HomeMy WebLinkAboutZBA-05/03/1995 HEARING PUBLIC HEARINGS
BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD
May 3, 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 May 3, 1995
Southold Town Board of Appeals
INDEX
APPLN.#
APPLICANT
PAGES
4306
4239
4308
4309
ROBERT AND BARBARA VAN METER
MARGARET BEST AND ADYLEN SYVERSON
ROGER AND KATHLEEN WILSON
THOMAS AND CARMELA CUNNEEN
Page 3 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
7:30 P.M.
Appl. No. 4306 - ROBERT AND BARBARA VAN METER
MR. CHAIRMAN: This is a request, based upon the February 28,
1995 Notice of Disapproval issued by the Building Inspector, for a
Variance under the Zoning Ordinance, Article III-A, Section
100-30A.3 to construct a 3'3"+- extension along'the westerly side of
the existing dwelling, reducing the setback from the established
setback at 6.5 feet to ttlree (or 3.2) feet. The subject premises
contains a total area of approximately 9,700 sq.ft, and is located in
the R-40 Low-Density Residential Zone District. Property Location:
Corner of Opechee Avenue and Osseo Avenue, Southold, N.Y.;
County Tax Map ID No. 1000-87-3-24. I have a copy of the survey
dated February 23, 1995, by Anthony W. Lewandowski, indicating
the area. The proximity that the house is to the rear property line
which is actually could be a side yard too because it has two front
yards and the pencilled in area of the area that they are proposing
to add on and I have a copy of the Suffolk County Tax Map
indicating this and surrounding properties in the area. Who would
like to be heard? Anybody here for the first hearing? Is there
anything you'd like to say, Mr. Harrington?
MR. WEST: We're Harrington and West and we're just Builders for
the Van Meters because they won't be able to make it tonight and I
think they have all the paper work they applied.
MR. CHAIRMAN: So we can now grill you?
MR. WEST: Sure.
Page 4 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
MR. CHAIRMAN: Instead of th~m.
MR. WEST: Sure.
MR. CHAIRMAN: Is there any particular reason why you chose to go
in this direction as opposed to any other direction?
MR. WEST: Their kitchen is very narrow. It's like 6-1/2 feet and
the main objective is for them to get a little elbow room and the
family's grown and they have a lot of kids coming out. We toyed
around with a couple of different things and that's the only way to
the side yard. It's the only direction to get the room.
MR. CHAIRMAN: While you're standing up there, just let me ask the
question because I'm sure the Board will have some questions. Is
there anybody else would Like to speak in favor of ~.his? Anybody
Like to speak against this appLicatio~? Start down there with a ....
MEMBER VILLA: The little projection that goes out now to that same
distance; what is that? A bathroom or what?
MR. WEST: It's an outdoor shower. That's the same; it's like 3-1/2
feet, that's what we propose to go out equal with that.
MEMBER VILLA: What's on the other side, the living room?
MR. WEST: Bedroom.
MEMBER VILLA: Bedroom. Now, we don't have a floor plan
anywhere in the submission so it's hard to judge.
MI~. WEST: Actually it's a bedroom and bath~'oom. A small
bathroom. Those would all be given the extra three leer. There's a
kitchen on the other side.
MEMBER VILLA: Well, what's the size of the room uow,
thing?
that's the
Page 5 - Hearing Transcript
Regular Meeting of May 3, 1995
SouthoId Town Board of Appeals
MR. WEST: Of what, the kitchen?
MEMBER VILLA: Well you said the kitehen was about 6-1/2 feet.
MR. WEST: Right.
MEMBER VILLA: What's the bedroom?
MR. WEST: The bedroom is about 10, 10 feet and they got a
bathroom, that's about 6 feet. It's a small bedroom, tiny, it's a
small bedroom. Small bathroom.
MEMBER VILLA: Going out to the south side wouldn't work of
are they
making the kitchen, no, I could see very small, but what
trying to accomplish? They're trying to get living space or
MR. WEST: Well, what they have is ahnost like a pencil with room
going in that direction would just make it a longer pencil.
MEMBER VILLA: Well, not if you put a room out there where you
could use it as eating area. What are you trying Io accomplish in
the kitchen? I mean they've had it all these years and it has served
as a kitchen. They probably can't eat in it.
