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HomeMy WebLinkAboutZBA-10/05/1994 HEARINGPUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD October 5, 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 - Transcript of Hearings October 5, 1994 Regular Meeting INDEX APPLN.# APPLICANT PAGES 4255 4268 4269 4270 4271 4273 4272 ROBERT S. SEARLE EDWARD AND EVELYN HALPERT FREDERICK RAYMES EILEEN FARRELL JEAN AND LOUIS WALTERS, JR. RUSS L'HOMMEDIEU THOMAS FABB 3-4 4-8 8-10 10-19 20-22 23-29 29-38 Page 3 - Transcript of Hearings October 5, 1994 Regular Meeting 7:33 P.M. Appl. No. 4225 - ROBERT S. SEARLE. MR. CHAIRMAN: This is a continuation for ROBERT S. SEARLE from Fishers Island. The original hearing was heard on August 11, 1994. This is a request for a Variance under Article III, Section 100-32 of the Southold Town Zoning Ordinance, based upon the July 12, 1994 Notice of Disapproval frown the Building Inspector, for permission to construct a new single-family dwelling and 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 tile other at the south end of this parcel. The Zone District is R-120 Residential which requires a minimum front yard setback of 60 feet. I have a copy of a survey produced by Chandler, Palmer & King which is the same survey we were dealing with before. Date of the original survey was February 1, 1990, updated with revisions on December 21, 1993. At this particular time the applicant is proposing this dwelling in size of approximately 1650 square feet at 41 feet from a private road at its closest point. I have a copy of the Suffolk !Fax Map indicating this and surrounding properties in the area. Is there anybody who would like to be heard? Anybody like to speak against? Seeing no hands --- Page 4 - Transcript of Hearings October 5, 1994 Regular Meeting BOARD SECRETARY KOWALSKI: letter in the file from Mr. Ham. just note it for the records. MR. CHAIRMAN: All right. dated September 16, 1994 I just like to mention that there's a It's on the front. If you will There's a letter from Stephen Ham, which encumbrances the additional information that Mr. Villa was requesting and I ask you at this point gentlemen, do you have any objection to this application? MEMBERS: No, no. MR. VILLA: Basically stated that the elevation as shown or what he's willing or wants to live with, if that's the case I have no problem with it. MR. CHAIRMAN: All right. It would be interesting next year to go back and look at this once it's constructed. Since our Senior Member from the great state of Fishers Island is here would you like to make the motion. MEMBER DOYEN: MR. CHAIRMAN: MEMBERS: Aye. MEMBER DINIZIO: year to go there? MR. CHAIRMAN: Yes, so we'll grant it as applied for. I'll second it. All in favor? Can we somehow get an appoint~nent with him next Yes. 7:35 P.M.. Appl. No. 4268 - EDWARD AND EVELYN HALPERT. Page 5 - Transcript of Hearings October 5, 1994 Regular Meeting MR. CHAIRMAN: Variance from Article IliA, Section 100-30A.2C(1) (ref. Section 100-31C(4-b) and 100-33C), based upon the Notice of Disapproval (as updated August 10, 1994) for permission to locate tennis court structure with 10 ft. high fencing with insufficient setbacks widen located in the front yard, and with fencing exceeding the four-ft, height restriction under Article XXIII, Section 100-2glA. Location of Property: 2125 Town Harbor Lane, Southold; County Tax Map Parcel No. 1000-66-1-31. I have a copy of a survey which was produced by Krause Land Surveyors. It was surveyed on January 27, 1992. The nature of this application is a penned-in tennis court area, approximately 12 feet is closest point to Town Harbor Lane, approximately 12 feet in the rear and approximately 20 feet on the easterly bound and it indicates we have 60 x 120 and as the nature of the legal notice we are requesting, this gentleman is requesting a 10 foot fence or this applicant and 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 regarding the tennis court application? Is there anybody who would like to speak either for or against this? Any questions from Board Members? MEMBER VILLA: Has there been any comments from any neighbors? Correspondence any phone calls? EDWARD HALPERT: ( ). I have letters from two near neigt~bors with me that I can add to the record proving .... MR. CHAIRMAN: You are Mr. Halpert? EDWARD HALPERT: I am. Page 6 - Transcript of Hearings October 5, 1994 Regular Meeting MR. CHAIRMAN: All right. Is there any anticipation of any lighting for this court Mr. Halpert? EDWARD HALPERT: There is none. MR. CHIARMAN: All right. BOARD SECRETARY KOWALSKI: Do you have the letters with you, Mr. Halpept ? EDWARD HALPERT: I do. BOARD SECRETAt~Y KOWALSKI: Yes, we would like those, please. MEMBER VILLA: How accurate is this 12 foot measure, because if you look at northerly line, it says it's 144 feet and we're not very far off that line, so the angle would have to be extreme I would think. He's got a 120 foot court, you have 20 feet off the easterly line, that's 140 and 12 that's 152 feet. I don't think you pick up 8 feet in a little over 12 feet. EDWARD HALPERT: Actually, when I made this out it was earlier. I will be 15 feet off the northern line in order to preserve some trees which in turn will make that angle about 13 feet. It moves it further south, the whole business. It, it, as far as I can tell, I'll be 13 feet at the nearest corner to the property line on the eastern boarder, part western boarder. MR. CHAIRMAN: Is there any reason why you chose to crowd that line rather than the easterly line? EDWARD HALPERT: Only to preserve a nice tree that is in the far corner and a, it really will, even if I were to move as far as to the east as I could, I wouldn't benefit Herb Adlers whose house is Page 7 - Transcript of Hearings October 5, 1994 Regular Meeting directly to the north, whereas it would be a little closer to the Fishers and a, I think it's a little compromise for them and it saves the tree. The tree would be in the north east corner. MR. CHAIRMAN: Is there any anticipation of any screening along Town Harbor Road? EDWARD HALPERT: Additional trees, or --- MR. CHAIRMAN: Yes. Green, evergreen type EDWARD HALPERT: I took down six old large diseased hemlocks ( ) and four more trees that had really been blighted by the shade of those hemlocks and I will be putting in before