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HomeMy WebLinkAboutZBA-03/06/1996 HEARING(Draft) TRANSCRIPT OF PUBLIC HEARINGS WEDNESDAY, ,.~RCH 6~ 1996 SOUTHOLD TOWN BOARD OF APPEALS The Chairman read the application and leg-al notice for each new hearin¢. 7:33 p.m. Application a4353 (A & B) - ESTATE OF LORETTA SENKO, by Richard F. Lark, as attorney. The applicant has filed two applications based upon the December tl, i995 Notice of Disapproval issued by the Buildin~ [~speetor, m wlzich applicant was denied a building permit to construct a. one~family on vacant land for the reason that lot nonconformin~ h~ lot size and has not been held in common ownership smce July 1, i983: Application A: An area variance is required under Section 100-25 (and 100-24) based upon a claim of practical difficulties in the event a waiver is not ~anted under Section 100-26. The subjec~ lot is shown to be adjoining another lot in common ownersb/p improved with a smile family 2wellin~ on a 15,S57 sq. ft. (See proposed Set-Off map dated Nov. 1995; amended Feb. 12, 1996.) Subject parcels identified as County Tax [vIap Parcels No. t000-t04-,4-10 and il Stertin~ Road, Nassau Farms. Cutchog~e, Application B: A waiver is requested under Section 100-26 for the lot as 2reared by deed dated 2/21/58 at Libor 445~ page i70~ a~nd further deed dated 9/2,4f90 at Libor 11155 pa~e 545. for parcel containmy 20,297 sq. ft. in area and !00.0 ft along the south side of Sterling Road, at Nassau Farms, Cutchog~ae; identified as County Tax Map ~t000-104-'4-i0. CHAIRMAN: In both A & B files I have survey dated November 15, 1995 by Roderick Van Tuy-1 pc indicatin~ the house lot which is approximately- 75 b?- 211.28 and the lot wkich is the nature of this application also, which is lot ~1 which is vacant~ which is 20~297 sq. ft. or t00 by 195 variable. have a copy of the Suffolk County Taxx Map indicating L~zis and surroundin~ properties in the area. _VIr. Lark, how are you tonight? MR. RICHARD LARK: Fine. Ch~drman: So nice to see you, how are you? MR. RICHARD LARK: OK. My- name is Richard Lark, Main Road, Cu~chogue, NY. On behalf of ~he applicant. If ! could i'd like ~o ~atk about the application fee which is the waiver application first, if the board grants that is won't be necessar~ to ~o onto the variance application. The reason also is that the land that this application falls squarely wii lfin tile four criteria ~hat are Hsted in the Zoning Ordinance for a waiver. :N'o~ ~o be redundan~ because ~he board [ ~hink has a complete picture in ~he variance appiica~ion~ application A as we[I as in application B, bu~ i'd just like to cover a few of the basic fac~s not ~o reread applica~.io~ or ~he request for ~he zoning. Page 2 - Verbatim Transcripts Regular Meeting of March 8; !996 Southold Town Board of Appeals CHAIRMAN: Thanks MR. R!CHA2D LARK: Variance or the waiver~ ok. The lot in question was purchased in !958~ that's exhibit 3 as a separate lot. When lot sizes under the zoning ordinance in the Town of Southold at timat time were 12,500 square feet. ZorHng hadn't gone into effect until !957. TbHs lot in question ~vhich were asking for set off or the waiver merger is 20~297 sq. ft.~ and so at that time the title or merger was not an issue. In 1952 the lot size became an issue because the zoning changed to R40 or 40,000 square feet~ and the lot size being an issue. The owner's Peter mud Loretta Senko came to yours tru!y~ to get a separate deed transferred which was done. You have that as exhibit 4 w~hich was transferred to Peter Senko; and the main reason for that was to avoid a merger. However, in !~90 Peter Senko became ex~.emely ill. At that time he was 78 years of age. i have bHs Son here tonight who will talk about ti~at, havLng Hved with his father at that time. Mr. fenko, the eider Mr. Senko became extremely worried and preoccupied ~dth '~he notion that he was going to die. He wanted everything simp!~.~ied for his ,.,~fe. In fact, he ~.¥anted to avoid alt types of probate and everything~ and in his confusing 14 days prior to his death~ he had a family member who was a newly admitted Attorney fix up the deed w~hioh is exhibit 5~ transferring the title back to Dim a~'~d b. Js ~-'~fe. Which of course at that time~ automatically merged the property, and this transfer~s what is being asked tonight in the application for a waiver. That the board in fact~ wavered as far as zoning is concerned. On the ori~dnai lot Hnes, that were separate lots ~rior to that time. i believe situations Hke ~hese must have come up and then envision, come up before this board before~ and been envisioned by the Town lathe?s; when they adopted 100.26 of the zo!zing ordinance, to allow the waiver of t.bis legal merger because as I said, the fact pattern of tlnis property does fit squarely within the four listed criteria. !. There ~Adil be no signoificant increase in the density of the neighborhood. That's obvious what you have in ~he site plans there. There can be only one more house established on that lot. 2. To be granting of the waiver would recognize th_ts lot whose size is consistent with the majority of the lots whose also going out into Bay ave~ue and if you ~,~it, Skunk Road in this z~eighborhood, for wbHch the weiver is being requeszed, if the lot as I said before is 200,297 sq. ft... and the board in visiting and iooki'n{ at this, it's viewed on e:{izibit 6, can verify the undersized lots is the norm of the majority of lots in this par{icuiar neighborhood. 3. The yrantin{ of the waiver will avoid economic hardship r_o the heirs of Loret~a Senko. It is obvious: due to .+-he size of the lots in the _neighborhood but the merging with ~his vacant lot with the improved parcel which the house is on will no~ add principally to it's value. The real estate broker you see~ there is an contract of sale ~o sell the improved io~, altd the real estate broker is here tonight aisc to testify that the vacant io~ added ~.o it, -.~-ii! not siL~nificantly improve the value. Exlzfbit 7 which is what would be proposed there; with the setbacks off the street. It shows the ioca~ion of the proposed wells and cesspocis u~d so on. it shows iha~ a house call be built on tbHs big parcel Page 3 - Verbatim Transcripts Regular Meetin~ o[ March 6, 1996 Souzhold Town Board of Appeals without changing any of the coutours of the !and. Nor will it require any fill. Nor wilt it effect the natural drain which is in the rear of the property, and on the adjacent property. So, it's submitted that it will not be in the environmental impact by allowing a house to be built on this. So considering that in mind, any- further adieu, I suggest to the board that this application does fall squarely wittf3a the criteria, and if the board has any questions I, Mr. Senko or the real estate agent can answer any questions we will, on that particular phase of the presentation. CHAIRMAN: When was the house built. MR. RICHARD LARK: The house. CHAIRMAN': Prior to 63. MR. RICHARD LARK: Oh yes, the house on the adjacent lot was built, I think the tot was purchased on 1952, and the house was built shortly thereafter. The house was constructed prior zo zoning, yes. CHAIRMAN: Thank you MR. RICHARD LARK: There is an addition put on after zoning, with a deck in the back. That was done later on the house itself, and I ~hink you have copies of the certificate of occupancy. CHAIRMAN: Right MR. RICHARD LARK: On the variance application. CHAIRMAN: OK, we'll start with Mr. Villa. Mr. Villa, do you have any questions. MEMBER VILLA: Well, you said something about value. Do you want to put that into the record? MR. RICHARD LARK: OK~ I was going to do that on the variance application but I can do it here. There is a contract to sell ~he existing house as it situates there on the lot next door for $t15,000.00. When the, Mrs. Senko died, Loratta Senko, died the estate appraisal for the vacan~ tot was $65,000.00. The real estate agent tells me that if the vacant tot was added to the improved lot; it would only bring up the price of about the whole kit and caboodle to $125,000.00 as strange as that may be, because you couldn't use it for anyttfing if the lots were merged. So, it's fairly clear and the broker can lalk about that more fl~. length ff you want Mr. Vitla, but it's fairly clear then. You've got a 255,000.00 spread here, based on appraisals, and what there is and outstanding valid contracl to sell tlie one family- dwelling. MEMBER VILLA: ! just wanted the numbers: that's ail. MR. RICHARD LARK: OK, i was going to put that in if you wanted me to go through the criteria o[ the variance application. Do you want to do tha~ Ilo w ? Page 4 - Verbatim Tra~lscripts Reg-~lar Meeting of March 6, i996 Southold Town Board of Appeals CHAIRMAN: Weil~. let's go down the line first. Mr. Dinizio. MEMBER DINIZiO: No, I don't have any questions. CHAIRMAN: No questions. Mrs. Tortora. MEMBER TORTORA: One of the things that you had said on your application that deals with the contour, and that little dip on the property- in the hack. Is that, the new building envelope would follow the lot; you know the setback of the ex/sting house adjacent to it, the existing house~ and I wondered if you had any problem as puttLng that in as a con .ddtion. MR. RICHARD LARK: No, none whatsoever, none whatsoever. MEMBER TO'RTORA: No filling. MR. RICHARD LARK: No, that's not a problem either~ because I did talk both Peter Senko who's here with me tonight, and the surveyor ~/vho i have located, and he said, there would be no problem locating it. In fact, the actuai construction of the house p~cticat!y from a foundation szandpoi~t :~vould be very similar to the house to the West. The back yard portion, ~he foundation ~voutd be mainly exposed. You would be digo~ing into the bHil if you would. That type of thing. MEMBER TORTORA: As lon~ as you wouldn't have an)- objection ~o making that a condition. MR. RICHARD LARK: No, I said no. No they would not. CHAIRMAN: Serge MEMBER SERGE: No. CHAIRMAiN-: Nom- you may continue if you wouldn't m~ind. MR. RICHARD LARK: OK. Now the application A which was started and that was really mainly on the behest of the building [nspector~, because he hisisted that a variance be done, because the waiver requirements were not finalized s[ that time. So original!y~ ~ve applied for area variance~ and if the waiver is not grunted by the board wh/ch ! submit. That would be the most practical solution to this problem. Then the request is for an area variance due to tlzis inadvertent merger that look place when .Ytr. Senko Pi~ht prior to his death~ did this deed. To grant an area variance as the board is aware~ the statute under the Town law 267 has been changed, and you mus~ take in the following criteria. The benefit this case. Tile estate of Loretta Senko. If you Erant the variance by allowing two lots as originally e]lvisioned~ {he benefit is obvious~ and ~here mainly economic. As i just e!~Dlained to }/Ir. Villa. The estate is presently under contract ~o sell the ~-~ or{gin8[ [on~ wi~ich is improved by one family dweliin~ for the sum of SllS,000.00.~, and the coniract of course is coniin~ent on the board ~o~ranting a variance. As i explained, that there was an estate appraisal ?or the vacan~ ici, which is $65~000.00 so the economic benefit. This economic Page 5 Verbs[in Transcripts Regular Meeting of March 6, 1996 Scutho!d l~own Board of Appeals benefit weighted, again the detriment zo any of the health, safety or welfare of the neighborhood. It would be for the board to determining in ~o-ranting the variance. I submit that there is no detriment considering the criteria. five criteria set forth in the statue. Whether the first one, whether an undesirable change will be produced in the character of the neighborhood, or a detriment ~o the neighboring property, if a variance is granted. submit, there is no detriment by grant/ag this variance, and permission to build an additional house which was visually envisioned, and primarily enjoyed by the rest of the neighborhood, which ~s ~oday undersized lots. If the variance is not g-ranted there is no o~her feasible method ~o ~ran[ the petitioner relief, unless of ~ourse, the board does gran[ a waiver, and it's submitted that the reques~ for an area variance is not substant/ai, when you consider the neighborhood. The two lots are undersized .by the R40 or 400,000. square foot requirement, being 20,297 feet. The vacant lot and the improved lot 15,857 square feet. So when you look at the undersized lots in the neighborhood, these two lots fit~ are very compatible with the size. Are more or less an average size considering both Sterling Road~ and the lots runPJ/lg on Bay avenue, because the lots size run ail over the place. But the 20~297 square foot lot is very average~ and the 15,857 is only slightly undersized when you look, when you average a square footage of the lots. 4. It is submitted that there will be no adverse impact on ~he physical or environmental conditions in this neighborhood by the allowing of ~he construction of a one family dweHin~ on a vacant tot. 5. Sure the difficulty of this merger was a self imposed or self created. But when you consider the circumstances of this sick elderly man Peter Senko, without compe[ent counsel, doing what he did. I think ~he board as the statute said, although relevant it is not necessary preclude the ~o-ranting of a variance. It was writIen right into the statute by a Le~siature. So, I respectfully submit that in the interest of subszan[ial justice that a variance be granted. In other words, using the balancing test which the s~atute creates by setth~g forth t~his criteria, i believe considering ail of the factors as stated in the full pe~i~ion, wb_ich you llave before you? and considering ~he neig!lborhood itself, i believe proper ~or you to gran[ ~he petition for a variance. C?{AiR. N~AN~ Thank you. is there someone else that would like to speak~ either the real estate broker or ~ir. Senko? >IR. PETER SENKO: Yes~. i would like to say a few words. Ci[AIR~'[Ai'~: OK, Good evening Sir, how are you. l'iR- PETER SENKO: Good evening. Good evening everyone, i'm goin{ to be brief, i'll :e!I you who f am. i'm Peter Senko, and I've lived in Cutchop. te most of my life, my l~oung life. f~m a graduate of Southoid High School in !964. i'm going to ~e~ right zo it. This merger that occurred; was news to my family, and only became known to us after our mother's death. !For a£rer my Father% death. My Mother dies, it will be ~wo years it: September. She died in September of 1994. My Father died in 1990, PaF~e 6 - Verbatim Transcripts Reo~ular MeeLii~g of March % 1996 $outho!d Town Board of Appeals October $, 1990. My mother in the period after my Father's death, failed, and she failed quite rapidly. At one point, knovdng that we would need alot of money to take care of her, as she started to deteriorate. I hadn't a clue that tiffs had occurred. We aiways thought that that !o% was a separate lot, a buJldin~ loL A~ one point I even ~s~ed it for sa!e, ti~nkin~ m the future i was going to need monies ~o take care of my Mother as she ~rew pro~essive worse. Finally, my Mom passed away~ and my brothers and I dec~ded ~ha~ we wanted to sell her house~ and i proceeded~ and it was only brou~h~ to my attention ~dtb~n ~he last year, ~ha~ ~ese lots have been merged, and that brin~s me to ~he point ~hat. Whatever my Dad ~d a~ the end of his ~e un~own to anyone in the fa~iy. He en~a~ed an Attoruey who is ~s niece in Brooklyn, and it must have been on bHs ~nd that it would be simDier~ zor ~ my Mom to ~%~=~v on.. without ~oin~ through whatever machinations ~o on in real estate, that everyt~n~ was her% and pu~ back in her nq~e. iz was a bi~ mistake.~'m.. be~n~ your indui~ence in overloo~n~ ~hat, and ~z~nt tl~s disclaimer. CHAIRMAN: Thank you. Let me see, does anybody have any questions? Any questions of this ~en~!emen? No, thank you so much MR PETER SENKO: Thank you CHAIRMAN: Anybody else Mr. Lark? MR. R!CHA~D ABATELLi: Yes~ i'm Richard Abate!H from Aba~eilf Real Estate. Yes, we do have a contract as Mr. Lark stated for $i15,000.00, and i am a licensed and certified appraiser for the State of New York. Although zor Mr. Lark has a separate appraisal mm~ca[m~ what t!~e value is~ ~ the lot. Either ~ was not merged, i can attest that t~s is fair v~ue $5~,000.00 for a sepa~a[e lot, snd ff in fac~ the io~ were merged, the value would be minimal above what the value of what I received in the contrac~ presen.~y. A fair value of about $i0,000.00 is a za~r representative of wha~ the increase~ what ihe improvement would be on the property beha~. CHAIRMAN: Tha~ you. is there anybody else ~ha~ wo~id like to speak m favor of tbHs application? is ~here anybody ~hat would like to speak a~ains~ this appKcation? [ knew there is one ietter in the file. You're very weteome ~o use the m~me il you would, if iz's not an imposition. T, + )/IR- WILLIAM WAGENPHASS: Yiy name ~s Richard Wa~enphass. T ~'~- Steriili~ Road. i take eNcep[ion to 5~r. Lark's categorization of the lot being a typical size lo~ on Ster!in~ Road. f~y io[ is in excess of ~0,000 indicates --. This probably shows the .... ~aoo~ ( ) on ~he map. There a numerous other houses on the block, several which are larger tha~a mine. don't think [ha[ the to~ in question is ~l~icai a~ ail on ~ne block. When Moa say averse'e, although I haven't looked a[ ever?- house_ is i~ correc~ o~~'~.~,~ bo~.h~ots' - in combina[ions fail short of ~he R40.~ ~he curren[ R40. 