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HomeMy WebLinkAboutZBA-09/07/1994 HEARINGPUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTItOLD September 7, 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 September 7, Southold Town Board of Appeals 1994 INDEX APPLN. # APPLICANT PAGES 4265 4266 4257 4264 4263 4267 4258 PETER DeNICOLA MICHAEL LIEGEY OSPREY DOMINION CO. & FREDERICK KOEHLER, JR. JAMES and MARY ANN ABBOTT MARY ANN LAHMANN ANN M. SHANNON THOMAS F. McKENZIE 3-6 6-18 18-29; 44-45 29-31 31-40 40-44 45 -49 Page 3-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals 7:32 P.M. Appl. No: 4265 PETER DeNICOLA. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a setback at less than the required 40 feet. Location of Property: 1694 Chablis Path, Southold, N.Y., Lot 7, on the Tax Map of Chardonnay Woods; County Tax Map Parcel No. 1000-51-3-3.7. The subject premises contains a total lot area of 40,000 sq. ft. I have a copy of the survey. It appears that it was produced by Henry K. Bullock, Jr., and indicates the present placement in the house and the somewhat irregularity of the lot in reference to the way its skewed and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Sir, would you like to heard? How are you tonight? Just state your name for the record if you will again please. PETER DeNICOLA: My name is Pete DeNicola, I reside at, there seems to be some confusion, I was told it was 1695 Chablis Path. MR. CHAIRMAN: Maybe they took a foot off somewhere. PETER DeNICOLA: I don't know. Anyway, I think the application speaks for itself as far as you know putting a deck in there I just, just impossible to put one in without encroaching on the setback requirements. MR. CHAIRMAN: OK. Without reading the original application what's the approximate size on the deck? PETER DeNICOLA: 30 x 40. I'm sorry 30 x 20. MR. CHAIRMAN: 30 x 20. PETER DeNICOLA: 40 feet out off the house, 30 feet wide. Page 4-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: OK. What's the approximate size of the steps? Just off the top of your head. PETER DeNICOLA: The steps about 10 feet. MR. CHAIRMAN: 10 feet. And this is going to remain unenclosed? Right. You're not planning on putting a roof or screening or No, just the way it is. OK. Let's see, is there PETER DeNICOLA: MR. CHAIRMAN: PETER DeNicola: MR. CHAIRMAN: anything you'd like to say, anything else? PETER DeNICOLA: Well, I'd like to say, fact that the back yard is boarded by 150 anybody else, is there you know, bring out the feet of open area. That those clear back to a Old North Road and you know, that's where the setback would be encroaching on that area. MR. CHAIRMAN: If anybody has a hardship you do in my opinion. You know, because of the skewed nature of the property. It's absolutely gorgeous. PETER DENICOLA: Thank you. MR. CHAIRMAN: This, while you're standing there I'll let you see it. Is there anybody else would like to speak in favor of this application? speak against the application? Any questions from Anybody like to Board Members? MEMBER VILLA: Yeah, I have a question. coming out 10 feet beyond the deck? PETER DeNICOLA: Yeah, they'll be a, deck is, it's fairly high. You just said the steps are that's an approximation, the Page 5-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MEMBER VILLA: The deck is going to be about 4 feet above, off the ground. If that much, because it's gon'er match, they'll be a door there, right? PETER DeNICOLA: Right. So, the amount of steps ..... MEMBER VILLA: So you need 4 risers basically. PETER DeNICOLA: Excuse me. MEMBER VILLA: So you'll need like 4 risers. PETER DeNICOLA: Well there'll be more than 4 risers, there'll be more like 8 risers. It's a plus 7 risers, so I, it's, their shelves, that's going to be like 6-6-1/2 inch steps by 18 inches, a comfortable step. I might add that a my wife does have a, an ailment, a physical ailment, a joint problem in the rare form of arthritis and that's the reason why the steps would be shelved and broad. MEMBER VILLA: The 30 foot dimension is actually from the bottom of the steps then? PETER DeNICOLA: would be off the .... 30 foot is, is the actual deck and then the steps MEMBER VILLA: No, you have a 30 foot dimension from the property line to some point and it looks like ..... PETER DeNICOLA: Right, that would be from the steps. MEMBER VILLA: To the bottom of the step. PETER DeNICOLA: Yes. MEMBER VILLA: MR. CHAIRMAN: MEMBERS: No. MR. CHAIRMAN: OK. That's all I've. Any other questions, anybody? Does anybody have any objection to this? Page 6-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MEMBER VILLA: Well, one other questions. He says there's 150 foot open area back there, but that can be built on, can it not? PETER DeNICOLA: No. MEMBER VILLA: It cannot be. BOARD SECRETARY KOWALSKI: Just what are the dimensions Jerry? MR. CHAIRMAN: Dimensions of what? BOARD SECRETARY KOWALSKI: Of everything. MR. CHAIRMAN: The deck is 20 deep from the house, it's along the back of the house by 30 and the depth of the steps are approximately 10 off the deck. BOARD SECRETARY KOWALSKI: By what width? MR. CHAIRMAN: What would you say the width of the step is? PETER DeNICOLA: By about 10 feet. BOARD SECRETARY KOWALSKI: ]0 x 10. OK. Thank you. MR. CHAIRMAN: Hearing no further comment I'll make a motion granting it with the following provision that it not be enclosed. MEMBER VILLA: Second. MR. CHAIRMAN: MEMBERS: Aye. All in favor? 7:39 P.M. The next application is MICHAEL LIEGEY. The legal notice reads as follows: Upon application the applicant 4266, variance to the Zoning Ordinance, Article XXIV, Sections 100-241 and 100-243 for permission to renovate, repair and reinstate single-family dwelling use Page 7-Hearing Transcripts ReKular Meeting of September 7, 1994 Southold Town Board of Appeals on a substandard parcel. Zone District: Hamlet-Business (HB). Location of Property: South Side of Main Road (S.R. 25), Southold; County Tax Map ID No. 1000-61-4-7.1. I have a copy of a original survey and it was produced for the prior owner. The amended date was March 17, 1981 from Robert VanTuyl or VanTuyl & Son and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Liegey is he here? Oh! Yeah! How are you tonight? Would you like to use the mike and is there anything you'd like to state for the record before we grill you? MICHAEL LIEGEY: Well, what I'm just trying there, basically is to improve the neighborhood by improving this building that's been vacant for a couple of years and I'm just trying to bring it up to par. I'm not interested in renting it or having x number of people living there. It's just going to be my family. Me my wife and my son. MR. CHAIRMAN: OK. Do you have any idea when Mr. Krupski died? MICHAEL LIEGEY: ( ) recently. MR. CHAIRMAN: Fairly recently. Do you have any idea when he actually moved out of the building? MICHAEL LIEGEY. MR. CHAIRMAN: MICHAEL LIEGEY: MR. CHAIRMAN: second floor and whomever, MICHAEL LIEGEY: eighties, A I think it was in the seventies. In the seventies. I believe. Ali right. You still utilize the existing office on the the bottom floor was, excuse me, was rented, to Yes. I think the office was in use until the late eighty, around eighty-eight, eighty-nine. Page 8-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: The heating systems between both buildings are totally succinct from each other, isn't that correct? MICHAEL L1EGEY: Right. Water is the same. MR. CHAIRMAN: Water is the same. What about the electrical system? MICHAEL LIEGEY: The meters are in the front building and --- MR. CHAIRMAN: They service both buildings? MICHAEL LEIGEY: Correct. The panels in the back. MR. CHAIRMAN: What is your anticipation and I know that this does not necessarily affect the reinstatement of the back building. What, what is your actual feeling, what are you going to do with the second story of the front building? MICHAEL LEIGEY: Office space. MR. CHAIRMAN: While you're standing there I'll just see is there anybody else would like to speak in favor of this application? Maybe, you want to, you call --- RICHARD VANDENBURGH: I'I1 just speak up. MR. CHAIRMAN: Could you state your name for the record? RICHARD VADENBURGH: My name is Richard Vandenburgh, I'm a resident of Mattituck and I've known Michael for ten years. I actually work with Mike several years ago in performing various other renovations that we've done on his prior homes and I just wanted to say that what he can do to that building would certainly be an asset to the town of Southold because I'm familiar with the quality of work that he does and it wouldn't be a quick fix situation. It would be a job that would be done right and it would be somethingthat I think would be absoultely benefit the town of Southold and the revenue that it would Page 