the court comes in ten more trees that will be about ten foot high. There will be two spruces, arborvitae and things that will not grow up as high and that's out of consideration of Mr. Adler wanted more light in his house. I'm just as happy to have the trees then. MR. CHAIRMAN: I see, all right. MEMBER VILLA: Is there a reason why the court couldn't be moved a few more feet to the south, closer to your residence.? EDWARD HALPERT: It will be 15 feet on that northern line. MR. CHAIRMAN: Is this a clay court or an aspl~alt court? EDWARD HALPERT: No, it's a all weather court and in general the neighbors seemed very pleased because it would give them all weather court to play on. MR. CHAIRMAN: Is there anybody else would like to speak again, either for.or against this application? Page 8 - Transcript of Hearings October 5, 1994 Regular Meeting MEMBER VILLA: I still question that 12 feet on the front line but you feel it's not going to encroach anymore than 12 feet. MR. CHAIRMAN: You said 13. EDWARD HALPERT: I'll commit myself to the fact that it will not be nearer than 12 feet to the property line on the Town Harbor Lane side of the property. MR. CHAIRMAN: Any other questions gentlemen? MEMBERS: No, no. MR. CHAIRMAN: All right. Hearing no further comment I'll make a motion closing the hearing reserving decision until later. Second. All in favor? MEMBER VILLA: MR. CHAIRMAN: MEMBERS: Aye. MR. CHAIRMAN: We may have a decision for you tonight, welcome to call us tomorrow if you don't want to stay Halpert. It's a pleasure meeting you, Sir and -- EDWARD HALPERT: I'm very appreciative of your ( ). leave these two letters. MR. CHAIRMAN: Surely. Thank you. EDWARD HALPERT: Thank you very much. You're around Mr. I want to 7:40 P.M. Appl, No. 4269 - FREDERICK RAYMES. Page 9 - Transcript of Hearings October 5, 1994 Regular Meeting MR. CHAIRMAN: Variance from Article IIIA, Section 100-30A.4 (l~ef. 100-33) based upon the August 2, 1994 Notice of Disapproval for approval of accessory shed building, as exists in the northerly side yard area. Location of Property: 704 Wiggins Lane (with frontage along canal of Gull Pond Inlet), Greenport; County Tax Map Parcel No. 1000-35-4-19. The subject premises contains a total lot area of 14,316 sq. ft. {Setback of building when located in an area other than a permitted yard must be determined by the Board of Appeals.) I have a copy of the survey indicating the approximate placement of the house which I believe at one time was the nature of the application before this Board and highlighted in the northerly or north westerly area of the lot is the shed in question which is approximately 5 feet from that property line and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. It appears that the shed is 8 feet wide and 8., 8 feet 6 inches in height and wood construction. Is there somebody that would like to be heard concerning this application? Mr. Raymes is not here. BOARD SECRETARY KOWALSKI: Yes, he is here. MR. CHAIRMAN: He is here. Oh! you are here. How do you do sir? Is there something you'd like to state for the record? FREDERICK RAYMES: I thought I had the permit from the Trustees. This is why I built the shed before I had approval. I located it. at the same distance from the canal as the previously authorized house variance and to the adjoining to the vacant lot Page 10 - Transcript of Hearings October 5, 1994 Regular Meeting which doesn't look like it's going to be developed in the future and as far away from the private road as I could. I think it's in the least ( ) position and in conformance with the main construction. MR. CHAIRMAN: I have in the set of plans 8 feet. What is the actual width of it? I know --- FREDERICK RAYMES: 8 x 10 foot. MR. CHAIRMAN: It's 8 x 10, all right. I didn't look at the other side. Thank you. Are there any utilities in the shed? Electricity? FREDERICK RAYMES: No. MR. CHAIRMAN: No, strictly a storage. FREDERICK RAYMES: Strictly. MR. CHAIRMAN: Do the Board members have any questions of this applicant? Bob? MEMBER VILLA: No. MR. CHAIRMAN: Gentlemen? It looks like they're being kind to you tonight. Is there anybody else that would like to speak either for or against this application? Hearing no comment I'll make a motion granting the application as it's applied for with the provision that no future utilities be placed in the shed. MEMBER DIN1ZIO: MR. CHAIRMAN: MEMBERS: Aye. Second. All in favor? 7:50 P.M. - Appl. No. 4270 - EILEEN FARRELL. Page 11 - Transcript of Hearings October 5, 1994 Regular Meeting MR. CHAIRMAN: Variance based upon the August 22, 1994 Notice of Disapproval from the Building Inspector wherein applicant requested a building permit to construct addition and alteration to a nonconforming building with a nonconforming use, and which permit was disapproved under Article XXIV, Section 100-243 of the Zoning Code which does not permit enlargement reconstruction, structural alterations or movement unless the use of such building is changed to a conforming use. The subject premises contains a total lot area of 28,710+- sq. ft. and contains the following nonconformist's: more than one single-family dwelling on a substandard lot; nonconforming easterly side yard. The following expansion is proposed: new addition which will increase the floor area, and proposed deck addition. Location of Property: 760 Great Peconic Bay Boulevard, Laurel; Tax Map Parcel 1000-145-2-7; also shown on the Map of Dudley Park filed September 17, 1928 as Lot 3. I have a copy of the survey from Alden W. Young, dated March 30, 1985, indicating with enhancement to date, indicating the proposed addition which extends toward Peconic Bay Boulevard and the proposed deck area which extends toward the Great Peconic Bay and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody that would like to be heard? Mr. Olsen how are you sir? GARY OLSEN: I'm well. How are you? MR. CHAIRMAN: Good. Page 12 - Transcript of Hearings October 5, 1994 Regular Meeting GARY petitioner and I have represent the applicant, located on the south OLSEN: My name is Gary Olsen. I'm the attorney for the my office at Main Road in Cutchogue. I Eileen Farrell, who is the owner of property side of Peconic Bay Boulevard in Laurel, designated on the Tax Map as District 1000, Section 145, Block 2, Lot 7 and I'm submitting a copy of the Tax