20 Ci[Ai~MAN: It looks like ~t to a!e. Ttia~ is eorree~ , ; Page 7 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southoid Town Board of Appeals MR. WILLIAM WAGENPHASS: It would seem to me --. Also, is there an indication of tile wetland involved, with the pond and the birds and all that sort of thing. CHAIRMAN: Your welcome to make your own determination. Here's the map. MR. WILLIAM WAGENPHASS: No. MEMBER TORTORA: Is it on the property in question? MR. WILLIAM WAGENPHASS: Part of the grade, part of the water flow from the lot into the pond. That's a very sharp picture. MEMBER TORTORA: Do you want to take a took at it? CHAIRMAN: It's down in the corner. MR. WILLIAM WAGENPHASS: Where the pond shows in the lower left hand CHAIRMAN: That's correct MR. FRANK ANDERSON: Well, right now. NIB. WILLIAM WAGENPHASS: You're not sho~ing the pitch. CHAIRMAN: It's not a ( MR. FRANK ANDERSON: It's evidentially here, but it looks like it's much deeper or mo~e of a pond right now then what shows on the map. MR. RICHARD WAGENPHASS: There's slot of water in there. That's ail wanted to say. CHAIRMAN: OK, thank you. MR. FRANK ANDERSON: I also live on SterHn~ Avenue. MR. RICHARD WAGENPHASS: He also has a tot considerably larger than R40. CHAIRMAN: Thank you. [s there anybody else that would like to speak against. Sir. MR. KENNETH POLtWODA: My name is Ken Potiwoda and I live west of tt~at lot that's being divided, and i find it --. They had aio~ ~o say here ~etffgh~ hot aiot of it was said because. It's just not right what riley are doing. They're taking a lot or a whole s~reet of lots on tiz[s size, which according to a lot. Let's say this size, an average size, and now they are breaking it up into tiffs size Io~. Where actually they breaking one into oae third, and two thirds nex~ to me. Their are trying zo ge~. it ;as big as Page 8 - Verbatim Transcripts Re~_,,iar Meeting of March 6, i996 $outhold Town Board of Appeals possible so that they can get a bufldable tot out of the whole deal, and it's just not right. Especially, now that you have a wetland involved, and a pond which is bel~ind my house, and probably consumes half my property. Maybe fi0 feet are there's. ~ ~at s a considerable grade and there is atot of wi!d~e in that pond. There are ( )~ red hawks~ all kinds of fro~s, afl l~nd of a~mals, and so by bufl~n~ on ~his ~ ~ · Ot~ i see how they ~anr be environmenta!1y impacted. By ta~n~ away from the natural flow of the water ~n Zha~ pond. On my deed it says, that pond there.~,s~*' na~urai dr[n~n~ water. It's not ~_at. _~ ~ave a _phone ca~t DmC~ and they came up w~ih. That it's ~oLu~ to be analyzed, but as now that has sait wa~er marsh. So they must be--. They fibre salt water intrusion into t~t pond plus, fresh water drirK~n~ wa~er underneath. By their laws that--. ~ ~ ~ ' _ ~on, know ff t~s tot has been subdivided yet. i mon~ know [f that one( ) but under the salt water division~ subdivisions.is in the salt water territory, and it required ~00 feet of new building, uniess you ~e* a special permit. As for fresh water, ~. s a !00 foo~ boundary-. It's just considered ( )fresh water. I betieve the Town has a 75 foot boundary. CHAIRMAN: That's correct. 2~4R. ..... KENNETH POLiWODA: S0~ the~fore that would be ~e permits right ~here they'd need ff _ires lot was considered fresh water and sait water parcel, and I think it's just not right what they are CHAIRMAN: Thank you. Anybody else would Hke to speak a~ainst. OK, thank you. I do~a~h '~ one letter in the file also, .... ~ha~ a~ainst. Mr. Lark anythin6 you would like re wrap up. ~qR._ PETER SENKO: Right, Fd Kke to say a another cou¢le~ of words ne~' reg-ardin~ that pond. The area of the property first of ali dries up every Summer, and I recall the ior in back of the property that we're t~kin~ about. It's now owned by the Martin fa~y, ~ behove it is. It used to be owned by a fa~ly by the name of May, and I would t~k that ha~ of the back yard of the Marcin parcel came ou~ of ,h~, ~norr in the Summer. May would go there, and dig out the dirt, and use rhar top soil for his ~ard~. He had a biff, bi~ garden in the back there. To me, ~ ~ a run off. It dries up in Summer time, and the !~ouse chat s to the West of rhar ' ~ ~vtv goodness, ~ know that house and ~'ve been ~ that house and you're talking about not doin~ the right tbHng. That house sits right on that pond with about maybe i0 feet from the edge of that runoff. So, object to that, and that characterization as re what we want re do. We would be way far away in our construct/on. Whereas the people objection rials, is right on ,.o~ of it. r don~t quite see the !o~c. That's what r want re say and r want ~t re be known ~' ~' _ ~nat ~na, dries up in Summer. There is ~o question about CI~AiRMAN: Thank you Mr. Senko. Yes Mr. PoHwoda, could we keep this re kt tiveiy brief. ....... Y~, just HKe to rebuff that. It ~ '- '~ dry :'~[R. KmNNETH POm~WODA. ~. i up. it's actu~ty, on my map of my ~ee~ it's I0 reef. two spots m rha[ . :,: way ir ~- up. it ~een whzch ~s very heaithv. Pa{e 9 - Verbatim Transcripts Re,on.dar Meetil~g of ~/Iarch 6, t896 Southo[d Town Board of Appeals CHAiRMAn': Thank you, ok. Hearing no further :omment I make a motion. Anybody have any other ~luestions before I make a motion. MEMBER VILLA: Close ~he hearing CHAIRMAN: I ~nake a motion closing the hearth6 and reserv~n~ decision un~il la,er. Alt in favor. S:05 p.m. Amended Appli. No. ~649 - CHRISTOPHER CONNERS. Tiffs is an application for a variance based upon a disapproval issued by Zhe Building Inspeczor dated 2/8/9~ for a buildin~ permit ~o conszrucz sin~ie-family dwellin~ with an insufficien~ front yard setback, Article lllA, Section !00-$0A.2., and the sub]coz to obtaining approval from the Southold Town Truszees and other approl:~iate agencies, concerr, in~ premises known as ~50 West Drive, Southotd, NY; County Tax Map Parcel No. t000-59-5-29.~ CHAIRMAN: I have a copy ~f a survey indicating a proposed house zo be constructed approximately 26 feet from the nublic road, and I have a copy of the Suffolk County Tax Map kndicatin~ this and surrounding properzies in ~he area. Mr. Conners, how are you tonight. MR. CON,NORS: Good CHAIRMAN: Pleasure to mee~ you. Mrs. Conners. how are you. MR- CHRIS CONNORS: Yes. I am Chris Conners and this is Efleen Conners; my wife. CHAIRMAN: This nas been ~ long process- MR. CHRIS CONNERS: Oh. has fi ever. ~/IRS. EILEEN CONNERS: That's an understatement. MR. CHRIS CONNeRs: It's been a 9 year old deal, and we hope.the board wiil grant, us ~his variance so we can finallv build a house that we oianned on doing aboul 9 years ago. I'm sure, as the board ~s aware. I've been really working wizh the Truszees on this application, and the DEC, ~nd they finally --. Together we finally, I g'uess, a~reed on this location after many differen~ proposals of scaling back ~he house., and ~he location, and we spen~ alo~ of money oa ~his project, and an awful lot of ~Ime. ! hope that you'll see i~. Be able ~o see ~z, and ~odve us tbJs variance. CHAIRMAN: The estabHsament ~f placing tiffs house in this position Cs basically a -- MRS. EiLEEN CONNERS: To cuhninate ~he Trustees position on minimizing the impact on the fresh water wetlands that are located on the property. CIiAIRMAN: OK, r~hank you for sayin% thal. Le~ me just see if there are ~u~y questions from any board members. We'll slar~ with Mr. Doyen. Page i0 - Verbatim Transcripts Regular Meeting of March 6, i996 SouthoM Towp. Board of Appeals MR. DOYEN: No. CHAIRMAN: Mrs. Tortora. MEMBER IORTORA Tizis has to ( ) in the front. How high wilt that be. MR. CHRIS CONNORS: Three and one half feet. There is a retaining wall that is ~oing ~o~ proposed ~o ~o around the cesspool, is ~' ~ _ ~nre~ and one ha~ fee~ high. , m,- ~ ~ - .~ be ~hree and one ha~ ~ ~ __ M~MB~ ~ORTORA. So, it ' ;~ _e~t hi~h~ and how high will the house be, the eievac_on of the house. MR. CHRIS.. CONNORS. The base elevation has ~o be about it feet above mean sea leve1, and then from there --. ~MRS. EILEEN CONNORS: It can't ~o higher than 35 fee~ so we're hoping to build it wit5dn ail the zo~n~ laws. ~IIEMBER TORTORA: So you'll be able to put two story, and it wilI be 11 ~e~t [rom the structure from there. E~w,' - Yes ~ . _ MRS ~mEM CONNORS: but, ~he property ~e, the ~roDer~y ~de is M~her ~han, it's a HtZle hi~her. MR. C~R~S CONNORS: ~ ~h.~ fee~. !~'s based three fee~ ~o start with. it's the proper~y, and then we have to come up with an eight foo~ piling, eight foot pi!in~ is wha~ it is, and then from there you be~in zo start to l~vei, the base level of ~he house. MRS. EILEEN CONNORS: ~ '~ 'h z~aa s t:.e two s~oD~ hoklse. CHAIRMAN: So it's ~oin~ zo be driven piHn~ as opposed to permanent foundations. MR. CHRIS CONNORS: Yes CHAIRMAN: Which is still permanen~ but Nm just savin~. Nm sayin~ enclosed. O[(~ :hank you. Mr. Dinizio. MEMBER D[NIZIO: No, [ have ao qaesdons. CHAIRMAN: Mr. VfiIa MEMBER VILLA: You're sayin~ ~' · is ~ ' ~ ~na. the wail =o{m~ ~o be three somet~n~. ~'IR. ~H~IS CONNORS: Three and one half approxima~ely~ yes. HI~M[31[R VILLA: Becaase '~ sav:s ~oD~ ~,. that the . of the wail is something like 7.[~ ax:cordin~, zo the map here. E!evadon on [lie corner is 3. !, so t~'r~la~ wouid make k [our foot sometEn{: alldtna~' -'~ ~oing to be ri~h[ on p'our P~.ge i1 - Ve~badm Transcripts · Regular Meeting of ~Iarch 6, 1996 Southo~d Town Board Of Appeals MRS. EILEEN CONNERS: It's on the property line. MR. CHRIS CONNeRs: It's on the amount of property line. It was seven. The property is ~ and it was 7.1 The surveyor told me, it was $ and one half foot., amd he is the one that proposed it, and i asked ~fim how high or Iow; and he said three and one half feet. MEMBER VILLA: Does anybody have any records of wells bein~ as deep as i see this well proposed to be: MR. CHRIS CONNERS: Of the 85 foot well. MRS, EiLEEN CONNerS: Well, we had a house on Lincoln Drive and that was about 8.0 feet. MR. CHRIS CoNNeRs: That was about 80 feet down. We lived around the corner from this location about !0 years , and the well there was --. MEMBER VILLA: I see the Health Department is requirin~ the well to be 85 feet in~o ~round water. MR. CHRIS CONNERS: Right MEMBER VILLA: Because it's nor_ the I00 foot separation. MR. CHRIS CONNERS: Correct I.~RS. EILEEN CONNERS: Correct ~EMBER VILLA: On the cesspool and I was {usz wondering. You're pretty close to the Sound and I was just wonderin~ i~ were goth{ to MRS. EILEEN CoNNeRs: We were closer to the Sound on Lincoln Drive. MR. CHRIS CONNERS: ( ) You know, dealin~ with the various a{encies; whether it be the Health Department and the Trustees, you know. We tried to accommodate an}'hod]r the best that we can, and we tried to coordinate. But it realty wasn't that ecs}- of a process because you know. it took us nine years beu, veen the DEC and the Health Department and the Trustees. But, we did whatever we possible could :o accommodate anybody so we could jus: get on ~.th this project. MEMBER VILLA: Just for the record. Out of a 20,000 square foot lot you got 13~ 500 sc£uare fee: thai are we~iand. MR. CHi{IS CONNERS: Welt; at the time i bought this propert?- I researched it with the Building Department, and unfortunately it just MRS. EILEEN CONNERS: it did not come to Light until after we purchased [~. After we had t~ied to start the process of tr]~in~ to bnlld a house, is when that al! came about. Pa~e 12 - Verbatim Transcripts Re~c~uiar Meeting of March 6, 1996 Southold Town Board of Appeals MR. CHRIS CONNORS; I wasn't aware. Obviously if I would had known anythin~ or the Building Department. Ali i did was ask them whether could build on this lot. It was checked into--. MRS. EILEEN CONNORS: This lot was part of a Iarger parcel that was snbdivided in ~972. That was approved by the Zoning Board for to be separate singtes lots. SECRETARY LINDA KOWALSKi: Yes that's true. I did check that. Do you have copies of it, by the way. MR. CHRIS CONNORS: Ti~is was subject to what was issued a vacant land seal, which was explained to me at the time by the Bufldin~ Department which means. You can build a house on this lot. In actuality, when push comes to .sh°ve~ because we've had Attorney's with VanCort and you know-, it says subject to on it, and other approvals and other agencies. That's why we~ve been involved with the other agencies. We try to make the best out of a bad situation. CHAIRMAN: Anything else Bob MEMBER VILLA: Well, ! just t1~nk it's 26 feet from the road with a four foot wail; and a house sticl~dmg up 35 feet. It's going --. The lot shouldn't rea!Iy be brdlt on it to be perfectly trutlnfui, i know where there coming from, and I ka~ow the problems they've had. But, it's really a lot that sho~Id have never been built on. MR. CHRIS CONNORS: We!i, ff I had my- choice. This wasn't really our proposal. It was really the Trustees that told us. MRS. EILEEN CONNORS: We came to this proposal based on wlrat we were allowed to do. MR. CHRIS CONNORS: i've never been in a bar~aining position from day one on ti~s, and I'm just tr~dng to follow the best that i can, ail the needs that are ~iven to me. MRS. EiLEEN CONNORS: What we're askin~ for is to be able to brin~ the house up 14 feet from wha~ the Zonh~g code is. MEMBER VILLA: Yes, and your bz~inging in 500 and some yards of fill to --. )~tR. CHRIS CONNORS: That's for the cesspool, it's required by ~he Health Department. We're brining in the minimum. Everything on ~his pm)]ec~ really bare bones mJnimnm. From the Health Depar~ment~. from the Trnstees, we've got it down ~o inches, and you l~znow i~s lean as possibly, really ~hat I could think of, tha~ i could MEMBER VILLA: Well, I don~t know how the decision ~oin~ ~o ~o~ bu~ if it gets spproved~ when you build those aids. you better be sure wate?oroof~ because I was part of the Health De~sartmen~ ~eF~-~, and many walls that had sewage seep~n~ through the side of ~hem; and it's not a Page 13 Verbatim Transcripts Reg~dar Meeting of March 6, 1996 Southo[d Town Board of Appeals happy situation. So, if you're going to be living there, you better see that znat is done right. MR. CHRIS CONNORS: Tlmis project has been under a magnifying glass for tl~e nine years since weTve been doing it. So everything we do, is going to be strict, you know, ~o the letter of the law, and everything is going to follow that. and I know t have alot of people that have been following it. Different agencies and then making sure what I do, everything exactly prope~. MEMBER VILLA: it's going ~o be a year round house. MR. CHRIS CONNORS: It's for my parents as well. They [nitially were going to retire out of this house. That was, as I said it was nine years ago. Wha[ they intend to do now, I --. tt was initially a year round house. What we're ~oh~ to do with it now. It's a combination of both, my family, t have several kids and my parents as well. You know, it's ~oin~ to be a year round house. MRS. EILEEN CONNORS: We intend it to be year round. CHAIRIVIAN: [ can attest to the long hard road that you've had. Itts unbelievable. MR. CHRIS CONNORS: That it is CHAIRMAN: We dm~'t have any further a. uestions. We'll see what emanates from the hearing. Oh I'm sorry, go ahead. MEMBER TORTORA: What's the total square footage of the house. MRS. EILEEN CONNORS: 20,000 SECI~ETARY LINDA KOWALSKI: The house. MRS. EILEEN CONNOteS: It's about 1700, 25 feet from what we're proposing. MR. CHRIS CONNORS: The base of the house is 25 by 40, w~hich is 1,000 square, a~d we're proposing putting like, three quarters from the top. We [i~red out !725. CIiAiRMAN: Good MRS. EiLEEN CONNORS: i750 . MEMBER TORTORA: 1750. MR.S. EILEEN CONNORS: There about. CIiAiRMAN: OK, ~hank you again. MR. CHRIS CONNORS: Thank you Pa~e I~ - Verbatim Transcripts Rose, ilar Mee~in~ of ~%[arch 8, 1996 Souti~oM Town Board of Appeals CHAIRMAN: Is there anybody else that would like to speak in favor of this. Any members of the family~ no, ok. Anybody Kke to speak a~alnst the application. OH, I ~ess that's it. We thank you for coming in. We will address it this eveoin~ hopefuily~ and your welcome to s~ay around and listen to the battle. So on that note t will make a motion ctosin~ the hearing, and reservin~ decision until later. Ail in favor. 8:i2 p-m. App!. No. 4364 - BRUNO A. KAWECKi. This is an application for a variance based upon a disapproval issued under Article Il!A: Section 100-30A.4 (100-33) by the Bui!din~ Inspector dated 2/14/96 for a buildinE permit to co2struct one-story accessory ~ara~e ~n a side yard az premises known as g05 Knoilwood Lane, Matt/tuck, NY~ County Ta:< ~ap Parcel No. i000-i07-,S-$. (Location in a rear yard with a 15-ft. sethack is required. Jason Leonard, of Bohn Con~ractin~ as a~ent. C~A±RMAi~. I have a copy of a survey dated May tS. !989 indicating tl~/s one story frame house; and penned in on the side of this home is a 19 by 25 foo~ Eara~e, which is the nature of this application. I have a copy of a Suffolk County Tax Map lndicatin~ this and surroundin~ properties in the area. Who would like to be heard? How are you tor~[~ht Sir. MR. JASON LEONARD: Al! right CHAIRMAN: Could you sta~e your name for {he record. MR. JASON LEONARD: ~Iy name is Jason Leoarard. i am a con~ractor for Mr. Kawecki. CHAIRMAN: Is ~his buiidin~¢ a one story ~ara~e? MR. JASON LEONARD: Yes CHAIRMAN: What's the maximum height would you say? MR. JASON LEONARD: The maximum height should be approximately 15 fee t. CHAIRMAN: Great. What ~nd of utilities are you piannin~ ~o put in ~he ~arag'e, other than electricity? MR. JASON LEONARD: No~ifing, just electric. ,~HA[RMA.W. O[(. is ~here a particular reason why you chose ~his or he d~_ose this loca[ioa. MR. JASON LEONARD: Basically because he does not have the room in the back yard without ~e~tin~ involved in more work, as far as the foundation. CtiAIRMAN: OK. We'll start I think with Mr. V'i!ia tl~s time, Mr. Villa. I'IEMBgR VILLA: No, [ have no problems with CLTAIRMAN: Mr. Dinizio Page i5 - Verbatim Transcri~)~s_ Regular Meeting of March 6, 1996 Southo[d Town Board of Appeals MEMBER DINiZIO: No, me either. CHAIRMAN: Mrs. Tor~ora MEMBER TORTORA: No CHAIRMAN: No. this is unbelievable. MEMBER TOi~TORA: It's very easy tonight, I'm sorry. CHAIRMAN: ! thh~k you've got a shoe in on this one. Let's see what happens. Mr. Doyen: You said no. MEMBER DOYEN: No CHAIRMAN: Any words. You don't want ~o ask this gentleman any questions. MEMBER DOYEN: it happens. CHAIRMAN: OK, while your, -- what. MEMBER DINIZIO: I'll make a motion. CHAIRMAN: Wait a m~nute. I have zo go through the hearing first, all right. Tryn~g zo cut the chase or what. is there anybody else tha~ would like to s~eak in favor other ~han t!zis gentlemen? Anybody against? OK Mr. Dinizio MEMBER DINtZIO: I'!] make a motion g~anted as applied. CHAIRMAN: Containing the only utility is electricity. MEMBER DINIZIO: The only utility is electricity, right. CHAIRMAN: I~li seconded it. Ail in favor. 