trying different studies and so forth to delay I think --- MR. CHAIRMAN: Again, this doesn't necessarily effect your application. I'm just in saying in general because we, we could never get these facts STEPHEN HAM: I could never recommend that to my client because from what I've seen over the years and as you know I've done a fair amount of work with Fishers Island projects. Many of the comments to me are fast and loose, pure and ( ) development without regard to the law or individual property rights. So, I would not recommend that to my clients Page 16-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals that they do that. If they were required to then obviously they would have to. MEMBER DOYEN: The Civic Association .... STEPHEN HAM: Well that's --- MEMBER DOYEN: Does not formally, practically so, or will request that the town even hold another hearing over on Fishers Island regarding any applications for Fishers Island. That's a can of worms. I can't answer what the results. When you say, are they interested and want to know beforehand that's the extent they're going to. Legal or not legal, that's what they want and the people on Fishers Island do things STEPHEN HAM: They ask for a legislation to the effect? MEMBER DOYEN: Well, they haven't asked for legislation, but they will request and have informally ask, well, the Town Board Members were there last week if they could be better informed and maybe ( ) totally informed about any project on Fishers Island period even to the extent of having a preheating if you will. I don't know how legally that would stand up. MR. CHAIRMAN: We can't pre-submission conferences. It's Planning Board but a .... have prehearings. We can't have different if you were dealing with the MEMBER DOYEN: But I'm just saying that's the extent of their involvement or want to have an involvement that degree. MR. CHAIRMAN: We could entertain meetings at certain times a little more convenient to have ........ . What is the timeliness on this Page 17-Hearing Transcripts Regular Meeting of August 11, 1994 Southoid Town Board of Appeals project? I know you've been working on it as Mr. Ham said for the last you know 16 months, 5 months. I can see why your .... (Various voices) MR. HAM: Just to show how much FIDCO is aware of this project. At one point when Barlow Pond obviously is issued to them when it was a bigger issue when maybe it was considered primary or secondary source of water which it's no longer they offered at one point with Mr. Searle to swap lots with him and he took them up on it to look over various parcels and they later reneged on the particular parcel that he had picked out. MR. SEARLE: Because Bob Gaffney told me in his office that FIDCO had no p~'oblem with it and he said that he thought it would go through, there was no necessity for a swap after all. Those were his words. MR. CHAIRMAN: Well, let me ask you, do you want to close the hearing, I mean do you want to recess the hearing, with no more verbatim testimony like we usually do? Well, the way we'll deal with it is you know, we'll very simply recess it as a matter of, of. We always grant one recess but instead of the verbatim aspect the way we deal with the other application and you know we'll just swap letters in writing whatever comes in and we'll go from there. All right? Just lets see if anybody else came. Is there anybody else would like to speak for or against this application? Any other questions? MEMBER VILLA: If there's any kind of change of grade plan I'd like to see whatever you come up with all right. MR. CHAIRMAN: All right. Hearing no further comment I'll make a motion recessing a no more verbatim testimony reduced to writing and Page 18-Hearing Transcripts Regular Meeting of August 1], 1994 Southold Town Board of Appeals we'll make a decision within two weeks, approximately two weeks after the closure of the hearing which I think is on or before September 7th. I offer that gentlemen as a resolution. MEMBER DINIZIO: Seeond. MR. CHAIRMAN: All in favor. MEMBERS: Aye. MR. CHAIRMAN: Thank you very much, it's a pleasure meeting you both. 8:10 P.M. - Appl. No. 4258 ~ THOMAS F. McKENZIE. MR. CHAIRMAN: Next application is on behalf of Thomas F. MeKenzie. BOARD SECRETARY KOWALSKI: No, we have Jon and Carol Rand. MR. CHAIRMAN: Oh! I'm sorry, this is what happens when you have just so small agenda, I apologize. 8:05 P.M. - Appl. No. 4256 - JON AND CAROL RAND. MR. CHAIRMAN: Jon and Carol Rand - 4256. I usually check them and I lost the agenda. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, and based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permission to construct porch addition with reduced front yard setback at less than the established nonconforming front yard setback along Paradise Point Road. The subject premises is nonconforming with a total lot area of 23,522+- sq. ft. in this Agricultural-Conservation (A-C) Zone District. Property location: 2975 Cedar Beach Road at intersection with Paradise Point Road, Southold; also known and referred to as Lot 19 on the Map of Cedar Beach Park; County Tax Map Parcel No. 1000-91-1-2. I have a copy of a site plan. It is dated 7/7/94 indicating the approximate Page 19-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals addition that this applicant is or additions, one of which is covered by this and the other one which is not for this application and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. You are representing these people? How do you do sir. JON RAND: How you do. Good evening~ my name is Jon Rand. I'm with my wife, the home owner of the property. As the application states the lot is nonconforming, it's approximately one-half acre in an area with other lots of 2 acre zoning. The house is very unusually situated on its lot diagonally placed to strike the Cedar Beach Road and Paradise Point Road, right on the corner with a setback down to the side road opposed to the front. The purpose of the addition is to provide a covered entry adjacent to the front area and driveway for a new front door as part of a larger ( ) lower floor of the house. The encroachment to this case is very minimal. The physical encroachment is 5 feet. The encroachment is open porch, it's not closed, it's a deck roof and one post. Our neighbors have endorsed the proposal and believe that the change will enhance the appearance of the house. The traditional keeping the style of the house will also enhance the view of the neighborhood. MR. CHAIRMAN: So that penned in blue area which goes to the parking area very simply just, whatever type of area ..... MR. RAND: ........ Maybe even just grass. MR. CHAIRMAN: So we're asking a reduction which was preexisting at 24 or nonconforming at 24 to 19. Is that correct? MR. RAND: That's correct. Page 20-Hearing Transcripts Regular Meeting of August 11, 1994 Southo]d Town Board of Appeals MR. CHAIRMAN: Does anybody have any questions of this gentleman? Bob? MEMBER VILLA: No. MR. CHAIRMAN: Let me see if anybody in the audience has any. Anybody like to speak in favor of this application, other than your wife? Anybody like to speak against the application? What degree is the roof going to be placed? MR. RAND: I'm sorry. MR. CHAIRMAN: What kind of roof will be placed on it? MR. RAND: A low pitched roof. Right now, it's not decided completely yet, but perhaps a (top?) roof. MR. CHAIRMAN: (Top ?) roof. MR. RAND: With a ( ) area. MEMBER VILLA: Will it be screened in or left open? MR. RAND: Open. MR. CHAIRMAN: OK. I have no objection to this application. I'll make a motion granting as applied. MEMBER DINIZIO: I'll second it. MR. CHAIRMAN: All in favor. MEMBERS: Aye. MR. RAND: Thank you very much. 8:10 P.M. Appl. No. 4258 - THOMAS F. McKENZIE. MR. CHAIRMAN: OK, now we're on to McKenzie. I tried to get you on the agenda earlier. I'm sorry. The next appeal is in behalf of Thomas F. McKenzie. It's appeal No. 4258. The legal notice reads as follow: Upon application the applicant Zoning Ordinance, Article IIIA, Section Page 21-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals 100-30A.4; 100-33; 100-30A.2(C)(l)and 100-30C(8) for permission to locate new accessory building front yard area and proposed horse corral area within 40 feet of the property lines. Location of Property: Corner lot at New Suffolk Avenue, Fifth Street and N/S Jackson Street, New Suffolk, N.Y.; County Tax Map Parcel No. 1000-117-09-12. The subject premises contains a total lot area of 28.920 sq. ft. and fronts along three streets. I have letters in the file which I will not read, the Board is aware of and I have a copy of a survey dated August 24, 1992 indicating lot area as mentioned of 28. 920 and the nature of the application again being the barn which is 24 feet by approximately 49 feet, a post setback of approximately 38.5 to Fifth Street and approximately 40 foot setback to the in this particular case the rear yard and approximately 60 feet to Main Street, which is New Suffolk Avenue. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. McKenzie you're on. MR. McKENZIE: OK. The building is going to set 40 feet from the neighboring property, 80 feet from what is Main Street or New Suffolk Avenue and 38 feet on the long side of the property will be set back 38 feet from New Suffolk Road or Fifth Street. I think I've got all of this staked. I think the uniqueness of the property speaks for itself. It's a big piece of property and it seems to be all front yard. I don't know maybe my house faces the long side, I ( ) the front yard. If it's wedged in, naturally it'll be reared yard. That is with property on each side. The building as you see I wanted 38 feet setback rather than the 40 mainly not for the horses but for a boat to be put in the garage so I won't leave it outside like some of these Page 22-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals boats seem to be left outside. There is two letters, I just got another one with protest and I think I've, I have here something for you to consider that I'd like to address to you on the opposition. It has to do with odors and the buildings affected. Both opponer~ts Mr. Crouch and his wife and Mr. Fudjinski. Mr. Fudjinski runs a Bed and t]reakfast next to the property. I take half the block up these other people, a Mr. Fudjinski has about two-thirds of the other part and there's another gentleman who has a third. As it stands any of these odors can be eliminated with cleanliness. You've got to keep the stalls clean. I'll tell you to being with, my brother raises horses in Naples, Florida and you've got to be immaculate down there, OK. I worked at the race track in this, my grandfather had 2,000 horses in Manhattan up to 1930 taking care of the west side docks. Cleanliness is important cause if you're not clean the horses get sick. As to the manure you pick it up and you don't let it lay around. As to flies which are the biggest problem. There's enough stuff on the market today here to kill compost, recycle and do whatever you want with flies. There's nothing here that can rid of flies better than what I show you here. We have flies there now in the woods. Wherever you have dampness in the woods you're going to have flies. You'll have more if you have horses but if you kill them you're going to get rid of them. As for the urine you may have a smell from that but that usually can be dissipated as well if you take care of it right away. It's all on how you clean the stall and the stable but it's just going to take time. If you want it verbal I'll give it to you. You can give pills to horses to get rid of the smell of urine and they do it at these fancy horse shows. It's the Page 23-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals same pills incontinent humans take just to get rid of the smell of urine. I think Mr. Fudjinski meaning well mistook what we published in the paper. He says the corral is going to be 34 feet from his house which actually is 74 feet from his house. He thought the horses are going to walk right up to the existing lot line and look over. He's mistaken about that. He has another building which he says is 8 feet from the corral. It's actually 48 feet from the corral or the paddocked area or the fenced area for the horses. He mentions his well which he says is 20 feet from the corral which is actually 60 feet from the corral and it's 8 feet back from Main Street. My well is approximately the same distance so if this effects the wells which I found no-one whose had effected wells by horses to this extent. I'm no expert now. Mine would be effected as well. MR. CHAIRMAN: Can I just make a statement on that. Is that not the purpose of mucking at the stall so that the horse, when the horse urinates or defecates then we have that going into the, whatever particular, if you choose to use wood chips, or your choose to use some sought of mulcher whatever the case might be is that not the purpose of it? MR. McKENZIE: You have to take the mulch out with it. MR. CHAIRMAN: With it, yes, OK. MR. MCKENZIE: Yes, but I think he's here for when the horse walks outside. He may do this. He also~ he's worried about the well and it's really three times, the horses are three times as far away as he said. I think he should be more fearful of his tenants or his guests parking ears within 15 feet of the well, some of which may drip oil. I mean I'd Page 24-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals be more fearful of that then maybe the horses. There's another stable in the area a few blocks away and if you want to make a comparison I was over there and I don't see the smell of urine and manure. I do see a lot of flies. It's well kept but I think I']1 keep mine better because my is going to be certainly a better building than what's at this other site that you can make a comparison with. I don't know if these people have received complaints or not. I don't know if the Town Board has. My building is going to be a hell lot more modern than what he has there and it's going to match my house and the property. The stall openings are going to face my house. They're not going to face the street if you look at the blue prints or the neighboring properties. I don't think I'm