Map and I have outlined the property in yellow ink and I'm also submitting the return receipts for your file from the adjoining landowners. MR. CHAIRMAN: Thank you. GARY OLSEN: As you can see by the Tax Map the property is approximately 59 feet in width and runs from the south side of Peconic Bay Boulevard to Peconic Bay, the distance of about 495 feet. Located on the property is house on the south end of the property overlooking Peconic Bay and then on the north end of the property there's a house which is the subject to this application. I'm submitting a survey prepared by Young & Young which you alluded to showing the dimensions of the property and the structures thereon along with the proposed additions which Mrs. Farrell seeks to construct on the house which is located on the north end of the property. MR. CHAIRMAN: Thank you. GARY OLSEN: The property is presently zoned R-40 and under the present zoning two houses would not be permitted. However, the property is zoned for residential purposes. Due to the fact, thai both residences on the property were built prior to April of 1957, Page 13 - Transcript of Hearings October 5, 1994 Regular Meeting they may remain as nonconforming structures. I wish to point out that what makes the structures nonconforming is the fact, that the second residence exists on the property rather than the fact, that the second structure is being used for a purpose not permitted in a residential zone such as a commercial use, industrial or business use. You have in your possession complete building plans prepared by the architectural firm of Suter & Suter setting forth the alterations and additions which Mrs. Farrell is seeking to make to the house on the north end of her property. That's the end facing Peconic Bay Boulevard. The motivating factor in making the alterations and additions is to provide living accommodations for Mrs. Farrell's son and his wife and their three children. They have twin boys, the age of 4 and they have a young daughter, the age of 3 and one of the twin boys is severely handicapped. Presently the house has only two small bedrooms on the first floor and Mrs. Farrelt is seeking to enlarge the bedroom so that the two boys can have a room and then their granddaughter would have the other room downstairs, and to provide a bedroom on the second floor for her son and daughter-in-law. I have been advised that her son is presently in need of this assistance from his parents since the medical expenses incurred on behalf of his handicapped son have been astronomica! and have caused great financial hardship. I would point out that prior alterations were already made on this structure pursuant to a Building Permit issued by the Southold Town Building Department on October 30, 1989 under Permit No. 18611Z for which a Page 14 - Transcript of Hearings October 5, 1994 Regular Meeting Certificate of Occupancy was issued on August 24, 1990, and I'd like to submit for the record a copy of the CO. MR. CHAIRMAN: Mr. Olsen, what is the closest point? Is it 6 feet 9 inches or is it 6 feet 1 inch? What is that at its closest point on the easterly side? GARY OLSEN: On the east side? I have to take a look at it. (Discussing between themselves). I'm also submitting here with No. Z19319 photographs of the house in question. see that the house that we're talking about which has been well maintained. MR. CHAIRMAN: I have the answer to that. Thank you. I'm doing this so that you can is a substantial home It's 6 foot 5 inches. GARY OLSEN: The proposed additions meet the setback requirements of the existing bulk schedule for a nonconforming lot and accordingly no front o1' side door variance would be necessitated by the proposed construction. The addition of the north end of the house and on the deck on the south end of the house will be no closer to the easterly boundary line than the existing structure is. All of the immediate neighbors are in support of Mrs. Farrell's application and I'm submitting letters from the following neighbors addressed to the Zoning Board of Appeals indicating their support. Kathryn Beverly Lauinger, who is the owner immediately to the west side of the property, her tax map number is 1000-145-216. The second letter is from R.E; Leafy and Juanita Leafy, who are owners of property immediately to the east. Their tax lot number is 1000-145-28; Page 15 - Transcript of Hearings October 5, 1994 Regular Meeting Virginia C. Byrnes, owner of property also to the east. Her tax map number is 1000-145-28 and John and Joan McNulty, who are owners of property directly across the street on Peconic Bay Boulevard on the north side, directly across from the subject premises. So, I'd like to submit those letters too. MR. CHAIRMAN: Thank you sir. GARY OLSEN: It is respectfully submitted that the granting of this variance application would not in any way result in an undesirable change in the character of the neighborhood or be a detriment to the nearby properties. In fact, the renovations would only increase the value of the surrounding properties and enhance the neighborhood since the anticipated cost of the renovations would be approximately $75,000 as set forth in the application for the Building Permit. The relief sought by the applicant could not be achieved by any other method other than coming before this Board for a Variance. As I indicated before the property is zoned for residential use and the existing nonconforming structure conforms with the existing zoning use of the property in that it is residential. Reviewing the Zoning Code, Section 100-242 which deals with Nonconforming Buildings with Conforming Uses, Article A thereof states: "That nothing in said Article should be deemed to prevent the remodeling, reconstructing, reconstruction, or enlarging of a nonconforming building containing a conforming use." As was indicated in Mrs. Farrell's application, she does not intend on relinquishing or abandoning the use of either residence on her property and would seem to serve no reasonable Page 16 - Transcript of Hearings October 5, 1994 Regular Meeting purpose to deny her application to remodel and enlarge the subject home. It is respectfully submitted that the Variance that is requested is not substantial in character and only seeks to benefit the neighborhood. I submit that there'll be no adverse