9-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals bring to the village as well. Besides, I think that it's well worth approving his application. MR. CHAIRMAN: Thank you. Is there anybody else would like to speak in favor? MRS. LIEGEY: Can I say something? MR. CHAIRMAN: Surely. MRS. LIEGEY: I'm Mrs. Liegey. Mike and I have loved Southold for a long time. We cam here during the summer for years and years and about a month before our son was bern when we decided to come out to permanently to live and this building is part of our dream to become part of a town that we love and the people here are, you know, just a caliber of people that you don't run into where we came from and this is kind of a dream we want to ( ). MR. CHAIRMAN: Thank you. Is there anybody like to speak against the application? OK, I'll leave the grilling up to you gentlemen. MEMBER VILLA: I have a question here Jerry alluded to earlier and asked you what the second floor was going to be and you said office space. Now can we limit the number of offices on that because basically what you're doing here is your looking for three uses on a very small piece of property. Basically to comply with the code you need 60,000 sq. ft.. You have somewhere in the range of 5 or 6,000 sq. ft.. My concern is you don't have very much parking at all and you use Municipal Parking but I hate to see the Municipal Parking loaded with people that are going to be employees and, and of this building and there on a full-time basis all, all during the day. Page 10-Hearing Transcripts Regxdar Meeting of September 7, Southold Town Board of Appeals 1994 MICHAEL LIEGEY: Well there is Municiple Parking surrounding actually two lots. MEMBER VILLA: I realize that. MICHAEL LIEGEY: But a, as you say that you want to limit the number of offices? As there is there's only 4 offices there and and most likely we're looking for something in a, a legal and --- BOARD SECRETARY KOWALSKI: MICHAEL LIEGEY: Offices. BOARD SECRETARY KOWALSKI: Four offices? Four occupants, four tenants? MICHAEL LIEGEY: There's four separate rooms, if .... BOARD SECRETARY KOWALSKI: Yeah, but there's not four tenants. You've always had one tenant, right? MICHAEL LIEGEY: Correct but, but you really can't ....... BOARD SECRETARY KOWALSKI: Well, that's what he's asking. He's asking to limit to one tenant for the office area. MICHAEL LIEGEY: Limit to one tenant? Well, that, that has, the way I saw it in the town right now it seems to, that the number of office space that is available for me to find one tenant interested in that large a space is pretty near impossible out here. BOARD SECRETARY KOWALSKI: How large is the area just for the record? MICHAEL LIEGEY: I think it's around 1100 hundred square feet. BOARD SECRETARY KOWALSKI: for the second floor that is? MICHAEL LIEGEY: Correct. MEMBER VILLA: But you're going to have your office up there too right ? Page il-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MICHAEL LIEGEY: Possible, so that would also, that office and then another three offices with you know I one person per office. would be my only anticipate MEMBER VILLA: Yeah, but that's for four offices, that's four cars plus a business downstairs is another car or two, or three and your suddenly looking at seven or eight cal~s in Municipal Parking. That's a problem to me it is anyway. MICHAEL LEIGEY: Well my car wouldn't be there. It would be in the back if granted. There's parking in the back I could drive a couple feet. I, I don't see that with the amount of parking that's there. If you go there at noon time from five o'clock the parking lot has maybe three cars. MEMBER VILLA: Which one? MICHAEL LEIGEY: The one that's behind. MEMBER VILLA: I just have a problem with putting that much on that small lot without some limitations. MICHAEL LEIGEY: Well, I, I, I had, if I keep, if I rented it to one group of lawyers, whatever, you're still going to have a number of different people that are going to be employed there. I think that it would probably be even less numbered employed by individual offices being rented instead of a complete floor. BOARD SECRETARY KOWALSKI: We were looking at your pre CO, it says you have one professional office on the second floor. So now your proposing four, right? MICHAEL LEIGEY: Correct. Page 12-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: That's going to change probably some of the ways the Building Inspector is going to look at it. He may want you to go to the Planning Board for site plan approval. OK. He's not aware of that apparently because it's the first I heard of it. I've talked with you a few times and it kind of changes the you know, the way the town might process your application. You may have to go to the Planning Board as well because you're expanding the number of occupants in the building. Instead of keeping it three as it says on the pre CO, you're now proposing six so you might want to think about that you know. MR. CHAIRMAN: Go ahead sir. RICHARD VANDENBURGH: May ! just try. Mike and I spoke prior to his real need in pursuing anything with regard to this and the idea was the nature of the second floor before it was a law office space and I believe there is one room in the front, a small office along the hallway and an additional office towards the back of the building, there's a kitchen in the back and a really small office like a storage room in the hallway as well so in all likelihood the way that the law offices are, are, my understanding is the way that they work nowadays is that essentially rather than have one attorney move in to a space that size with two associates what you do is as an individual you simply lease out the individual rooms. In all likelihood you're not going to have anymore than two other attorneys in that floor because it's just, it's not feasible and I don't think you'd get anybody to rent a room that's only about g x 10, barely enough room to put a desk in and a chair in, so~ in all liklihood you're only going to have one possibly two Page 13-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals attorneys on that floor. MR. CHAIRMAN: correct? as well as a, Mike in his office occupying the third offices RICHARD VANDENBURGH: That's correct, that's correct. MR. CHAIRMAN: Totally succinct from each other. RICHARD VANDENBURGH: That's correct and it's not as though you're going to have three attorneys with three separate secretaries either. It's, obviously that .... BOARD SECRETARY KOWALSKI: They would all be together. RICHARD VANDENBURGH: Yeah, they would all share .... BOARD SECRETARY KOWALSKI: That, that's different. MICHAEL LEIGEY: That, that's what I was envisioning in having one secretary that I would you know, pay on my payroll and then have each office .... BOARD SECRETARY KOWALSKI: OK, that would still be one office then. You just have different employees. RICHARD VANDENBURGH: Exactly, that's correct. BOARD SECRETARY KOWALSKI: That's one office, that's different. MEMBER VILLA: Yeah, but you need a legal stenographer or secretary if you're going to have lawyers. MICHAEL LEIGEY: Well I was talking to Richards, a lawyer, and he was telling me the ins and outs of that, ( ), but we weren't really feeling that, that was needed. RICHARD VANDENBURGH: Because one or two again remembering that if we have two attorneys one secretary should be able to handle two Your referring to non associate attorneys, is that Page 14-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals attorneys' work and there's really not gon'er be physically and there wouldn't be and I know Mike doesn't want the character of that floor to be where people are crawling over each other. It's just going to be where you have one secretary that would handle the typing for the two attorneys that would probably be in there. Mike would be the third occupant on that floor and I don't think he generates as much work product as an attorney would so it would be something that would be feasible with one secretary out in the hallway and then occupying the two other offices with the smaller room being essentially the copying room, paper supply room and there wouldn't be an individual in that smaller room in the hallway. BOARD SECRETARY KOWALSKI: Most offices have three rooms. Right? RICHARD VANDENBURGH: Right and we ..... BOARD SECRETARY KOWALSKI: Right and they do. MR. CHAIRMAN: Question Sir? MEMBER DINIZIO: No, not at all. MR. CHAIRMAN: Any other questions Bob? No. BOARD SECRETARY KOWALSKI: You were going to ask about ( ). MR. CHAIRMAN: Oh! Yeah! The back building or the house in question which has really been, it's a part of the nature of the application and of course one of the reasons, the main reason why you're here. You intend to occupy that yourself? MICHAEL LIEGEY: MR. CHAIRMAN: you very much. Correct. All right, I don't have any further