8:17 p.m. Appl. No. 4365 - JOSEPH A. POTTGEN. This is an application for a variance based upon a disapproval issued under Article XX!tl, Section !00-239.4B by the Building Inspector dated 2/8/96 for a building permit to construct a rear deck addition within 75 feet of exis~ng bulkhead. Location of Property 550 Blue Marlin Drive, Southoid; County Tax Map Parcel ~'o. 1000-57-!-27. 50 or ~2 is requested. CIIAIRMAN: [ have a sketch of a survey indicating a one story frame dwelling. The nature of tiffs application is deck in the rear yard, approximately 52 feet from the bulkhead. ! have a copy of the Suffolk County Tar~ Map indicating t!~s and surrounding properties in the area. Who would Hke to be heard? How are you tonigh~ Sir? OK, your on. MR. JOSEPH POTTGEN: First i'd !Lke to amend the application ~o read 51 feet, instead of, i think it reads 52 or 3. Page 16 - Verbatim Transcripts Regular Meeting of March 6, 1996 $outho[d Town Board of Appeals CHAIRMAN: 52. SECRETARY LINDA KOWALSKI: 52 MR. JOSEPH POTTGEN : 52. i needed two more feet. The reason Nd like to amend it, I guess from 52 to 50 because it's the one figtlre that d.idn't [lave when i submitted everything for the Bui!din~ Department, and since i submitted a scale drawing., the lady- just took out the ruler and measured so I use ti:ds: and didn't have to ~o back and came up with that number, 52 feet. in actuality, when i went out to measure it, it came out to just a couple of inches over 50 feet. There are other decks that have been constructed in the area that range from 49 feer~ to 53 feet. Nm trying right irt the middle of that: either 50 or 51 feet. i know what you told me the odrer day- Mr. Doyen: and I pleaded my case with you. I hope youq! hear me o~tt before you make a decision. I just moved to SouthoM in Au~ast i4, and we like the Town. tvs a _nice area. I believe in supporZin$ my Town in fact~. I had aiot of work done to my- house. The plumber I hired was a Southold piumber: so I'm supportin~ :he Town. The I -~' ; , I hired is a Southold electrician, ( ) because i want to support my Town. I !~ad a new- heatiny system put in a~aLn, by a Souzhold contractor. i had air conditiorzfng put in by a Southotd contractor, i had contractors do extensive iandscapin~ in the Spring by a Southoid contractor. believe in supporting my Town, and i hope when you review the file here. i think i've included everyt.hiny that needs ~o be. That you'!! consider and suppor~ me in my reo£~est to amend the ( ). i know it doesnk sound like aiot. Nm not sure why Mr. Villa deemed it~ kind of really significant. But you know~ it doesnk interfere with any of my neighbors as far as their view. It doesnk hinder any water views on either side, and the fact that there are four other properties really close by, because it's not a very big street. That, to have that street from the bulkhead or the height water line, a new range from --. i think ! have it in there. One is 48 feet, another one is 49. One is 5i; there's another one 55., and i feel like i'm kind of fallJny right in the middle of that. if you ~,would =o-rant me this variance I'd be able to proceed with the original plans i had for the deck. CHAIRMAN: Now~ I know y~ou. Some of us have talked to you. Is this an opezr deck? MR. JOSEPH POTTGEN: Yes CHAiRMA~: Not unroofed. MR. JOSEPH POTTGEN Oh~ i~ will never be roofed, i d~ink i included that h~ my application. CHAIRMAN: Ali ri%'h~. Weq! start with 5~r. Doyen~ any questions. MEMBER DOYEN: No CHAiRMA};: _}Irs. Tortora: I was very impressed or~ how !?or docnmen[ed ali 0£ your aeighbors variegates as it were. Pa~e 17 - Verbatim Transcripts Red. dar Meeting of March G, !996 Southold Towi~ Board of Appeals MR. JOSEPH POTTGEN: Oh, thank you. MEMBER TORTORA: WhM would this be a hardship for you, if it's not grant ed ? MR. JOSEPH POTTGEN: Well, i'm not sure how I feel because, it's just a first appearance i've ever made for any kind of variance with the Town, and t just want to be able to enjoy a way of Life that I expected to enjoy with ~o~uests and family. We have a large family, t don~t see how it would ef£ect any numbers of the neighbors in any adverse way, because our other decks that are of ~he same size, from 42 to 53 feet. I guess i could say gee, I don't need a deck at ail, and ! would survive and i would ~et and I would live. But I just would Like to maintain the same standard of livin~ that some of my other neighbors enjoy who have decks too withiu 48 feet. Did [..answer that riCht. MEMBER TORTORA: You did fine. CHAIRMAN: Are you still askin~ questions. MEMBER TORTORA: Just one more. One of the things that the board is asking for, is that we consider the minimum ~o ~ant the minimum variance, a~d in this case, where you are clearly ~oin~ toward ~he bulkhead. Would you be opposed if we came back ~o the deck a little bit? Instead of 50 feet, 46 fee~. Reduce the size of the deck. Could you still SECRETARY LINDA KOWALSKI: You mean 56. MEMBER TORTORA: Yes SECRETARY LINDA KOWALSK!: 42 MEMBER DINIZiO: It's 52 now. MEMBER TORTORA: Which would mean, to reduce the deck area. SECRETARY LtNDA KOWALSK!: So the setback would be gn~eater. 60 feet setback. Is that what you mean? MEMBER TORTORA: Um not saBdn~ a specific number, Um as?ring. You could still use the deck and enjoy it, if it were MR. JOSEPH POTTGEN: Welt, ! just wouldn't be able to use it to the extent i:hat i would have used it, if it were -- MEMBER TORTORA: It's a i,000 square foot deck as it's proposed, correct. Mit. -,rOSF~PH POTTGEN: i'm sorry . MEMBER TOi[TORA: A 1,000 squarte foot deck as proposed. MR. JOSEPtl- POTTGEN: it's probably a little bit under that. Pete !8 - Verbatim Transcripts Regular Meetiny of March 6~ ~aa Southold Town Board of Appeals P¢iEMBER TORTORA: Yes, that's what the Trustees had granted for a deck. I/IE~IBER TORTORA: My question was. If we came back on that w~hich increased the distance from the bulkhead. Instead of 1,000 foot deck~ we had an 850 foot deck. Would you still be able to enjoy it? ~IR. JOSEPH POTTGEN: Not to the extent that my neighbors are now enjoyin~ theirs~ who are only- 49~ 48, 51 and 53 feet from the bulkhead. ! can't stand here and say no. i won't be able to enjoy my deck. Ud be lyin~ to you. t~m not ~oin~ to try to pul! the woo! over your eyes,~ or try to yet cute with birds. Honest to God.~ 7 yuess if ! had a i0 ~oo~ = ~ deck out there, i'd probably find a way to enjoy that. You know what ! mean. MEMBER TORTORA: OK MR. JOSEPH POTTGEN: it's not a auestion of !ess enjoyment, iUs a question of, I guess. Being properly equipped to entertain as much as we do for a !erie family. We do have clot of friends that we invite aver, and [ ~uess that was my idea~ and ~t kind of fit right mia the plan that I aaa for the entire house~ SECRmTARY LiNDA i%OWALSKI, i just want to mention one thh%y. You said yoar neighbors have 49 feet, 51 and 52. That's by variance from the Board of Appeal~ correct. 5~R. JOSEPH POTTGEN: Right SECRETARY LtNDA KOWALSKi: Or is that from --. A couple of them are MR. JOSEPH POTTGEN: We!l~ I have --. SmuRm=AI~Y LiNDA KOWALSKI: I just want to clear that for the record. MEMBER. DINtZiO: Right MR. JOSEPH POT~GEN. T have one here on ~ ) .?acifico and Marieo Pa!ebre. They- have a wood deck and a pool. The pool itself is only' o2 feet from the buikhead, but the deck is only- ~9 ~ee= from the ~uh~neaa~ i measured that one myself. SECRETARY LINDA KOWALSK!: That was one ihat ~o~ a variance. That was 53 feet, right. MR. JOSEPH POT!GaN. There was another one. S~CR~TARY LiNDA KOWALSKi:: think ~t was Pacffico and ~nen Kelly was MR. -JOSEPH _OT_~,~N. KeUv._~ That was approved ~a~ '~ 03 ~. So we aa,,e one a~ 4.,. and one a~ 03. and ~m askin~ ~or 50 or 5~ Page 19 - Verbatim Transcripts Regular Meeting of March 6. Southo[d Town Board of Appeals SECRETARY LINDA KOWALSKI: And [ tilink Pae~ico got a side yard variance, but at the time the bulkhead taw was mot in effect or something there, so they didn't need a variance for the setback from the bulkhead. MR. JOSEPH POTTGEN: Pacffico, that whole bunch. They were really- involved. CHAIRMAN: Ok, we'll go on to M~. Dinizio. MEMBER DINIZIO: I'm just somewhat corn_fused here, about the measurements, it's not as applied for here that you're asking for mmght. But rather, I see 52 feet written here on this survey-. CHAIRMAN: He needs 50 feet 6 inches approxima~e!y. That's what he~s requesting.'. MEMBER DINIZIO: 50 feet. CHAIRMAN: He's asking us to modify- it to 50 feet. MEMBER DINIZIO: 6 inches. CHAItlMAN: Around 50 feet. MEMBER DINIZIO: Right. Now you know, I think I'm probably thinkin~ along the same lines as Bob. You know, I'm looking at tl~is deck and it's twenty two feet. In ail honestly Sir, my house is tha~ size. [ just wanted to -~. You have these two je~s sticking out. What the distance is of that, and if you could just maybe square that off, would that be a problem? mean, t~ don't know if there three feet, two feet, whether they stick out. can't from any~hin~ here, envision what that could be, that it eouldn~t be straightened out. MR. JOSEPH POTTGEN: Tiz[s is my wife -3aequallne. MRS. JACQUALINE POTTGEN: I've gone up and down the walk ( ) and we have checked it out, all the houses and the decks. The deck that we're proposing is to enhance our property as well as the neighborhood, and wha~ your probabi~- looking a~ and i think wha~ you're talking about is. We're going to octagon one area of the deck. Is tha~ ~-. MEMBER D[N[ZIO: There are two pieces that stick ou~. MRS JACQUALINE POTTGEN: There's two octagons. MR. JOSEPH POTTGEN: It's a visually- appealing way --. MRS JACQCALINE POTTGEN: Ra~her than just make it straighC Jus~ make the ~wo octagons on either end, [ think is just going ro enha!~ce the whole ~'[EMBER D[NfZiO: What about doin~ that [wo feet or tilree fee~ earlier than P~ge 20 - Y-erbar. in Transcripts R. egu!ar Meeting of March 6~ 1996 Sou~ho[d Town Board of Appeals ~,~tS, JACQUALINE POTTGEN: Yes, it's a personal ~hin~. Do I tike a deck with two octagon~s rather than just a straight deck. MEMBER DiNiZtO: But what i'm saying is how about cutting three fee.t off of that, or two feet 6 inches. MR. JOSEPH POTTGEN: If I would hold them between the %9 and the 52 feet~ and kind of hold right between there, why wou!dn~t that be granted if i just kind of avera~ing in the m~ddle of four or five houses that are there. Ti~a~ are really 48 to 53 feet. That's, i tmnow what I~m asking for. It's not going to --. i can't think of a single reason, hearing the negative fasbHon, why it would do anything to the neighborhood, to the neighbors, to the property because of that extra ( ) on there. MEMBER DINiZiO: Other than the fact tha~, you know we have setback laws and you know, you're as!ming to vary it. We try to look for the minimal. I'm personally trying zo look for sometbJn~ to hold on to. You really haven't stated that you would be unhappy if we did restrict it to anything. MR. JOSEPH POTTGEN: The reason i'm still standing up here trying to pica my case if because~ I'd be really disappointed. In fact, i said can't see at the bottom. Mr. Villa, last night i said to my wife. What good reason could there be. I'm not disturbin~ anybody~ anybody's property. There is no visual objections. ! can't understand why --. MEMBER VILLA: Weil, !e~ me jump in here. The reason why MR. JOSEPH POTTGEN: Everybody on the street already has a deck just about, i think there must be one that doesn't. MEMBER TORTORA: Yes~ -if we used that argument, then ail of Southo!d would have a --. MR. JOSEPH POTTGEN: Oh no; no, MEMBER TORTORA: Setback back from the bluff, and there are instances when or bulkheads, and there are clearly instances when there are not other alternatives. MR. JOSEPH POTTGEN: Yes MEMBER TORTORA: And there are clearly instances whe,~: that is merited. There are other instances when ifs not. ?~hat we're ail saying and ! think we're ail saying the same thing. If you wan~ io come out 22 feer~, cut that back. You don't have to come out 22 feet. You don't have zo have a 1:000 square foot deck. We want to preserve the integrity of that line and of the law. Also, under the law we are required to ~rent ~he minimum variance ~ecessar),. That's a New York State Law. MEMBE[{ D[N[ZiO: i for one think we're destine i~ a very mh~ute thil~. agree witi: yon. But I do again, if we have to ar~e ibis thing. You kuow. i wonid like to have some :?.ldicating as ~o ~he reason why you feel Page 2i - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals compelled to have a 22 foot deck~ as opposed to a 20 foot deck. You know, there is some particular reason why that extra two feet. You must have that extra two feet. You know, I personally would feel I'd like to know that reason so I could state that reason if I was so inclined to grant it. tf you can't come forward with that, I don't know that, looking at 1,000. Loo~king a~ t~000 foot deck would do that. ~IR. JOSEPH POTTGEN: I would enjoy my property and the deck the way I could have. It would choke me but I would learn to live with it I guess. But it woald trouble me tha~ I'm asking for 51, and there are other properties that have been approved at 48 or 49. MEMBER VILLA: Let me address that. We'll address tha~ on the basis that I don't know when those took place. The only one that was granted since I've been'sitting on the beard in that area is 52 feet, and that's what I said to you. I~d like to stick with 52 feet, because if we go to 50; then tile next one comes in wants 48, and the ne.ct one comes in wants 45 and they keep. Where do you stop? I said, we've had situations where people have a t0 foot deck and you ask then to cut back four feet. They say we csn't, because we only have six foot of deck. We can't enjoy it. You're still going to have 19 feet of deck. You're asking for a 50% relief from ~he code. The code says, 75 feet. You're asking for 50. That's no[ a minor variance. That's 50% of the code. MR. JOSEPH POTTGEN: Weti~ but Pacifico go~ 49 feet out on it. How did ). ~EMBER VILLA: Those are years back. Things change. MR, JOSEPH POTTGEN: I exist in the neighborhood now. What exists in the neighborhood now are decks that are 48 or 53 feet. ~IEMBER VILLA: The last one we ~-£anted was 53, and I normally would sit up here and be argo%lng for the 75. I said, I would stay with 53 because that was what we ~ranted. Personally, i not about to vary off 53 feet. We've got to drawer the line someplace. Yes, if you had a t0 foo~ deck that's one thing. You have a 22 foot deck yoWre requesting. CHAIRMAN: Could [ jus[ say something Bob? The issue of the wha~ we refer to as a one sided octagon is 4 feet 6 inches in actual depth, ok. MK. JOSEPH POTTGEN: It ;vas supposed to be four. CHAIRMAN: OK, if it's four. I mean, ! thir~k ~hey're talking to reduce ~hat to two. i think that's wha~ they're saying~ ok or there about. MEMBER VILLA: It~s two feet from the ( ) path so I don't care what shape it is. SECRETARY LiNDA KOWALSKI: Yes CHAIRMAN: You know, that's basically what we're talking about. I mean, P{~ge 22 - Verbatim Transcripts Regular Meeting of March 8, 1998 Soutbotd Town Board of Appeals MR. JOSEPH POTTGEN: I recluested 5~9 feet so you wouldn't approve it, 50 or 51. Would you consider a 52 on my request on my origffnai application. CHAIRMAN: Well, we're going to recess it, a~md we'll kick it around and probabt!?. I hate to use that phrase but we will. SECRETARY LINDA KOWALSKI: You mean, research it. CHAIRMAN: We will deliver upon it in the nexz hour or two. So, there is just one more hearing and we have on!y- one extensive decision to make, and ti~en it's been here since December 6 th. SECRETARY LINDA KOWALSKi: You don~t mean recess Jerry, do you. CHAIRMAN,:. No, I said close the hearing and recess. SECR. ETARY LINDA KOWALSKI: Close the hearing~ you said recess but ok~ you meant close the hearing and we'll continue later, ok. MR. JOSEPH POTTGEN: OK. CHAIRMAN: OK Thank you. Is there anyone else that would like to speak in favor? Anybody that would like to speak against? OK. You're very welcome to stay, we'll be here. Hearing no fur!her comment ! make a motion closing the hearing and reserving dacision until later. Ali in favor. 8:~5 p.m. Appi. No. 4368 - Theresa Ki!duff. This is an application for a Waiver under Section 100-26 of the Zoning Code, based upon a disapproval issued under Section t00-$0A.2 and 100-SIA (i) dated 2/15/96 for a building permit to construcz a single-family dwelling on the ~ounds that this is one lot (and only- one dwelling is permitted per lo~). Property- referred to as Lot G on the ~'Map of Lots of Raymond T. Graham:' shown on survey dated March 27~ 1957.. and contairJng ~0~000 sq. ft. in area is shown to be in common ownersifip with Lot B, also containing 20~000. square feet. Also ~e_e.