effect or impact on the physical and environmental conditions in the neighborhood or district and that the applicant's difficulty in obtaining approval from the Building Department was not self created but rather was created by enclosing the current Zoning Regulations to a parcel and structures that preexists zoning and a nonconforming. As I'm sure the Board is aware the south side of Peconic Bay Boulevard was for the most part developed many years ago prior to the adoption of the Zoning Code and it was not uncommon for lots in the area to have more than one residence on the same lot which circumstances still exists today. For all the reasons stated I respectfully requests that this Board grant the applicant's Variance as applied for in the interest of justice and fairness and Doctor and Mrs. Farrell are here tonight if you have any questions I'm sure they'd be happy to entertain the questions. MR. CHAIRMAN: On Page 3, the plan, Gary, reflexes square footage first floor 1027, second floor 369. I know we're basically putting on the second floor here but, is that the increase or the total square footage, do you know? GARY OLSEN: ( ), i'll have to get the plans. (Several people speaking at one time). DR. FARRELL: Can I speak? Page 17 - Transcript of Hearings October 5, 1994 Regular Meeting MR. CHAIRMAN: Yes, surely, doctor. DR. FARRELL: There's room up there. What we're going to do is make that room into a livable room. MR. CHAIRMAN: Right, I understand. Of course it's still there so we're, I'm just looking at the anticipation of what the anticipated square footage is on the first f]eor. GARY OLSEN: The existing square footage on the first floor is 1.027. They're going to be adding 456 for a total of 1,483, and on the second floor the existing square footage was 360. They're going to be adding 270 for a total of 630. MR. CHAIRMAN: Thanks Bob. Thank you again. Oh! Yeah! I see they narrowed it on the first page. I was stuck on the, on the third page on the other thing, thank you. I don't have any specific questions at this time. I do have one question but 1'11, I'll reserve my timing here and let Mr. Villa. Mr. Villa? MEMBER VILLA: I just wonder where Do you have any questions the sanitary and the well facilities are in here because there's no indication on the survey of any of those. DOCTOR FARRELL: The wells in the front lawn. I put a new well in there to conform to whatever. I had a well in the basement and they wanted to put one in the front. When I had the front I had the house, we had some termite problems and 1 couldn't get the termites done because ( ) the front lawn and .... MEMBER VILLA: What is the front lawn? Page 18 - Transcript of Hearings October 5, 1994 Regular Meeting DOCTOR FARRELL: Facing the back ( ), way up, well beyond the extension and the, there are two big pools in the back yard. MEMBER VILLA: Further away than where the proposed deck is going to be. DOCTOR FARRELL: Oh! Yes! MEMBER VILLA: All right. MR. CHAIRMAN: Mr. Dinizio, any questions? MEMBER DINIZIO: No, I'm assuming that the, someone told you to put the well up there? DOCTOR FARRELL: Yes, someone from the ..... MEMBER DINIZIO: The Health Department? EILEEN FARRELL: The Health Department. I think it was. DOCTOR FARRELL: The Health Department. We checked with the Health Department and they told us to put it up there, so I put it up there. MR. CHAIRMAN: Mr. Wilton? MEMBER WILTON: No questions. MR. CHAIRMAN: Mr. Doyen, no questions? MEMBER DOYEN: No questions. MR. CHAIRMAN: All right. You alluded to in your discussion that the purpose of this application was of course to make the house larger. To accomodate this, this child and the nature of it, the bedroom area on the, or the square footage on the main floor is to Page 19 - Transcript of Hearings October 5, 1994 Regular Meeting accommodate this child so this child does not have to go to the second story. Is that correct? DOCTOR FARRELL: All of the children will be there. MR. CHAIRMAN: All of the children will be on the first story? DOCTOR FARRELL: Yes. MR. CHAIRMAN: All right. GARY OLSEN: There are three children, twin boys, one of which is handicapped and their 4 and the little girl is 3. So, right now there's two small bedrooms downstairs. There are no sleeping facilities upstairs right now. So, they want, want to renovate it so that the parents can sleep upstairs and have the girl have a room downstairs and the twin boys in the other room downstairs. MR. CHAIRMAN: Let's see if there's anybody else in the audience. Thank you Mr. Olsen. Is there anybody else would like to speak in favor of this application? Anybody like to speak against the application? Hearing no comment, does anybody have any objection to the application? That's 6 feet 5 inches? (Discussion between the Members). All right, I'll offer resolution granted as applied for. MEMBER DINIZIO: MR. CHAIRMAN: MEMBERS: Aye. Second. All in favor? Page 20 - Transcript of Hearings October 5, 1994 Regular Meeting ; 8:05 P.M. Appl. No. 4271 - JEAN AND LOUIS WALTERS, JR. MR. CHAIRMAN: Variance based upon the September 13, 1994 Notice of Disapproval from the Building Inspector wherein applicants applied for a Building Permit for an accessory deck, as exists around swimming pool structure, with an insufficient southerly side yard setback. Location of Property: 1450 Boisseau Avenue, Southold; Tax Map Parcel No. 1000-55-6-22. I have copies of pictures indicating the deck area as it exists and a survey produced by Roderick Van Tuyl indicating the 18 x 36 foot deck, as, excuse me, swimming pool and deck area surrounding that within a foot or so of the property line and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? How are you this evening? JEAN WALTERS: I had owned the property for 13 years and I'm recently remarried and we own the property. I waited 12 years to replace the existing deck around the pool. It was damaged early, about six months after I purchased the property and I finally had to ( ) altered because the pool and the deck were so battered by, by the pool company not knowing I needed a permit because of the existing structures and ( ) so we didn't go for a permit. So, we had no idea that what we were doing was in any way in a adverse to town code, whatever. We just put the deck back, repaired it and come to find out when we applied for the