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HomeMy WebLinkAboutZBA-04/11/1995 HEARING PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD April 11, 1995 (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 LYDIA A. TORTORA, Member LINDA KOWALSKI, Clerk-Assistant to Board Page 2 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals INDEX APPLN.# APPLICANT PAGES 4303 4305 4304 4306 STANLEY and JANICE FLISS DERRICK D. CEPHAS WILLIAM and JANET WALSH SCOTT RUSSELL, Seller (for John and Joan Stroh, New Owners) 3-9 9-11 11-25 Page 3 - Hearing Transcript Regular Meeting of April 11, 1995 Southotd Town Board of Appeals 7:30 P.M. Appl. No. 4303 - STANLEY and JANICE FLISS MR. CHAIRMAN: Request for Variance under the Zoning Ordinance, Article X, Section 10lC(l) (ref. access.ory provisions, Section 100-33) for permission to locate building for garage with wood shop and storage use incidental to the principle use, presently single-family dwelling, in the westerly side yard area and partly in the rear yard area. The subject premises is located in the B-General Business Zone District and is known as 565 Old Main Road, Mattituck, N.Y.; County Tax Map II) No. 1000-122-7-2. I have a copy of a sketch indicating a proposed building of approximately 20 x 36 and I have a copy of a Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to say something for the record? I'm sure we'll grill you about something. STANLEY FLISS: No, the only thing it's job related and it's going to be having equipment in conjunction with my business and it will be partially in the side yard and partially in the back. That's about all I can really ---. MR. CHAIRMAN: And you're proposing it 6 feet from the lot line? STANLEY FLISS: And it will be lined up with my original building that's there at 6 feet up and having the same continuity. MR. CHAIRMAN: How far away from the existing building? STANLEY FLISS: 6 feet off the existing building in line from a MR. CHAIRMAN: So it's 6 feet from this westerly property line and 6 feet from the building. Page 4 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals STANLEY FLISS: MR. CHAIRMAN: STANLEY FLISS: lined. MR. CHAIRMAN: STANLEY FLISS: Correct. Alright. It's where everything stays nice and it's straight Alright. It's one story, is it a pole type building? Not pole type building in the sense. It will be constructed conventional building material but it will be all steel sided and steel roof. MR. CHAIRMAN: Alright, Oh, yeah, I see. Does anybody in the audience have any specific objection to this building? Anybody have anything they'd like to say positive concerning the building, or the proposed building? We'll then go to the Board Members. We'll start with Mr. Villa. MEMBER VILLA: STANLEY FLISS: What exactly are you going to use it for? It will be in conjunction with my business. It will be a storage and a lumber drying facility for my business. MEMBER VILLA: OK, your wife mentioned a lumber drying. That's going to be like electric system? STANLEY FLISS: It will be electric kiln, that's correct. MEMBER VILLA: And you have to vent it to the .... STANLEY FLISS: It will be a self contained unit. It will be what you call vacuum kiln. It will be, the load will be under a vacuum and under heat and the only by-product, the unit will produce is water. That's it, no noise, no smell, just water. MEMBER VILLA: And it's not steam or anything else? It's just a vapor and a icad? Page 5 - Hearing Transcript Regular Meeting of April 11, 1995 Southotd Town Board of Appeals STANLY FLISS: No, it's all, it's a self contained unit and everything is just pretty much energy efficient. The only thing is just like a dehumidifier. They'll be some water generated in the initial stage and after that it's nothing more than like a barrel of water. 30 - 40 gallons of water. Lou, you'll just have to give us your name for the MR. CHAIRMAN: record. LOU DALESSIO: MEMBER DOYEN: cure? LOU DALESSiO: Oh! Lou Dalessio. Just curiosity, how do you come by this lumber to Well, I use to be an owner of a Saw Mill and a several of my friends have Saw Mills, one on Shelt(-~r Island is my own Mill in Middle Island and one in Northport aud also one in Commack. MEMBER DOYEN: tree? LOU DALESSIO: MEMBER DOYEN: LOU DALESSIO: MEMBER DOYEN: STANLEY FLISS: LOU DALESSIO: MR. CHAIRMAN: MEMBER DINIZIO: MR. CHAIRMAN: MEMBER DINIZIO: Well, what kind of lumber is it, from what kind of From Long Island, occasionally tree works, ---. No, I mean Elms or Oak or .... Oak, Cherry, Walnut, Ash, things of that nature. I was just curious. I was just interested in ---. All local species, Yes. Jimmy? No. No questions? No, nothing at all. Page 6 - Hearillg Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Lydia? MEMBER TORTORA: What do you use the wood for? LOU DALESSIO: Well, one of the things that we do is we make various wood products. Cabinets, we were just talking about podiums, anything that could be made out of Oak, Cherry or Walnut, wooden things. Stan does a lot of stair work, for different contractors, materials, the Oak and everything for the stairs is extremely