~ee to as part of Lot Nos. 56-59 on the "}~Iao of Nassau Farms, County Eiie #1!79. County Tax Map Parcel ID No. i000-104-2-3 (shown for ~0+ years o~,~ separate assessment property cards as 98-1-11 and 104-2-2. CHAIRMAN: I have a survey produced by Roderick Van Tuyl pc dated December ill, i978 indicating the house parcel of property~ and then I have ~ cupy of the Map of Raymond T. Graham indicating file lots B at~d G wtfich appears to be the lots tha~ we are referring to here. I have a copy of the S~ffolk Count]~ Tax Map indicazing this and surrounding properties 'in the area. Does somebod]r like to be heard? How are you to~Hght Madam. MITS. THERESA KILDUFF: ?m Thesesa Kilduff. (i'~tAii~MAN: ltow are you. \'~RS. THERESA KILDUFF: ?m fine thank~ you. How can [ help. i think vou~ have ail the papers that_ ~vou need. This goes back to Page 23 -Verbatfm Transcripts Regular Meeting of March 8, 1996 Southo[d Town Board of Appeals Graham designated four acres from East to West. In '56 he changed them with tile approval of the Town~ I ~aess to eight half acres. CHAIRMAN: Yes MRS. THERESA KtLDUFF: You have Van Tuyl survey at 57. In '76 built the house. '77 I moved in and I've been receiving tax bills which I have somewhere, here they are, for two pieces of property, which assumed, all this t~me were two pieces. This past November when I heard about the Resolutim~ mer~ conti~ous lots. I came up to find out what I would have to do. Everybody has died off b~ me, and one Son in California. How do I desi~ate these two lots, and i found out that they're not two but they are one in ~iverhead in Pat's office, because when Graham re~stered (all be it) he had filed the 1957 survey with the Town showin~ eight~ half acres. He re~stered mine as being 400 feet ~stead of by 2 and~ i by 2 w~ch shows on tl~s~ and i~d just ~ke to get this straJghtene~ ot~t. My application for buildin~ a one fa~ly house was so could ~et to speak to you, because I had to have a disapprov~ to get here. Nm ~ot b~i~in~ a house. I have no inc~nation to build, but wouid Hke to have the property filed that ~ I wanted to selI it~ I could use the money to pay the taxes on the house that Fm presently livin~ in or maybe someone down the ~ne, Grandc~ld would want to h~d a house. That's -- t have no plans, bu~ I would just [ike to get this st~ghtened out. Having tax bills on tax bills ~th no indication that there was any mer~er done. i also had Mr. Lessard. Somethin~ must have happened in about '88, and I came up to the Buiidin~ Department and said, how does it concern me, and I was Wen what they call a Certificate of Occupancy for vacant land~ sayin~ it was buildable~ Also~ i have somethin~ here signed by C. Walls and [(irk Horton sta~n~ the unapproved situated on a certain map~ Nassau Farms and so forth, and it desi~ates ~he B and the G. that's ail I have to say. ThaUs wha~ I assumed it was, t t~nk. CHA!R~AN: How much are the taxes on the vacant lot Mrs. t~duff. MRS. THERESA KILDUFF: Four, oh taxes. Nil have to look it SECRETARY L[NDA [(OWALSKI: ON the vacant lot that you were payin~ ~or, for 30 years. [ t~nk he means. CHAIRMAN: Yes MRS. TNERESA KILDUFF: The vacant lot is 255. Assessed valuation is 400. CHAIRMAN: Ok, thank you MRS. TIIERESA KILDUFF: Because on my house it's a different story. TNnt's a bi~ one. CHAIRMAN: Right MRS- TI{ERESA KiLDUFF: A bi{ tax bill because we have tile school taxes~ C[{A ~!%MAN: Page 24 - Verbatim Transcripts .Regular Meeting of March 6, 1996 Sou[hold Town Board of Appeals MRS. THERESA KILDUFF: Because there's a house on it. CHAIRMAN: Sure. We thank you very much and wetl! see what goes --. MRS. THERESA KiLDUFF: I think Bob. Do you have somet~his_g to say? MR. BOB SCOTT: OK CHAIRMAN: Mr. Scott, how are you tonight. MR. BOB SCOTT: Good CHAIRMAN: So ~ce to see you. MR. SCOT~ RUSSELL: Thank you. I t~nk both myself and Scott Russell, are both --. MRS. THERESA KILDUFF: Thank you. MR. BOB SCOTT: Came to talk in favor of Mrs. KHduff because there has been an exZraordinary circumstance here. She's as~ng about having two tax bills assu~ng that there are ~wo !ots, and when~ because of the contig~ous tot conffguration~ you know whether it's i00 by 400, whatever. On the Tax Maps for the last 30 years, it's shown, she came up or someone from her fam~y came up and asked if they were single and separate, and ~hey would ask ~he Assessor's. The Assessor's by ioo~g at the Tax Yiap alone~ could see that the~~ were on two sin~te and separate lots, and they were ~o~ attached, and so it was exZraor~nary that it was misrepresented by Real Property Services when they first mapped them, and the estate was carried --. CHAiRmaN: What lot were you ioo~n~ at. A differenz iener. SECRETARY LINDA KOWALSKI: Different numbers. MR. BOB SCOTT: As you could see in the application here today. You got i04-2-2. CHAIRMAN: Right, MR. BOB SCOTT: And 98-!-~2. CHAiRMAN: Ri~h~ }TN,. ~OB SCOTT: Tilere are ~wo differen~ maps~ separa[ed by ~wo differen~ [o~.s. CHAii~MAN: MEMBER VILLA: ~aa~ s what she was oaring MR. BOB SCOTT: She was paying taxes on wha~ she was supposed to be paying taxes on, autd luckily zhe people. The one lined where the house Page 25 - Verbatim TranscriPts Regn!ar Meetiiig of March 6, 1996 Southold Town Board of Appeals was, slle didn't own that lot, and the house was on the lot that she does own, ail right. So, -- CHAIRMAN: Fortunately, that was on the lot. MR. BOB SCOTT: So, when she came to ask us about whether or not she had two lets, we saw by Deed she had one lot, 100 by 400. CHAIRMAN: Right MEMBER VILLA: Right MR. BOB SCOTT: Ail right, however because of Mr. Graham origdnally goillg East,-to West and then North and South, and chan~ng around, and everything '~[se, and somebody got it co,used in ;he past. It appeared on the Tax Map tha~ she had it ~ two different location, and that they weren't single and separate, and if we were asked ~ they were conti~ous, ~d sherle and separate, we would have answe~d to her from the Assessor's office, tha~ they were single and separate. MEMBER. TORTORA: You say on the Tax Map. MEMBER VILLA: Because they weren't conti~ous for what she was paying SECRETARY LiNDA KOWALSKt: That's right. MEMBER VILLA: She wasn't pay~g for the l~d tha~ she owned. MR. BOB SCOTT: Yes, but she's on t~s property since 1958. MEMBER VILLA: Yes MR. BOB SCOTT: OK SECRETARY LINDA KOWALSKI: So she believed she was, MR. BOB SCOTT: And she has asked in the past whether or no~ they were conti~ous, and single and separa~e~ and she was ~oid in the pas~ by our office, that by previous Assessors, tha~ they ~. ere single and sepa~e, becaase looldn~ al the Ta~ Map you saw two different ones. MEMBER ViLL~i: mook~ng' a~ the prooerzy card or ~he Tax mao because [ have the %ax Map ~oin~ back to 30 years. MR. BOB SCOTT: OK SECRETARY ~NDA KOWALSKi: We have two separate mx cards in your ~,IE~BEI~. -70[tTOFtA: ThaUs the property card ta~. Page 26 - Verbatim Transcrfpts Regular Meeting of March 6., 1996 So~thold Town Board of Appeals MEMBER TORTORA: That is not the Suffolk County Real Property Tax Map. There is a difference. SECRETARY LINDA KOWALSKt: I know but iUs assessed by the same number. MR. BOB SCOTT: T!~Hs is the Suffolk County Tax Map. MEMBER TORTORA: Right MR. BOB SCOTT: Ail right. This is the 100 by 400 lot that she owned. CHAIRMAN: Right. MR. BOB SCOTT: Ali right. Th/s is what we portrayed on our property tax right,' ~o be a vacant lot. MEMBER TORTORA: And that's Ln her Deed. That's the only --. CHAIRMAN: But there is ha~ a house on that. Mr. BOB SCOTT: There:s a house on half of that, but that's not where the houses that we had assessed. We had her owning this piece of property over here~ bill MEMBER TORTORA: She knew- she didn't ow~a that piece of property. MR. BOB SCOTT: She didn't ask that question. CHAIRMAN: Who wouid know that by Tax ~ap number? She doesn't have a Ta:-: Map in front 0_6 her. MR. BOB SCOTT: She came [ilto our office on several occasions~ including to me, and asked me E she had --. The question she asked was. i_ have two tax bills. Are they conti~.tous? Are they single and separate, and by looking at the Tax Map, we would tell her they were not contiguous, al! right. So there were continuing errors is what I'm saying, and Nm sayin~ s/me didn't have the opportunity ~o remedy a situation tha~ she could have had in 1958 or thereafter~ and she could have been able to have two lots. SECRETARY LiNDA BiOWALSKI: Yes MR. BOB SCOTT: So ~ we're talking about a hardsi~Hp i think -- SECRETARY LiNDA KOWALSKi: Listen to Bob CHAIRMAN: Nm Hstenin~. SECRETARY LINDA KOWAKSKi: What he's sayin~ is very [Flle. MEMBEIt VILLA: The assessment that she was payin{ fo~ the house land, was for i00 by 400 foot lot. Page 27 - Verbatim Transcrfpts Re~o~zlar Meetin~ o[ March 6, 1996 $outheld Town Board el Appeals MR. BOB SCOTT: And she was paying for another lot. SECRETARY LINDA KOWALSKi: Which she thought was hers. MR- BOB SCOTT: Which she thought was hers. MEMIER VILLA: Ot(, but she was pa~dng on 100 bM 400 as one lot. MR. BOB SCOTT: Right, as described by Deed, which I think Scott has MR. SCOTT RUSSELL: Just ~o clarify the roll. I'm here toniChl. You're secretary asked me ~o be jus~ ¢o clarify the fac~s. You know, t don't want to be in a position of advocating either way.. t can~ speak for Assessor's [hat were [in office long before we ~o~ here. I don't know what the discussions were. I will tell you ~hat, what happened was she was ~wo tax bills for two parcels 100 by 200, 100 by 200. She took title ~o a i00 by 400 piece in 1958. Somewhere ~ong the line, in around '5S that happelled no be, [or some reason that one Deed was portioned offf zo two parcels. The tota~ net ~ax that she paid, was equivalent ~o what she took by- Deed in '5~ which is 40,000 foot of land. But flor some reason, 20,000 square foot of that lsa~d, and another 20,000 were being paid ~o, two separate tax bills. MEMBER VILLA: Well, who was paym~ the ~axes on the fi000 foot behind CHAIRMAN: It was never taxed. MR. BOB SCOTT: Nobody was paying taxes MEMBER VILLA: That would have been picked un by the CountM. CHAIRMAN: No~ it wouldn't have. ,.7IEMBER VILLA: Why no~. CHAIRMAN: Because there was oalv one Tax Map number. MR. BOB SCOTT: That's right. But wha~ happened was, they weren't payfl~g for [i~e other ~wo, 20.000 square fee~. But somebody was paying the taxes o~t the house that we had assessed. Where she had her house, someone else was paying. We had doubled up on that particular lot, so :hat !t was all equal amount of assessment, there something --. SECRETARY LINDA KOWALSKI: !~ balanced out, right. %'IR. BOB SCO~T: ft balanced out. MEMBER VILLA: Somebodlz else was paying for her, and she was paying for P~ge 28 - Ve~-batim Transcripts Re~ular Meethtg o[ March 6, 1996 Soatheid Town Board 0£ Appeals MR. BOB SCOTT: Someone else was paying the assessment on the land,. where we said he? hoLtse was~. and her house wasn't. ME~iBER TORTORA: Re~ardless of your error. When you look at the property tax, you can tell that ~he lots are not cond~ous on the numbers She~ on the other hand l~nows that the property conta~ous~ because it's in the back yard off her property. MR. BOB SCOTT: But the tl~Jn~ is CHAIRMAN: But she never asked that question though. MR. BOB SCOTT: Her question was. i have two ions. I have two tax bills. Are they single or separate? SECRETARY LINDA I(OWAKSKi: And she's sap~. I'm told these are my lo~s, and that I own them. She's told that. MR. BOB SCOTT: But that wasn't the question: and the thing is. That the answer she~s been receivin~ from me especially this time. My staff says~ cn.n~t talk about o[her assessor's in the past. But by takin~ a look at the property record cards: and by ta~n~ a look at the Suffolk County Tax Maps, which are an two d~ferent maps, distinctly separate. I told her initially, that she didn't have one lot. She had two sin~ie and separate [ots~ and she didn't have to worry about it. We found out ~terwards, when we took a look a~ the Deed, that she had one Io~, and there had been a huge error someplace along the line -- CIIAIRMAN: That's right [~R. BOB SCOTT: W1Hch wasn't her SECRETARY LiNDA KOWALSKI: She had a ~-acant !and CO for the vacant lot also, from the Buildin~ Deparzment. CHAIRMAN: That was done by the( SECRETARY LINDA KOWALSKi: WbHch was valid at the time. MEMBER VILLA: i'm still col~used. She had a lot which was four lots awny, that wasnk hers, but she was payin~ taxes on CHAIRMAN: That's right. MR. BOB SCOTT: It was being assessed to her, with the house on it~ and she didu't own that MEMB~i[ VILLA: So someone had a free ride on that ~or 20 years. MR. BOB SCOTT: No. t~o: no. Someoae else is paying for tha~ lot as weii, I~t ft ~ust so happened that there was a side yard there~ and they wese [)ayin~ that assessment and she was pa}dn~ --. .sage 2.0 - Verbatim Transcripts Regular :Meeting of March 6. !996 Soutbold Town Board of Appeals CHAIRMAN: That's what you call a double assessment MR. BOB SCOTT: Half and half in two different places. So, it balanced out. MEMBER VILLA: So: she --. One lot 400 feet away was being paid for twice. MR- BOB SCOTT: That's right. MEMBER VILLA: But the 200 foot lot behind her, wasn't being paid for at ali. MR. BOB SCOTT: That could be the assumption that was being made. MEMBER VILLA: So how come i: wasn't being picked up for tax arrears? Mit. BOB SCOTT: Because tbJs is something that ]ust slipped through the cracks: Bob. EHAIRMAN: Bob. because-- MEMBER VILLA: Doesn't that have a Tax Map number, if it has a Tax Map number, it should have been picked up for arrears. If it doesn't have a Tax ¥1sp number it means, it's t00 by 400 foot lot. CIIAIRMAN: Let me just expisan something here. Lot number three where her house is; she was not bein~ taxed for the backyard, which is the nature of this application today, ok. However, MEMBER VILLA:: Well, wait a minute. CttAIRMAN: Two people were paying for the taxes on the lot 400 feet clown, which they thought proportionally that she owned. MEMBER VILLA: t follow that. But if the lot behind her was not being paid for, and ;f it was indeed a single and separate io~. It wbuld have been picked up for tax arrears. CHAIRMAN: No way. MEMBER TORTORA: It doesn't appear as a single and separate lot. CIIAIRMAN: It was oue piece, like tiffs. MEMBER VILLA: Well all right. That's what doesn't have at Tax Map number, it's 100 by 400 foot lot. (ZHAiR. MAN: That's right. It had one tar~ number; covering tile entire piece of property. ~tEMBEi~ VILLA: All right. That's what i'm saying to you. Pa~e 30 - Verbatim Transcripts Regular Meetin~ of March 6, t996 SouLhold Town Board of Appeals MEMBER DINIZiO: Can I ask some questions? MRS. TItERESA KiLDUFF: i ge back several assessor's. Recently- I spoke to Charlie Watts and i asked him, should i follow this up, and ~et this straightened out. He said, ~? Terry, you own two lots. Go up and explain it." This other business of the application of my tax bills bein~ applied somewhere else, has no~hin~ to do with my two separate parcels that I want to keep separa[e. MEMBER VILLA: Well, wait a minute. It does have somethin~ to do with it because the way i see it in the Tax Map, you have a 100 by 400 foot lot, and it's ~ot one number. MR. BOB SCOTT: OK, can I also say tha~ MRS. THERESA KILDUFF: That was MR. BOB SCOTT: There is a further complication because she. Her 100 by 400 foot lot borders on two different, streets. CHAIRMAN: That's correct MR. BOB SCOTT: Ail right. So it eou!d have been assumed by her, that she had two lots that were back to back, with both with street frontage. So that she never thought about askinv any further questions since 1958. Nm just trying. I know it's ore, fusing. It took me a lon~ time to fi~o-ure this one out too. MEMBER DINIZIO: i just want to ask some questions. MEMBER VILLA: I had been cmzfused but the way it's been clarified to me now. The one lo~ is 100 by 400 and is bein~ paid for as one parcel. CHAIRMAN: Jim, wants to ask a question ~_rso Kilduff. MEMBER DINIZIO: May I just ask you some questions 5qa~am Would you mind? MRS. TIIERESA KiLDUFF: Yes MEMBER DiNiZiO: Ail ~he ~ax stuff aside, ok. MRS. THERESA [(iLDUFE: Yes MEMBER DtN!ZiO: What appears ~o me is. You've ~one ~o the Town a number of times with two separate Tax bills. MRS. THERESA KILDUFF: Yes MEMBER. D[AiZiO: OK. and your assump~ioa is that these two lots were MRS. TNEi~ESA KiLDUFF: Yes Pa~ga~ 3[ - Verbatim Transc~'ipts Reg~ular Meeting of March 6, !996 Soothold Towt~ Board ~f Appeals MEMBER D[NIZIO: Have you ever improved. Have you ever puc any cesspools, built a pool or fence on that proper?- in the rear. MRS. THERESA KILDUFF: No MEMBER DINIZIO: Is there a house next zo that property in the rear? MRS. THERESA KILDUFF: Yes MEMBER DINIZIO: Is there a house next to your house. MRS. THERESA KILDUFF: Yes MEMBER DINIZIO: Didn't you always just assume, by the surroundings, by looking at ~he map. that you had ;wo lots. is that correct. MRS. THERESA KILDUFF: And so did everybody else because ~here were eight half acres. MEMBER DINIZ!O: OK MRS. THERESA KiLDUFF: And we all know each ~ther, and mv Tax bills s~ated clearly- [hat it was for the proper~y on Bit%ersweet, and the other one Bittersweet South w~th the neighbors names. Midwinter. Thompson, Bernstein and Wheaton. That's the way we used to ~et Tax bills. They would s~a~e the name of the adjacen~ proper~7~= owner's. Somewhere along the line. they changed. Now we have alot of numbers. I don't pay attention to the numbers. [ just pay taxes, and every year [ pay ~wo tax bills on two parcels which comes from tlzis map, which the Town approved for it to be deveiopes, and that's the eight squares in there. MEMBER DiNIZIO: One more question. You also have, I just want to get all these facts clear. MRS. THERESA KILDUFF: Yes MEMBER DINIZIO: You also have a vacant land CO for a lot, a vacant lot. MRS. THERESA K!LDUFF: Yes, on Bittersweet lane, yes. MEMBER DINIZiO: OI(. That's all i have. The rest of it --. MRS. THERESA KiLDUFF: That's dated. ! also have a surve~r of my lot when [huiit m~- ikouse on Pine Tree Road, and that shows i00 by 200 foot survey on ~he present lot I live on. It does not show the one in the back. So lhey were considered separate when the Building Department gave the buiIder permission to build a home on it in "76. C~L,\iRMAN: RiGIIT MRS. TIiERESA ViLDUFF: So it starts in '35 and it ends in '96. I'll be 80 [n .\t~g~sr. i'm not ~'ofng to have 9 years for a decision so whatever you ~;:z- ?il bo. vo~5,- Imp?/ =o ~o along with. it doess_'t matter, i just want it Page 32 - Verbatim Transcripts Regular Meeting of March 6, !996 Soutbold Towa Board of Appeals straightened out for my heirs. ! don't want grandci:d!dre,.