Building Permit when we, we are now in the process of refinancing. We have a closing date, Page 21 - Transcript of Hearings October 5, 1994 Regular Meeting Tuesday, the llth, when we lose our lock, rate lock and we need a CO to get our rate lock. So, needing this, it came down to a ...... MR. CHAIRMAN: Is, is that one foot three inches? Is that to the property line? JEAN WALTERS: It's right at, there's a fence around --- BOARD SECRETARY KOWALSKI: There's a sump there. JEAN WALTERS: There's a drainage sump owned by Suffolk County ( ) and our, our fence that we allowed the town to make use of a, its right there on the line and we just filled it, you know, we just put the deck back and a there use to be I guess a small gap where you put the junk food in and we just said "well this is ridiculous you can't even ( ) more back there, we'll just put it right back to the line", and we didn't know that there was any problems seeing the fence was there and .... . MR. CHAIRMAN: All right. Department and the Highway I did receive a call from the Highway Superintendent, Mr. Raymond Jacobs telling me that he had no objection to your, I think I mentioned that to you on the telephone, did I not? LOUIS WALTERS: Yeah! I had talk to Ray also. JEAN WALTERS: He was very cooperative and we in turn have been very cooperative with them at all times we can. MR. CHAIRMAN: Right. OK, lets see are there any questions. Questions, gentlemen? BOARD SECRETARY KOWALSKI: Just for the record, how high is it off the ground? Page 22 - Transcript of HearLugs October 5, 1994 Regular Meeting MR. CHAIRMAN: It looks like it's quite about even with the ground almost. BOARD SECRETARY KOWALSKI: A couple of inches, about a couple of inches off the ground? MR. CHIARMAN: One facia board there. Jim, question? MEMBER DINIZIO: Yes, who is the pool guy? JEAN WALTERS: Swim King. MEMBER DINIZIO: OK, thanks. MR. CHAIRMAN: You have no intentions of enclosing this deck area, or putting any greenhouse effect over it or anything of that nature. JEAN WALTERS: No, we ran out of funds for anything like that. MEMBER VILLA: Do you have lighting, or plan to put lighting? LOUIS WALTERS: No. MR. CHAIRMAN: What do you want me to do with this one, close it and you want to talk about it later, no? Your all set, OK. Who wants to make a motion. MEMBER DINIZIO: MEMBER VILLA: MEMBER DINIZIO: MEMBER WILTON: MEMBER DINIZO: MR. CHAIRMAN: MEMBERS: Aye. I'll make a motion. Second. Granted as applied. So long as it remains unroofed. Yeah, I don't think they applied for a roof. All in favor? Page 23 - Transcript of Hearings October 5, 1994 Regular Meeting 8:12 P.M. Appl. No. 4273 - RUSS L'HOMMEDIEU (as tenant and resident). MR. CHAIRMAN: Variance based upon the August 25, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to alter an existing one-family dwelling with an expanded home occupation carried on in an area exceeding 500 sq. ft. of floor area. The subject premises contains a lot area of 30,625+- sq. ft. and is improved with a single family dwelling, occupied by the applicant's home office. Location of Property: 45125 Main Road, Southold; County Tax Map Parcel No. 1000-75-2-3.1. The footprint of the house downstairs we have an area of approximately 25 x 17 which is referred to by the applicant as the gym area and it appears that the nature of this application is the 16 x 14 treatment area which is in between the reception and the bathroom or lavatory which is really a full bathroom. BOARD SECRETARY KOWALSKI: I believe it's 1,000 sq. ft. altogether. MR. CHAIRMAN: Right. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Russ would you like to say something for the. RUSS L'HOMMEDIEU: Thank you for your time and consideration of this matter. As I explained to the gentleman who came to inspect the property, basically what I'm looking to do is just expand on the existing home occupation allowance. This would allow me to conduct Page 24 - Transcript of Hearings October 5, 1994 Regular Meeting my business in a slightly larger area. It wouldn't change the amount of patients I would see nor the type of patients I would see. It would just allow these same patients to have access to some fitness equipment and allow me to treat them a little bit better. I don't think that this application will impact on the surrounding area or on the character of the region I'm living in. Thank you very much. MR. CHAIRMAN: Have you had any complaints from any neighbors or any of concern of the the applicant? RUSS L'HOMMEDIEU: Not to my knowledge. Certainly nothing has come to my attention or to the attention to my wife. MR. CHAIRMAN: While your still standing there does anybody have any specific questions of this gentleman, Bob? MEMBER VILLA: Well, basically the inside is going to be changed but the outside of the building is not going to be changed, right? RUSS L'HOMMEDIEU: No, other than a little sprucing up, nothing, no construction if that's what you're asking. MEMBER VILLA: Right. How many customers at a time are you likely to have? RUSS L'HOMMEDIEU: Well, right now I have a total of 4. I mean that's for times, tops. professional assistant. at a time, structured the whole week. I'd like to see a maybe two or three I am not currently structured for staff other than, my staff other than myself. At some point I may hire an The space does not warrant for anymore than three people four people at a time, which is, the dynamics are not for more than that. I'm not looking to run factory Page 25 - Transcript of Hearings October 5, 1994 Regular Meeting practice anyway. So, I'm going to keep my numbers low for professional reasons and certainly the physical area will necessitate me to keep it relatively low as well. MR. CHAIRMAN: Just for the record, Russ, could you, you don't mind me calling you by your first name? RUSS L'HOMMEDIEU: Oh! Not at all. MR. CHAIRMAN: Could you just state for the record what your license is and what your decrees are? RUSS L'HOMMEDIEU: Sure. I have a Bachelor's Decree in Health Science, I have a Master's Decree in Physical Therapy and licensed and registered in the State of New York as a Physical Therapist. Professionally I carry a one million, three million Mai-Practice and have appropriate liability coverage as well. MR. CHAIRMAN: Could we assume that anybody, lets assume that you had three patients