MR. WEST: No, they can't eat in it, no.
MEMBER VILLA: So what are they trying to accomplish? Are they
trying just to make it bigger or are they trying to make an eating
area in it, or?
MR. WEST: Yeah, they can hardly cook in it. I mean, it's, they
could get by, but I mean it's a very, very small kitchen. They just
want a decent kitchen. (Inaudible) They want to [lave more room
for cabinets and there's, there's really nothing in there.
MR. CHAIRMAN: Jim?
MEMBER DINIZIO: No, I have no questions.
Page 6 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
MR. CHAIRMAN: Lydia?
MEMBER TORTORA: When did they purchase the house?
MR. WEST: I believe it was their mother's.
BOARD SECRETARY KOWALSKI: It's on the Assessor's Card right
here if you want the exact date, Lydia. It's on the h~'t there.
MR. CHAIRMAN: Redhead, from Redhead, to Redhead.
BOARD SECRETARY KOWALSKI: Read the date next to it, Jerry.
MR. CHAIRMAN: Actually the date is cutoff. It says 5/29 and I
don't know whether that's ....
BOARD SECRETARY KOWALSKI: It looks like 87 to me from here.
MEMBER TORTORA: Three foot feet is a, you know what you're
asking for essentially is an increase in non conforming use.
( ) for non conforming lots wl~ich this is apparently what you said
on the application. It would be 15 feet and a I wondered if the,
first of all, three feet is you know, a yard stick, and you make this
yard ( ) 15 feet variance in my mind is very substantial. I wonder
if you have considered the location that you're going to be doing
anything the way the bathroom on this as well.
MR. WEST: Yes, the bathroom will be pushed out.
MEMBER TORTORA: It will be pushed out and how will that affect
you as far as your distance from the, your neighbor's property?
The bathroom fixtures?
MR. WEST: Similar to the kitchen, it's all very, it's all right
along, it's very close to the border line.
MR. CHAIRMAN: It doesn't change the sewer system.
MEMBER TORTORA: It wouldn't?
Page 7 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
MR. CHAIRMAN: No.
MR. WEST: No.
MEMBER TORTORA: So, essentially you're saying that you want to
extend this area because it's narrow?
MR. WEST: Yes.
MEMBER TORTORA: But, they've had it since 89. Prior to that
they've had it with their mother. No more questions.
MR. CHAIRMAN: Alright, Serge?
MEMBER DOYEN: No.
MR. CHAIRMAN: Alright, I guess what we'll do, we'll kick it
around tonight. We'll let you know what the story is. You're
welcome to give us a call tomorrow, we should have a decision. We
don't have a tremendous calendar tonight so we should be able to get
to it. We thank you gentlemen for coming in.
MR. WEST: Thank you all very much.
MR. CHAIRMAN: You're welcome. Hearing no further colnment I'll
make a motion closing the hearing reserving decision antil later.
MEMBER VILLA: Second.
MR. CHAIRMAN: All in favor?
MEMBERS: Aye.
Page 8 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
7:40 P.M.
Appl. No. 4239 MARGARET BEST AND ADYLEN
SYVERSON (James Fitzgerald of Proper T- Services, Agent for
Applicant)
MR. CHAIRMAN: This is a request for Variances under Article
IIIA,
1994 Notice of
lot area and
proposed,
Property:
Seetion 100-30A.1 based upon the Building Inspector's May 2,
Disapproval for approval of the proposed insufficient
insufficient lot width of Parcels #1 and #2, as
in this pending subdivision project. Location of
420 Private Road No. 17 extending off the easterly side of
Camp Mineola Road, Mattituck, N.Y.; County Tax Map Parcel No.
1000-123-6-17. The subject premises as exists contains a total lot
area of approximately 1.3 acres and is situated in the R-40
Low-Density Residential Zone District. This is an application that
has been before us several times before. We had seen Mr.
Fitzgerald last year and we had then asked him some additional
approvals which he will probably tell us about in one second and we
have a copy of the Suffolk County Tax Map indicating this and
surrounding properties in the area. How are you tonight Sir?
MR. FITZERALD: Jim Fitzgerald for Mrs. Best and Mrs.