~ to have zo come up, asking for something, tf you think it's righ~ you'll do it. if you don't, you'll tel! me what to do. I know ! have alot of work to do if it's deemed two parcels, because under this new Resolution~ I~li have to have ~wo deeds made up with different names. I only have one Son. CHAIRMAN: If it's ~anted what you have to do is ~enerate a second Tax Map number through Real Tax Map Service~ wbHch is exactly what your saying. You have to have a deed created, that they ~,~dil generate another number. MRS- THERESA KILDUFF: A 2umber. MEMBER TORTORA: i have one question. MRS. THERESA K!LDUFF: Yes MEMBER TORTORA: [ went around, on Bittersweet. MRS. THERESA KILDUFF: Oh did you. Did you get through? MEMBER TORTORA: I tried to get to the loL f eouldn't get to the lot. The map shows Bittersweet going into Horton Road. MEMBER VILLA: Yes, forget MRS. THERESA KiLDUFF: But the other way~ you can go in from Pine Tree. MEMBER TORTORA: I tried to ~o in from Pine Tress, down Horzon and hit the brushes, and couldn't ~o any fnrther. MRS. THERESA KILDUFF: That's ri{hr. You sot as far as Midwinters house. MEMBER TORTORA: About that far. MRS. THERESA KiLDUFF: Yes MEMBER TORTORA: And tha~ was it. Mp- question is, did you post the pr~[)erty ou B~[t, ersweet. ~H~ESA KiLDUFF: No, ~ posted it on ~ne because nobody could ~e~: in t:he~-e ~o see ~t posted. SECILETA~Y LiNDA KOWALSK[: She asked me abo~t that, and f said post: it on the side that her house was, because nobody was able to ~e[ ~]coess down the o[he~ s[reet. M~.S. THE!{ESA HfLDUFF: The way you couidn't ~et in, uobody goes :utd ~.he ~[her peoule are only r~, -~ ~ ~ ,~er~ ~or Summer. But they were notified ov ma[i, ~tnd [ spoke to Jane 9~cDo~laid on the corner house the other day. Page 33 - Verbatim Transerlp~s Re~o~tlar Meeting of March G, 1996 Southold Town Board of AppeaIs SECRETARY LtNDA KOWALSKI: So she meets the req~tirements; I'IEMBER TORTORA: So the property in question was not posted. SECRETARY LINDA KOWALSKI: Well it is, because it's ail merged as one lot. MEMBER TORTORA: Technicaiiy SECRETARY LINDA KOWALSK!: Technically. MEMBER TORTORA: I lust didn't want to ¢et into a confrontation -- SECRETARY LINDA KOWALSKI: She felt she map- meet the requirements. }IEMBmR TdRTORA: With the neighbors on the other side, because the lots are substantially lar~er opposite Bittersweet, than they are SECRETARY LINDA KOWALSKi: You gave notice to the neighbors across the street from Bittersweet, right MRS. THERESA K!LDUFF: Yes, yes. Ever~-body was notified. They ali assumed that I was crazy to even be bothered -~rith this, because what does iz matter anymore. But t think I should be doin~ it. That's the advise I yot ail alon~ the line. If it's two separate, keep them separate. That it would be beneficial to myself or whatever I leave, if there is an)-~i~ing left. Ail my dues or duties ok, whatever you say. CHAIRMAN: OK, thank you. Is there ans~body else that would like to speak in favor? Is there anybody that would like to speak a~ainst? Any further questions? We thank the chairperson, chairman, and ~he Member of the Assessor's office come in, and explain t~his to us. It was a pleasure to see you Gentlemen. t realize that it was a situation --. SECRETARY LINDA KOWALSKt: It was awkward. CHAIRMAN: It was a little difficult but ]~ou did a ~reat job. Thank you. MEMBER DiNIZiO: In ligh~ of the fact that the Assessor's did come in and explain and ~o for, ! g~ess, certainly, you know. t don't know how you would say it, continued bsr many many people in ~he Town, assumin~ t would tike to make a motion that we gran~ it as applied, in o£ !J~e fa~:t of the evidence ~hat she presented. MEMBER VILLA: Well, ! think we should have a discussion. MEMBER DI~'tZIO: Wet!, I'm offerin~ r. hat motion, certainly -- CHAIRMAN: i'll second tha~_ motion, and I~I1 call for a vote. SECRETARY LtNDA KOWALSIqi: Ser~e MEMBER DOYEN: three 3~ - Verbz~[irt~ Transcripts F.e~t!ar Meeting Of March 6, !996 Southo!d Town Board of Appeals SECRETARY LINDA KOWALSKI: Member Tortora MEMBER TORTORA: No CHAIRMAN: Yes MEMBER DINiZIO: Aye CHAIRMAN: Bob. MEMBE_~ VILLA: No. CHAIRMAN: Do you want to record SECRETAI~¥ LINDA KOWALSKI: The motion is three to two, and passed, ~ranted as' applied. Appi. 84356 - MARTIN and CHRISTINE KOSMYNKA. (Carryover from Jan. ~0~ 1!)96 and Feb. 7, 1996) This is a request based upon the December 6, 1~!)5 Notice of Disapproval issued by the Bnilding Inspector, in which applicant was denied a building permit to construct an accessory- garage building in the required front yard at less than 35 feet at 1985 Pine Tree Road, Cutcho~ue; Parcel #1000-98-1-11.2. This parcel consists of a size under 20,000 sq. fz., and the principal front yard setback is shown under A~ticle XXIV~ Section 100-244B. RESOLUTION adopted to postpone (as requested by applicant, without a new date until early Fall 1996 or [aterupon notice by applicant and re-advertisement). P,oge 35 - Verbatim Transcripts Regular Meeting o[' March 6, t996 Southold Town Board of Appeals DELIBERATIONS: LOUIS MOORE BACON (hearing held earlier tolzight). Robins Island. Commencement of discussion on reading of draft Conditions offered and prepared by Board Secretary (after her discussions with htdividuai Board Members at different times). SECRETARY L. KOWALSKI: Jerry-, do you want me to mention what I've done first, or do you want to explain where we sine? I don't mean to interrupt you. You go ahead. CHAIRMAN: No, you go ahead. I don't care, do it. SECRETAR. Y LINDA KOWALSKi: (For the record) I just want to mention' that [ gave all the Board Members eleven pages of a draft proposal for their consideratidlx tonight, and there are some findings of fact regarding the history of the property, and there are also, three or four pages of conditions that would cover areas that would be of concern for visual, buffering and for height limitations, occupancy of the accessory buildings, ~emporary quarters for staff and security personnel. And I want to men,ion, in that draft on two pages there are two small errors. On page 7 of the Board Menibers' copies, go down to letter D where it says~, to the greatest extei~t practicable, possible. The word "possible, should be "p fac ticable." MEMBER VILLA: On what page is this? SECRETARY: Page ?, paragraph "d". CHAIR~%~AN: Practicable. I like that word. Ok, what else is there? SECRETARY: The other is on page 9, letter "d" - I'm lust meationiny these for now and then we will talk about them. At letter 'd", where it says, right after the underscore in that paragraph, where it says "status reporz", after that. "If additional time is necessary to commence any portion of the pro]eet. ~' CHA!RMAN: OK. SECRETARY: I just would ask tile board if they could talk about whether they are ~ving a ~ime period to star~ the projecl. There is nottzing mtultioued ill there. But we call talk about that later when we gez to it. 5o just put a question mark ~here. CHAIRMAN: Tile ii,ne limit is, when ail approvals are -- MEMBER TORTORA: "Starts to run from the time all permits are in hand." SECRETARY: No, I mean n£ter that.. \'IEMBER DiNiZiO: The issuance of a building permit. MEMBER TORTORA: As per code_ Page 38 - Verbatim Transcripts Regular Meeting' of March 8~ i996 Southoid Town Board of Appeals SECRETARY: No, that not what I meant. ! meant a time Hmit after they receive ali a~ency approvals, in order to start construction. Suppose they get all a~ency approval, and five years later they still didn't do the CHAIRMAN: One year. SECRETARY LiNDA KOWALSKi: OK, so you want to say.. 'star~ or commence [t~ one year ~ter receivin~ ~1 a~ency ~pprovats." Ok? MEMBER DiNIZIO: Let's discuss tha~. SECRETARY LiNDA KOWALSKi: OK, we~ll talk about that. OK. Then down on ~e~ on the same pa~e, pa{e 9. ~, ~ x~L[LLA: What page are we on. MEMB mR SECRETARY LiNDA KOWALSKI: Page 9. CHAIRMAN: P~e 9. SECRETARY LiNDA KOWALSKi: When you go down to E, [ crossed out, you'll see a wavy ~e that says licensed by the New York State, that should be left in. CHAiR~L~N: OK. Leave SECRETARY LiNDA KOWALSKI: Across a couple of Knes up from that says, "Town Code" - there should be a period ~ter Town Code, and delete, "and licensed by the State of New York." I had it in there twice, and there ~s no reason to pu~ [t in there t~ce. So the rest is for you, Mr. Chairman. CHAIRMAN: OK. Goin~ back to that 9-d. What were you anticipatin~ Jim? What word, what period of time would you rather have? MEMBER D[NIZiO: Well, ! would just like to know, just what we're discussing. Are we saying to this person, go ou~ and ~et ail your n?provais, and if some reason or another they don~t do CHAIRMAN: Yes MEMBER DiNIZiO: [ don't know~ for whatever reason within a certain amo~ur o[ ~me. [s that wliat we're saying. ],!EMBER TORTORA: What we're sayin~ after you get your approval, you MEMB[~R ;)~NIZfO: Off, why are we sayins' one year? ME[~iBER TO[tTORA: it's the same clause that's in the code Jim. In other words, they could, that is senewable, isn't it. Page 37 - Verbatim Transcripts Regu!ar Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: Well there is nothing in the code for variances, only for special exeeption. MEMBER DINIZIO: Right. MLMBER TORTORA: Well, we could make it renewable Jim. MEMBER DINIZIO: Well, I'm jusx wondering why we're doing that. What if the person takes ~wo years m gez SECRETARY LINDA KOWALSKI: Well that's possible. CHAIR~N: What would be the shortfall ff we left it out? MEMBER D~NIZtO: Well, that one Um as~ng. MEMBER TORTORA: Then it's an open ended permit. SECRETARY LiNDA KOWALSKi: Well, the vari~ee -- MEMBER DINIZtO: W~ll I agmee, I a~.ee. It could be an open ended petit. CHAIRMAN: Well, norma~y we puz three years in the variance proposal, ok. SECRETARY LINDA KOWALSKI: Yes CHAIRMAN: We tmrmallv put three years. That's the period of time that we uormaily pu~. SECRETARY L[NDA KOWALSKI: [n major projects we do. MEMBER DINIZiO: That's ~e~ta~ly better th~ one year. SECRETARY LINDA KOWALSKI: OK, so we wan~ zo say --. ~iEMBER TORTORA: Bob. wha~ do you'tb~k? MEMBER VILLA: Well I t~fink if ~!~s projec~ requires three years for f~nancing, it's in deep trouble. MEMBER DINIZIO: Well, [~m sa~ng in total. We're no~ supposed ~o assume ~hat. That's uo~ our plan here. We're no~ supposed ~o say thai t~s person can afford to do iz, so go ahead and do it. You know. we're ilooking ~o oe p~'ac~icai and certainly th~s plan I would want zo see. I would wanz ro see ~.his [sland tied to this olan forever, if that's it. Let's face iz. This is the ~ ,' ' ' ' >es~ pisa that Sour~oid is eve~ going to get, at tiffs pomg in rime. MEMBER VILLA: You're ar~tin~ it two ways because the person that we are Lr¥[n~' ro put a limitation on it. in lhe be~nning we were sayin~ we would ~ive i~ a conditional approval. When they were sa~/n~ that ~key wan~ed ~o ~ going very quickly. You know, we've been hastening ~his ~i~n~ so we ~mn ~'et their spade in the ~round. So what's, what's the big problem. Page 3,9 - Verbatim Transcripts Regular Meeting of March 6, !996 Southok! Town Board of Appeals SECRETARY: Then leave it out. So don~t put an?_hing in on a time limit. Trust what --. MEMBER TORTORA: Why don't we put, one year renewable. CHAIRMAN: There's really no reason to put anything in quite honestly. MEMBER VILLA: if we stick to the code. The code says one year. MEMBER DINiZIO: The code doesn't say- one year. SECRETARY: As long as you receive a status letter every two years. MEMBER VILLA: Why was that changed. Why was that changed to two years? SECI[ETARY: It's a compromise Fm offering, because if you do every year. A building permit is good for two years. If you do it every year, you're asking for mere updates than the Buiidfl~_~ Department would get, and more frequent updates. MEMBER VILLA: Tlfis is a different .kind of a situation. Ail we're asking is a status report: that's all. SECRETARY: Variances are not permits though, if the pro~ect is commeuced, a~d they're working under that permit, then there would be no reason to ask for a status report, because ~he status is on file with the Building Department for the inspections. MEMBER TORTORA. Do you have any- objections to a status report (directed to Kevin Law who was in the audience during the whoIe session)? KEViN LAW, ESQ. I think it would be preferable to do it every- two years, because sometimes you know, a year goes by and you know[ Things sometimes take ion~er than you want, to get somezhin~ done, al~d I think we could all sit here and [hink. Where did the last year ~o by. So, we ?f~red two years would he more reasonable_ We would have more things to repert to you, every two years. MEMBER VILLA: By the same ~oken though. _if you,re having a problem? it woaid be nice io know why you didn't do it. We're not KEVIN LAW, ESQ: If your looking for a shot[ written status repor~ on annual basis, i don~t ~hink ~ha~'s objectionable. SECR. ETAR, Y LINDA KOWALSKi: On the proposed plan and buiidings that are the sub]ecl o£ the variance. Just ~hat portion of the plan. KEVIN LAW ESQ: It say's on here~ subject to the variance. Tha~ would be Peasouable, and to ~he extent that you were looking for some type of detail s~.a~us report. [ jus~ Ehough~ would make more sense every- ~wo years. But ~o tile ex,.siR that you're looking for a short brief report on an an.uuai basis, i don't ~hink ~ha~'s an unreasonable request, ai~d [ think we'll ~o Page 39 Verbatim TranscripTs Regular Meeting of March 6. 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: OK CHAIRMAN: Two years, then. SECRETARY LINDA KOWALSKI: So we're going ~o say then --. MEMBER TORTORA: Ever)- year. SECRETARY LINDA KOWALSKI: Every year. b/IEIVIBER DINIZIO That's, that's MEMBER TORTORA: He has no objections. Why do you ask? SECRETAR~ LINDA KOWALSKI: I"ll say alnlually. MEMBER D[N[ZIO: Because I objec~ zo it. I ob~ec~ ~o the fact tha~ we have ~o subjec~ these peopIe zo a one year-- SECRETARY LINDA KOWALSKI: Every year. MEMBER DINIZIO: Number one, who ~s ~o~n~ ~o say how dec,led to be? Is this person supposed to come to us with somethin~ and someone on the board is goin~ ~o say~ oh no, i wan~ zo know t~s, and he has and come back. MEMBER TORTORA: We're leaving tha~ SECRETARY LINDA KOWALSK!: How about a brief if we add the word brief fl~ th~e then. Brief construction status. MEMBER DINIZiO: Would you define brief for me in the contents of Government? SECI~ETA~Y LiNDA KOWALSKI: Wha~ would you define brief as in the Law dic ~fio nary ? MEMBER VILLA: Would you ou~Hne wha~ you wan~ every ~wo years. How ~n~ch de~si] do you want every ~wo years? MEMBER D~NIZIO: I wan~ ~o approve ii. [ wan~ t~s man to s~and by ~ha laws, and s~and by ~he conditions~ and if he doesn't, be brough~ up wha~eve? charges ~le~d ~o be brou~h~ ~o, ai~d ~aken care Accordin~ to the taws and rules of ~he Town of Son,hold. No~ come ~o ~he Board o[ Appeals ~ha~ has p[ea~y of other ~h~ngs to do, and issue a repor~ o~ ~he status tha~ ~he Town Bailding' department [s supposed ~o be ~aken care of. If it doesn't apply, if it doesn't apply to :his variance, he's s~tpposed to [nforce that, not us. After tlHs, afler we~ve a~reed to his MEMBER VILLA: Why do we have things come back zo us avery year, acct~ssary apartments and differetl~ z!fings like 2hat. Wetve ~ganted those. :u~d ~he~- have ~-ome back everF year fop a permit. Page ,I0 - Verbatim Transcripts Regular Meeting of March S, 1996 Southold Town Board of Appeals SECRETARY LiNDA KOWALSKI: Serge, we need your comment on this. You're the only. member le~,' ~ and it ~1I make a difference. Do you t~.hink it's necessary to have a letter every year, or every two years? CHAIRMAN: (inaudible) MEMBER DOYEN: I t~nk ! would say, every two year. SECRETARY LiNDA KOWALSKi: And Jerry you said? CHAIRMAN: i don't really care. SECRETARY LtNDA KOWALSKI: Orig~aHy you s~d it should go out. So does that mean you want two years, as an alternative? CHAIR~N: I'i1 go with two years. SECRETARY LiNDA KOWALSKI: Jim~ would you ~o ~th two years. MEMBER DINiZIO: ~ won't hold the project up because of this. SEC[[ETARY LfNDA KOWALSKi: No, no. We a~eed MEMBER DfNIZiO: i'm not satisfied with t?Hs -- MEMBER VILLA: Nobody is holding the project up. SECRETARY LiNDA KOWALSKI: We!l, can we add that MEMBER VILLA: It's a simple status report. CHAIRMAN: OK, is there anyttfin~ else ~nda? SECRETARY L!NDA KOWALSKI: Well actu~ly, you mentioned that. There is nothing else that I have to say. Everyt~ng that's underfeed was added by me. just has corrections ~ter spea~n~ ~th the Town Attorney, and my own doings. CHAIRMAN: Ok. Page 5, Ladies and Gentlemen. The Board determinations 1. Height sizes, more existin~ proposed buildings. Ai. Boathouse buildin~s, maximum height 29 feet 6 inches. irene House maximum height 25 feet at 2 and one ha~ story. CI Recrea~ionai buitdin~ maximum 45 fee~, hei{ht 2 s~ory~s. Caretaker's cottage 25 feez, maximum 2 story's. ~am~!y vacation home Hmi{ed 45 fee~, hei{h{ maximum 2 and one half szory's. D. Gara{e Buildin~ with s~aff quarters, ~ha~'s fee~. 2 s~e~-y~s. Subjec~ to the fo!!owin{ shall be permitted as una[tached, and ~ b~.~ subordinate accessory ~o {he principal buildin{ so far as descr'ibed~ and we're refePrin~ ~o those area~s of the findinss from pa~e SECRETARY LiNDA KOWALSKI: On number ! ~here on thai pase, pa~e where k :~ayb~, ' i, a. b. ~, and d'. Page 41 - Verba[im Transcripts Re.guI~r MeeLh~g )E March 6, 1996 Sou~hoid Town Board of Appeals (JftAiRMAN: Right SECRETARY LINDA t(OWALSKI: Where it's kind of consolidated in one p~qragrapi~. See where I have iz underlined, where k says, the garage with Staff c[uar~ers building. CHAIRMAN: ~h~ SECRETARY LINDA KOWALSKI: Wiih sleeping acco~da~ons and allowable microwave cooking. CHAIRMAN: Yes SECRETARY LINDA KOWALSKI: 2a~her than a perm~enz ~tehen facility. CHAIRMAN~ SEO~ETA~Y L[NDA KOWALSKI: For periodic, and i~ should say ~ter ~ha~, Vacation house s~aff use. C HAIRMA~-: R~gh~, ok SECRETARY LiN-DA [(OWALSKt: Ok. and cross ou~, up :o ~he number of months per catander year because, Mr. Bacon doesn'I know how frequent!y he~s going lo be living in his Vacation home~ whether il~s three days or 365 days. CHAIRMAN: SECRETARY LINDA KOWALSKI: He only needs ~s vacation house staff ~here, when he's there. ThaZ's why we s~d periodic. CHAIRMAN: I ogfered the resz of ~he conditions as a parz of Zhe findings of ~hls decision, if ~he decision is compie~ed and we have will make it available to the press a~ t0 o%lock ihis Friday mor~ng. So~ you'll have p!eniy of ~ime ~o put it in ~he paper, for the follo~ng week. MEMBER VILLA: Are we going ~o ac~ on [~fis ~oni~h~ or what? CHAIRMAN: [~m going ~o ac~ on ~h~s, righ~ ~s second. ~EC~ETA~Y LINDA KOWALSKI: Yes, ie~'s continue. CHAi~MAN: i~m ~oing ~o put it ~o bed. MEMBER VILLA: We~I, you ~new (Uit~k [~AN: Go ahead. MEM.BE~. ~ ~rr, - Z ....