expensive buying it conventionally, so, we're going to be able to save quite a bit of money because we're already milling our own lumber now, but the process takes so long to dry this lumber. Henceforth, that's why be have the vacuum kiln, we ~eed it. Five days we have lumber instead of waiting 90 to 120 days and having to ship this stuff out-of-state and bringing it back adds to the cost, so we do everything all here. MEMBER DOYEN: You're planting Walnut trees around l~ere? LOU DALESSIO: Sir? MEMBER DOYEN: You're planting Walnut trees around here? LOU DALESSIO: Yeah, no problem. It's almost free to the taking. A lot of people, you have to cut it up for firewood. Some of these logs could be worth you know, several thousand dollars, if their sliced up properly and it's really nice. MR. CHAIRMAN: Stan, what's the largest diametel' of a piece of wood that you can rip in your Saw Mill there? STANLEY FLISS: 21 inches in width at this time. MR. CHAIRMAN: And what happens to the saw dust? What happens to the saw dust Lou? Page 7 - Hearing Transcript Regular Meeting of April Il, 1995 Southold Town Board of Appeals LOU DALESSIO: STANLEY FLISS: MR. CHAIRMAN: STANLEY FLISS: LOU DALESSIO: MR. CHAIRMAN: We're not doing any cutting here. They'll be no milling. Oh!, you don't do any milling here. Only drying. Only drying. Oh!, so you mill it in one of those other four places you're talking about. LOU DALESSIO: Yeah, it's done up in Northpor[ at our treat facility. One of my business associates, he has a tree company and all those by-products go to an outfit out in Bayshore. They burn this and they generate power for their facility. But, we have no by-products, I don't like saw dust and stuff lingering around. Whatever little shavings that we have people come for the horses. We put them in plastic bags and give it to the people for horses and stuff like that for bedding. MR. CHAIRMAN: That's interesting . LYDIA TORTORA: So, you just dry and make the furniture there? LOU DALESSIO: That's it, yes, that's correct. STANLEY FLISS: That's it. LYDIA TORTORA: And the garage that's in the back, is that a garage for the business, or a garage for the house? STANLEY FLISS: Well, right, well when we firs[ moved there, there was a garage for the house, but unfortunately the way things go, it is a garage for the business. I have to admit that, but sooner or later that will be disassembled because it is falling apart. Page 8 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals LYDIA TORTORA: But the storage house that you want now is solely for the business? STANLEY FLISS: Yes. LYDIA TORTORA: OK. MR. CHAIRMAN: Anybody else have any other questions? Does anybody have any objection to this being constructed at this juncture here? You do? Maybe I should just ask the question to the both of you. Why this spot as opposed to some other place on the property? STANLEY FLISS: Well, the reason why it's in that section of the property is I didn't want to locate it the back on my residential side sort of speak and I didn't want to block in the two derelict buildings in the back because someday I may want to do something with that, or take them apart, or whatever. They are falling down and I would have to have access from my neighbor:~ to get at the building, so this would be the logical most economical place to put it for running power and access. MR. CHAIRMAN: Alright. Does anybody what to react to that or you just want to go with it? No, alright we'll kick it around, we'll see what we can do. You're welcome to stay, I have no idea, it's not a lengthy calendar tonight, so you know, and I shoald point out for the record that I know both of these gentlemen personally. I have no business dealings with either one of them, but they are true craftsmen, some of the nicest stuff I've ever seen and that's to your tribute gentlemen, really. Having no further comment, I'll make a motion closing the hearing and reserving decision until later. MEMBER DOYEN: Second. Page 9 - Hearing Transcript Regular Meeting of April ll, 1995 Southold Town Board of Appeals MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. 7:45 P.M. Appl. No. 4305 - DERRICK D. CEPHAS MR. CHAIRMAN: Application based upon the March 23, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under the Zoning Ordinance, Article XXIII, Section 100-231 for permission to erect 10 ft. high fencing around proposed tennis court in a front yard area. The subject property fronts along Orient Harbor and is known as 1600 King Street, Orient, N.Y.; County Tax Map ID #1000-26-2-42.2. This lot contains a total area of 7.5 acres and is known as Lot 2 on the Subdivision Map of Major Terrace approved on July 9, 1990. I have a copy of a survey produced by Roderick VanTuyl PC., again with the date of May 15, 1990, indicating a penciled in area of the proposed Tennis Court which is in both front yards, both of Douglass Street and of King Street, 60 x 120 foot court area and on this parcel also is penned in the existing house and shed and I have a copy of the Sul'folk County Tax Map indicating this and surrounding properties in