Syverson. When last we met you were concerned about the Health
Department approval and having followed a ( ) and tortuous path we
have sustained that and provided a copy of the approved service
from the Health Depar[ment.
last spoke.
MR. CHAIRMAN: Alrigilt.
I'm sure the Board is going
Everything else is as it was when we
Again while I have you standing there
to have a question. Is there anybody
Page 9 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
else would like to speak in favor or
Seeing no hands Mr. Villa?
MEMBER VILLA: No, I have no problem.
MR. CHAIRMAN: Jim?
MEMBER DINIZIO: No.
MR. CHAIRMAN: Lydia?
against this application?
MEMBER TORTORA: No.
MR. CHAIRMAN: Serge?
MEMBER DOYEN : No.
MR. CHAIRMAN: While Mr. Fitzgerald is here are there any
specific restrictions that you're going to place on this when we go
and vote on that we call make him aware of? No?
MEMBER VILLA: Well anything he does in the future he's going to
have to come before this Board anyway because he's going to be
needing variances at any rate.
MR. CHAIRMAN: Yes, that's what I'm saying. I mean, is there
going to be a, I'm only presupposing a resolution, il' you talk about
one's concerns, a no further side yard reductioas really most
everything that has to be done there is probably going to need some
sort of something if there are any minor additions placed upon the
building anyway, right, Bob?
MEMBER VILLA: Right, yes, it's been the subject of a number of
hearings and anything that happens in the future is goiug to need
another one I would assume.
MR. CHAIRMAN: I'm just trying to presuppose, so this, OK.
Page 10 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
MEMBER VILLA: The only thing you can do is say l. here will be no
more variances granted but that sort of ....
MR. CHAIRMAN: Yes, I mean certainly these peoplz, will eventually
probably divest themselves in some interest in this property in years
to come and that may be tile reason for this whole ~pplication, you
never know. We can't presuppose what people do. Bearing that in
mind and bearing in mind that Mr. Fitzgerald has abided by our
request is there anybody would like to make a motion?
MEMBER VILLA: I'll make the motion.
MR. CHAIRMAN: OK, I'll second it.
BOARD SECRETARY KOWALSKI: You're approving it as applied
for?
MR. CHAIRMAN:
BOARD MEMBERS:
MR. CHAIRMAN:
Yes, right. All in favor?
Aye.
Thank you very much Sir.
MR. FITZGERALD: Thank you.
BOARD SECRETARY KOWALSKI: Any reasoning? Can you give me
some reasoning for the record that I can put in there.
MR. CHAIRMAN: Health Department approval.
MEMBER VILLA: Health Department approval and there's no increase
in density so it doesn't, you know, preexisting all we're doing is
legalizing the two entities that's all.
BOARD SECRETARY KOWALSK~: Alright, thank you.
Page l] - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
7:50 P.M.
Appl. No. 4308 - ROGER AND KATHLEEN WILSON
MR. CHAIRMAN:: This is a request for Variances under Article
XXIV, Section 100-244B, based upon the April 12, Notice of
Disapproval from the Building Inspector, for the location of a
proposed porch addition with an insufficient front yard setback and
proposed deck addition at the northerly side of dwelling with an
insufficient northerly setback and total side yards in this R-40 Zone
District. The subject premises contains a total lot area of 30,000+
sq.ft, and frontage along North Field Lane of 100 feet. Property
ID: 1000-71-1-17; 1080 North Field Lane, situated near the easterly
end of North Parish Drive, Southold. I have an orighml survey from
Robert VanTuyl, P.C. dated June 19, 1967. It appears in that we
have penned in areas of what they are requiring on their
insufficiencies and we have a copy of an entire floor plan and
(inaudible, paper rattling) and a copy of the Suffolk County Tax Map
indicating this and surrounding properties in the area. Is there
somebody like to be heard on this? You people are all here for the
next hearing? Alright, thank you. It's probably not the way to ask
you, I apologize. Is there anybody like to speak either in favor or
against this hearing? Seeing no hands I'll talk to the Board
Members. Bob do you have any comments on this?
MEMBER VILLA: You know, it's an infringement ou the side yard
but not much of one. At least you have 13 feet or something?