~. We were fnrnisbed draft's, and we made changes, and mt.~de s~o'~',-~s~io~s~ . This was handed co us zonight, i '~h~nk,~e: , should at [e:~s~ have the Cour[esy ~o reading it. Ps~e 12 - Verbatim Transcripts ~,e~ulsr Meetin~ Of MaFCll 6, 1996 Soathotd Town Board of Appeals CHAIRMAN: Well~ the fhldings of the decision are based upon what we put hwo ~he d~cision. We have maxinfized --. MEMBER VILLA: What do you mean when you say we? SECRETARY LiNDA KOWALSKI: We!l, my discussion. CHAIRMAN: Myself SECRETARY LINDA KOWALSKI: No; it's not Jerry. it's myself with each individual board me~nber~ and Bob you did see this previously, i drafted this over the last several weeks. MEMBER VILLA: I dolft want to be a bad ~y, but this is such a bi{ project. We should at least have the courtesy of reading it before we act on it. CHAIRMAN: This is the I1 th draft~ that we did. ~IEMBER VILLA: Yes, and donk you tb{nk you. should at least read it. CHAIRMAN: You can read it, weql read it. SECRETARY LiNDA KOWALSKI: I thought that we could have had an appearance earlier tonight, so that we could read. But ~ we need another month ~o read it. CiIAiRMAN': We're not going to need another month. SECitETARY LINDA KOWALSKi: Then weql need another month to read it. CHAIRMAN: We're not ~oing to need another month. We%I read it after the deliberation, and we'll vote on it in approximately an hour~ so to speak, ok. SECRETARY LINDA KOWALSKI: OK. I just wanted to ask one question ilere. MEMBER TORTORA: Linda~ just yive ma a pa~e on that. S~']C!{ETARY LiNDA KOWALSIil: It's pa~e 7E. CIIAiRMAN: Go ahead MEMBER. TORTORA: Thank you CHAIRMAN: E ok. Ail right. Going back to Connors- SECRETARY LINDA KOWALSKi: I only ask ;_hat if you read and make dmnges on your ar=~. if you would please give me your copies ~ith your !!O[OS Oil [ileal, and i ~vill Dltl the~ in the record, so that we o81! come lip Wit!l <t f[tlSi draft again, re[lieD than redoing it every day fop the Ilex{ two P:~ge 43 - Ver[~atlm Transcripts Regular Meetiug of March 6, 1996 Soutbold Town Board of Appeals CIIAIRMAN: Right SECRETARY LINDA KQWALSK!: OK CHAIRMAN: OK MEMBER VILLA: That's my point, if there is ~oin~ to be changes and everytt~Hn~. SECRETARY LINDA KOWALSKi: Well, we have five board members, and every time we talk, there's five different tlfin~s to be cahn~ed, and I'm askin~ you to please note it on your copy, because I can't do five a day, every time somethin~ is chan~ed. It's impossible. I don't have a staff of 30 people. CHAIRMAN:' We will ~o to pa~e 8 on, on the conditionsof the coloration and deliberations to~ht: and we'll ~o shot for shot. I don't care we're here till 2. We'll fi~sh it. SECRETARY LINDA KOWALSKI: Alot of these chan~es were in there, Bob, you asked for. [ donk unde~st~d what need --. I don~t unders[and ft. CHAIRMAN: I don't want to be here ( )in ~e mor~n~ but ?11 do SECRETARY LINDA KOWALSKi: Well you don~t understand Linda. I made suggestions and you went aion~ ~th them. I've seen some ~s have been cbs n~ed after SECRETARY LiNDA KOWALSKI: Do you know why it was chanted? Because some of i~ had to be chanted because they were so unreasonable, aud [hat's why we're tal~l~ about it Bob, and ~ we aan;t talk about here al a meetin{~ ~hen when do you want to ta~ about it~ tomorrow. MEMBER VILLA: No, I'm not sa~ ~hat. SECI~ETA[{Y LiNDA KOWALSKI: Le~s ta~ about it now. P{EMBER VILLA: Jerry was ~oin~ a[on~ and was goin~ to approve it, and just felt, leL's aa Ieas% have a chance of readin~ SECKEI.kRY LiNDA [qOWALSKI: But you did have ~ime ~o read it. You lcuow [ zvn.~ ~'oin~ to have it. when [ [aiked to you yesterday. MEMBER VILLA: You ~ave it to me az 20 ~ier 7. SECRETARY LINDA KOWALSKi: Jim came in ~wice today. Jim came ~v~, yos:erday. Lydia csme in ~wice yeszerday. ('~L.k[RMAN: We~ve had ii r. edrafis on ~his. The decision [s Al pa~es lon~. [>age d4 - Verbatim ~'~l l a~.sc,n ~;_.p*ts R. cgutau ' ~ '': ,o- 1996 ~,ee u~ of March 6, Seuthoid Tewn Board of Appeals MEMBER VILLA: Three times 'Loat=v=~., you went into the room out there before and Inade chan~es, while -we were in here. SECRETARY LiNDA KOWALSBiI: Ten w~itten chan~es which were about ten words. **~* seems to be an error or duplication above. Check CHAIRMAN: OK, could we piease continue. These people have been here nine years. SECRETARY L!NDA KOWALSKi: We're going to ~o on nine years with this project. CItA[RMAN: Nine years they have been here. I wanted to say on the record, and i hope you don~t mind me sayin~ it Mr. Conners. But when l saw you nine vears~ ate, your hair wasn't g-r-ay~ and i had aiot more hair, ok. That's wt~at I wanted to say on the record~ but i didn't say it on the record~ and I hope you don't mind me saying that to you. ~rs. Eileen Conners: He hasn't found the same nutritiom_ist I have. Mr. Chris Conners: It's the hardest sin~ie tbHn~ i had to do in my Hie. It really is. CHAIRMAN: I'm sure, ok. Conner% up for deliberation. Anybody. Robhi~s Island (continued) Chairman: lA, B2 is the number of the cottage. The prineipai building, I'm sorry. Building as a extension of use shall be subordinate accessory to the principal building, with a living area and a single kitchen. Bi. Lane cottage out,olinb as a extension of a subordinate, and accesso~y principal use ~o~ living area and single kitchen. C7. Caretaker's cottage building as an extension with use of subordinate accessory of principal bulldLn~, and Kvin~ area and single kitchen. D4. Garage staff quarter's building as an extension with subordinate accessory ~rincinat building, and with sleeping accommodations aliowable, nficrowave cookin~ around the permanent kitchen facilities for periodic vacation house staff, and ~dest use. We are a~reein~ to the word," S~C~LE_AR~i LINDA ~'~.~. Yes:wL~c._~,~ 1~ one. No? we can take~o'~,~es'~ CHAIRMAN: Guest use is out, ~ood. ORi, and so on as it's written. ~na~ be limited to an o~zzce lounge area 2. Boathouse buitdin~ -~ '~ "~' for the security personal and staff ere, as stated there. 2. C4 Ag?ieulturat maintenance compound buiidin~ use, shall be limited to ueriodic sleepin~ accomidadon, and a single chaired kitchen Page 45 - Verbatim Transcripts Re~_nflar Mee[fng of March 6, 1996 S,m~hold Town Board of Appeals C. Future enlargement or expansion on non conformity con%ainin~ those building; containing extended use for accessory buildings for habitable quarters, in addition ro what was requested ~ t~s application, shall require written nor~Jcation ~o the Zo~n~ Board as stated there. D. To the ~-earesr possible practicable, ro the ~rearesr exrenr practicable. MEMBER TORTORA: Practical, should be. SECRETARY LINDA KOWALSKI: Practicable is very s~ular zo practical, just --. CHAIRMAN: The present, presently existing natur~ vegetated 20 foot deep buffer, between the vacation home, and the top of the bi~f, shall be replaced only if necessary. SECRETARY LINDA KOWALSKI: No, shall be toast,ned. CHAIRMAN: Excuse me. SECRETARY LINDA KOWAKSKI: and replaced. CHAIRMAN: Shall be maintained and replaced. MEMBEI% DINtZiO: OK CHAIR~N: Oh yes, i see that. And replaced only ff necessary, due to the Environmental conditions, unless otherwise determined by the Board of Appeals, at a future date. SECRETARY LINDA KOWALSKI: On that word determine CHAIRMAN: Who shall be MEMBER TORTORA: Linde, that's not clear. SECRETARY LiNDA KOWALSKi: OK MEMBER TORTORA: In other words it's --. Do you mean that replaced only due to Environmenmi conditions? SECRETARY LiNDA [(OWALSKI: Yes~ if it's damaged by Environmental conditions, yes. MEMBERR TORTORA: Well [er's say, and replaced only if ir is damaged. SECRETARY LiNDA KOWALSKI: Only if ir is damaged. Only ff necessary, due to damage. MEMBER. TORTORA: Only if necesary ~f i~ is damaged because SECRETARY LiNDA KOWALSKI: How about just puttin~ in the word, darm~g'{~d by Enviroumenta[ conditions. Pnge 'i6 - Verbalim Trauscrlpts R. egub~r Mee!ing o[ March 8, 19.96 So~thold Town Board of Appeals MEMBER TORTORA: Exactly. CHAiI~MAN: Yes, ok. Wait a minute, if it is --. MEMBER TORTORA: Replace only if necessary due to dama{e CHAIRMAN: Damage SECRETARY LINDA KOWALSKi: By CHAIRMAN: By SECRETARY LINDA KOWALSKi: Environmentai conditions. CIiAiRMAN: Good~ ok. The rest is etc. ok. SECRETARY LINDA KOWALSKI: That word determined. CHAIRMAN: Oh yes? wait a minute. That word determ~ined. SECRETARY LiNDA KOWALSK!: I just want to clarify it for the record. Tha~ also means~ any alternative that mi~ht be necessary, whether years [rom now, or fi00 years from now, you know. We may have alternatives based on the soil conditions. I don~t knew ~00 years from now~ what the Island is _~oln~ to look Hke. ti may be under water never know. But whatever alternative, if necessary that would include any ci~an~es, approvais, or waiver~s. CIIAIRMAN: Right SECRETARY LiNDA KOWALS[(i: OK MEMBER TORTORA: You're still referrin~ to the bluff and the vegetated SECRETARY LiNDA ~{OWALSKi: Yes,~ ]res CHAIRMAN: OK SECRETARY LINDA KOWALSKI: The board may want a deeper buffer. There may be some circumstances involved. They may want a lesser buffer. It depends on the circumstances az that time in zhe future. )/[EMBER TORTORA: OK CHAIRMAN: OK. E. The setback or the family vacation home shall be at I00 feet or more from zhe top of ~he present -- MEMBER TORTORA: At a minimum CHAIRMAN: Yes Page .;7 - Verbatim Transcripts Regulor Meeling of March 6, !996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKt: That's what 100 feet or more is. It's a mh~imum. CHAIRMAN: Yes, that's a roll, mum. Under bluff area's. F. All building structure should meet or exceed Town re~drements, and reg~lations for setbacks for bluff's and beaches as required by appropriated En~riromentat agency's Trustees, and DEC etc. G. All fencing for the ~em~is court shall not exceed a total height of 10 feet above grade, and i thillk we get down to. Unless a written request for -- what's the word. SEC[{ETARY LiNDA I%[OWALSKt: Well, Bob wanted occasional after dark use of the tennis court, and the rest of it there but, i was curious. W]lat if the family were going to have maybe., a barbeque every Thursday, and they wanted to have a temzis match at night? Bob, did you want him to come be.ck by lei!ret for each night that they do it~ or can they do several nights in one letter? MEMBER VILLA: We!I, it's not supposed to be lighted permanently~ right. So how are they going to do this? SECRETARY LINDA KOWALSKt: We!l, the intent of it is, so that it doesn't disturb neighbors, and Robin's island doesn't have neighbors. The tennis court is in the .middle of the island, so who is it going to disturb at ni~bt. That's why itts a Little bit unique. CHAIRMAN: Leave the word occasional. That's fine. SECRETARY LINDA t(OWALSKt: Yes, but do you want to say every time. MEMBER DiNiZIO: I think you've ~ot to do something one way or the other. You're saying occasional for after dark use, and then you're sa~/ng, CHAIRMAN: U~zless a wriUten request for after dark use of the tennis court in the future is requested--. SECRETARY LINDA KOWALSKi: For ceftin events. CHAIRMAN: You have tile word occasional, for after dark use. SECR. ETARY LIND,.\ biOWALSKI: Just say, for after dark use. CHAIRMAN: Yes MEMBER DiN[ZIO: My preference would be that they jusr_ come back, and ~sk for a waiver. fTI[iA~MAN: i'd leave the whole sentence out. the whole thing. SECRETAi{Y LiNt),\ KOWALSKi: Yes, but if they have five barbecues in a motwh, the'v $'ot to come back five different times? R~ge IS - Verba£im Tral!scripts R.e~ular Meeting of March 6:1996 Southold Town Board of Appeals MEMBER DINIZIO: No, I'm saying that we should just take this out~. and if they want to have lights on the tennis court SECRETARY LINDA KOWALSKI: OH, oh MEMBER DINIZIO Come in and prove that they need to have lights on here and prove that -- CHAIRMAN: That's what I said. SECRETARY LINDA KOWALSK!: UrHess you get a variance, because they have unique circumstances. MEMBER DINIZIO Right CHAIRMAN-" Right SECRETARY L!NDA KOWALSKi: I see what you're sa!ing. MEMBER TORTORA: So what are we doing? CHAIRMAN: Take out unless. Everything from unless on. MEMBER TORTORA: You mean that whole SECRETARY LINDA I{OWALSKI: The underscore. CHAIRMAN: The underscore. SECREIARY LiNDA KOPWALSKi: is that what Jerry and Jim are offering. MEMBER DINIZIO: I just feel this is another t~ing where ~hey have to come in. [f someone across the way sees the lights on; there going ~o ~o ou~ and check to see if this gray has a permit for that day. SECRETARY LINDA KOWALSKI: Yes, yes. CHAIRMAN: O[(, H. SECRETARY LiNDA KOWALSKI: Serge, Lydia? you're agreeable. MEMBER TORTORA: That's fine SECRETARY L[NDA KOWALSKi: OK MEMBER VILLA: How is {his going ~o end it. MEMP,!{R. ~NIZ?O: They con come back later on. This is no~ ~'oing ~o end [I. :\s ~f m~w, they can't have iigt!ts on like [ezlllis cour~. MEMBER V[LL,\: CT!AIRMAN: [ have ne o~]iection --. P~g'e 19 - Ve~q~athn Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: But Bob was doing that, to try and make it possible that they could have nisht lighting, without filin~ a formal ~ pplication. C!{AiRMAN: We!l, the way they can have ITd~ht ligh~in~ is simply, take all the four wheel drive, and put it on the tennis court, and leave the cng-ins tutoring. SECRETARY LiNDA KOWALSKI: And it's legal. CHAIRMAN: Let's drag a ~enerator over, ok. MEMBER VILLA: Don't shoot the Deer. CHAIRMAN,: Yes SECRETARY LINDA KOWALSKt: Would you prefer to have that in. MEMBER DINIZIO: No SECRETARY LINDA KOWALSKI: Or leave it out. CHAIRMAN: Leave H in, it's fine. MEMBER TORTORA: On that H. SECRETARY LINDA KOWALSK!: H, yes. MEMBER TORTORA: Technically ~he family vacation home is the principal building. The principal use is residential, correct. CHAIRMAN: Correct, always. SECRETARY LINDA KOWALSKI: Yes MEMBER TORTORA: Right. It says the principal use. Vacation home is the principal use. SECRETARY LtNDA KOWALSKi: OK, we'll say residential after principal. MEMBER TORTORA: is the principal b~dtding, and the principal use, r~siden~]al? SECR. ETAR. Y LINDA KOWALSKI: Yes. CHAIRMAN: So you have to put principal use. RECN. ETARY L[NDA KOWALSKI: Principal residenziai buiidin{ and use. CHAIRMAN: Ofq Principal residential and use, ok 5. Family Vacation home building as principal use, will be pepmf~ed to be constructed, a mean height of 45 fee~. Pnge 50 - Verbatfm Transcripts R. egutar Meeting of March 6, 1996 Southold Towtl Board of Appeals SECRETARY LiNDA kOWALmK±. 2 A is ok~ the way it is and B. CIiAiRMAN: Yes, it's fine. SECRETARY LiNDA KOWALSKI: Anybody else have any comments on A, B or C. MEMBER, TORTORA: This is the ( ). TbHs is what was in there before. SECRETARY LINDA KOWALSKI: Yes, yes. These ~Wii1 stap- the same. CHAIRMAN: Same conditions. MEMBER TORTORA: Let's stop off, and take action when it's jurisdiction~ it deems nehessary. That dee,ms necessary under the circumstances. SECRETARY LiNDA KOWALSKi: Under the circumstances would mean, under r. he circumstances of the change. In other words, ff the change is a minor change that does the angle of a wall of a buitding~ c.hanged by a few degrees or something. Suppose that inszead of having a s~raight wail, they decided to have a bay pro~rusion of some t)~e. The board would decide that it's no~ necessary to have a hearing on it, because i~'s not really chen~{ing their plan or their purview of the whole building. You know wha: MEMBER DOYEN: Yes. SECRETARY LiNDA KOWALSKI: ThaCs a minor change. )~_inor changes a re up to {he board, whether to have a PubLic Hearing or MEMBER TORTORA: i must say %hat, the Board of Review is ~q require a new Public Hearing~ and take action under i~s review~ and take action under i~s jurisdiclion. SECRETARY LINDA KOWALSKi: As it deems necessary period. MEMBER TORTORA: That's pretty well wrinen in the code right now, Linde. SECRETARY LINDA KOWALSKI: All rig'h[. WeqI ~ake tile. rest of that CHAIRMAN: OK. Then weql start with a new senr. ence. MEMBER DfNIZiO: Other considerations. S[£C[~ETARY LiNDA KOWALSKI: NorbJng shall be. MEMBER TORTORA: Read ail the way down to "parcel" . 