the area. Ms. Wickham it's so nice to see you, would you like to be heard? GAIL WICKHAM: Thank you. I believe that except for the l0 foot artifacts we do fit within the front yard exception for property for Page 10 - Hearing Transcript Regular Meeting of April ll, 1995 Southold Town Board of Appeals accessory structures. The location was selected becaL~se of primarily because it is the best the most open area on th~ property and because of the wind factor it's slightly lower than some of the other area but most of it lies quite flat. All I'd like h:, say really is that it is a 7-1/2 acre piece and it is not further subdividable. (Someone rattling paper, inaudible). If the Board has any questions I'd be glad to answer them. MR. CHAIRMAN: audience. Is there anybody application? Anybody like to no hands, start again with Mr. MEMBER VILLA: OK, with me. MR. CHAIRMAN: No, Jim? MEMBER DINIZIO: No. MR. CHAIRMAN: OK, Lydia, Serge? MEMBER TORTORA: No. MEMBER DOYEN: No. Alright. While you're standing there we'll ask the would like to speak in favor of this speak against the application? Seeing Villa. MR. CHAIRMAN: Could you just tell us the approximate distance from, by the way, when I said that it was in the freut yard area, I know that it coixforms to the, i just meant that it, it is in the front yard. Could you just tell us the approximate distance here? GAIL WICKHAM: Yes, if you look at the a, the setbacks on the front yard here are 60 feet and the court is located approximately 75 feet inside the southerly setback line so that would be 135 feet roughly and about 60 feet, a total of 140 feet in frt~m King Street. That's an approximate distance and again the State side the property Page 11 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals would approximation but it would be in that general area and the reason for the angle of the court is due to the wind directions. MR. CHAIRMAN: Alright, and for the record it's a 10 foot fence just to reiterate what you were saying and at this time there is no request for lighting. Is that correct? GAIL WICKHAM: There is no, there is to be no ..... . MR. CHAIRMAN: No lighting. Alright, hearing no further comment, seeing no hands, does anybody want to make a motion? MEMBER DOYEN: I will. MR. CHAIRMAN: Alright. MEMBER DINIZIO: I'll second it. BOARD SECRETARY KOWALSKI: You're approving it as applied for? MEMBER DINIZIO: No lights. BOARD SECRETARY KOWALSKI: No lights. MR. CHAIRMAN: No lights, yes, with the provision there be no lights. Jimmy you second? MEMBER DINIZIO: Yes. MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. 8:12 P.M. Appli. No. 4304 - WILLIAM and JANET WALSH Page 12 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Application based upon the <march 2, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article XXIII, Section 100-239.4B for permission to construct an addition to existing dwelling with a setback at less than the required 75 feet from existing bulkhead. Property ID 1555 Fleet Road, Cutchogue, N.Y.; County Tax Map No. 1000-137-4-34. This lot has a nonconforming lot area of 12,875 sq. ft. aL~d lot width of 50 feet. I have a copy of a sketch of the survey which is a survey photocopy indicating the approximate placement of the deck and its proximity to the bluff. We have all been out there and looked at it and I have a copy of the, I guess we'll give it a 37 feet from the bulkhead. There is a small bluff there and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I also have two letters from Mr. Kennedy who is a next door neighbor to the south, actually it's south east probably, opposing the particular application and again I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area and we will ask the applicant if he would like to speak? WILLIAM WALSH: Yes. MR. CHAIRMAN: Are you Mr. Walsh? WILLIAM WALSH: Yes. MR. CHAIRMAN: Could I just ask you to use the mike, it's a little easier when we take it down by tape. WILLIAM WALSH: My wife had wrote, answered a letter and I had brought photos. I had sent copies of photos to the ,Jbjection. This is just a color photo, can I approach the Board? Page 13 - Hearing Transcript Regular Meeting of April ll, 1995 Southold Town Board of Appeals MR. CHAIRMAN: WILLIAM WALSH: set of picture of Sure. This is in the letter or what I sent, I show a my wife sitting inside looking at you know this building that we have an extension that was on that a neighbor had question that I had added. So, this is the old buildh~g looking from the outside which is almost a twin of this. It's those type of windows. This is the opposite side. If you look here this is what I had sent and this shows had this extension on it. the construction drawings the building before I did the work which This is the new line of the building and that we sent to the Town of Southold. This shows a man digging and shows how close the fence is and the tree and soine of the people at the deck could see the tree. It was the building that was always there and I lined up with that and this shows all of those. Here's some additional pictures just showing what we were, the