MR. CHAIRMAN: Yes.
BOARD SECRETARY KOWALSKI: 13.
Page 12 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
MEMBER VILLA: Other than that I don't see a problem. Whether
he's encroaching a little in the front but not by ~nuch. If you look
at the plan it's certainly going to change a nondes,;ript house into
something that looks a lot nicer so I don't have any major problems
with this one.
MR. CHAIRMAN:
MEMBER DINIZIO:
MR. CHAIRMAN:
Alright, Jim?
No, me neither.
Lydia?
MEMBER TORTORA: No, the variance is limited.
MR. CHAIRMAN:
MEMBER DOYEN:
MR. CHAIRMAN:
MEMBER VILLA:
MR. CHAIRMAN:
MEMBER VILLA:
MR. CHAIRMAN:
Serge, no?
No.
What do you want to do with it?
Move it as submitted.
You're making that as a motion?
Yes.
Who wants to second tllat?
BOARD SECRETARY
going to correct ....
MR. CHAIRMAN:
right?
MEMBER VILLA:
MR. CHAIRMAN:
yard?
MEMBER VILLA:
MR. CHAIRMAN:
BOARD MEMBERS:
KOWALSKI: Approved as submitted, I'm just
No further reductions of side yard or front yard,
Pardon me.
No further reductions of side yard or front
Right.
Alright, I'll second it. All in favor?
Aye.
Page 13 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
7:52 P.M.
Appl. No. 4309 - THOMAS AND CARMELA CUNNI{EN
MR. CHAIRMAN: this is a request for a Varianc~ under Article
XXIV, Section 100-244, based upon the April 12, 1995 Notice of
Disapproval from the Building Inspector, for the location of a
proposed deck over existing patio area which will exceed the lot
coverage by 500 sq. ft. for a total of 2,288 sq. ft., or less when
deducting stairs and step areas. The subject premises contains a
total lot area of 7,808 sq. ft. (Special Note: Section 100-230C(1) &
3) allows step protrusions up to four feet frown side line and 15 feet
from front property line without a variance.) Location of Property:
2515 Hobart Road, Southold~ 1000-64-4-12.1. I have a copy of a map
from Young & Young most recent date looks like Augnst 18, 1983 and
then we have a lot size confirmation from 4-18-95 at 7808. The
penned in area on the rear of the dwelling adjacent to the garage
area is a deck, new deck over existing patio of concrete pavers of 25
x 20 and if we go back to the original Notice of Disappro~zal lot
coverage at present is 20.5% proposed as 500 which brings up to
about 26% in lot coverage.
MEMBER VILLA: 7808 will bring us to 29.3.
MR. CHAIRMAN: I didn't do th.e calculations Bob that's all I'm
telling you, alright, and I ha~e a copy of the Suff(~lk County Tax
Map indicating this and surrounding properties in the area. Is there
Page 14 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
somebody like to be heard? Sir, how are you? Could you use the
mike so that, not mike just the podium ff you wouldn't mind.
MR. CUNNEEN: My main objectives for bailding ihe deck is to
cover an existing patio area and really take care of three problems.
One is a deteriorating and missing bricks on the p,i, io, the second
are unsafe stairs that go into the porch and third is some unsightly
shed c6vering that covers a breezeway that's that grade that
connects to the garage and the basement and so I sent out the
letters. I have received a, Mr. Schooff, a neighbor, had talked
and he was objecting to the height and we have since had a meeting
and I didn't, I did the size of the height when I filed but I agreed
to take the deck down to 8 inches ---
MR. CHAIRMAN: Above ground.
MR. CUNNEEN: Right, we're technically feasible, meaning that
you'd have headroom in the breezeway have adeeiuat~ headroom so I
could walk and then enough area of the landing of the porch.
Everything else would be 8 foot, so that takes the usable square
footage back down to that 300 or so square footage.
So the proposed addition is only 300 square feet
MR. CHAIRMAN:
then?
MR. CUNNEEN:
Well, it's about 289 my caleulalions. I could
show you some other drawings. This is a little more detailed. You
can see this is the area in question as it exists uow, OK. The
breezeway you have these stairs now. That's the elevation shewing
the stairs and how steep they are I guess so you could go down to
the breezeway. The second thing I had in mind was a larger deck
Page 15 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
and a higher height which would decrease my railing and keep the
cost down. However, after with Mr. Schooff, I agreed to take it
down to 8 inches to lower and just leave the stairways and the porch
and the height.