questions. I thank Page 15-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: Would occupancy? Could we at least discuss that. MR. CHAIRMAN: Yeah, that's right. ~eference to a .... BOARD SECRETARY KOWALSKI: we talked when you ..... MR. CtlAIRMAN: The owner building. he be agreeable to owner There was a discussion in I mentioned this to you before when occupancy of the effect of the back BOARD SECRETARY KOWALSKI: You said you would be agreeable to owner occupancy because you plan to live there and we're just asking if that's still true. MICHAEL LEIGEY: Well, I plan on living there but if, if you, you so deem it, it would also make it very hard for me to sell the building in the future. MR. CHAIRMAN: We're throwing variables out to you OK, because these, these are things that, that ammoniated from the inspection of the property, and it's very important that we be aware of all the factors. We sometimes become a little investigative and that's basically is what the situation is. It was kind of you to show us the front building, we wanted to look at it anyway and so that basically the situation. What we're in affect telling you is that there may be an owner occupancy restriction at this point, I don't know, OK. There's nothing magic to what we do. All right, tf we can't generate three votes one way we'll generate three votes another way and that may be the way it goes. I I know that you're extremely concern about getting this building going because you want to occupy it, if not, you know, right now or you Page 16-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals know for the next five years or whatever period of time you want to occupy it. You know what I'm saying, so, so we'll see what happens. MEMBER DINIZIO: Can I ask a question. MR. CHAIRMAN: Sure. MICHAEL LEIGEY: MEMBER DINIZIO: MICHAEL LEIGEY: The front building is basically the work, the condition that you saw it and I think you already saw what we did, I'm just going to upgrade here and there as far as a logical really minor stuff with lights or what have you but .... MEMBER DINIZIO: The back building really definitely has to be done. BOARD SECRETARY KOWALSKI: New electricity ...... MICHAEL LEIGEY: The back building has to be completely redone. BOARD SECRETARY KOWALSKI: Electric and plumbing, both on that? MEMBER DINIZIO: I just want to be clear on one thing. You, you do not want to see this restriction of owner occupancy on that back building, is that correct? Just, just be clear on it. Just yes or not. MICHAEL LEIGEY: I'd prefer not to have it, it's just that in the future, that, that you know if some professional person wanted to buy the building from me when I'm ninety their not going to want to buy it under those circumstances. MEMBER DINIZIO: Right, right, I just wanted to be clear on that and when you renovate the buildings do you plan on gutting these and putting new electric and sheetrock and --- The back building I plan on doing this, yes, Yeah that, what about the front building, is that a Page 17-Hearing Transcripts Regular Meeting of September 7, Southold Town Board of Appeals 1994 MICHAEL sheetroeking .... MR. CHAIRMAN: MICHAEL LEIGEY: MEMBER VILLA: LEIGEY: Electric, plumbing, new insulation, new It has to be totally guttered, right? Yes. Jim asked a question about possibly wanting to sell it in the future. If you sold it in the future you would want to sell it separately from the front building or wouldn't you? MICHAEL LEIGEY: No, no, as, I would then sell it all as one parcel but I you know, I bought this building to hold on to it as long as I live, but if I hand it down to my son that he can't sell the building because he has to find somebody that, that's will to own a commercial behind it which I think you, you'd be limiting your space and live options .... MEMBER VILLA: two? MICHAEL these ( My questions was you have no idea of subdividing the LEIGEY: No, I don't. I plan on holding on to both of ). I plan on living in the back house, raise my son. I'm just talking 50 years from now. BOARD SECRETARY KOWALSKI: Can I ask you one last thing on the house. What is the square footage of the actual living area of the back house that you're gutting? MR. CHAIRMAN: If you don't have it right here Mike, you can give it to us tomorrow. (Discussing between themselves). MR. CHAIRMAN: Frame house, first floor, 810.50 square feet. Second floor, 558. Page 18-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: MR. CHAIRMAN: sound about right? MICHAEL LEIGEY: MR. CHAIRMAN: 1,012 on the first floor? No. No, it's eight and five is thirteen, 1368. Does that Yeah, I believe so. There's really no pertinence other than the loss of which you Pun into, you know, with the, the way the roof line runs and stuff upstairs, I mean, it's really a first story, second story, one built right on top of the other except for the, the little porch area that we went in, you know off the, it's basically towards the back so it's, it's pretty close. Thank you SiP, we appreciate it, we hope we didn't grill you too badly and heaping no further comment I'll make a motion closing the heaping reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. 7:57 P.M. MR. CHAIRMAN: All right, The next regularly scheduled hearing is in behalf of, it's a preliminary hearing in behalf of Appl. No. 4257 OSPREY DOMINION CO. and FREDERICK KOEHLER, JR., which is a winery in Peconic. The legal notice reads as follows: This is an application requesting a Special Exception for approval of a new winery establishment in an existing farm building or buildings for the production and sale of wine produced from grapes primarily grown in the vineyards on which such winery is located. Location of Vineyards and Winery Establishment: 44075 Main Road (State Route 25), Peconic, Page 19-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals N.Y.; County Tax Map Parcel No. 1000-75-1-20. The entire premises contains 50.8 acres located in the Agricultural-Conservation (A-C) Zone District. A copy of the existing buildings we have towards the existing buildings are in the way of site plan the original specks from Morton who constructed the back building and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Raynor I guess your on the fire. How are you tonight Sir? HENRY RAYNOR: Good evening, fine, yourselves. I'm Henry Raynor representing the Osprey Dominion Vineyards, Frederick Koehler, Jr. I guess I'm kind of the relief pitcher. Come to think of it I'm not on strike, maybe I'm the relief quarter back in this mess. We're requesting a Special Exception under Section 100-31 B-13 on 50.8 acres primarily a vineyard at this point with two preexisting buildings. On the closed use of the metal building to the north, the one building referred to is for winery production of wine. The stucco building to the south would be used for wineries and sales. Presently we were working with the Planning Board staff to amend and finalize a site plan which is going to undergo some considerable changes with regard to parking and access. The firm of Fairway & Brown has been retained as architects to define better buildings themselves. We are also currently trying to secure both from the County and the State the proper permits necessary for this project. All of these are obviously subject to the Special Exception, decision of the Zoning Board this evening. I think the aspect and the prospects of wineries and uses certainly within keeping of this old Town of Southold. I'd be happy to answer any questions that I can of course. Page 20-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: OK. The, at the time that we were over there we were given or we were comparing to C of Os. The wine tasting building in the front I guess was an existing building on the site and was upgraded by a prior owner from either a barn or whatever it was. HENRY RAINER: That's right, yes. MR. CHAIRMAN: Is there any other CO that you anticipate that would change the normal character of that building at this particular time? HENRY RAINER: Not outside of the C of O, you know the use occupancy itself being changed from an agricultural building on an agricultural use of property to that of the flexible Special Exception that may be granted by the Board. MR, CHAIRMAN: So, there's no anticipation of a of utilizing the second floor for any type of habitable reasons for a ..... HENRY RAYNOR: None whatsoever. MR. CHAIRMAN: No extensive kitchen areas added to the building? HENRY RAYNOR: None at all. MR. CHAIRMAN: So pretty much the way we see it is the way we're going, it's going to be presented and remain so on and so forth.. HENRY RAYNOR: With the two possible, two possible changes indicated by Planning Staff, one would be the correction of the area from the curb cut north the the stucco building there's considerable problems with