interest of why we want the d+~ck is that the terrain slopes so much that whole section goes like this but ours in the middle slopes the most and we just want to lew-,1 it out with a platform in the back and this is the area in question of the platform that we're going to put even with the surface and come around here. The question was the platform and the deck. Along the side which would be the south side face the Kennedy would be even with the ground. I could leave these (photos). The other thing that I was doing tonight is to clarify it a little better --- MR. CHAIRMAN: Could I just ask you a question Mr. Waish? WILLIAM WALSH: Sure. Page 14 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals MR. CHAIRMAN: of the deck? WILLIAM WALSH: The width that you're proposing is 14 feet 4 inches Beyond it's a 20 foot deck. It's ]4 feet 4 inches beyond the existing second floor. That's correct. LYDIA TORTORA: Say that again. M R. CHAIRMAN: Let me just show her. It's 5'8", to the pillars, alright, and then 14'4" more which is a total of 20 feet and then it's 19'4" the opposite way, is that correct? WILLIAM WALSH: This was another sketch I made from the, you know, because you had gotten the fax, that color's in how the property actually looks. MR. CHAIRMAN: Right. Good, yes, I do have that copy of that. MEMBER TORTORA: So, it's 19'. WILLIAM WALSH: So, from what you're looking it's 20' from the red section to the back of the platform and you got 5'8" of that whole back second floor. You know they draw so small, the surveyors, so I thought by coloring it, it makes it easier to read. MR. CHAIRMAN: How far are we actually existing at this time from the top of the bank? From the top of the bank existing right now .... From those pillars that hold up the second story WILLIAM WALSH: MR. CHAIRMAN: deck? WILLIAM WALSH: Oh!, that hold up the second flour? Alright, so if you were from the bulkhead? MR. CHAIRMAN: No, lets go from the top, from tile closest point of the top of the bank. Yes, from where the fence is really. Page 15 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals WILLIAM WALSH: From the top of the bank I was .,iginally when I measured lets say I was 39' and take off 5'8" you're like a 34 feet. MR. CHAIRMAN: Yeah, would add another 14'4"? WILLIAM WALSH: Yeah, MR. CHAIRMAN: WILLIAM WALSH: from that. So if the deck was on then we you'd be about 19' to the fence which is That's why you're showing that 19'2" there? Right. BOARD SECRETARY KOWALSKI: MR. CHAIRMAN: same. WILLIAM WALSH: That's elevation, believe it or not. Well yeah, but it just happens ~u be about the Right, it is. I have 19'4". I cut a few inches off on it. It's about 19' after we put that deck and the way I drew there is the Malon property above, is actually 24' out to my line of property which would be 4' passed my deck, ~ny n~w deck and the Kennedy property has a 20' deck so, which is much higher because his terrain drops. You know his ( ) starts slopiug down and I would pretty much line up with his. Now, I wanted to bring up the point that this is a survey, the center was done by a surveyor. The two adjacent properties were drawn by me. I drew it to the scale that the surveyor did, but it's not you know, a surveyor did not draw it. MR. CHAIRMAN: After receiving the first letter from Mr. Kennedy, I went to his property and then, I was to your pi,~perty first and then I went to his property and viewed from his. I didn't actually walk on his deck but I just took a straight line sit~ from the edge Page 16 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals of his deck because it was difficult to do because there is a fence in between and it does you know extend over the top of it and I could pretty much visualize it. Go ahead, I'm sorry. WILLIAM WALSH: OK, no, that's fine. The only, there was a few questions asked from some of the people on the Boa~'d, so I made a little diagram. I done it just before I came in just to clarify the area of where the steps are in relationship to the platform and then the new deck. In other words if I could explain that. It's only a rough draft. I did it while I was waiting. In otht~r words it's on that other drawing but this would be the platform which would be even with grade and what I would do then is put steps on top of that platform to come up cause that's roughly 2 feet behCw grade. So, this would be even with the grade, would come up, and this is the new deck and the only thing if I came along like this, if this joint ( ) I'd have to put a step here, but I think that clarifies. Everybody was questioning, I think you were questioning it. MR. CHAIRMAN: Yes, we're going to pass it, yes, we're going to pass that done to our engineer there. WILLIAM WALSH: That's only a sketch. I took ..... . MR. CHAIRMAN: At its highest point the proposed deck at the end closest to the we'll refer to the bluff area or fence before you get down would be how high out of the ground at your estimation? WILLIAM WALSH: Well, it would be, it would be, at the, if you go up towards the Malon it would be roughly almost grade because if you