5N{,I'N~[f[~. D[N[ZiO: Other considerations which relate lo the ~enera[ --. Page 5] - Verbatim Transcripts i~egular Meeting of March 6, i096 Southold Town Board of Appeals MEMBER VILLA: From where ~ SECRETARY LINDA KOWALSKI: Start with "Under the circumstances Bob, to parceF'. Then you start again with the word "nothing"_ CHAIR~LIN: OK. B. The owner must obtain applicable agency approvals including, to understand. SECRETARY LINDA KOWALSKI: We added Town Board there. CHAIRMAN: Yes, ok. How does that rela~e? MEMBER TO~TORA: Town Board, yes. SECRETARY LINDA KOWALSKI: Town Board, I understand [s going to move the HeHpad, and I'm not sure if there is anytlfing else. Is there anytlfing e~se, besides the Helipad? OK CHAIRMAN: OK C. Approval is required by the Southotd Planning Board and other, in the event that the property is demed proposed, for a subdivision. That's understandable. SECXETARY LINDA KOWALSKi: Paragraph C is. I put a notation there. i'I1 cross out my note there and --. CHAIRMAN: Good SECRETARY LINDA KOWALSKI: Ail right. CHAIRMAN: So C is out, right. SECRETARY LINDA KOWALSKi: C is in. CIIAiRMAN: C is in.. ok. D. We a~reed to ~hat commence any portion of, we a~reed to that. SECRETARY LiNDA KOWALSKI: Well, OK. Commencing~ that the time we have to talk about. Are we --. What did everybody decide to do on that D~r£~r[lpb, becattse there was --. CHAIRMAN: In addition -- MEMBER TOi~TOttA: In view o[ the fact that i'm the oniy female on the board, ~/-o~t should [et me have m~v way once, a~d ~_'ve ._'ne an annual status report, it doesn't have to be anything lengthy but lust let us know how it's coming along, i don't think that is an unreasonable request. We're not askin~ for --. ' CIIAIRMAN: Kevin agreed to that when we asked him. So, i don't see any prob[em. [b~ge ~Sfi - Verbatim Transcripts Reg~dsr Mee[lag of March 8, 1996 Southoid Town Board of Appeals MEMBER TORTORA: So~, come on boys. MEMBER DINIZIO: No~ Fm sorry. I choose to treat you equally Lydia, and respectfuiiy_ For ! have to disagree. That the Zoning Board shouidn't be cioing the Town's Buitdin~ Department job MEMBER DOYEN: Only in this way. In a formal way. I think, if you ask them. Even if you write a letter for an a~_nuat report, because we're interested, because we're not the Agency that inforces this document after it passes. So therefore~ we shouldn't ask them for sometlfing that we don't have any legal input afterwaFds. I think ifs vet? piee~ and I'd like to know what happened. CHAIR[VlAN: So leave the whole sentence out. MEMBER VILLA: Can I ask a silly question? How did we yet involved with shrubs in the buffer zone, ~ we don't have any involvment after we've approved this. CHAIRMAN: They have already a~o~reed to let us go over each phase with the Buildin~ Inspector, and review it. SECRETARY LINDA KOWALSK!: It's being repetitive really. MEMBER DINiZtO: We're perfectly intitied to review it any time we want Go clown to the Buildin~ Department and review it. CHAIRMAN: How do we know their pictures will be as nice as ours. MEMBER DINIZIO: ! don't know. SECRETARY LiNDA KO~ALSKI: Ser~e has suggested, you leave it our.. That whole sentence there. MEMBER DINiZIO: i do too. CHAIRMAN: Who needs it. SECRETARY LiNDA KOWALSKi: -Jim: Jerry you r.oo~ all right. That's three votes, it ~oes ou~ lhen. Your taking oul r.ha~ whole paragraph. CHAIRMAN: No~ if additiouai time is necessary. SECRETARY LINDA KOWALSKi; No, the first sentence Jerry; on D. EverM year coustrnction stazus plan; r.hat whole sentence. CHAIRMAN: ! thought we were on the bottom. SECRETARY LINDA KOWALSKi: No, we're on D. C!{A[RMAN: All o£ D. Page 53 - Verbatim Transcripts Regnlar Meeting of March 6~ 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKt: That's what Ser~e is suggesting~ and Jim is a~reeing. Lydia is with Bob, so your the sway vote CHAIRMAN: Oh boy: MEMBER DINIZiO: Oh boy, decisions. That's why you can --. CHAIRMAN: Leave it in. SECRETARY LINDA KOWALSKI: What date do you want to use, Lydia? CHAIRMAN: Two years, leave it just the way it was. SECRETARY LINDA KOWALSKt: Lydia and Bob want every year. CHAIRMAN: Then change it to every year. I don't care. MEMBER TORTORA: What a g*uy. MEMBER DiNtZ!O: You're a sexist. That:s Jim Dinizio talking to -fferry. MEMBER TORTORA: At least somebody is on tiffs board: Thank God. CHAIRMAN: This will cost you., big time Lydia. MEMBER TORTORA: OK MEMBER DtNIZIO: You can say that a~ain. SECRETARY LINDA KOWALSKI: But the rest of that, ok --. CHAIRMAN: It all stays in there. SECRETARY LtNDA KOWALSKI: If the additional time is necessary to commence any portion -- CHAIRMAN: Yes, I knew you were ~oin~ to bring ~hat --. SECR. ETARY LiNDA KOWALSKI: Within three years after receiving ali a~ency approvals-- CHAIRMAN: It should be three years because that's what everybody-~. SECRETARY LtNDA KOWALSKI: Of the proposed plan. Does that stay in. CHAiR. MAN: Yes. SECN. ETAi~Y L[NDA KOWA£S[(I: Can i ask you ~~. CHAIRMAN: Commetlce portion Page 54 - Verbatim Transcripts Re~u[ar Meeting of March 6, 1996 Southo[d Towl~ Board of Appeals SECRETARY LtNDA KOWALSKI: Why is that going ~.~-? I'm just curious because if --. CHAIRMAN: i asked to have it pulled out. SECREATARY LINDA KOWALSK!: Oh, all right. CHAIRMAN: I have a ( ) to have it in. Ever?thing from "if additional time [s necessary'~ i had taken ali tha~ out. SECRETARY LiNDA KOWALSKI: OK~ sorry, i had it here: so I']/ cross it ont. CHAIRMAN: Is that all. MEMBER TO~RTORA: So we're ~oing to delete from "if additional time". SECRETARY LINDA KOWALSKI: Yes. CHAIRMAN: Ail the way out. MEMBER. TOKTORA: Agreed SECRETARY LINDA KOWALSKt: Because you~rd doing it every year, and there is not need --. CHAIRMAN: OK, good. Ail of that is good. Now, !ets go down to E. MEMBER D[NIZIO: Wait a minute, wai~ a minute. I'd just Hke to make, maybe [ know. I'm probably knit pic ~king here. Maybe we could set some criteria as to what this report, that we're going to receive every year -- CHAIRMAN: One page report. SECRETARY LiNDA KOWALSKI: How about a letter. MEMBER. DINIZ!O: OK CiiA[RMAN: A letter. MEMBER D[NIZIO: What is it going to contain. What are we --? What is it goin.%' to contain? CHAIRMAN: It is gopin~ to say. We finished working on the Mackay imuse, and we commensed constr'~lCtiOX! or reconstruction of the Lane house. MEMBER TORTORA: We hope to smr~ such and such in five days. CHAIRMAN: That's al!. SECRETARY LiNDA I(OWALSKI: And there are no major place -- Pngc 55 - Verbatim Transcripts ~eg~dar Meeting of March 6, 1996 S,)uthold Town Board of Appeals MEMBER TOltTORA: Just a brief construction, a brief. Use the word brief, make you happy, Jim? MEMBER DINIZtO: Well. again I defer, I'll say. Define for me in Government terms, what brief means. We just sat here and watched a lady here go through 20 years of the Town telling her, thai she had two separate !ots~ to the fact that she had ~o appi5r for $300.00 ~o get her ( )lot. CHAIRMAN: And she did it very briefly MEMBER TORTORA: And she didn't care if she got it or not. SECRETARY LINDA [{OWALSKI: Actually. MEMBER TOftTORA: I'm curious as to what this thing is going to look like. SECRETARY LiNDA KOWALSKI: Actually, do you know what Jim is really saying, Lydia. How can it be brief when you're saying, of any- changes. I menu, there could be a hundred fifty ~finor changes. MEMBER TORTORA: It an annual, it's an annual. SECRETARY LtNDA KOWALSKI: Of immaterial things. Yes, but the thing is, it says any changes. CHAIRMAN: Look, if we don't like what ii says, we ean always write and SECRETARY LtNDA KOWALSKI: What kind of changes do you want in the fetter. That is what I'm as~ng you. CHAIRMAN: Linda, you know that we ~ into changes ail the time. with and you just clearly stated one. We have a person, we make it a ten foot setback. We know ---. SEC~tETARY LINDA KOWALSKI: No, the ones that you don~t want in there. Tell me one or two, that you don't want in there. That you're really not interested in, cause thelz are so minor and so immaterial that you ch)ri'[ want them in there. CIIAiRMAN: [ don~t care wi~at they say over there. SECRETARY LiNDA KOWALSKI: What. ~AEMBER VILLA: You know, you're carrying on Hke a bunch of kids here. Eot ~oodness sake. A status report i would say. \.II£MBZR TOR. T©RA: That's all it is. ¥~EMBER VILLA: You have an Attorney here, and he's going to address this thing, ail of the items that we've gone along with. What is he asking Page 52 - VerDathn Transcripts Reg-ular Meeting of March 6, 1996 $outhotd Town Board of Appeals for. He's asked for six or seven different t_hings. He's going to, say -Mackay cottage completed. SECRETARY LtNDA KOWALSKi: Ail right. I have an idea then. OK, good. See where it says in writting, put period. Right after "in writing" put period. MEMBER VILLA: That's what they are paid for. When we ask for a sza~us report, that's what they are ~oing to We us. MEMBER TORTORA: Fine~ Linda. MEMBER VILLA: Holy mackerel. MEMBER TORTORA: We all understand. Let's move. SECRETARY LiNDA KOWALSKI: OK MEMBER DINtZIO: Well, I don't understand. SEC[tETARY LINDA KOWALSKi: Jim has a point, and I think it says too m~ich. MEMBER D[NtZiO: I ~eally ~i!l~ ~hat you ~ys are ~eally just hotdln~ ~' to a hl~her s~andard that needs to be~ and we have people in the Town ~ha~ snpposed to monitor the pro~ress of ~s whole project. JusZ as they monkor every p~ojeet t!~at they do and they do a very good job of it iate!y~ and I don't see why we should be subvertln~ ~hem. i~I1 put ihat in. agree to lt. I hold up zo thal. C[{AI!{MAN: Your not puttln~ in there, abou~ the Deer a~e you. ~EMBER D[NIZ!O: WeU no~ but !'m am goh~ to say ti~s. Th~t~ I ~hink yonr holdfn~ to a different standamd, ~hen your holdin~ o~her residence. SECRETARY LINDA [<OWALSKi: Can i ask one question on D. There~ s a botto~ part of tha~, the last sentence. Jerry, you s~pped over it. stay[n~ CHA[R.~AN: You could leave ~t ihere. SECRETARY LINDA KOWALS[(I: No~ ~he Board of Appeals and reprasenta~ive, reserved ~he rJgh~ to inquire as to ~he sla. tus. Does that yo out? MEMBER TORTORA: We haven't gotten to thai yet. CHA!RMA~: Yes, i actually skipped over it. i don't care if iCs in ~here S[{Ci{EiL. ki{.Y LiNDA KOWALSKi: Well. we jus~ need. it ekher s~ays in or ?age 57 - XYerbatim Transcrimts Regular Meetin~ of March 6, 1996 Southold Town Board of Appeals MEMBER TORTORA: We all agree, ~ve all agree. SECRETARY LINDA KOWALSKI: Leave it in , ok. MEMBER TORTORA: Yes CIIAIRMAN: OK, E. The new family residence is referred zo as a vacation house, shall be principal residential building~ and not be leased or rented separately from any of the accessory buildings, tmless otherwise ag-reed by the Board of Appeals. The rest of it is --. ~¥IEMBER TORTORA: % formal. CHAIRMAN:.. We already did it, ok. F. SECRETARY LINDA KOWALSKI: F. Went out. CHAIRMAN: So we're renumbering. SECRETARY LiNDA KOWALSKI: Yes MEMBER TORTORA: So G is F . SECRETARY LINDA KOWALSKI: G is the correct letter actually, yes. CHAIRMAN: Oh, G is correct. MEMBER TORTORA: Where's F. CIfAIRMAN: What happened to F. S~'CRETARY LINDA KOWALSKI: [ think I already MEMBER TORTORA: Oh E became --. I get CHAIRMAN: Oh, ok. You're moving everything up. SECRETARY LINDA KOWALSKI: Yes, yes. MEMBER TORTORA: The Beard of Appeals becomes E etc. CHAIRMAN: In light of the lzis~oric use of the property, u~Hque access issues of the Island and the desire to see Building Departmen~ restore the Lane house, ok. I don~t have any problems wizh it. SECRETARY LINDA KOWALSKi: OK CHAiRMAIX~: H may be for tile new ( ) showing ~he accessary buiidin{. [ have no problems with tha~. [. The existing( -ierry read hhnseif). Anybody have any problem wi~h I? MEMBER DINiZiO: Would ,*.hat be after a hearing? Whe,~ the}- come back Page 58 - Verbatim Transcripts Regular Meeting of March 6, !996 Southold Town Board of Appeals CNAiR. MAN: Well, in the status report it would be indicated that they had chosen not to buitd a Vacation house so it would be an automatic reversion back to Mackay house. SECRETARY LINDA KOWALSK!: Unless the CBA determines other~rise. But he means, is a letter ok, or do we have to have an application. CHAIRMAN: ! don't tlzink we have to l~ave an application. SECRETAR. Y LiNDA KOWALSKi: OK, and weq! say, designates b~~ letter or otherwise. '- MEMBER TORTORA: Linda, when you t ;hlnk,~ of that. If it does revert back, it is a chan~e that may require Public Hearing. SECRETARY LINDA KOWALSKI: No really, because the code requires it to revert back. CtiAIRMAN: Sure, it doesn't imve to. SECRETARY L!NDA KOWALSKI: it's a code requirement so the ZBA des.igr~s, ted otherwise, iL, n not sure whp- that's in there. I'm tryin~ to remember. I think there might have been another proposal maybe. Suppose the owner didn't want the Mackay cottage to be the principal building, and ~' suppose another house. CHAIRMAN: Then he would have to. if he wanted to make the Lane house. MEMBER D[NiZIO: Right CHAIRMAN: Which is the next assumed one. SECRETARY LINDA KOWALSKt: Yes CHAIRMAN: Because I mean, it's a much more palatial building. SECRaTAR ~ LINDA KOWALSKI: Would we need a public hearmg ~or that, is what Jim is asldng. MEMBER DINIZIO: No, no_ I tMnk Nm asking, unless the ZBA designates. SECRETARY LINDA KOWALSKi: Designates otherwise. MEMBER DfNIZiO: Nm asking, how do we designate otherwise, if we don't have a hearing. SECRETARY LINDA KOWALSK!: Can we add in there, by letter or other YH£MBEft TORTORA: i don't think you can do it without a public hearing. ~, MEMBER DINIZIO: i think you should jus~ take it out. C[~AfRHAN: Take what out? [~age 5!3 - Verbatim Transcripts Reg'ular Meet;m~ of March 6, 1996 Southold Town Board o[ Appeals MEMBRR DfNIZIO: Unless the ZBA designates otherwise. MEMBER DOYEN: There fs another possibilty. ~fEMBER TORTORA: I don't think you could --. Jim, I think it could SECRETARY LINDA KOWALSKi: How about if we pu~ in there --. MEMBER TORTORA: [ don't tkink ~hat --. You cannot designate another buitdin~ as a principal buildin~ without a Public Hearing. SECRETARY LINDA KOWALSKI: t have an idea. How abou~ "Unless the code provides otherwise". MEMBER TORTORA: What floes that mean? SECf~ETARY LINDA KOWALSKI: That means that the Zonin~ Code says, if the Lane Lodge meets alt the sezbacks, and heights, and everyth/n~ e!se, thell that could be the principal buiidin~. ~MEMBER TO~TORA: You can't do it ~ithout a Public Ifearin~. ~IENIBER DINtZIO: No, yes you can. SECiIETARY LINDA KOWALSKt: The code allows it. CHAiRNIAN: The Buildin~ Inspector can do ii without a Public Hearin~. ~IEMBER DINIZIO: That's why I'm saying -- CHAIRMAN: They did determination, and the Mackay house was the principal house. MEMBER DiNIZiO: That's why I'm saying. Why is the ZBA involved? MEMBER DOYEN: There's another possiblilty as Ion~ as we want to kni~ pick. Suppose he decides he wants another principal house, rather then ~he Mackay house. Never mind any other resistan~ s~ructure. Suppose doesn't wan[ to do the one that's proposed here. Then what do he do. MEMBER DiN~ZIOi He applies for a building permit, and gets denied whs~eve~'. The ZBA ~ves a determination and we go from r. here. :v~EMBER DOYEN: OK, so then he automatically --. 5/IEMBER Villa: Let's keep [t to our sites available, that he can build other SECP~ET:\RY LINDA KOWALSKi: No, he can't do it without chan~in{ tile platt, and to change the plan he has to come back. ¥Ii,~5~ii3[~!~ i)OY?,N: (1[(, so that's what i'm ~ettln~ ar. so. Pa~e 60 - Verbatim Transcripts Re~uiar Meetin~ of March $~ 1996 Southold Town Beard of Appeals ScCRzzAR. z LiNDA t(OWALSKi: ~ assume ~zMB~R DOYEN: Are you just going to put that in too. SECRETARY LiNDA KOWALSKI: They understand that ff the plan chan~es, they have ~o come back. So let me just check that. MEMBE~ DOYEN: They understand it, but it's not ~-~' - SECI{ETARY LINDA KOWALSKi:~' is. it's written ;n minor!mcr para~aphs. MEMBER DINIZIO: It is MEMBER DOYEN: O[(~ then I stand corrected. ! was just suppose th~- want to chan~e it. SECRETARY LINDA KOWALSKI: Exactly. MEMBER DOYEN: They'll say, well i want to put il somewhere else. SECRETARY LiNDA KOWALSKI: You understand, you ~a e to come back if ~he plans ci~anye anyway, right so --. Mr. Kevin Law: '~l,.s not a problem. CHAIRMAN: .... - t ~ just leave SECItETARY LINDA KOWALS~I. Are wa ~oing zo take _ha~ ou~ or [t there. CHAIRMAN: Just leave SECRETARY LiNDA KOWALSKi: Just leave it, ok. CHAIRMAN: J. A~icuttura! machines shall b~ permitted for a~iculturai additional housfn~ equipmen~ maintains: ( ) storage, dormintory quarters for buildings use for sieepin~ accommodations with shared ~tchen for overnlgh~ stays ~o.( No proolem. Recreational buildin~s~ shall be sn accessorx/ building. OK, no problem. Owner a~eed to allow Buitdin~ [nspeckor as authorized representa~ve. No, that one. OK, i~ looks like we're comin~ down to home stretch here. M.- Zot~ag Board of Appeals couditions ( ) inaudible. Who wants to make ~he motion. MEMBER ~ zr, - ~ ..[~A. ~ have one s~ilF auestion?~ ~ou're p~obablv_ ~ ~moq~. me it doestl~t apply ~o us, or we dOllar have ~llV ~ont~ol over it. But, in the heaPin~ -- CHAIRMAN: ¥IEN!B~R "~¥ ~h~' ''~. Mr. ~acon a~reed ~hai he would never send a~lF children ~e~ s hOE addressed anypiece. Should the~ be a CiHzk[RN[~kh[: [L'S nOI ail issue ~ha[ we have ~ r -~ Page 61 - Verbatim Transcripts Regular Meeting of March 6, t996 Southold ~.o n Board of Appeals SECRETARY LINDA KOWALSKI: We would never, never agree zo that. CtIAiRMAN: We were not turned down for that. MEMBER VILLA: ti was brought up at the hearing. CHAIRR'IAN: Right MEMBER VILLA: That the assurance was Wen. CHAIRMAN: Right SECNETARY BINDA KOWALSKI: O~ly g you'~e ~ei~g that, and i don~t ti~nk your ?Iyi~g ~hat. MEMBER DINIZIO: I ~on't t~k he s~d that. CttAIRMAN: ifs a good point Bob, but it's not an issue t~t r~ally witlfin our purview. SECI{ETARY L!NDA KOWALSKI: It's not related to the variance. MEMBER DOYEN: I don't ~et it. So what, suppose he ~d want to send them~ so what. MERqBER DINIZiO: He~s payiny Zaxes~ he's intiiled MEMBER TORTORA: Yes, ~o me that's an unreasonable condition. SECRETARY LINDA KOWALSKI: It's no[ ~ermane MEMBER DOYEN: Jerry, there's a question. CHAIRMAN: Yes Jim M~. JIM THOMPSON: I think wi~h respect to ~r. Vi~a, theme wa~ testimony in the hearings abont tmanspoPt of people --. MEMBER DINIZIO: ~igh~. MN. JIM THOMPSON: To New Suffolk, and we did alleye and test~ed that we would be willing to forgo any obligation on the part of the Town, to ~ans~e. children--. CfIA[RMAN: Night. · HM THOMPSON: Or other people to ta~ Island to ~he Mainland. CIIAiRMAN: That is correct, and i,t was assummed that there ts a ~ ~-';] "~' ~' ~ ~.l~e a~ Caretaken, tha~ may have ct~Idren. Pa.g'e 82 - Verbatim Transcripts Re~'u!ap Meet. in~ o[ March 8~ 1996 $ou~hold Town Board of Appeals JIM THOMPSON: We wouldnk want ~o forgo the right of those people --. CHAIRMAN: Right. MR. JIM THOMPSON: As members of the commu~ty to at~end the school. CHAIRMAN: Rig'ht MEMBER DOYEN: Exact!