the old site plan in showing a very sharp almost 90 degree turn to the west which we intend to eliminate and their relocation are further north of the parking their indicating that they would like more green in the front of the buildings close to parking which makes good sense. Page 21-Hearing Transcripts Reg~ular Meeting of September 7, Southotd Town Board of Appeals 1994 MR. CHAIRMAN: OK. Now, as for the second building which was I assume originally constructed on by the prior owner for the housing of the actual, the wine itself, there isn't any, anything that would, that we will see in the future, I mean in the immediate future that will change that building as it exists right now? HENRY RAYNOR: It's my understanding that the entire building and the plotformto this, to the rear of the concrete area is necessary for the production of wine on the property and then building outside possibly having people on a tour walk through and around the winery equipment would be the sole use. MR. CHAIRMAN: So basically the only thing that we haven't seen there is the site plan which you're working on independently with the Planning Board and any major grading changes that may occur based upon that to include parking lots and greenery and so on and so forth. HENRY RAYNOR: That's correct. The grader is still working on species and street trees and shrubs that have to be incorporated into the landscape plan. MR. CHAIRMAN: I, been of course and Board in this great I, this is not a catch 22 statement OK. Having I should recognize the a Member of the Planning town is there any indication of when you may finalize this or at least get to a point where there's a fairly amicable agreement between you and the Planning Board? HENRY RAYNOR: I think it's already been reach. MR. CHAIRMAN: Oh! It's reached, OK. HENRY RAYNOR: I have instructed the architects to revise and with consent of the owners we are advising for their specifications. Page 22-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: OK, so there's a possibility that once, once this is revised we can get a copy of that and then what I'm eluded to is that we are probably not going to make a decision until you, until we get what I would construed to be a, a somehwat of a favorable site plan from the Planning Board in which they are going to say "yes, we're happy with this" and then we're going to comit to a, to a special permit based upon the entire project. HENRY RAYNOR: It's very understandable. MR. CHAIRMAN: And so we have found that in the past two situations that being the actual really perfect situation to deal with as opposed to you know coming back with changes or whatever the case may be. HENRY RAYNOR: No, I, I completely concur we want to coordinate the time with both Boards and basically the time factor involved is the applicant has changed surveyors and the result of which is the physical survey of the property was something of a time consuming factor. I probably will suggest to him as a result of your import tonight that we take the physical typographic survey from Route 25 and extend it north of the north most building a couple hundred of feet which is the area really in question with the site plan and which is closer to your debit survey for the remainder of the vineyard if that, if that's acceptable. MR. CHAIRMAN: That's fine. HENRY RAYNOR: I know what it is to the Planning Board or the staff of the Planning Board at this point. MR. CHAIRMAN: Good. What's the anticipation with the pond? What, what are they, what is the Planning Board staff suggesting and what are you anticipating? Page 23-Hearing Transcripts Regular Meeting of September 7, 1994 Southo]d Town Board of Appeals HENRY RAYNOR: The Planning Board has suggested that it be maintained and my suggestion to the applicant is not only should it be maintained we may possibly regrade the front section so that we have more ( ) because that pond is very low at this point and it should be a grader elevation as to the pond that is directly to the west of it is considerably more built. I would even like to explore with the Board the use of the drainage system to intergrate that as an overflow system to that pond providing the Board finds it as such. MR. CHAIRMAN: Are you going to expose the pond in any, in any type of way other than regrading the front of it? Will there be any trees removed, you know on the westerly side or the northerly side of the pond? MEMBER VILLA: You're talking about different ponds. HENRY RAYNOR: ( ), there's nothing there. There's one to the north east, there's, there's one large tree which is .... MR. CHAIRMAN: I know you don't own that entire pond to the east. You're referring to the west of this ..... . MEMBER DINIZIO: No, he's referring to .......... . (More than one person speaking at one time.) MR. CHAIRMAN: Oh! I'm sorry I was referring to the easterly pond. HENRY RAYNOR: The easterly pond? MR. CHAIRMAN: Yes. HENRY RAYNOR: No, there's no, no, outside of regrading within that area up to the pond we have nor grading plans for that. If you have some suggestions at this juncture they'd be more than happy to Page 24-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals entertain them because we are essentially starting from square this. MR. CHAIRMAN: MEMBER VILLA: one on I don't have any at this point. Questions? Yes, my only question was the building that you have, the one to the east, not the one that's going to be tasting, their not planning on enlarging that at all because in speaking to the owners the, it turns out that this going to be the second largest vineyard as far as acreage goes out here. Now, that building right now has wine stored in it but the equipment really isn't setup for you know producing wine that I could see that much of it. Now, when they get into full production is there going to be enough room in there for production and storage of what they produce? HENRY RAYNOR: I'm not an expert on producing wine by any stretch of the imagination. I taste it once in a while, but I'm not an expert on it. It's my understanding that they have gauged the production to what they presently have, the 50 some odd acres. Outside of another phase or another acquisition I'm not knowledgeable. MEMBER VILLA: I understood they had like 90 acres of vineyards, or would have and I was just wondering if that building was going to be adequate because there's no, there's no basement that I'~ aware of. HENRY RAYNOR: No, no, it's a slab building and again you know in order to process it has to be primarily grown on their own property. MEMBER VILLA: Well, they own other vineyards. They own other properties as far as I know. HENRY RAYNOR: But this site, this site to my knowledge is bound by the 50.8 acres under which this application was given for (). Page 25-Hearing Transcripts Regular Meeting of September 7, 1994 Southo]d Town Board of Appeals HENRY RAYNOR: MEMBER VILLA: MR. CHAIRMAN: develops. MEMBER VILLA: I was just curious as to whether the building was going to be adequate or whether he'd be back for an expansion. I couldn't tell you five or ten years from now. OK. Thank you Mr. Raynor. I'll see if anything else MR. RAYNOR: Thank you very much. MR. CHAIRMAN: Is there anybody else would like to speak in favor of this application? Anybody like to speak against the application? VIRGINIA DRAPER: My name is Virginia Draper. I'm one of the co-owners of the property at 14 a 44255 Main Road. It's the property directly next door to this proposed vineyard. I'm a little bit concerned about some of things that I see in the papers and some of things that I've been able to ascertain and it's rather difficult for me to really know since the plans are really available to know exactly what is proposed and therefore some of my questions are in the light of the fact that I don't know what's proposed. My understanding is that it is an Agricultural Zoning and I'm not terribly familiar with what is allowed in an agricultural area. Now, the notice that was sent to the homeowners that was within 200 feet of the property stated that they wanted to special variance. MR. CHAIRMAN: Special Exception. VIRGINIA DRAPER: I beg your pardon. MR. CHAIRMAN: Special Exception. VIRGINIA DRAPER: Special Acceptance. Special Exception, OK. For a winery that was in the all ready existing metal building. There was Page 26-Hearing Transcripts Regular Meeting of September 7, Southold Town Board of Appeals 1994 no mention of two buildings and therefore I don't know, if everything is to happen in the one metal building then what is the purpose of the second smaller building? MR. CHAIRMAN: Well, that's basically an entertainment building. VIRGINIA DRAPER: An entertainment. MR. CHAIRMAN: That's where the wine tasting actually occurs. VIRGINIA DRAPER: Will there be any other activities besides