notice it slopes almost 2 feet. So, if you grade there and came Page 17 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals down it would be maybe 2 feet off the ground you're going by the grades of ( ). I have enough papers though. MR. CHAIRMAN: Well, we have our engineer going over it right now. We'll start over here. Mr. Doyen do you have any questions of this nice gentleman? MEMBER DOYEN: No. MR. CHAIRMAN: Lydia, do you have any questions of him. MEMBER TORTORA: No. MR. CHAIRMAN: We'll go back to Mr. Villa. MEMBER VILLA: Well, my question is, was there any consideration of cutting that 20 foot measurement down because your deck, the 26 feet wide and the deck is going to be basically existing house is that wide. WILLIAM WALSH: No, the deck I had it less. The deck is 2 feet less, it breaks back in. It's like a MEMBER VILLA: Yeah, a little bit, but still, I mean it's almost 24 feet wide, it's a big deck and I always have concerns about putting things too close to water or too close to bulkheads and I just wondered if the 20 feet was absolutely necessary because you know I know that's what you're asking for but could you live with less? WILLIAM WALSH: Well I did, if you notice I left 19 or almost 20 feet beyond it, beyond the deck and the upper part of the deck is going to be, in other words the north part of the deck is almost going to be even with ground level. Page 18 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals MEMBER VILLA: Yeah, but still tile Code says it's suppose to be 75 feet from a bulkhead. So you're coming from 19 feet which is pretty close. WILLIAM WALSH: No, I'm 19 MEMBER VILLA: To the top, OK. WILLIAM WALSH: And then plus 17, I'm 36 feet. MEMBER VILLA: OK, but still it's less than 50% of what the Code requires. WILLIAM WALSH: Actually I'm further than both the houses on the side of me. You know, he's much closer and the terrain comes right in. As you go south everything falls in and the other person's building is further out. MEMBER VILLA: Not to your south. WILLIAM WALSH: In other words the ...... MEMBER VILLA: The other one is behind you off to the south. WILLIAM WALSH: Right but it has a deck 20 feet ot[t and he lines up with what I would have and the terrain in the water area or where my bulkhead keeps sloping straight in so they have even less to the, to the bulkhead wall. In other words everybody has a lot less than me. I'm just trying to take advantage of the sloping you know problem I have with my young granddaughte)., and as I get older. That was a joke. MR. CHAIRMAN: What's been the nature of the bluff area there? Have you had any topside erosion on that at all? WILLIAM WALSH: Not so much, but we did have this heavy winds that destroyed the steps that I'm going to replace in the same area Page 19 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals and it took down some gutters and it done some minor problems. But, what was nice we renovated the house and really didn't do much to the house. MR. CHAIRMAN: WILLIAM WALSH: MR. CHAIRMAN: gentleman? MEMBER DINIZIO: MR. CHAIRMAN: It's a great spot. It really is. It's beautiful. Jim, do you have any questions of this nice No, I don't. OK. Is there anybody else would like to speak again in favor or against this application? Sir! GEORGE CHRISTMAN: If I may please. MR. CHAIRMAN: Certainly you're welcome to use this side or use that side? GEORGE CHRISTMAN: Kennedy's son-in-law. speak on his behalf. I'm George Christman, Jr. who is Mr. He is in Florida and ask if I could attend to I did avail myself of receiving a copy of the rebuttal to Mr. Kennedy's letters which I received this evening and I frankly do not argue any of the points that are stated in the rebuttal letters submitted by the Walshs. Mr. Kennedy's concerns to be perfectly frank, a wooden deck certainly is, one, creates more noise with people walking on it than grass lawn or any type of stepping stones in the ground. There was nothing in I.he plans which he had received to review which had indicated the height of this deck would be above the ground. I'm sitting here tonight and at least now I have some understanding of that particular question. My personal feeling of someone who has spent 50 yei~rs out here in Page 20 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals waterfront property and has watched property erode, wash out, have dealt with problems in Mattituck in my own parents' place with erosion, I have seen some erosion that has occurred in 50 years on the Kennedy's property which they've had for 40 years of the 50 years I've been out here in summers. I'm just very concern over anything which comes within 30, 40 or 50 feet of a bulkhead. There has been some erosion on the property. If not on the Walsh's property there has been some on the Kennedy's property, there has been some on the neighbor's property immediately south of the Kennedys. Some have disruption who always tends inevitably lead to problems. To reduce it to less than half with any forln of disruptions I do have a significant concern about. Those are my personal views as far as my concern on the