MEMBER TOTORA: Is this for our records?
MR. CUNNEEN: If you'd like it to be, yes. I think if Mr.
Schooff has any other comments but that's what we agreed to.
MR. CHAIRMAN: I just want to pass it down to Mr. Villa and let him
re~'iew it. We'll give it right back to you. In no way is this going
to be enclosed at any time?
MR. CUNNEEN: No, absolutely not. The house is 2800 feet.
There's no way that we will enclose that, there's enough room inside
the house but it's on a small lot and usable and since it's on a
corner lot with a graded property we really can't usc the front lawn
at all and if we levelled it maybe put high hedges il would be right
on the corner of Hobart which is you know another reason why we
want to. It's a pretty, we loved that house when we bought it and
last 18 months fixing it up, especially on the
we've spent the
outside.
MR. CHAIRMAN:
Could you just give me some dimensions on that 289
in reference to what you're talking about in size?
MR. CUNNEEN: The 289 coverage?
MR. CHAIRMAN: Yes.
MR. CUNNEEN: The lower area from the edge to the louger rail
it's all that usable area there it's on the lower portion.
Page 16 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
MR. CHAIRMAN: Alright. You don't have any dimensions on here
on that though, right?
MR. CUNNEEN: No, I don't.
MR. CHAIRMAN: Alright, that's alright. Is this drawing on scale?
MR. CUNNEEN: That's right, that's the scale, it's a l/4 inch scale.
MR. CHAIRMAN: What did you say Bob?
MEMBER VILLA: Well that's just the lower. We still have to include
the parties doing over the other part too. There's construction
there right?
MR. CUNNEEN: Right and my contention is that the landing is you
know replacing stairs that were there and the part that's over the
breezeway is replacing a shed roof that needs replacing. So, it's
really replacing existing structures.
MEMBER VILLA: It's still lot coverage though.
MR. CUNNEEN: Well, however you, however the law ---
MR. CHAIRMAN: Well, it's existing, but, yes it is still lot
coverage but it is existing.
MR. CUNNEEN: So that's what I thought, what I meant to say is
the, is the coverage for me, meaning usable area as oppose to where
the deck would be higher with minimal stairs I'd be able to use the
450 or whatever it came out to be. Now, the rest of it is passage
way so it decreased to about 289 - 300 feet so and a ---
BOARD SECRETARY KOWALSKI: How far out paso, ed tile garage
would that protrude?
MR. CUNNEEN: A that's roughly about 2 - 3 feet.
BOARD SECRETARY KOWALSKI: And then how long will that be?
Page 17 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
MR. CUNNEEN: How long with ....
BOARD SECRETARY KOWALSKI: From the garage ii'oing northwest
there. How long is that deck area? Cause you have on here 25 x 20.
MEMBER VILLA: That part of the house shows it being 24.4.
MR. CUNNEEN: 25., 25.2, I think.
MR. CHAIRMAN: And the actual depth that is at i(s deepest point
from the breezeway area or whatever you're talking about what you're
replacing?
MR. CUNNEEN: From the grade where you have tile you know it's
actually a breezeway that's at grade at ground level.
MR. CHAIRMAN: Right.
MR. CUNNEEN: Then the bark is, I don't really have that
dimension.
MR. CHAIRMAN: Alright. Just give me while you have the ruler
there, just give me a dimension from the house or from past that
breezeway area to the end of the deck. ( ) told me 24 at its
widest point.
MR. CUNNEEN: 14 feet approximately. It's a Xerox.
BOARD SECRETARY KOWALSKI: Then tile setback would be 14-1/2
feet?
MR. CUNNEEN: The setback still ....
BOARD SECRETARY KOWALSKI: It's still 157
MR. CUNNEEN: The setback would ~aaintain the 15
BOARD SECRETARY KOWALSKI: OK.
MR. CHAIRMAN: Jim do you have any questions of this gentleman?
-'ou want to see the plan again?