concurrently staggered in a period of a half hour to forty-five minutes, could we say that those patients would probably not utilize the reception area other than come in and immediately, let me, I'm just talking from past experience. The first thing I did when I went for physical therapy was I was greeted at the door, and I was told that the bicycle was over there. RUSS L'HOMMEDIEU: That's not too far from the truth. You may have an occasional backlog and those people may occupy the 3 or 4 seats there in the waiting area. The reception area is just that, it's a reception area. You come in, you're greeted, you sign in any business transactions will take, be taken place with accepting Page 26 - Transcript of Hearings October 5, 1994 Regular Meeting copayments or resolving any insurance issues. If the patient were to come with an attendant they may stay in the waiting room, but that's the basic function of the reception area is to serve as a reception area and waiting for someone who a might be receiving treatment in the back. MR. CHAIRMAN: OK. So, quite, quite uniquely there could be someone in the back alone at the same time while you could be treating them in the treatment area which would be in between. other words, they could be working independently on their own. RUSS L'HOMMEDIEU: issues that I would, someone .... Well, independently is a term that liability wouldn't use, because I will have staff, billing MR. CHAIRMAN: I meant there might be a, there may be someone that is assisting you back there with them, but not to ...... RUSS L'HOMMEDIEU: Right, but not, but not mean necessarily, that's correct, that's correct. MR. CHAIRMAN: OK, as well as the, as well as the lavatory area which is rather, of course rather large because I assume it was part of the house at one time and that hasn't been altered in anyway. RUSS L'HOMMEDIEU: No. MR. CHAIRMAN: OK, lets see if anybody else has any questions. Is there anybody in the audience would like to speak in favor of this application? Anybody like to speak against the application? Any other further questions, gentlemen? Bob? MEMBER VILLA: No, just basically that there's, this is 100% variance. Page 27 - Transcript of Hearings October 5, 1994 Regular Meeting MR. CHAIRMAN: Well, I, I think it's a question you know, we have a dealt with these before, not necessarily under this Zoning Code. It's something that we're going to have to kick around in about 15 minutes. Whatever the last hearing takes. MEMBER VILLA: Yeah, I just, just, want it clear that it's 100% variance. MR. CHAIRMAN: Well, no, I'm .... MEMBER VILLA: Your limited to 500 and this is over 1,000. MR. CHAIRMAN: Well, that's my question here. My question of questioning the applicant concerning the use of the rooms quite honestly the only two rooms that he's going to be utilizing is a treatment area andthe gym. There is a reception area but there would always be a reception area because we unfortunately have inclement weather. You know, if we were in a different state where we may not, we would be sitting outside. I realize it's quite of the square footage but the actual nature of this application are these two rooms. Right? As well as having a lavatory area. I mean you certainly would have a lavatory area. RUSS L'HOMMEDIEU: And an auxiliary office as well which I use to do paperwork. So, that's not a patient treatment area either that the office which is labeled office is not used for patient treatment. BOARD SECRETARY KOWALSKI: I just want to ask one question about the lease. How long is the lease good for? MR. CHAIRMAN: How long is your lease with a --- Page 28 - Transcript of Hearings October 5, 1994 Regular Meeting RUSS L'HOMMEDIEU: Off the top of my head I don't remember what it said, but I believe it was five years. I believe five years is accurate. BOARD SECRETARY KOWALSKI: Is it renewable? RUSS L'HOMMEDIEU: Yes. MR. CHAIRMAN: While we have Mr. Jerome here, is there any other utilization of any other buildings on the property? There was a question about the use of the garage. I don't know if you have the use of it or he has the use of it. RUSS L'HOMMEDIEU: We're using it concurrently. I'm using it as a garage primarily and you know they may one or two storage items in minor storage is used. I basically have a ( Is there any water hooked up to the garage? There's a security electric. To be honest with It's, it's just electric. I've never noticed there but very ) of the garage. MEMBER VILLA: RUSS L'HOMMEDIEU: you, I couldn't say. any. MR. CHAIRMAN: Great, so if you'll, you're around. We only have one more hearing. We have agenda stuff that we take care of and then we'll zip deliberations cause we have a couple we have to do. RUSS L'HOMMEDIEU: OK. welcome to hang some normal right in to MR. CHAIRMAN: All right. Thank you so much. Hearing no further comment I'll make a motion closing the hearing reserving decision. Page 29 - Transcript of Hearings October 5, 1994 Regular Meeting MEMBER DINIZIO: MR. CHAIRMAN: MEMBRS: Aye. Second. All in favor? 8:20 P.M. Appl. No. 427t- THOMAS FABB. MR. CHAIRMAN: Variance based upon the August 31, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to replace more than 50% of existing dwelling, without an expansion, and which permit was disapproved under Article XXIV, Section 100-243B of the Zoning Code which does not permit enlargement, reconstruction, structural alterations or movement unless the use of such building is changed to a conforming use. The subject premises contains a total lot area of ].2+- acres and contains the following nonconformist's: more than one single-family dwelling unit on substandard lot in this R-80 Residential Zone District. Location of Property: ]925 Naugles Drive, Mattituck; County "Fax Map Parcel No. 1000-99-4-22. I have a copy of the plan and we have a copy of the original survey of all the houses on this particular on the north westerly side. structure as it exists at this parcel, this one in question which is We have a picture ~f the present time and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard? Sir, how are you tonight? I have first hand Page 30 - Transcript of Hearings October 5, 1994 Regular Meeting knowledge from this because I fought the fire. You're welcome to use the mike and a ...... THOMAS FABB: My name is Thomas Fabb. I own property and prior to all