wine tasting? MR. CHAIRMAN: Well, that's a very interesting question because we have in the past granted gazebos to wineries and so on and so forth so it's something that could be coming in the future. I don't know if it's necessary generic to this particular site, all right, and I know that's of your most concern. I just want to say we'll, we'll ask the applicants agent to answer that but I just want to say something ma'am. VIRGINIA DRAPER: Yes. MR. CHAIRMAN: This is only preliminary, OK and what we're going to do is we're going to have a final hearing here and hopefully as you had heard me ask Mr. Raynor we are going to get the actual blue print of what's going to occur. So, at that particular point you will have a chance to study that and then ask us any questions. That doesn't mean that I'm restricting you from speaking tonight. I mean you're certainly to bring up any concerns that you may have. VIRGINIA DRAPER: OK. MR. CHAIRMAN: Mr. Raynor I hope you don't mind me using the word "entertainment" for the front building because that is basically what you're doing. You're entertaining the wine. Page 27-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals HENRY RAYNOR. Not at all. It's basically is for a tasting building. I would be more than happy if this is a preliminary hearing to show Mrs. Draper the plans and the proposed changes that the Planning Board bas discussed and any questions that she may have I'd be more than happy to send on to the applicant and get her an answer. VIRGINIA DRAPER: All right. Thank you. OK. Because it's, if that building is going to involve entertainment --- MR. CHAIRMAN: I shouldn't have used that word, but --- VIRGINIA DRAPER: Well! Wine tasting, let's go back to the terms that you used before. That means that you're inviting the public in. MR. CHAIRMAN: Right. VIRGINIA DRAPER: And with the public comes added traffic and a need for additional parking what I see proposed because wineries are very popular now and bus loads of individuals come and they tour the winery and they go through the taste testing as well as you know this is, Southold is a very popular place for summer residents and I'm sure you're going to have a number of people coming. Where are you going to put these cars? MR. CHAIRMAN: Well, he says he has just finalized the site plan and we don't have it reduced to a blue print. Once we get the blue print he has told me that he will furnish you a copy of it or at least show it to you and then if you have a specific concern regarding this parking scheme, I use that phrase or word then you can voice an opinion. In no way again am I trying to restrict you because I don't know at this point where exactly. I think most of the parking is going to be to the westerly side of the property. That was the direction we have. We had Page 28-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals toured this winery a week ago Saturday and this vineyard actually because it's not a ,winery yet and we had spent about an hour there with the owners and that's what they were telling us at that particular point. But again, we have not seen it reduced that's why this is a preliminary hearing and once we get it actually finalized and we have the Planning Board saying "yes this is the way we're happy with the parking", then we will have a final hearing at which point you will be given as much latitude as you want in reference to questioning and the applicants will be here. They have told me that tonight they are out of the country and that is the reason why Mr. Raynor is the sole person here representing them. Just so, you know, so you understand the whole, the whole situation here. VIRGINIA DRAPER: OK, because that would be a primary concern. MR. CHAIRMAN: No question about it. VIRGINIA DRAPER: Secondly, I was concerned about the pond that's a ..... MR. CHAIRMAN: In back of your house, yes. VIRGINIA DRAPER. Is it in the back? It seems to be some, some discussion there whether there's some wetland behind our property and whether there is to be a man made pond on the side of the property. HENRY RAYNOR: No, there's no plan to build any ponds on the side of your property and there's certainly a swale area that runs to the east of this property and again I think a lot of your questions will be answered if I can show you what I have. MR. CHAIRMAN: You have that with you tonight, Mr. Raynor? Page 29-Hearing Transcripts Regular Meeting of'September 7, 1994 Southold Town Board of Appeals HENRY RAYNOR: I have a copy of the old working and I'd be happy to show the revisions ..... MR. CHAIRMAN: Why, why don't we do this Mrs. Draper. Why don't we just recess this for a couple of minutes and we'll have Mr. Raynor show it to you. If you have any specific concerns we'll reconvene it and then you can mention all your concerns at the next meeting. Again, I'm not restricting you in any way, manner or form, at this point. This is, you know, it's, it's an emanating project, it's a large project and you know, you raise some very interesting points. There's no question about it. We've done this before, we know Mr. Raynor is an absolute gentleman and well not absolute, he's a gentleman and I'm sure that he'll explain it to you and then your welcome to come back, in about 15 to 20 minutes and we'll reconvene. VIRGINIA DRAPER: Thank you so much. MR. CHAIRMAN: Your welcome. Hearing no further comment, I'll make a motion recessing for about 20 minutes. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. 8:20 P.M. MR. CHAIRMAN: The next appeal is in behalf of JAMES and MARY ANN ABBOTT. It's appeal number 4264. Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3 for approval of proposed lot-line change between two existing substandard parcels, which as modified will Page 30-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals contain insufficient lot area and width (with no increase in dwelling density.) Location of Property: 8740 and 8810 Peconic Bay Boulevard, Laurel, N.Y.; County Tax Map Parcels No. 1000-126-5-Lots 2 and 3, a copy of the survey prepared by William R. Simmons, III, most recent date is amended 6/25/94 indicating the two parcels with the proposed lot-line change. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody that like to be heard? Ms. Wickham, how are you tonight? ABIGAIL WICKHAM: Abigail Wickham, I'm appearing here for the Abbotts, for the Lahmanns, who are with me tonight. -- BOARD SECRETARY KOWALSKI: No, Abbott. MR. CHAIRMAN: No, Abbott. ABIGAIL WICKHAM: Oh! I'm sorry, I got a ......... . This parcel is a, consists of two properties which are owned, one by Mr. Abbott, one by Mr. Abbott and his wife. He's merely attempting to straighten out the line between the two to make them both more regular. Actually what you will be doing, we would be doing, create a larger lot for the property on which there are, are more buildings. His intention is to convey the lot which he owns alone on which there's one building located to his brother at the conclusion of this application that he ( ) applications. If the Board has any questions I'd be happy to answer them. MR. CHAIRMAN: approximately a I've know these properties for years having grown up ],000 feet, 1200 feet from these properties. I don't Page 31-Hearing Transcripts Regular Meeting of September 7, Southold Town Board of Appeals 1994 have any particular question, I think it's great. I'll lend my discussion to my fellow Board Members there. Mr. Villa, Mr, Dinizio. MEMBER VILLA: I don't have any questions. MEMBER DINIZIO: No, I don't have any questions. MR. CHAIRMAN: Is there anybody in the audience would like to speak either in favor or against this application? I'll offer resolution granting as applied for. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. MR. CHAIRMAN: Thank you Ms. WICKHAM. 