Page 18 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
MEMBER DINIZIO: Well, it's just pretty not really t. hat clear. I'd
like to really have something in writing that's, you know, I'd like
to see some dimensions written on this plan. You know, I'd like to
see your plan you know, something that we can approve or
disapprove or modify ....
MR. CHAIRMAN: Well, why don't we do this. Why don't we close
the hearing. We're going to be here a little while. You have the
ruler, write the inches in and give it right back to us, alright?
MR. CUNNEEN: OK.
MR. CHAIRMAN: Yes. Sir?
MR. SCHOOFF: May I say something before you leave.
MR. CHAIRMAN: Sure, sure, we're not going to close it yet.
MR. SCHOOFF: I come from Huntington, so it's quile a ride for me
to come to another hearing so if we can just establish a fact that
the height of the deck would not exceed 8 inches. Can we do that
tonight?
MR. CHAIRMAN: This is 8 inches above grade?
MR. SCHOOFF: Right.
MR. CHAIRMAN: Yes. He's agreed to that?
MR. SCHOOFF: Right, my house is just like 17 feet from his
proposed deck and privacy is concerned but at 8 incht~s it would give
me a problem.
BOARD SECRETARY KOWALSKI: Could I have your name please?
MR. SCHOOFF: Schooff. ~
Page ]9 - Hearing Transcript
Regular Meeting of May 3, 1995
Soutbold Town Board of Appeals
MR. CHAIRMAN: I don't have any problems with that. Anybody
have any problems with that? Will abide it in the decision. This is
a wood deck, ground level, not to exceed 8 inches ab,Jvc grade.
MR. SCHOOFF: Except the areas that ---
MR. CHAIRMAN: Yes, where you have elevation factor's, yes.
MR. SCHOOFF: Right, OK, thank you
MR. CHAIRMAN: Have a safe trip, Sir. OK, you calx either take
this copy back Mr. Cunneen or you can mark this one up for us
and we'll thank you and we'll be here and so hearing no further
comment I'll make a motion recessing the hearing until we receive the
MR. CHAIRMAN:
MEMBER DINIZIO:
MR. CHAIRMAN:
markup plan from the applicant.
MEMBER DINIZIO: Second.
MR. CHAIRMAN: All in favor?
BOARD MEMBERS: Aye.
I need a motion to reopen.
I'll make the motion.
Second, All in favor?
BOARD MEMBERS: Aye.
MR. CHAIRMAN: This gentleman has given us the copy here and
Mr. Villa is absolutely correct. There are ext~nsions on the
property already. However, we're encompassing those extensions
within this embodying of this deck. He contends that when I say he,
I'm referring that Mr. Villa contends that approximate 29% of total
lot coverage he may or may not be ~ight.
BOARD SECRETARY KOWALSKI: Is that they say 500 sq. ft. Bob?
MEMBER VILLA: Yes, and the lot area is 7808.
Page 20 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
MR. CHAIRMAN: I don't have a calculator. I mean I didn't calculate
the original. Does anybody have any specific objections to this
application?
MEMBER DINIZIO: Well, I just have a question concerning, you
know, why does it have to stick out past that garbage? Why can't
you just cutoff the garage?
MR. CUNNEEN: Well, as you can see because of the height
restriction plan to accommodate my neighbor's complaint which would
of given me the whole room I plan to get as much deck area as I
can. I'm not protruding as far as the existing patio that's there.
I'm just trying to recover the usable surplus that you can see I'm 2
3 from the edge of that patio walkway. It's ~'eally the same
footprint.
MEMBER DINIZIO: But you're raising it 8 inches.
MR. CUNNEEN: I'm raising it, well, I'm raising it 8 inches becaase
of the (tape very bad - there's a lot of static )
MEMBER DINIZIO: So, I mean, the point from the garage to the
new that you're going to be extending past the garage, what is
that? How many feet is that?
BOARD SECRETARY KOWALSKI: It looks like 3 -3.4.
MEMBER DINIZIO: What is it? 3 feet?
BOARD SECRETARY KOWALSKI: It looks like 3 feet 4 inches.
MR. CUNNEEN: Approximately 3 feet.
BOARD SECRETARY KOWALSKI: Ii that a little ove~' when you say
approximately is it 3 feet 4 inches?