setback from the bulkhead. I did want to clarify Mr. Kennedy's views which is frankly the noise generated by wooden deck and not knowing how high it was. Whether it was above ground or on ground level, certainly makes a difference in the noise impact of that. Personal observation if one of the factors is a safety in using the ground if the walkway on the south side of the house follows the terrain of the ground. In fact, when it is water damp, it is likely going to be even more slippery than walking on ground. Those are the comments I would like to clarify this. MR. CHAIRMAN: Thank you. Any questions of this gentleman? No, thank you Sir. GEORGE CHRISTMAN: Thank you. MR. CHAIRMAN: Any further comments from anyone? WILLIAM WALSH: Could I just say? Page 21 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Surely. WILLIAM WALSH: The erosion factors, we have a bulkhead. If I'm not mistaken I don't think the Kennedy has a bulkhead. GEORGE CHRISTMAN: That's correct. WILLIAM WALSH: Does he? GEORGE CHRISTMAN: No, that's correct, he does not have a bulkhead. WILLIAM WALSH: So his property and the next p~'operty doesn't. What probably has stopped the erosion where we a~'e is we have a bulkhead and the property to the north of me has a bulkhead. MR. CHAIRMAN: How long have you lived there Mr. Walsh? WILLIAM WALSH: I have lived on Fleetwood Road for 20 years. I owned the house directly across the street for about 15 years. MR. CHAIRMAN: Good, it's none of my business and I'm just asking the question but did you erect the bulkhead in front o[TM your house? WILLIAM WALSH: No, it was there. MR. CHAIRMAN: It was there. WILLIAM WALSH: I've lived in this house only since MR. CHAIRMAN: I see and you did not erect the bulkhead, it was erected there prior to your .... ? WILLIAM WALSH: Prior and I haven't seen anything really happen to that or to persons to the r~orth and I didn't really check the Kennedys. MR. CHAIRMAN: So, to reiterate we have 5.8 feet that's covered by the upstairs deck. We're proposing 14'4" out farther which will remain unroofed at all times. Page 22 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals WILLIAM WALSH: to answer you, other words as fantastic view. high. MR. CHAIRMAN: WILLIAM WALSH: Right, we don't, one reason just to, you know we made the deck low because we want the view. In we look out our living room window we want that But the deck, it's only in our way if it's up too Yes, because the railing would be in the way. I could see the concern that you have but we bought that property mainly for the view to be on the water. But, there is no anticipation of ever enclosing that MR. CHAIRMAN: deck? WILLIAM WALSH: MR. CHAIRMAN: No, we never wanted that closed. No, never. OK, Mrs. Tortora has a question. MEMBER TORTORA: When we spoke this afternoon and I looked down over the fence the stairs had been washed out, there's quite a line of debris from that last north easter we had and I thought you had told me that is what it accounted for. This ( ) washing out and all the debris in the boats and everything stacked upon the beach. WILLIAM WALSH: Boats, there's no boats. MEMBER TORTORA: There's a couple of boats that have been hurdled up on the beach, but your steps are---. WILLIAM WALSH: The slips, only on my slips, I have the steps, the bottom section that hung down fell off and what I wanted to do is would be with the storm just put whole new steps in because the upper part really is the original steps there and ( ). Page 23 - Hearing Transcript Regular Meeting of April ll, I995 Southold Town Board of Appeals MEMBER TORTORA: A, because I share Mr. Villa's concern. It's a you know, that's why I would ask you the same question. It is a total of 20 feet you're asking for to eome out and there is enly 19 feet from the top straight down and if you consider cutting that back at all .... . WILLIAM WALSH: Well I really, you know I don't think it's out that far and you I really like that because have another like I said, almost another 20 feet. Actually the dimension that I drew here of 17 feet out when I went back out to measure today there's almost another 6 feet. When you showed me the slope I didn't remember where I measured. I had measured where the steps were 'which probably made it easier for me so I thought I had less but I really have another 6 feet because it slopes the other way. It goes north. If I might show, show on this. I was concerned that I had less because I drew this straight. You know, now that y~u, you ! think even picked it up, but this looks like this and this dimension here holds because originally when I did it I drew to there because it was easier for me to make the drawing using my own steps. Today I went on his property, came down here and it's almost 6 feet further because this slopes like that. BOARD SECRETARY KOWALSKI: It's at an angle. MEMBER TORTORA: Yes, but you were, didn'! you say this afternoon that you were measuring this frown a wider :~tair area? WILLIAM WALSH: No, that, this is why, this is wily I drew it. You were 100% right, I thought I .... . MEMBER TORTORA: It's a wider