of this happening there was a fire on my property concerning this .particular house which was determined to be from LILCO electricity and a so we went through the motions of t~ying to get them into rebuild it and we had gotten a permit and contractor it out to a contractor and in the process of trouble shooting the structure as far as getting rid of the damage of the fire material we or he had requested that we update the structure of the building as far as the roof beams, the ceiling beams and the floor beams because this house was built probably in the thirties and they were using a lot of two by fours, two by twos, two by threes and he proceeded to a use two by tens for the flooring and two by eights for the ceiling beams and two by six for the roofing, for the roofing beams because a he had told me that in the future if we ever had to replace the roof rather than tearing the whole roof down we could put another roof on top if the structure was sound enough and we started to do it and what happened was that we were told by Gary Fish that when he came back to inspect it one day that we had torn down more than 50% of the building and doing this work, and the contractor had tried to tell him that you know we had, they had a big 10 or 20 yard dumpier there and it would be more efficient to take the burnt material down as well as the substandard material down and just rebuild it the same way as it was before except being that we, we Page 31 - Transcript of Hearings October 5, 1994 Regular Meeting would build it like a factory process where we could just take two by eights put them in, two by twelves, so on and so forth and, but he said that we had to get a, well get a building permit which we couldn't get but said then we had to go to the Zoning Board and try to get you know a Zoning Board and that's where we are right now. The structure a without change in anyway as far as the outside of the constructor is not going to be moved. The only difference is that inside it will be built with todays so-called Building Constructor Code which will be you know, a larger timber and a to make it more stable, more sound than what it was previously. MR. CHAIRMAN: OK. Lets see if there are any questions from the Board Members. Mr. Villa do you have any specific questions of Mr. Fabb ? MEMBER VILLA: Yes. What else is on the property? There's all kinds of buildings. What is the nature of these other buildings? THOMAS FABB: There a two, two year, well, this house and another house next to it which is a year round house and then three bungalows and a dock. MEMBER VILLA: Are the bungalows used for rental purposes? THOMAS FABB: Some are, yeah, some are rentals. MEMBER VILLA: So you got two full-time residences on here? Year round residences and two bungalows but there's like, there's five buildings. What's the other two? THOMAS FABB: Right. There was five buildings when I bought it back in 1983 and a the fellow I bought it from a had, well not only Page 32 - Transcript of Hearings October 5, 1994 Regular Meeting that but I mean it was, these were built prior to 1957. ( ) some of these structures had the a grade and the foundations from when they were built. Some of them like 1923, 25, something like that, so, they've been around for a while. MEMBER VILLA: So if this one ever got renovated would be what a year round house again? THOMAS FABB: Yes. MEMBER VILLA: That would make a third year round house? THOMAS FABB: Second. MEMBER VILLA: It would be the second. ( ) use to do with two bungalows, what's the fifth one then? MR. CHAIRMAN: Three. BOARD SECRETARY KOWALSKI: Three bungalows. MEMBER VILLA: Oh! There three bungalows, I'm sorry. THOMAS FABB: Like I said, everything was OK, until the contractor start tearing a lot of lumber down in a, apparently went beyond what the town thought was 50% of the structure and a, so we submitted plans to rebuild it the same way it was before and that's the way it would be extended or changed in any way other than a new windows and maybe you know, new siding, but that's, be about it. MR. CHAIRMAN: MEMBER DINIZIO: MEMBER VILLA: you get it done? Ji~n do you have any questions? No, it's pretty apparent now. How many square feet would the structure be when Page 33 - Transcript of Hearings October 5, 1994 Regular Meeting THOMAS FABB: It's a, I believe like 500 feet, something like that. I don't know exactly. I'm sorry, it would be more like 700 feet, something like that. 23 by a roughly by 24. MEMBER DINIZIO: Mr. Fabb, was someone living in there when .... THOMAS FABB: Yeah. In fact that was one of the basic property explained to LILCo that the water pump wasn't working and when the fellow came down to check the water pump he said the electric wasn't working right and probably I guess, if the electric goes down a certain voltage the pump doesn't go on and we complained to LILCO for about two weeks and finally at the end they a, I guess just gave me a little juice I was missing and ....... MEMBER DINIZIO: So, you're just trying to replace something that was there, you've been using all along and a ...... THOMAS FABB: Yeah, and it's going to be the same footage, the same look and like I said the only thing is we'll probably change the siding on it and a after you know, the windows maybe changed and that's it. MEMBER DINIZIO: They'll have to fire code I'm sure that the windows, the bedroom windows have to be big enough to get in and out of and --- THOMAS FABB: Well, yes, we a, we have that on the original rebuilding permit with Gary Fish. We told him that we're going to put in sliding glass doors in the bedroom which will be the other exit going out to the patio and he said no problem. The problem is like I said we just tore down a little too much when we were doing Page 34 - Transcript of Hearings October 5, 1994 Regular Meeting this thing and a, but the purpose of doing that was just to give the house a little, to keep ( ) sounder, you know to make it a little stronger and a ( ). MR. CHAIRMAN: Is there any possibility of getting it any farther away from the property line other than a foot? THOMAS FABB: How far do you want to go? MR. CHAIRMAN: I don't know. That was a question that one of us had concerning that and that was the reason why I asked the question. I mean you only have a standing wall at this point, you know what