Page 21 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
MR. CUNNEEN: No, it's not 4 inches, it's right on the Hne of
(inaudible).
BOARD SECRETARY KOWALSKI: OK, you have 18 feet on that
back line to the edge. When you subtract that 18 feet from the 14
foot 8 inches, that's why I'm thinking you're still coming up with an
extra .......
MR. CHAIRMAN: See where you have it up here on the thing, that's
what she's questioning.
BOARD SECRETARY KOWALSKI: It still doesn't add
MR. CHAIRMAN: See the 14.87
MR. CUNNEEN: Oh, the 14.8.
MR. CHAIRMAN: Yes, but I don't know if that's you know---
BOARD SECRETARY KOWALSKI: Because you need that extra 4
inches.
MR. CHAIRMAN: You see what she's saying. Yo~'re showing 18
here and you're showing 14 (inaudible) so it'll only show that you're
4 feet here.
MR. CUNNEEN: (inaudible, tape bad) going off and that the scale
(inaudible)
BOARD SECRETARY KOWALSKI: It's definitely not I can't hear
you, I'm sorry.
MR. CUNNEEN: It's definitely not 4 feet.
BOARD SECRETARY KOWALSKI: 4 feet, OK.
MEMBER DINIZIO: I'd like to see (inaudible) resolve the lot
coverage.
MR. CHAIRMAN: You mean (inaudible)
Page 22 - ttearillg Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
MEMBER DINIZIO: Yes.
MR. CHAIRMAN: I can't do that without (very bad t~[)e static)
MEMBER DINIZIO: Well I think it's incumbent upo~ us to do that
(inaudible) the applicant, certainly he's the one that's, it's your
statement that's going to be, that we're going to be considering and
you know.
MR: CHAIRMAN: Well, the question is do you have a calculator? I'll
go get you one.
BOARD SECRETARY KOWALSKI: The 289 sq. ft. that doesn't
include the stairs there, right?
MR. CUNNEEN:: That doesn't include the stairs be<.~use in talking
to Scott Russell, (inaudible) excluding stairs don't c~,ver it because
it's a different walkway ....
BOARD SECRETARY KOWALSKI: A certain size, yes, it has to be
under I think I gave you a figure of 30 sq. ft. 30 s,1. ft. though is
over 30 sq. ft., then you have to include it in lu~ coverage and
that's what we're trying to understand.
MEMBER DINIZIO: Which stairs are you talking ab,_,ut? The ones
that you're building the deck off of.
MR. CUNNEEN: It would be the, yes.
MEMBER DINIZIO: Well, why wouldn't you incR~de that in lot
coverage?
MR. CUNNEEN: I had thought that when we had talked it excluded
stairs in lot coverage because we needed to get to and from an area.
From my understanding now that ......
Page 23 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Tow~ Board of Appeals
MEMBER DINIZIO: You're not going to from an ~rea, you're in
that area.
BOARD SECRETARY KOWALSKI: Yes, it's different from what
you're proposing it for.
MEMBER DINIZIO: If you were to get into your house from the
street then if you had one less than 30 sq. ft. you (inaudible,
static) have to put a deck. The same with chimueys.
BOARD SECRETARY KOWALSKI: It has to be outside. Outside
the stoop areas, outside the steps.
MR. CUNNEEN: Then, taking that into consideratio~ you're talking
about 25 x 18 (inaudible)
MR. CHAIRMAN: 450 sq. ft.
BOARD SECRETARY KOWALSKI: That's 25 x 18 Jerry?
MR. CHAIRMAN: Yes.
(Talking about the measurements amongst themselves)
MR. CHAIRMAN: Alright, does anybody have any objection to this
application?
MEMBER VILLA: Well, basically, you know I asked the question in
the past. What is in the past practice and I always got a number
coming back to me like 26% is what we refer to.
MR. CHAIRMAN: 60 Road Mattituck, 50 x 145, 29%. Bayle, Samuel
Bayle, done 2-1/2 years ago.