going to keep this place dirty. I don't want it that way. I think I'm going to keep it clean and I'm going to say I don't want to impose any hardships on any of my neighbors, least of all myself. I want you to know that these people have a concern. They have a definite concern, I would be concerned to if someone did this, but I think the way I'm going to keep it is going to be very, very good. The people thought and I see the lady from the Civic Association left and the New Suffolk Civic Association. This became a pig's sty, if people told me they didn't like it I'd probably remove the horses because I'm going to live there the rest of my life. I escape from the city every weekend to come out here. The other neighbor will be the person taking care of the horses. He himself will watch the horses. He's on the other adjacent piece of property. MR. CHAIRMAN: How many horses are you going to have? Page 25-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. McKENZIE: I'm going to have two. A pony and a full size horse. ( ) center of the property if this is any interest to you will be covered when 1 put this other building up. A lot of the property will be left open. I'm trying to remove the minimal amount of trees. In fact, I drew on there where the fence of the corral will go. There actually have to put it inside and around the tree or it'll have to go right through the tree and I want to save the tree. There's one tree there that will have to come down, it's not in great shape and there's another tree that is unfortunately a ginko which is sought of a rare tree that's dead. There's no-one here in opposition I don't think, but if they saw the blue prints they could see the buildings look pretty good. The existing building and the new building all this will face away from the street. It won't look like your average garage. I know some of the neighbors are angry cause I made mentioned I want to keep a boat there rather than leave it on the side yard like some of the people do. It looks like the abandoned car in the driveway you see in the city. I'm the President of a Civic Association back in the city and that a pick gripe there. People leave cars in their driveways. You know you have a one car garage and everyone has a car in the family and there's always one car that just rots away there. I sort of see this with the boats. Usually the smaller boats. MR. CHAIRMAN: Where does this fellow Crouch live? MR. McKENZIE: Mr. Crouch would live ..... . MR. CHAIRMAN: On the other side of .......... . MR. McKENZIE: If you look at my house he lives on the other side of the street from my house. I'll show you on the blue print. Maybe it Page 26-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals would be easier. (Showing the blue print explaining where Mr. Crouch lives ) My proposed site is further away from houses on the other side of the street than the existing one further down on New Suffolk Road. I spoke to the lady who own the house there and she said, "well there's not a problem". She was worried about kids coming by, throwing things at the horses, so I guess she's an animal lover, so I couldn't find out much from her about that. Other than that, I don't know what to say, I don't know if you have restricted covenants or what, but if this became a problem for anybody and they told me how they ( ), especially Mr. Fudjinski whose making a profit, this is his livelihood and it's cousin to what we've ( ) so I can't get angry at him. MR. CHAIRMAN: You're still speaking to Mr. Fudjinski? MR. McKENZIE: I am. I mean he hasn't spoken to me since this. He went away. I know he's had problems with some of the neighbors. I think he's a nice man and I, I see his concern. If I was in his position, if someone said to me hey, I'm putting a stable across the street just like you did. I'd say, well it better match mine. I don't know what to say. The horses will walk up to the street line. As in the other stable, you don't see the other stable. I hope people don't throw things at them. I mean it's three generations we were with horses and we never kept them filthy. MR. CHAIRMAN: So on the weekend you will be riding these horses? MR. McKENZIE: Yes. MR. CHAIRMAN: On the street or whatever? Page 27-Hearing Transc~'ipts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. McKENZIE: Well on the street probably. Actually I have a little wagon and I'll probably take it to church. That's really where I'll probably go. If you saw the Quite Man, I have a cart like that back in the city I'll bring it out here. There was one other thing. You know you think of so much and you come here and you forget about it. I really don't want to cause any of the neighbors problems. The neighbors I spoke to they