I'm saying. THOMAS FABB: We, he has the foundation, well, he has the floor down. I think may out of two by tens or two by twelves. We got that down which would have to be moved if you want it, but I don't know. Like you're talking like a couple of feet, or yards, or ..... ? No, I'm not talking yards. Could you get a ten foot setback? Excuse me. Could you get a ten foot setback from the property MR. CHAIRMAN: MEMBER VILLA: THOMAS FABB: MEMBER VILLA: line? THOMAS FABB: Well, you see the thing is it's sitting on a like an edge of a piece of property so it, so I'm sought of strapped. can't go towards the water. The only way I can go is to cut into the parking lot. I have a parking lot there where cars go in and I also have a cesspool in there which is connected to the other house though. I would have to, if you move tile house what would Page 35 - Transcript of Hearings October 5, 1994 Regular Meeting probably happen is that the damp, is that the thing would be sitting almost right on top of the cesspool that's in the parking lot. I mean I guess anything is possible, but we would have to move the whole house. ; MR. CHAIRMAN: here Mr. Fabb. Lets see what else develops through the hearing Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Sir, would you state your name for the record, if you wouldn't mind. FRANK WEISSMAN: My name is Frank Weissman. I have property, a house, full-time house that I live in that are two properties away. Not directly adjacent but a little next to that. The property is really 50 feet away from this house because the property between us is 50 feet. I really don't want to stop anyone from building on their property if they live there. Mr. Fabb doesn't live there. We do. We put up with a lot of problems with this property with the rental people for the last ten years. It's a string of things. Starting with stolen motors, ranging back to loud noises. If you don't live there you don't have to be concerned about it. If you do, it's it's just precedence. My well is directly in back of my house. Its been there since the house was built. It's probably less 50 feet from or 60 feet from his sewage and his has been there for a while. The only point is that if he's going to keep full-time people in these houses and I don't think this was initially a full-time house, Page 36 - Transcript of Hearings October 5, 1994 Regular Meeting at times, not one. I found that out not because I'm nosey but when, when my motor was robbed and I found it next door when the police went with me over to it I knocked at the door figuring there's only one person there. Well the guy in middle floor told me well I know its not the girl who lives upstairs it's the guy with his son downstairs. So, this is not a one-family dwelling, it's a three family dwelling and then he rents full-time to the cottage that burnt down and currently he has a family in a lower cottage which was fixed up this year. So, currently there are two people in it but there have been at times four and five and that's my objection. It's not a R-One Zone in a R-80, it's really much bigger than that and basically that's my, you know, my objection. MR. CHAIRMAN: Thank you Sir. Anything you'd like to say about that Sir? THOMAS FABB: Yeah. The house that the fellow is talking about the main house, I have a or had I should say up to about two years ago a father and son and one of the apartments that was illegal and they have since been out about 2 years or maybe 3 years ago and it's a storage area house all full of storage stuff, my personal stuff down there and in the main house, right now I have a woman whose a I believe 82 years old, she's on HUD program from Greenioort and she doesn't make any noise that I know of. She sits there and watches her TV. She has a son living with her who is about 45 years old. MR. CHAIRMAN: Just let me understand. You're talking about the Cape Cod now. Page 37 - Transcript of Hearings October 5, 1994 Regular Meeting THOMAS FABB: MR. CHAIRMAN: THOMAS FABB: I'm talking about the house right, the main house. OK. And downstairs, like I told you before is a summer rental. The people moved out this past week-end but that was when there lease was up, the end of September and the places are vacaut right now, as of Sunday, so there really isn't, you know. There's problems that existed before or was there before, was there, but that's of past tense, its not there anymore. The people came in as a personal reference from a friend of mine and it just didn't work out and they moved out and the apartment was taken over as a personal Storage so it doesn't exist anymore. MR. CHAIRMAN: When you say the person moved out you're referring to a lower bungalow. THOMAS FABB: Yeah. No, Yeah, in that case, there's two of them. Two people down there. They both moved out this past weekend. So, when you talk about the older lady --- She lives in the main house. She lives only in the main house with her son and MR. CHAIRMAN: THOMAS FABB: MR. CHAIRMAN: that's it? THOMAS FABB: MR. CHAIRMAN: house? THOMAS FABB: Yeah, with the HUB people. There are no other further apartments in that I have an upstairs apartment that's rented out as a bedroom to a couple and they are going to be for a to the end of November and then getting married and then moving out. They're Page 38 - Transcript of Hearings October 5, 1994 Regular Meeting just a hang out untilthey get married. You know, but their just renting as a, the inspector said I could so long as I don't have a kitchen in there I could rent it out as a bedroom, but they a living room and that's what I did, so there's only three unrelated people there, that particular honse. BOARD SECRETARY KOWALSKI: building? THOMAS FABB: Yeah, I'm using as storage, but you personal stuff down there, so. MR. CttAIRMAN: That's actnally Is there one kitchen in the whole well, there's one down in the apartment that know there's all mattresses and the lower level ( )? Are there any other further questions from anybody? further questions I'll make a motion closing the hearing decision. I need a second,gentlemen. MEMBER WILTON: Second. MR. CHAIRMAN: All ia favor? MEMBERS: Aye. Prepared from tape recordings from actual hearings. LF All right. Hearing no reserving RECEIVED AND FILED BY THE SOUTHOLD TOWN CLEi~K DATE ,//~/~?~ HOUR ~ /:~ ,~, T~m Cje~k/'~'foj;;f~ ~outl~o!d