8:23 P.M. Appl. No. 4263 - MARY ANN LAHMANN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for a review of a single-and-separate search and determination that the Town will recognize this substandard lot as a distinctly separate parcel for the purposes of zoning. This is not a subdivision project and will be only a determination pertaining to a non-merged or merged status. Location of Property: 775 Knowland Lane, Mattituck, N.Y.; County Tax Map Parcel No. 1000-107-6-6. Copy of a single and separate search. I have a copy of the lot size or in the way of a survey produced by Anthony Lewandowski, most recent date is June 18, 1994. Parcel in question is 124.27 by 100 approximately and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area and we're ready. Page 32-Hearing Transcripts Regular Meeting of September 7, Southold Town Board of Appeals 1994 ABIGAIL WICKHAM: Thank you. I still have with me Mr. & Mrs. Lahmann. We are here on behalf of their application. This property was acquired in the early sixties by Mr. Lahmann's mother and at the time it derived from a subdivision map which was created in the early fifties. It was a map which was never filed but most of the lots were sold off according to the map or, or very similar to it in the fifties and sixties. Three gentlemen own this and surrounding properties and they conveyed out each of the various lots in various configurations. I tried to give the Board as much historical background as we had on this property including a single and separate search that shows that this particular was single and separate back to I believe 1959 for certain. Based on the descriptions that appears to be the case two of the adjoining properties were conveyed in separate parcels so some of it was conveyed out prior to the 1957 ordinance date, some of the adjoining properties. I gave the Board a copy of the Knollwood Terrace Map which was created in the fifties. I also submitted, this harbors back to the days of Howard Terry in the Building Department and apparently before this lot was purchased by the Lahmanns' predecessors the Gunthers, there was inquiry, made as to whether this could be or whether an adjoining property or this property could be considered as a billable parcel and in looking at his records of the Town he was of the opinion that it could be. The Lahmanns do not own the property immediately to use. It is separate by a right-of-way which is jointly owned by another party and it is really an appendage unto itself. It is not useable as anything other than a separate lot. Also, I'm looking at the tax map. It appears that there are a number of other properties in Page 33-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals this neighborhood which are small and as small and almost as small as this property. I also note, that there don't appear to be any parcels here in the immediate neighborhood which would be subject to a subdivision such that this would set a precedence. If the Board has any questions or perhaps any comments I'd be happy to tryn answer. MR. CHAIRMAN: I don't at this time Ms. WICKHAM. (Discussion between Board Secretary Kowalski and Mr. Chairman). an MR. CHAIRMAN: Oh! Yeah! Do you have the original? We, we, you gave us a copy. ABIGAIL WICKHAM: The original single and separate search? I believe I do. Yes, I'll give that to you. Actually I think Ms. Doherty has the original but I will submit it. I will have it submitted to you immediately after the hearing. MR. CHAIRMAN: Thank you. ABIGAIL WICKHAM: I received a copy myself. MR. CHAIRMAN: Thank you. Gentlemen, lady? MEMBER DINIZIO: MR. CHAIRMAN: MEMBER VILLA: appears that it's a single and separate from what I can see. MR. CHAIRMAN: Well there was at some time that Mrs. owned a percentage of that right-of way, did she not? any questions of this nice No. Bob? No. It looks like just check through the title search it Lahmann Page 34-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals ABIGAIL WICKHAM: Mrs. Lahmann does still own a half interest in the right-of-way. Yes, together with a, originally Gunther and I need, I believe it's now Andrejack who ( ). MR. CHAIRMAN: This right-of-way has always been used for the transversal of the driveway from Knollwood Lane to the two sites .... . ABIGAIL WICKHAM: The tax lots 4 and 5. Mrs. Lahmann's property and the Andrejack property. MR. CHAIRMAN: Right. I don't have any further questions, you know, we have a great historical background on this one and we will be discussing it. Let's see what develops throughout the hearing and we'll probably ask you to come back. Thank you. Is there anybody else would like to speak in favor of this application? Anybody like to speak against this application? ROBERT NAGEL: Yes. MR. CHAIRMAN: Sir, would you state your name for the record. ROBERT NAGEL: I'm Robert Nagel. I own the piece of property which I sent a letter to the Board that I had estimated or thought I was in the adjoining property ( ), not realizing that that right-of-way eliminates me as an adjoining member, adjoining, but I'm certainly very interested in this and have many concerns .... You live on 3 which is on the water ..... yes, you MR. CHAIRMAN: live on 3. ROBERT NAGEL: Yes, I'm on 3. Yes, OK. I guess the, the many, I guess directly to what was stated before, this plot is not as small or almost as small as the others. It is actually 16% smaller than any others of the lots nearby. The smallest is 6% smaller than the smallest Page 35-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals plot. There are, as I look through some of the papers I noticed that the appeal from the decision of the Building Inspector stated that the applicant desires to construct a single family dwelling residence on the substandard plot on the lot. I also noticed that Ms. Lewandowski a MR. CHAIRMAN: The surveyor? ROBERT NAGEL: The survey is for Mr. Charles Lustenring so I think that this is, that if this is successful, that this part will be transferred to sale to someone else so I think that needs to be thought about. Also, it's a very small house as you see on the survey. It does meet the requirements. I understand the requirements are 850, this is 870, but it is a, to make in todays market place I think that to build and make it worthwhile is to, any kind of a size in volume, the owner would probably want to go maximum which I understand is 35 feet. If it was 30 in the front and 35 feet high I think it would be an extraordinary looking tower and not an addition to the neighborhood at all. Also the fact that there's a proposed driveway because and no carport or garage is installed cause there's not room for one so you would have that to contend with as well. I think the issue, I'm just talking about the kind of concerns I have about my property and its impact, but also I think there's something that is an environmental issue here which I think needs to be, I don't know if it takes place in your consideration but it needs to be considered at some point in this whole process. As I understand and with my discussions with the Suffolk County Department of Health Services, this is a shallow well area which requires that the distance between a cesspool and a wellhead Page 36-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals should be 150 feet. The deed and that also includes not only the surrounding neighborhoods but, but, the owner of the bigger properties themselves whoever owns it. The distance that is shown on this, on the Lewandowski plot plan shows the distance of 125 feet between on that property. Between the proposed well and the septic tank, that is the cesspool. The, the circular cesspool. The distance between Mr. Earley's property which is directly as you see 1 guess to the east is 140 feet and the distance to my property, to my wellhead is less than 100 feet. OK, and I happen to be on the downhill side because drainage through the aquifer and through any effluence toxic materials and blooms that would not be biodegradable for lack of oxygen, etc. would flow right into me because the water flow is down towards the inlet which I ( ). Also, the issue has been made, and I, I would like to address the 100-244 deed. The Lahmanns have held not only their property which is on the water directly adjacent to me but they have this right-of-way as well as the property in question and the position I believe their taking is that since it was co-owner by someone else therefore it is not of distinct insep, inseparable. I think that there's something that I read that is interesting because it's in print on the Board of Appeals, appeal from decision on the form itself that number says, number 3, "the hardship would observe the spirit of the ordinance", and I think the spirit of the ordinance would be addressed to this, this whole idea as proposed in, in Section B, that it shall not be an owner who has had you know, continuous ownership through the years rather than because the Lahmanns only own half of that side well which, I, I think those points need to be addressed. Also, a Page 37-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals question I really, talking about this building which would be 35 feet. This property is slope below point near the road high point towards the back. When they talk about 35 foot building is that, is that the height from the back for example, or from the front or what? MR. CHAIRMAN: It's a medium height. ROBERT NAGEL: It would be a medium height, I see. Therefore, the front would be higher, could be higher than 35 feeould be higher (Several Members answering, Would be highe; Yes; Yes, that's right.) ROBERT NAGEL: So it would be even more highel~ and more of an eyesore as far as we're concerned. I think that covers my, my concern, OK. Thank you very much. MR. CHAIRMAN: Thank you Mr. Nagel. Is there