didn't seem to be angry but Mr. Crouch seems to be sort of upset. He's upset with my barking dog too sometimes. Mr. Fudjinski did have a care but he didn't speak to me he left for Europe. Everything he stated in his letter I pretty much, I think I've addressed to these, he was concerned the horses would be riding right up to his property line. There not, there 40 feet away. MR. CHAIRMAN: You know he's requested that we recess the hearing until September 7th. MR. McKENZIE: Well, if you want to do that the only thing I have to say to you he's not going to bring up any more than I've said to you here and I can't say anymore than I said to here against what he said. MR. CHAIRMAN: Just so you're aware that we usually do grant one recess. If he doesn't show up then we, ! mean it's only really three weeks away. We'll get rid of it then. MR. McKENZlE: All right. I'll mention again that maybe I'll speak to him when he gets back by then, I don't think he understood. People have thought the horses would walk right up to the lot more that sort of thing. If I could add one other thing. The number of the bounce check, it didn't bounce. So you got another $450. Page 28-Hearing Transcripts Regular Meeting of August ll, 1994 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: Oh! They did. I didn't even know about it. That was taken care of by another office. MR. McKENZIE: Oh! This bank of mine. They don't have a branch in Suffolk. All right, other than that I don't know if you have any questions. I don't know if I covered everything, or if you have problems. ( Discussing check, Mr. McKenzie, Mr. Chairman and BOARD SECRETARY KOWALSKI. Don't worry I'm going to eheck this, I'll bring it to her. We'll worry about that later. I can't think of anything else. Do you have any questions that you might ask me? MR. CHAIRMAN: Bob, anybody? MEMBER VILLA: Yeah, the one question I have is that your dimensions don't add up. MR. McKENZIE: In so far as? You've got a 40 foot proposal setbaek from Fudjinski, MEMBER VILLA: right? MR. McKENZIE: Right. MEMBER VILLA: The building is 24 feet and you've got a 38-1/2 foot proposed setback. MR. McKENZlE: Yes. MEMBER VILLA: And this property line is 101.22, this comes out to be 102.5. So you're a foot and a half ...... . Mr. McKENZIE: This building will be 24, so then I am off, how much? (Member Villa, Mr. Chairman and Mr. McKenzie speaking at one time) MR. CHAIRMAN: Come back and tell us what it actually is so that we'll know. Page 29-Hearing Transcripts Regular Meeting of August ll, 1994 Southold Town Board of Appeals MR. McKENZIE: All right. I will. Can I just state that to you or do I have to send you a note? BOARD SECRETARY KOWALSKI: Just a letter, a letter will be fine. MR. CHAIRMAN: And of course the least amount of variance would be the best. MEMBER DINIZIO: I understand that if you wanted to build and reduce it's only because of a lousy boat, you know if you get a 19 foot boat you got about a 4 foot lip on the trailer and you try to put it in the 22 foot or 21 ......... MR. CHAIRMAN: It's very easy, you just cut the door out. (All joking) MR. McKENZIE: I only wanted one horse but the little girl next door mother said, "Oh!, she's going to take care of it with her father, " come on now, so I said "No, her father will take care of it himself, I'll send her a pony. This is the white elephant from ~---. All right, I'll send you a letter. I'll bring one in on the actual setback size and when is the next hearing? MR. CHAIRMAN: September 7th. MR. McKENZIE: This is what? BOARD SECRETARY KOWALSKI: A Wednesday night. MR. CHAIRMAN: If you can't make it, don't worry about it. MR. McKENZIE: Well, ..... heard Mr. Fudjinski. He may come up with something else. MEMBER VILLA: The setbacks normally allow how much of an overhang? MR. CHAIRMAN: We ..... about 16 inches~ MEMBER VILLA: Because this has a little bit of an overhang in a porch or a front stoop. Page 30-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Well a stoop is, is .... MEMBER VILLA: Well not a stoop, but it's covered way, so what are you going to consider the setback to? ........ do you see what I'm looking over there? MR. CHAIRMAN: Yes, I understand. MEMBER VILLA: It looks like it's more than 16 inches. It's going to be able to walk under that. Yet, if he's showing the setback to this part of the building .... MR. CHAIRMAN: Well, we're just going to give him whatever we agreed to. We're going to give him to the building and that's it with a normal 16 foot overhang, so I mean that's what he's going to have to have, a 16 inch overhang. MR. McKENZIE: All right. I'll address that too in the letter. That'll be 16 inches and the exact setback and I'll try to speak to Mr. Fudjinski. If he brings up anything new that night I'll try to address it. To take a day off and run out here it's really involved. You understand I'm off tomorrow which is not a problem. I took today off, I took the whole day off, fearful that I may get caught in traffic. All right. Thank you very much, I'll speak to Mr. Fudjinski and try to see if I can, see if he has any other problems .... I'll try to address those too., all right. And I tell you truthfully if it was to be a messy thing or in someway the neighbors really got--- I'd take the horses out of there. Thank you. MR. CHAIRMAN: Thank you. Is there anybody else like to speak in favor of this hearing or against it? Seeing no hands I'll make a motion closing the hearing and recessing it to September 7th. Page 3J-Hearing Transcripts Regular Meeting of August 1], 1994 Southold Town Board of Appeals MEMBER DINIZIO: Second it. MR. CHAIRMAN: All in favor. MEMBERS: Aye. 8:27 - Appl. No. 4259 - ALAN R. CERNY, JR. MR. CHAIRMAN: Upon application the applicant 4259 under the Zoning Ordinance, Article IliA, Sections 100-30A.3 and 100-30Ao4 for approval of location of above-ground pool and deck, as built, with insufficient setback and exceeding twenty (20%) percent lot coverage limitation. Location of Property: 1550 Central Drive, Mattituck, N.Y.; County Tax Map Parcel No. 1000-106-02-11. The subject premises is a corner lot with frontage along Summit Drive and Central Drive at Cpt. Kidd Estates, and is a substandard lot containing a total lot area of 7,751 sq. ft. I have a copy of a survey from Young & Young which is dated July 26, 1988, which indicates the existing dwelling, garage and concrete patio which is part of the nature of this application which is the resurfacing of the concrete patio to a wooden deck area and the existence of a pool above the ground pool. What is that 18 feet? MR. CERNY: It's only 15 foot round. MR. CHAIRMAN: 15 feet in diameter. All right. And a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. The nature of the application if a rear yard, excuse me, is a nature, the variance for the rear yard patio, deck and pool and lot coverage. Go ahead. MR. CERNY: Well first I might like to start off I have letter from all my neighbors. MR. CHAIRMAN: Great. Page 32-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. CERNY: For a, and I have a letter from my doctor for the pool. MR. CHAIRMAN: Thank you. MR. CERNY: The a, I didn't get one letter from one neighbor, there was a mistake, I had sent the letter to JoAnn Joanderitz, she was the previous owner house that Moshouris owns and they don't have an objection to it either but I never got a letter from them. Basically what happened was a I built the wooden decks over the preexisting concrete slabs that were there and went and got the permits a few days after I did it and found out about all the different variances that adhere to and a basically what I did was the pool, as you can see I have a self-standard backyard. It's a, maybe a couple of these tables is about the size of my backyard. It's, it's pretty tiny. With the 15 foot round pool when my neighbor's side for a Mrs. Lignos I have an approx., it's an exact of, from the pool wall to her property line. It's 2 feet and it's an exact of 2 feet between my house and the pool wall on the other side. If it were any closer to my house I wouldn't be able to get an oil or gas delivery because the other side of my property MR. CHAIRMAN: 7,000 sq. ft. MR. CERNY: Because basically I'm fenced in and I have a, and there's a grade and large jungle gym that the oil man and the gas man have already kind of voiced their opinions about kind of climb around to get around so the other way is actually the only way I've ever gotten oil and gas delivered anyway. The other thing is the wood decks are exactly over the preexisting concrete slabs that were there. The reason why I built over them was because the concrete walls around it were all Page 33-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals falling down and when I bought the house 2-1/2 years ago they had broken approximately half of the bigger part of the deck was all broken up because they put all new lines into my cesspool and being that the house needed so much work this is the only time I've ever had any, the chance actually to work on my backyard. I've been working on the interior and the front and I also wrote down the, I'm, I'm exactly 16 inches from my neighbor's line. The property line .... MR. CHAIRMAN: That's for the deck? MR. CERNY: Yes, for the deck and I know I, according to the variance 1 don't need the setback from the road on Summit but it's also exactly over the patio that's preexisting with a walkway down and if I was to bring it any further I would have