stair area. Page 24 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals WILLIAM WALSH: Right, but this was actually 6 feet further cause when I originally did it, just drafting wise, I drew from this corner and I worked off the steps. That's the only way I could come up without going on his property. So, I thought you were 100% right but~ this was less. But instead this is 6 feet further. BOARD SECRETARY KOWALSKI: So, it's like 41 feet instead of 37. WILLIAM WALSH: Yeah, at that, but she slopes further out. BOARD SECRETARY KOWALSKI: What other two measurements. It's 36 on one end and 41 on the other end? WILLIAM WALSH: Yeah, I take a foot off. I'm only saying cause I'm measuring this way, you know I'm not doing so gr,~at. BOARD SECRETARY KOWALSKI: So you take 5 feel then. It's 36 and 5 would be 41 feet? WILLIAM WALSH: Right. BOARD SECRETARY KOWALSKI: OK. Would you gentlemen like to see tl~at? What he's MR. CHAIRMAN: talking about? MEMBER VILLA: WILLIAM WALSH: I know what he's talking about. In other words I thought it was cause originally drew this. This is what I sent to the Environmental and just drew straight and I didn't help myself. This came like this and when I originally drew it I measured from the steps cause I couldn't go on this person's property. Page 25 - ttearing Transcript Regular Meeting of April ll, 1995 Southold Town Board of Appeals MEMBER VILLA: Yeah, but the near, what we're looking for is the nearest dimension. I mean you might increase 6 fee[ over here but you're still going to be 6 feet here. WILLIAM WALSH: That's the same amount there, right. MEMBER VILLA: So, it's not 41 feet because you go from the nearest edge so it's still 36 feet. BOARD SECRETARY KOWALSKI: So, it's 36 feet then, so, it's not any less anyway. MR. CHAIRMAN: Alright, we thank you. Any fu~-ther comments? Hearing no further comments I'll make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: Ail in favor? BOARD MEMBERS: Aye. MR. CHAIRMAN: Mr. Walsh let me give you your pictures back. BOARD SECl~ETARY KOWALSKI: I want to keep them for a week. We'll give them back in a week. MR. CHAIRMAN: You want to keep them for a week. BOARD SECRETARY KOWALSKI: Yes. MR. CHAIRMAN: Alright, we'll keep them for a week. BOARD SECRETARY KOWALSKI: For a week and we'll give them back to you when it's over. Page 26 - Hearing Transcript Regular Meeting of April ll, 1995 Southold Town Board of Appeals 8:12 P.M. Appl. No. 4307 SCOTT RUSSELL; Seller (for JOHN and JOAN STROH, New Owners) MR. CHAIRMAN: Application based upon the March 29, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article III-A, Section 100-30A.3 for permission to construct an addition to existing dwelling with a setback at less than the required 15 feet from the northerly side property line. Property ID: 1050 Pine Avenue, Southold, N.Y.; County Tax Map Parcel No. 1000-77-3-2. This lot is also referred to on the Map of Goose Bay Estates filed with 11/13/34 as lots #50, 51 and 52, combined with a total lot area of 7500 sq. ft. and lot width of 60 feet. I have a copy of the survey produced by John Metzger and the date is November 21, 1991, indicating a proposed 7 foot addition, on the northerly side of the house and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Russell how are you to,fight Sir? SCOTT RUSSELL: Good, how are you? MR. CHAIRMAN: What would you like to tell us? SCOTT RUSSELL: Just that the Strohs bought the house from me last November. I'm just here representing them try~ng to help them cause they still live up west in Islip and it was difficult for them to make it on a week night. What the Strohs would like to do is take the house that they purchased from me. It's a very small house, it's about 572 sq. ft. living space and try to add to it to make it a more viable dwelling. The 7 foot porch e:itension on the side would encroach on the side yard setback by ! believe 1'3" as Page 27 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals we're all aware it's a 15 foot setback over there. They had discussed with the Building Inspector the idea of culting a foot off the porch but frankly a 6 foot porch when you start subtracting for the wall widths isn't a very substantial porch and probably wouldn't be nearly as much value to them. The reason they want to put the porch on the side was that's the water side. The north is the water side of the property. Although it's a walk to the water you do have some nice views down there and I think they want to do or what I wanted to do for three years of owning it and that's so I could put some nice porches in and take advantage of those views. I don't know of what else or what other issues to speak ~bout so, I can answer any questions you might have. MR. CHAIRMAN: So, this is the entire addition is an open porch? SCOTT RUSSELL: It's actually an enclosed glass porch I believe. MR. CHAIRMAN: Alright. SCOTT RUSSELL: Exactly what they're going to do, I believe the Building Permit is a little bit more a little bit more than that. What they would do I think they're going to change tile roof line as well. It's a cottage style now