anybody else would like to speak against this application? JOSEPH ROSS: Yes, I would. Mi{. CHAIRMAN: I see a gentleman moving up here. JOSEPH ROSS: Moving rather slowly. My name is Joseph Ross and I own the property directly across the street and I'd like to pick up on a point that Mr. Nagel made when he said that the petition by Mrs. WICKHAM was the spirit. I think it was the letter and not the spirit of the law. I think if you look at this property, this property is the, is the hub of a wheel and there are six properties going around it and if you change the hub, you change the properties around it and these properties will go down dramatically in value. That's, that's my first feeling on this. I think we should think very carefully before we grant this and secondly if it is granted and if it is the letter of the law, then I think you should also recommend that the people whose properties Page 38-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals abut this substandard property be given substantial reductions in their tax bills. That's all I have to say. MR. CHAIRMAN: Thank you Sir. Is there anybody else would like to speak? Sir! Kindly state your name for the record also. RALPH NOFI: I'm Ralph Nofi, Knollwood Lane, I own on the Tax Map, Lot 16 which is across from the subject property. I also share the concerns that Mr. Nagel expreses. I think their quite critical for us who live in the area, particularly the environmental concerns. My wellhead happens to be a 20 feet in from the road line which is also a problem. We have cesspools that are not meeting code distances. I'm also concerned that we're setting a precedence here by taking a substandard lot and developing it. My concern is that we windup with things that have gone on ( ) for every little bit of property no matter what its size is built on and I don't think that that's what ordinance intends in terms of lot sizes and what can be done with those lots and I have asked that the Board seriously consider the impact of the development that parcels on all of us who are neighbors in that area because I think that it will impact us in the negative passion not in the positive passion. Thank you. MR. CHAIRMAN: Thank you Sir. Is there anybody else would like to speak? Ms. WICKHAM, anything to rebut? ABIGAIL WICKHAM: Yes, if I may. MR. CHAIRMAN: Sure. ABIGAIL WICKHAM: I, I just like to note a few things. First of all, as to the discussions by these gentlemen about the spirit of the ordinance, I think we are here precisely because of the language of Page 39-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals 100-244B. I think that this is the type of property that that section was addressed to and we're asking for a merger, non merger determination. In 1959 when this property was separated by deed, my understanding is that the Zoning Ordinance permitted 1/4 acre lots. As to the issue of the size of lot these would be surrounding properties I note, that the property across the street, number 15, while I don't have the surveyor's computation appears to be several feet, square feet smaller than this property, it's certainly very close in size. I didn't get the gentleman's name that spoke last. He is speaking from a ]5,000 square foot lot. There are other comfortably situated properties in the, in the neighborhood. As far as the common on value and, and it was just a common, there was no proof offered. I also note, that this property had been shown on a map of the area since 1951 and it is shown clearly as a separate lot on the Tax Map, so I don't think they could have been surprised that there would be the possibility of another lot here. Certainly, the Health Department is an area which will have to be addressed. It is however single and separate for the Health Department purposes. If the Health Department has any concerns I'm sure they will voice them and the property will have to be addressed in that manner in terms of separation and depth. The Lahmanns are selling the property and I don't think that it was intended not to convey that to the Board. MR. CHAIRMAN: Thank you. MRS. EARLEY: I'm Mrs. Earley and I'm adjacent to the lot alongside and I just want to tell you I'm opposed for the same reasons Page 40-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals as my neighbors and we feel as have to gain. MR. CHAIRMAN: Thank you. though we have more to lose than we Hearing no further comment I'll make a motion closing the hearing and reserving decision until later. Second. ALL in favor? MEMBER VILLA: MR. CHAIRMAN: MEMBERS: Aye. MR. CHAIRMAN: Thank you very much everybody for coming in, safe home and thank you for your courtesy. 8:46 P.M. MR. CHAIRMAN: Appl. No. 4267 The second from the last hearing of the evening is in behalf of ANN M. SHANNON. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition which will exceed 20% lot coverage. Location of Property: 2775 Marratooka Road, Mattituck, N.Y.; County Tax Map Parcel 1000-123-2-6. We have a parcel of property on Marratooka Road with an existing one story dwelling on the property at this time. The size of the property is 60 x 116 or approximately just under 7,000 square feet. The nature of the application is to put an addition on the rear of the dwelling of a variable 9 x 12 × 38 and we have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I believe Mr. Nine you would like to speak.? MR. NINE: No, I'm sitting right over here, thank you. MR. CHAIRMAN: Oh! How do you do. Page 41-Hearing Transcripts Regular Meeting of September 7, 1994 Southo]d Town Board of Appeals ANN SHANNON: Hi! Yeah, I've owned the property since 1968 and it's primarily a summer home. It's my intent now to extend it and within the next couple of years use it as a primarily residence. That's why I'd like to extend it. The only concern we had is it Ms. Shannon or Mrs. MR. CHAIRMAN: Shannon? ANN SHANNON: MR. CHAIRMAN: the rear of the It's Ms. Was that as you progressively place more addition on dwelling you completely, almost totally obliterate I guess that's the word to use, the use of the garage. ANN SHANNON: Well, that was explained. It's our intent to move the garage, but we were told we did not have to include it as part of ( ) on that, um, the garage would be pushed the variance. Ray back. MR. CHAIRMAN: I see. All right. I don't have any particular concerns. My calculations prior to this meeting, oh! about twenty-five minutes after seven tonight was with the addition you are exceeding the lot coverage by approximately 6.2% so --- MEMBER VILLA: Now , wait a minute Jerry, you said 9 x 38. I think that 9 foot dimension you're looking at --- MR. CHAIRMAN: I figured, I figured 12 x 38. I figured 1370 off of the Assessor as a total of 456 for the addition for a total 1826 and then the division I cam up with 26.2. The 20% is the lot coverage so we're talking 26.2 or 6.2 over and a .... BOARD SECRETARY KOWALSKI: What was the total square footage Jerry, with the existing and the proposed? Page 42-Hearing Transcripts Regular Meeting of September 7, ]994 Southo]d Town Board of Appeals MR. CHAIRMAN: The existing is 1370, the proposed 456 and a total of 1826. BOARD SECRETARY KOWALSKI: All right. MEMBER VILLA: One question on that. On the plan I have it says add 18 on the back and then it's cross out, it's 14. ANN SHANNON: No, no, it's 14. There was a mistake made --- MEMBER VILLA: So it's 14 x .... MR. CHAIRMAN: All right. So it's 14 x 38. MEMBER VILLA: So it's 530 feet square feet. MR. CHAIRMAN: All right. 532 (Speaking between themselves) So, it's going to be around 27%. This is going to be a one story structure, is that correct? Your just bringing that entire roof line over ..... ANN SHANNON: Well, if you, if you looked at the house now it's, it's kind of split and to make it to one roof a will avoid a lot of ( ) so that's that (cannot understand too much noise interfering). MR. CHAIRMAN: What, what do you have Bob? MEMBER VILLA: Yes, it's about 28%. Mr. CHAIRMAN: You have 28 or 27? MEMBER VILLA: I have about 28. MR. CHAIRMAN: 28. All right. Let's just ask a. couple of questions in the audience. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Any other questions gentlemen? MEMBER VILLA: Just a question you said first a one, one story building, but there's going to be a stairwell going up to the second floor? Page 43-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals ANN SHANNON: Well there is, it's, it's a, but it's, it's an attic. have stairs right now that goes up to the attic. MEMBER VILLA: But it could be an expendable cape really, this is what it's going to be. ANN SHANNON: That's not my intent, my intent is to keep it right on one floor. MR. CHAIRMAN: Does anybody have any specific objection to this? MEMBER DINIZIO: Where are you going to move the garage to? ANN SHANNON: Just back, it's --- MEMBER DINIZIO: Back, you're going to still keep that one put? ANN SHANNON: It has to be as we were told, it has to be 3 feet from the property line on both sides. MEMBER DINIZIO: So, you're going to move it in ...... ANN SHANNON: So, I'll have to come in, I think it's only one foot now, it has to come in two more feet. MEMBER DINIZIO: MR. CHAIRMAN: MEMBER DINIZIO: MR. CHAIRMAN: MEMBER VILLA: MR. CHAIRMAN: motion granting presumption that right. MEMBER DINZiO: MR. CHAIRMAN: OK. That's all I have. Does anybody have any objection to? No, I don't. Bob? Not really. All right. Hearing no further comment, I'll make a it as applied for on the basis of course, or the the garage be moved to a conforming location. All Second. All in favor? Page 44-Hearing Transcripts Regular Meeting of September 7, Southold Town Board of Appeals 1994 MEMBERS: Aye. MR. CHAIRMAN: ANN SHANNON: MR. CHAIRMAN: Thank you so much. Thank you. All right. Quickly (At this point there was a health emergency of Mr. taken to call the ambulance. ) Ross. Recess was 9:12 P.M. Appl. No. 4257 - OSPREY DOMINION CO. and FREDERICK KOEHLER, JR., reconvened. MR. CHAIRMAN: Ail right, I mean I'll make the motion and you second it. MEMBER DINIZlO: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. MR. CHAIRMAN: Mrs. Draper it's, I understand that you spoke to MR. Raynor, both of you ladies spoke to Mr. Raynor and he is going to furnish you with any information that you need and so we will probably see you at the final hearing. Is that all right? VIRGINIA DRAPER: That's fine. MR. CHAIRMAN: All right. We thank you Mr. Raynor for taking these ladies comments in consideration and we thank you for coming back. Hearing no further comment, I'll recess the hearing until the actual map is finalized and we hope that's in the very near future. I offer as a resolution gentlemen. Page 45-Hearing Transcripts Regular Meeting of September 7, Southold Town Board of Appeals 1994 MEMBER VILLA: MEMBERS: Aye. Second.MR. CHAIRMAN: All in favor? 9:12 P.M. Appl. No. 4258 - THOMAS F. McKENZIE. MR. CHAIRMAN: The last hearing of the, agenda is a reconvene hearing and the last meeting a couple of neighbors were not present and that is the McKenzie hearing. I'll reconvene the hearing. I see Mr. McKenzie as not being here and we will ask those nice people in the audience to voice their concerns. Gentleman in the striped shirt I think was .... . I said that you want to voice your concern over the MeKenzie. JOSEPH FUDJINSKI: Yes, is this part of the meeting now? MR. CHAIRMAN: Yes, yes~ you would Sir. JOSEPH FUDJINSKI: Good Use the mike and just state your name if evening. My name is Joseph Fudjinski. My wife and I own property that abuts the whole area of the proposed barn, garage and storage area and horse corral, 150 feet of all right next to my property. My property is known as "Whitecap" in Suffolk. I rent, furnish, 6 furnished summer apartment. The place has been in business for 65 years. I have operated it for 28. This represents a very bad thing for me. The problem with the horses is, is almost self evident. The horse manure, flies, the urine. All of act, one whiff of it and my business is down the tube. Another problem is the new septic we have are very shallow aquifer. Only 18, 15, 18 feet down, Page 46-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals just a bed of gravel and I don't know what the results would be of constant urination, defecation, whatever they happen to be on, the water on the water sept supply on that there. One of my buildings, my main house is on the 30 feet from the property line and two ( ) and two apartments and they'll be exposed to the odors all of the time. My main cottage, there's an upstairs and a downstairs is 4 rooms in one and 3 rooms in the other is only 8 feet from the property line. My well is 20 feet from the property line, 8 foot off the main road and it will be right, it will be within 40 feet of the 50 feet of the horse corral area so the combination of the odors, possible contamination of the water just makes it a very poor idea I think, plus this building if any of you have been there is on, it's the south east corner of where the blinker is. It's a very, busiest corner in New Suffolk and those horses won't get much sleep sometimes. It's, it's, it's a crazy idea. We do have a horse farm and it's a, it's situated and abuts the remaining 5 or 6 acres of the farm. We have a farm that comprised almost all of New Suffolk years ago and that's a long way from us and it's a long way from across the street from any ( ) houses and like that. But, that does exists but this one is very close. My water, I comply with all the town, county, state regulations. My water is tested once a year. The two restaurants, the water is tested once a year. My water is found to be uniformly the highest quality. Restaurants have a great deal of trouble because they, they're only one block. The wells I think are about a block off First Street, they're up on Second Street, I think, and one owner was telling me he had to, to just recently put in three wells so I don't know how the nitrates, nitrates, whatever it is from Page 47-Hearing Transcripts Regular Meeting of September 7, Southold Town ioa~ of Appeals 1994 the, the urine would work on that. I know farmers who farm on the north road and have used maybe animal manures for even a, artificial fertilizing now. When they go to sell a parcel off and they have to get a well dug and they can present it as, apparently when they sell the parcel the home ( ) you have to have a road dug already to get it improved and some of them have to dig 2 or 3 wells before they get a well that's pure. They go down hundreds of feet. But, this, this presents a very big problem to me. I would hope that the Board will deny the variance. It's just too small an area. MR. CHAIRMAN: Does anybody have any questions of this applicant? BOARD SECREATRY KOWALSKI: Well he's not the applicant. MR. CHAIRMAN: I mean of this neighbor rather? Could be anything tonight after what has occurred. Anybody? No, no. Ail right, we thank you Sir. Is there anybody would like to speak? All ~ight. JANE CROUCH: We know he's going to put two horses in and he told us that a month after he moved in and we're kitty-cornered. You have my letter I think. MR. CHAIRMAN: Right. Can you state your name for the record. JANE CROUCH: Jane Crouch and Raymond Crouch. MR. CHAIRMAN: All right. I just want you to aware that of course the application that's before us is for the, is for the barn. All right. JANE CROUCH: It's for a variance. BOARD SECRETARY KOWALSKI: And the horse corral too. MR. CHAIRMAN: And the horse corral, right. JOSEPH FUDJINSKI: The barn specifies two horse stalls. MR. CHAIRMAN: But, I'm just saying ...... . PaKe 48-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appea~s JOSEPH FUDJINSKI: And, and specified the horse corral. BOARD SECRETARY KOWALSKI: need a variance. MR. CHAIRMAN: They both need a variance. horse there without a variance. the Notice of the Public Hearing That's right. They both, they both He of course could put a BOARD SECRETARY KOWALSKI: No, no he can't. It's front yard, that's part of the variance too Jerry. Horse corrals must be in the rear yard. MR. CHAIRMAN: Oh! Yeah! 40 feet from any lot line. You're right. I stand corrected. JANE CROUCH: ........ I just wanted say too. We've ( ) the Health Department Services and when we rent our carriage house out we cannot keep anything, not even the lawn mower in the apartment, in ( ) there and he's going to have a two car garage and a barn and something to store hay? What about the possibility of a fire, and rates, and all of these other things that come in an animal so close? MR. CHAIRMAN: All right. Thank you. Is there anybody else would like to speak? Seeing, yes ma'am. BETTY GILL: I'm just up the street to those people. MR. CHAIRMAN: Could I have your name dear? BETTY GILL: I live 14 Jackson. I know over the years other people have owned that property ( ) and put up a building there and they have been turned down, both times. Now, this man wants to put two buildings plus a corral, wants animals. It's right in the middle of residences. There's plenty of area he could have bought with plenty of Page 49-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals land, he didn't have to come down here and buy that. It's less than an acre. MR. CHAIRMAN: Thank you. All right, 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. Page 49-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of .a, pp~als land, acre. MR. he didn't have to come down here and buy that. It's less than an CHAIRMAN: Thank you. All right, 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. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLF~qK D~TE ~,/~/~ HOU~ ¢,~ ~.~