to move over here on my house. MR. CHAIRMAN: I understand. All right. There's no intentions of ever enclosing that deck? MR. CERNY: No, no, not at all. MR. CHAIRMAN: It's going to remain as an open deck? MR. CERNY: Exactly. An open deck with a nice fence all the way around with self closing gates for the pool area. The pool now has a, what is it the 3-1/2 foot ( ) fencing that goes around because I have three children at home and I would just rather doubly make sure that they don't get into the pool. MR. CHAIRMAN: What is the nature of the pool in reference to your health related activity? MR. CERNY: A I broke my back 8 years ago and I've had three back operations since then and a you know I haven't been in the pool for four days I'm just getting over that flu that's going around but other Page 34-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals than that it's just nice to get into the pool. It takes the weight off of my back and it kind of relaxes me. MR. CHAIRMAN: What do you think the actual life of the pool is going to be? How long do you think that's going to last? You going to replace it with another pool if that goes or the liner goes or anything? MR. CERNY: If the liner goes. liner. You know, and if I live you know. MR. CHAIRMAN: So, you want to, long the thing remains. It's basic, I think it's a 20 year there that long, if I live that long, you want to leave it there how ever MR. CERNY: Yes. Oh! I have no intentions of putting a, I know the wife she wants to you know, put in built in pool, she wants to, you know, so a nice round pool is fine for me and that's it, that's all I'm getting. MR. CHAIRMAN: All right. We'll see if we have any questions here. Does anybody have any questions of this nice gentleman? MEMBER VILLA: Well, what is the percentage of a ( )? MR. CHAIRMAN: The best, the best I could figure Bob without the pool were, were, and I could be wrong, because I was playing with it before but I, I think we're about twenty eight six. MEMBER VILLA: About that? MR. CHAIRMAN: Yes. (Discussion between Board of Secretary and Mr. Chairman) MEMBER VILLA: How old is that pool now? MR. CERNY: Just about a month old. Page 35-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Bob, what he is, is this, if you want to write this down. He's 240 a 278 square feet over without the pool. He's permitted to have 1550, lot is 7751. He's allowed 1550 so it's 1795.74 so he's 2., 245.54 over without the pool and the pool is really a temporary structure. I know we're granting the pool at this point but, so we're about 28.6% what I can figure. BOARD SECRETARY KOWALSKI: We don't have temporary structures. MR. CHAIRMAN: I know we don't have temporary structures but I'm just, that's why I asked the question, OK. MR. CERNY: No, I mean if I was to move I would, the pool because it's got like a 30 year guaranty. I would probably pack up the pool and take it with me. MR. CHAIRMAN: Take it with you~ yes, sure. BOARD SECRETARY KOWALSKI: So the next person could put the pool back in, so, it goes with the land, it doesn't go with the people believe it or not the variances. (Members discussing amongst themselves). MR. CERNY: Most everything that I've done so far also helps to really beautify the property. If anybody has ever seen the property before I bought it, it was a real eyesore. MR. CHAIRMAN: No, it looks very nice. MR. CERNY: Thank you. (Members having a discussion again) MR. CERNY: Yeah, it's about 110 sq. ft. MR. CHAIRMAN: How much? MR. CERNY: About 210 sq. ft. Page 36-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. CHAIRMAN: About 210 sq. ft., no? MR. CERNY: ( ) give or take 10 feet. MR. CHAIRMAN: Well if you figure the 245 is creating an aid here about 33 then probably. MEMBER VILLA: MR. CERNY: It's exactly 15 foot diameter pool. MEMBER VILLA: something. Mr. CHAIRMAN: MEMBER VILLA: You thought it was 15 feet in diameter? I don't see how you can come up with 200 and No, I think it's less than that. I, I figure about 155. Even, even if you went .... MR. CERNY: Oh! you're right, it is less than that. MEMBER VILLA: Eight eights is sixty-four times three it comes out to be less than 200, so it like 7-1/2. - ........ MR. CHAIRMAN: You've got to figure it's between 30 and 31. (Members discussing amongst themselves.) MR. CERNY: Yeah, I have no plans on, believe me, any, anything else, so, I'm quite happy with what I have. BOARD SECRETARY KOWALSKI: What is the percentage Jerry, altogether? MR. CHAIRMAN: It's about 31 as best as I can figure. You've got 155 on the pool, right Bob? MEMBER VILLA: Yes. MR. CHAIRMAN: So, that puts him at a 245 (talking to himself). MEMBER VILLA: Well you said you were 278 feet over the twenty? MR. CHAIRMAN: Yes, he's 27- now he's 400 over. (Discussing between themselves) But, you see I'm figuring 50 sq. ft. for that little area Page 37-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals next to the oil tank and the gas feed right in there which is I guess the ramp area which you're referring to going into the pool, going into the a ( ). Adjacent to the wood deck that you have .... that little, that little ( ) out to here? Oh!, that's MR. CERNY: Oh! my bathtub. MR. CHAIRMAN: That's your bathtub for ....... CERNY: It's part of the house. MR. MR. include that so you've got to figure that in there so I did figure in, all right. So he's 400 over. Bob? MEMBER VILLA: Yes. MR. CERNY: I think they built the bathtub, they built that around the bathtub, cause I don't have yet a bathtub in the house, so you know. MR. CHAIRMAN: I didn't remember looking at that when I was over and I, I thought maybe it was a ramp to the deck so when I saw it on the thing I included it in there. MR. CERNY: Oh! No. If I want to ever have to replace the bathroom and you don't want to get it out because we have to break it up with a sledge hammer luckily it was cast iron. MR. CHAIRMAN: You got a number for me Bob, or are you still playing? Well, I don't mean to put you in an awkward position but let's go back to the situation. Does anybody have any objection to the CHAIRMAN: Oh!, it's part of the house. All right. So I didn't it swimming pool? MEMBER DINIZIO: se but I think in i don't have any objections to the swimming pool per order to re-eliminate having a ( ) of time to what Page 38-Hearing Transcripts Regular Meeting of August 11, 1994 Southo]d Town Board of Appeals exists here or which we can't do as long as he's the occupant of the house so that it doesn't become a permanent swimming pool someday. MR. CHAIRMAN: I don't have any particular objection to that. Does anybody have any objection to that? MEMBER VILLA: No, I don't have any objection. MR. CHAIRMAN: Does anybody have any objection to Mr. CERNY's deck? No, All right. So let's put it together and let's see if we can deal with it on this basis, all right. If we were going to grant this variance we would grant it on this basis. Number 1, that the deck remain as it is unenclosed as it exists today with the normal wood stanches that are there and then you know, the decking on top and that the swimming pool remain there on the basis so long as he and his wife can own the property. All right, but be removed prior to the commencement of a sale and that there be no decking around the pool, that the pool remain as it exists with the 3-1/2 walls as they exists and that any further applications before this Board, any, any changes of either movement of the house or whatever the case might be will be, you know, an application be required before this Board. Other than something of a, of a second story nature on the house. How does that sound? MEMBER DINIZIO: So, you want me to make the motion? MR. CHAIRMAN: Yes. MEMBER DINIZIO: I'll make the motion. Second it. MR. CHAIRMAN: All in favor. MEMBERS: Aye. Trsnscripts from tape recordin§. Prepared by L/F Page 38-Hearing Transcripts Regular Meeting of August 11, ]994 Southold Town Board of Appeals exists here or which we can't do as long as he's the occupant of the house so that it doesn't become a permanent swimming pool someday. MR. CHAIRMAN: I don't have any particular objection to that. Does anybody have any objection to that? MEMBER VILLA: No, I don't have any objection. MR. CHAIRMAN: Does anybody have any objection to Mr. CERNY's deck? No, All right. So let's put it together and let's see if we can deal with it on this basis, all right. If we were going to grant this variance we would grant it on this basis. Number 1, that the deck remain as it is unenclosed as it exists today with the normal wood stanches that are there and then you know, the decking on top and that the swimming pool remain there on the basis so long as he and his wife can own the property. All right, but be removed prior to the commencement of a sale and that there be no decking around the pool, that the pool remain as it exists with the 3-1/2 walls as they ex. ists and that any further applications before this Board, any, any changes of either movement of the house or whatever the case might be will be, you know, an application be required before this Board. Other than something of a, of a second story nature on the house. sound? MEMBER DINIZIO: So, you want me to make the motion? MR. CHAIRMAN: Yes. MEMBER DINIZIO: I'll make the motion. Second it. MR. CHAIRMAN: All in favor. MEMBERS: Aye. Transcripts from tape recordin9. Prepared by L/F How does that RECEIVED AND FILED BY TIiE SOUTtiOLD TOVCN CLERK DATE ~-/&' ~ %' HOUR ~: ~ 5' Town Clerk, Town of Southold