BOARD SECRETARY KOWALSKI: How big is the p~'operty on that
MR. CHAIRMAN: 50 x 145. We had a similar problem with his in
the respect that he was redoing a deck in the rear ol' the house and
Page 24 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
he had this alleyway that he used which was covered. It goes down
to the basement. That was the percentage that toek him over the
percentage that we're talking about. Again, this is all encompassing
instead of having this gentleman has it in between deck and his
house and a you know, we've had a couple over in I think it was
Truman Road when we had decks on the ground but we still
calculated it the lot coverage. We were up over 30 in some of
those. I think the last one was around 32, but I mean basically what
it was was a ground level deck.
MEMBER VILLA: Basically it doesn't fit the Code. It doesn't
(inaudible).
MR. CHAIRMAN: I'm not saying it was right or it's wrong, I'm just
telling you that we're not comparing apples to oranges here.
MEMBER VILLA: No, if this man, if this gentleman wanted to come
in and put a concrete deck he could cement the whole back yard and
he wouldn't be here right.
MR. CHAIRMAN: Yes, well he's only 8 inches above grade anyway.
BOARD SECRETARY KOWALSKI: Going back to your original
sketch 374 sq. ft., that was not counting the outside stairs, right?
MR. CUNNEEN: Right, I misinterpreted.
BOARD SECRETARY
stairs though, you
remember we were
alternative.
MR. CUNNEEN:
MR. CHAIRMAN:
KOWALSKI: OK, you're going to reduce the
were going to put in that small step area,
talking about it, I was coming up wi~h an
Yes, right.
But he doesn't need that now.
Page 25 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
CUNNEEN: But you can see that that eliminated some of the
various heights because I was going to go 2 foot 9, 3 foot 9. Now,
that the neighbor objected I said well that's a ( ) point, let's
take it down to 8 inches, that gives me ( ) heigl~t, therefore I
don't need the stairs, only to the side.
BOARD SECRETARY KOWALSKI: You could have gone with a
smaller deck, but you're trying to accommodate your neighbor to try
and make things more amenable.
MR. CUNNEEN: Right because you know, because of the figuration
existing back there, I don't really pick up as much, as you can see
it's almost the same footprint, it's actually a little bit smaller in
one dimension (inaudible).
MR. CHAIRMAN: I'll make a motion grauting as al)l~lied for on the
3asis that the deck into be enclosed at anytime e.~:cept for those
stairwell areas or whatever that reciuire you know ( ). I have a
similar problem with ( ) you know, I'll make that motion. No
incorporation of it into the house, not to exceed 8 inches above
grade, meaning no roof, no living area, no anything of that nature.
Not to exceed 28.6 in reference to percentage of lot coverage ( ),
or 8.6 over actually.
MEMBER DINIZIO: I'd just like to add something. That it not
come any closer to the property line.
MR. CHAIRMAN: Yes, and no closer than 15 feet, that is correct.
Well in this particular case, tile g~ntleman doesn't need any steps
anymore becat~se he's only stepping off the deck, he doesn't need
any railing so, basically that's it.
.age 26 - Hearing Transcript
Regular Meeting of May 3, 1995
Southold Town Board of Appeals
MEMBER DINIZIO:
MR. CHAIRMAN:
as a motion.
BOARD SECRETARY KOWALSKI: Are you going to condition that
on no railing?
MR. CHAIRMAN: I don't care if he puts a railing or he doesn't put
a r~iiing. It's up to him.
BOARD SECRETARY KOWALSKI: I'm just asking if he wants to put
a r~iling then we .....
MR. CHAIRMAN: You can have a railing.
MEMBER DOYEN: What about the Building Code, it doesn't require it.
MR. CHAIRMAN: No it doesn't require it, not 8 inches.
BOARD SECRETARY KOWALSKI: That's why I'm asking.
MEMBER DINIZIO: Why, why would you ask about railing?
BOARD SECRETARY KOWALSKI: In case he wanted a ~ailing and
the question came up tomorrow I would know how to answer it.
Oh, well he's entitled to have one.
Alright, I'd like to offer that gentlemen and lady
BOARD SECRETARY KOWALSKI:
MEMBER VILLA: I'll second it.
MR. CHAIRMAN: All in favor.
BOARD MEMBERS: Aye.
Who would Like to second that?
Prepared from tape recordings
from actual hearings.
LF
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
f~own Clerk, Town o~ Soufl~old