and they're going to go for a regular hip roof style and just to make it more of a year round dwelling. MR. CHAIRMAN: So, the porch is actually enclosed, fully enclosed. It's a fully enclosed addition whatever way they do it. SCOTT RUSSELL: Right. MR. CHAIRMAN: Architecturally, it's an addition to the house. It's, you know, not a deck area or something in that nature? Alright, does anybody have any questions of Mr. Russell concerning tkis? Page 28 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals MEMBER VILLA: Actually now, it's 1'3" cause o~ your application it says approximately i foot. SCOTT RUSSELL: Yeah, actually the way I calcula~.d it, it's only 11". I have a copy of the survey here when I did the math I came up with a it would leave after the proposed construction it would leave still 14'1" off the front of the house. One thing that I think complicates it a little bit is that the house is actually angled to the property line. It's not completely parallel. It actually tapers back so in the front it's going to leave about 11". in the back it's going to leave you know it's going to actually mee{ the side yard requirements. It's going to be over 14 feet away from the property line. I calculated 14 more. The Building Inspector I believe calculated 13'9" remaining. I would refer to his measurements simply because he had the actual blueprints, I didn't. MR. CHAIRMAN: Alright, Jim? MEMBER DINIZIO: No, I have no question at all. MR. CHAIRMAN: Ladies and gentlemen? Anybody have anything they'd like to say either concerning this hearing? Seeing no hands, motion? MEMBER DOYEN: MR. CHAIRMAN: in the audience positively or negatively anybody like to make a Second. All in favor? BOARD MEMBERS: Aye. MR. CHAIRMAN: To approve it as applied for I assume, right? MEMBER DINIZIO: Could we be more specific on ~he setback say 15" or .... or Page 29 - Hearing Transcript Regular Meeting of April ll, 1995 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: To not closer than 13'9", was that what you mean? MEMBER VILLA: For clarity then, it's not 13'9", it's 13.9 feet. MR. CHAIRMAN: 13.9 feet right. (Discussing amongst themselves). Would you second on that Lydia? OK, hearing no further changes I'll move it. All in favor? BOARD MEMBERS: Aye. MR. CHAIRMAN: OK, thank you. BOARD SECRETARY KOWALSKI: Was there any objection? It should go to 13'9", just for the record? MR. CHAIRMAN: I don't have any objection. BOARD SECRETARY KOWALSKI: Because it is like a 2" closer than 13.9, right. MR. CHAIRMAN: I had always said that, you know --- MEMBER TORTORA: How they get to the house ( ). MEMBER DINIZIO: What kind of shingles you putting on there Scott? SCOTT RUSSELL: I don't know, I didn't see the actual plan. I suspect .... MEMBER DINIZIO: We should of taken that into consideration. MR. CHAIRMAN: For the person's benefits in the audience, we had taken four hours of testimony on a piece of property in Suffolk and the difference between the shingles being on the house and the shingles being off of the house as oppose to the total lot, excuse me, incorporating that into the total lot coverage the next door neighbor said that they exceeded the lot coverage by .007 or .07 and the applicant said that he was under the lot coverage with the Page 30 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals shingles on the house at 19.86. Needless to say, this Board did rule in favor of the property owner and we said that when you get that close, you know. SCOTT RUSSELL: In that case it's ( ). MR. CHAIRMAN: I asked on the decision ..... BOARD SECRETARY KOWALSKI: Little things like this you know, cause problems. MR. CHAIRMAN: I assure you that there is absolutely no reason to get that minute. BOARD SECRETARY KOWALSKI: Well, I'm sorry --- MR. CHAIRMAN: No, no, I'm not saying, I'm not saying in your --- BOARD SECRETARY KOWALSKI: It is important and I have to clarify it and the Resolution says, no not 13'9" it's 13.9 and I have to say why. Could we have a "redo" on the Resolution then, please. Lydia what is your motion that you approved again? MEMBER TORTORA: Well we want to do 13.9 or 13 what do we want? BOARD SECRETARY KOWALSKI: It's 15 inches, right Jim, is that what it is? MEMBER DINIZIO: Well, that's what I suggested 15 inches so that you know you can take into account the gutter or whatever. BOARD MEMBER KOWALSKI: Which is 13.9, OK. MEMBER TORTORA: I'll redo my motion to approve it provided that it's no closer than 15 inches. MEMBER DINIZIO: No. MEMBER TORTORA: Did we do it right? BOARD SECRETARY KOWALSKI: No, not more than 15 inches. Page 31 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals MEMBER TORTORA: BOARD SECRETARY KOWALSKI: same motion. MEMBER DOYEN: Yes. BOARD SECRETARY KOWALSKI: MR. CHAIRMAN: All in favor? BOARD ME~IBERS: Aye. Not more than 15 inches. Serge are you going to second that Thank you. BOARD SECRETARY KOWALSKI: Resolution g~anted for a variance of 15 inches wkich is 13 foot 9 inches by unanimous resolution. Prepared from Tape recordings from actual hearings. LF RECEIVED AND FILED BY SOUT O O TOWN Town Clerk, Town o~ Soul'Id