~. MR. JiM THOMPSON: But we more than cer~Jy be ~Hn~ to have recorded, the transport issue. CHAIRMAN: Sure MEMBER P~LLA: I think i~ might be ~ood to have it'~her~,~ because the school beard is yoin~ to take you up on SECRETARY LINDA KOWALSKi: That's different MEMBER TORTORA: That's different CHAIRMAN: The ~ranspor~s are dfffereni. MEMBER TO~TORA: No objection. MEMBER VILLA: -- item. Other than ~hat, i donk have any problems. SECRETAR. Y: Well, there is no objection. So where do you want Io have CHAIRMAN: Let's put i~ at ~he end. '~The owner has a~reed,~' ~JEMBER TORTORA: 'In ~he event that the applicant has ci~idren~" CHAIRMAN: No, "The employees of the appEcan~ have children" ~IEMBER TORTORA: The appiicant or employees or anyone of the island has children. SECRETARY: No, I would say, "The owner a~rees ~o provide CHAIRMAN: ,...For any and al! children of school aye to ~he mainland." Ok. Who wan~s to make the motion? SECRETARY: "...At i~s own cos~ and expense." CI[AI[{MAN: MEMBER VILLA: F!I make :.lie motion. How's Ps.ge 63 - Verbatfm Transcripts Regular Meeting of March 6, 1996 Southo[d Town Board of Appeals MEMBER. VILLA: I'll shock you out of your paints. MEMBER DINIZIO: Well Bob, I'll second it then. SECRETARY LINDA KOWALSKt: I think he was testing us tonight (]oki~ly) let us believe he wanted to ~o till the next meeting. CHAIRMAN: Did you want to ask somet~hing before we vote on it? ATTORN'EY KEVIN LAW: Can I ask somethin~ about your discussion on Condition (d) on pa~e ~? I was confused by what you agreed to. CHAIRMAN: Condition (d) (Chairman read outloud ag~ain). SECRETARY.: Letter (d) where it says, "To the greatest extent practicable~ the word possible should be practicable." MEMBER VILLA: Wha~ pa~e is that? Ik~e [;1 - Verbatim Trtutscripts Regular Meeting' o£ March 6, 1996 SouIheld Town Board of Appeals NO~EEN: WE NEED TO CHECK TAPE STARTING ABOVE TO BE SURE THE R. EST iS IN RIGHT SPOT. It seems to be on Pa~e 35 to (?) already, so i may have typed from wron~ spot on the tape. CHAIRMAN: Practicable. (Everyone noted in on their draft copies.) CHAIRMAN: Ok, what else? SECRETARY: Ok, on pa~e 9. On (d), I'll just mention it first and then we can talk about it. On letter (d). Where it says right after the underscore in that paragraph, where it says "status report." After that, 'ur additional time is necessary to commence any portion of the project, I jus~ would ask the Board if they could talk about whether they are ~ving a time period .to start the project. There's nothin~ mentioned in there but we can talk ab'out that later when we get to it. So just put a question mark there. CHAIRMAN: The time limit is when att approvals are -- MEMBER TORTORA: It starts to run from the time al! permits..." CHAIt~MAN: Starts to run from the time all permits are in hand. SECRETARY: No, ! mean after that. MEMBER DINiZIO: The issuance of a bui!din~ permit. MEMBER TORTORA: As per code. SECRETARY: Wet!, no. That's not what i meant. I mean~, a time limit aft. er they receive all a~ency approvals in order to start construction. Suppose they get ail a~ehcy approvals and five years later they still didn't do the "P~an." CHAIRMAN: One year. MEMBER TORTORA: Yes.~ one year. SECRETARY: Ok, so you want to say start or commence it one year after receiving ali a~e~ucy approvals. Ok. MEMBER D[NIZiO: Well let's discuss that a little. SECRETARY: Ok. Let's talk about that. Ok. Down on number (e) on the same page, pa~e 9. When you go down to (e), [ crossed out - where you see a wavy line that sap-s "licensed by the New York State...", that should be ~eft in. CHAIitMAN: Ok. Leave in_ ~I£CRETAltY: Aud across~ a couple of lines up from that it says, "Town f,~de." ?here si~ouid be a per{od after Town Code and delete "and licensed Pag-e (]3 - Verbatim Transcripts R. eg-ublr Meerh:g off March 6. 1996 Southoid Town Board of Appeals by the State of New York." I had it in there twice and there's no reason ~o put it in ~.wice. CHAIRMAN: Ok. SECRETARY: And so the resz is for you, Chairman. CHAIRMAN: Ok, going back [o that 9-d. What are you anticipating, Jim (Dinizio, What word, what period of time would you rather have? MEMBER DiNIZIO: Well, I jns~ would U~ke ~o ka~ow ]us~ how, what we are actually discuss~g. Are we sauna ¢o t~s person, go out and ge~ all your approvals and ~ for some reason or another they don't do it, ! don't know, but for wha[ever reason ,~t~n a cer~n amoun~ of nme, is that wha~ we are MEMBER TO~TORA: No. We're sauna ~ter you ge~ ~he approvals, you have oae year no commence construction. MEMBER ~INtZIO: Ok, now. why are we sauna "one year?" MEMBER TO~TO~A: It's ~he same c~ause as in the code. In other words, ~hat couM- k's renewable, isn't ~t Linda? CHAiR~kN AND MEMBER VILLA: Yes. SECRETARY: Well, there's not~ in the code for variances o~ a time [imR, only for special exceptions. MEMBER DiN!Z!O: That's ri{hr. ME}[BER TORTORA: We can make it renewable~ Jim. MEMBER e!NtZiO: i'm just wo~derim~ why we ape doin~ than What if the perso~ takes two years to ~e~ SECRETARY: Yes~ you see, {ha~ is possible. CHAIR~'[AN: Wha~ wou[d be [he short fail ~ we leE~ i~ out. MEMBER D[NIZ[O: Tha~s wha[ i'm assn,. MEP~,[BER TORTORA: Then it's an open-ended permiz, ¥[EMB~R D[NIZiO: [ a~reed, it could be an open-ended permit. CHAIRMAN: Normaity we pu~ three y~ars in a variance proposal. That's the period t[lfl{ r~e normally pat. SECRETARY: fa major projec[s we do. ([ HAiR. MA N: Yes. Page GG - Verbatim Transerh2ts Reg~iar Meetin{ of March 8~ 1996 So u. nol~ 12own Board o£ Appeals MEMBER DINIZ[O: That's certainly better than one year. SECRETARY: Ok. So we want to say -- ZEMBER TORTORA: Bob~ what do you }~]EMBER VILLA: We!! i think if this projec~ r~quires thr~ years financ[n~ ~t's in deep trouble. MEMBER DINIZiO: At the same time on ~he same token~ we're not supposed ~o assume tha~. ~na~'s not our pi~ here. We're no~ supposed to say. d~s person can afzord to do it, so go ahead and do it, We're loo~g to be practical. And certainly, this ~o~an,_ ~ . t would w~z to see. r. wo~a'"' want to see this Island tied to this plan forever ff lhat's it. Let's face it. This [s '.ne~ best plan q~ ~ ' ~-_a~ Southold is ever ~oing zo =~e~ at t!fis ~omt in time. MEMBER ~I~LA: You are or~tin~ it two ways because at first we're tryi~ to pu~: a ihnitadon on it, in the be~im~n~ we were sayiny we would ~ve it a conditional app~ovai, and they were sa~in~ they wa~_~ed to ~et ~o~g very quickly, and you know, we've been haste~n~ tbHs thin~ so they can get their spade in the ~round. So what's the big problem. SECRETARY: Then leave it out. Then don~t put an3~ny ~ k for a time limit. Trust their -- ,~L~MBER TORTOKA: [ would like to see one-year renewable. MEMBER DiNIZIO: No~ no. CHAIRMAN: There's really no reason to put anythin~ in quite honestly. SECRETARY: No there isn:t. MEMBER VILLA: If we stick to the code and the code says one year. MEMBER D[NZIO: The code doesn't say one year. MEMBE!{ VI~A. Well. ~.~z~-. AS [on~ ~s ~ou receive a stalus letter every ~wo yeaFs - ME~'~r~: ~,~ ~.~. VILLA: Whv~ was [t chan~ed~ from the two vears~ -- SECRETARY: r ~ s a compromise I~m offerin~ because if you do ~t every year~ ~t~d a building' ~ermit is good for two years, if you do it every year wm are nskin~ foe more updates than the ou~dln~ deDartmen[ would MEMBER ~'TT r · . · for is a sin[us [~epor~. Tnats all. Pa~e ~7 - VerbaTim Transcripts Re~o~utar Meeting of March 8, 1996 Southokt Town Board of Appeals MEMBER VILLA: It's not tied to a building plan. SECRETARY: If the project is commenced and they are working under that permit, then there would be no reason to ask for a status report because tile status is on file with the building department for the inspections. MEMBER TORTORA TO KEVIN LAW: Do you have any objections to a yearly s tat~is report? KEVIN LAW~ ES~: [ think it would be preferable to do it every two years because sontetimes a year ~oes by ~d it's, you ~ow, t~s sometimes ta~e longer than you want, to ~et somet~n~ done. And I t~n~ we could ail sit here aud thin~ "where did the last year just go by." And so we fibre two years would be more reasonable, we:d have more t~n~s to report to you every two 'pears. MEMBER VILLA: By the same token thou{h, ~ you're ~vin{ a problem, it would be nice to know why you didn't do MR_ LAW: I[ you're lookin~ for a short written status report on an annual basis~ I donk think that's objectionable. SECRETARY: On the p~oposed 'Plan' ~d the buildings that are the subject of the variances. Just that portion of the ?lan.~ MR. LAW: ,/usx those that are the subject o[ the variances. Yes. That would be reasonable. And to the extent that you're loo~ for some t~e o[ detailed status report~ I just thought it would make more sense every two yea~s. But to the extent that you're !oo~n~ flor just e short brief report on an annual basis~ I don't t~n~ that's an nnreasonable request, and think he ~gy ~o gton~ with MEMBER TORTORA: Let's go for that. Good. CHAIRMAN: Two years then? MEMBER D[NIZIO: Yes. ~IEMBER TORTORA: ~Every year." MEMBER D[NiZIO: No~ that's-- MEMBER TORTORA: He has no objections. Why do you have objections? MEMBKR DINiZIO: Because ! object to it. i objeot to the f~ct that we have to subjec~ these people to a one-year, every -- number one, who is ~oing to ~ay, how detaiied it has zo be. Is this person g'oin~ to come to us with s~methlngb snd someone on ti~e board is ~oi~ to say~ "Oh~ no~ I want to know ~hls." And then he~s ~oing to have to go back and-- MEMBER TORTORA: We're leavin~ that to the-- Page a8 - Vet~batim Transcripts R.c~%ulat- Meeting of March 6, 3996 Soi~thold Town Board of :Appeals SECRETARY: How about addin~ the word "brief" in there, "brief COIIStDtlCtiO~I $tatlls.' MEMBER DiNIZiO: Woudd you define brief for me in the context of ~overnment ? SECRETARY: What would you define brief as in the "Law" dictionary? MEMBER VILLA: Would you outline what you wahl every ~wo years, how many details do you want for every two years? MEMBER DINiZIO: i don't. I want to approve it, I want t~s man to stand bv the laws, s~and by the conditions, and ff he doesn't, be brought up to wi~atever char~es need to be brought up to, and taken care of accordingly, according io the laws~ rules of the Town of Souzhold. ~ot come to the Board of Appeals that has plenty of ether t~n~s ~o do, and issue a report on the status tha~ the Town Bui!d~y Department is supposed to be ta~n~ care of. If it doesnk apply, ff it doesn't apply to ~s variance, he's supposed to e~orce that. Nol us. We have no-- After this~ after we have a~reed to his concept, I donk see where we have io have any say in t his. MEMBER VILLA: Why do we have t!~ngs back to us every year, Accessory Apartments and different thin~s like that? We've granted those, ~hey~ve come back to us every year for a permit. SECRETARY: Serge, we need your commen~s on tbJs. You:re the only member left and it will make a dgference. Do you ttfink it's necessary to have a letter every )-esr, or every U~-o years-- CHAIRS~AN: A five-year plan. MEMBER DOYEN: ~ say it's reasonable every two years. SECRETARY: And Jerry you said how many years? CHAIRMAN: I doWt really care. SECRETARY: Ori~na[Iy you said il should ~o out so does ~hat mean you want two years as all alternative? CttA[RMAN: ~'I1 go with tv~o years. SECRETARY: And, Jim, will you go with iwo years? ~IEMBER DIN!ZiO: ~ won't hold ~he projecl up because of it, no, i'm not satisfied wi~h ~vo years. SEUi{ETARY: ~'o. No_ Would you agree wi~h -- )JIiMBb]R VILLA: N'obody is holding the projec~ up. All we >~an~ is a. simple Page 69 - Verbedm Transer~Jpts ReF~u[ar Meeting o[ March 6, 1996 Sou~hoId Towu Board of Appeals SECRETARY: Can we add that in and go on to the next thin~ for now? CHAIRMAN: Ok, it there anythin~ else, Linda? SECRETARY: Well, actualiy~ you mentioned that. There's notching else that [ have [o say. Everything that is underlined was added by me just as corrections, and just after spea -king with the Town Attorney, and my own dolng's. So. CHAIRMAN: Page 5, ladies and gentlemen. "Board Determination and Conditions. No. 1. Height, sizes, " (Read draft into the read, continued to page 6.) SECRETARY: On number 1 there on that page, page 6, Jerry, where it says la, :,.'~. c, and d, where it's kind of consolidated fit the one para.~raph? See where I have it underlined, where it says the "~ara~e with staff quarters bulldin~ with sleepin~ accommodations and allowable microwave cooking... ~' CHAIRMAN: Yes. SECRETARY: Rather than a "permanent kitchen facility" for periodic, and it should say after that, "fOr vacation house staff" use. CHAIRMAN: Right. SECRETARY: And cross out "up to number of months per calendar yea~" because Mr. Bacon doesn't know how fre~uent!y he~s going to be living in his vacation home, whether it's three days, or 365 days, and he only needs a vacation house staff there when he is there. So that's why we said "pe rio dic." CHAIRMAN: Ok. i offered ttze rest of the conditions as a part of the findings of this decision. If the decision is completed and we have it avaiiab[e, i will make it available to the press at i0 o~clock on Friday morning, this Friday, so you'll have plenty of time to put it in the paper, you know, for the following week. MEMBER VILLA: Are we goin~ to act on this tonight, or what? CHAIRMAN: i'm going to act on it right riffs second. MEMB ER VILLA: You kno~v, we were furnished drafts, and we made chan~es and made suggestions, and it - this was handed to us to,might, I think we should at least have the courtesy of reading it. CHAIRMAN: We!l, the findings of the decision are based upon what we put into the ~tecfsion. We have maximized -- M!£MBE~ VILLA: What do you mean when you say "we?" SECRETA[~Y: Well, my discussions - ?ag-~ 70 - Verbatim Transcrip~,s !{eg~iar Meedn~ of March ~ !996 $ou~hotd Town Board of Appeals CHAIRMAN: Myself. SECRETARY: Ne, Jerry. ~t is myself with each individual board member, and Bob you did see this previously. MEMBER VI~EA: Yes, i did~ SECRETARY: We have been ~oin~ ever MEMBER VILLA: i donzi mean {o be the bad ~y, but this is such a bis project, we should a[ !easz have ~he courtesy of readin~ ii before we act on CHAIRMAN%. This is the eieven{h dr~i ~hat we did. MEMBER VILLA: Yes. And iZ is draft, after drafft. Donk you think we should at least read CHAIRMAN: We are. You can read SECR. ETARY: t thought we would have lnad an appearance earlier by Board Members who arrived ~ter 7 so tha~ we could read it together~ bu~ if we need another month ~o read it -- CHAIRMAN: We are no~ ~oin~ zo need anozher mon[h. We wilt read it after the other delibera[ions and vote on speak, ok? SECRETARY: Ok. I ]ust wan[ed to ask one question here. MEMBER TORTORA: Could you We me a pate on {hat? SECRETARY: It's pa~e 7, e. MEMBER TORTORA: Thank you. (Approxima[eiy an hoar laLer, after go[n~ to another file for deHbera[ions, ~:his ma[tom ~econvened - Lonis Bacon projec[.) CHAIRMAN: Ok, Robins island. S~CRETARY: [ only ask on your drafts if you please give me your copies wRh your no[es on H~em~ and i will pul them in ~he record so that we can come up with another final draft a~sin, razher ~han re-doin~ it every day FoP ~he next weeks. CHAIRMAN: ,.h~[ o my DOUIt. ('i~A[RMAX: There are uo changes (only minor chanyes). P~.~e ?t ~ Verbatim TranscriPts R. egtth~r ~lee[fllg of ~Iarch 6, t996 Southold Town Board of Appeals SECRETARY: There are five board members; and every time w__e have talked there's ffve different * ' o~ d~fl~s to be chan~ed. We are askin~ you to note on your copy (now) because I can't do it five times a day, every sometlfin~ fs chan~ed. It's impossible. We don't have a staff of 30 people. CHAIRMAN: We will go from pa~e 6, on, under the conditions at the culmination of deliberations ~o~ht, and we will ~o shot for shot. And don't care if we are here until two a.m., we will fi~sh it. SECRETARY: A lo~ of these (m~or) chan~es were in there, Bob, that you asked for. I don't unde~tand what needs to be -- : ME~IBER VILLA: What you don't understand, Mnda, is I made suggestions aad you went aton~ ~th them, and now I've seen some of the t~ngs that were chan~ after you and I had a~reed to it. SECRETARY: You know what was chan~ed? Some of h had to be chan~ed because they were so unreasonable, and that's what we are tal~n~ about it, Bob. If we can't [alk about it here in a meeting: then when do you want to talk about i~? Tomorrow? Then let's talk about it now. MEMBER VILLA: Jerry was sa)dn~ ail along he was going ~o approve And f felt we should at least have a chance of reading. SECRETARY: But you did have time ~o read it. You knew tha~ I was ge[n~ to have this done because [ talked to you yesterday. MEMBER VILLA: You ~ve it to me 7:20 p.m. (approximate time when members arr[ved). SECRETARY: Jim came in twice today. CHAIRMAN: We have had tl re-drafts on SECRETARY: Lydia came h~ twice yesterday. CHAIRMAN: The decision is 11 pages tong. MEMBER VILLA: if ! came fn three times today, you wen[ oui in ~he room before and made a chan~e while we were -- ~.EuRE~ARY. By adjustin~ I0 words - minor words. CIIAIR. MA[q: Ok, could we please continue. These people~¥---e been here n[oe yea us ( CO[ltlOUS). SaCR. E, AR.Y: We'r~ goin~ to g'o on For nine years with this preject ( .~e ki ng'ly ) . ~ttA~RMA~: i wanted to say on ~!~e record~ and ! ~ope you ~onk mind me sevin~ [t~ Mr. Connors, but when I saw you ~line years a~o: yonr hair w sn ~ ~'~v and r had o beck of a lot more hair. ~ ~' i'ag{, 72 Vcr'batim Transcvipls Regular Meetiug of March 6, 1996 Southold Town Board of Appeals MR. CONNERS: Tiffs is the hardest single thing [ have ever had to do in my whole life. CilAIRMAN: I am sure. Ok. I open Conners for deliberations. (Silence) A ny body? /to be continued when time permits. Remainder of discussions were nm part of hcariug, bnt continued as par~ of deliberation discussions amongs~ board members only. ) The Above is a Draft Transcript - com~nents made ar Regular Meeting and Pubtie hearings, as recorded by machine. (Not proofread or finalized due re transition between employees and extensive discussions, requiring many hours of additional typing.) Draft Typed by Noreen Frey from tape recordings; continue to next meeting tapes which are also behind at this time. = ~iVaD gjXlD FILED BY "~" SOUTi:iOLD TOWN CLERK L